ZOuSMAY-4 PM 2:32 

State of New Me*i(!-(!)L .,lrrA!Rs oivlstoN 

Office of the Governor 

Bill Richardson 

Governor 

April 25, 2005 

Mayor Richard Greene 

Regional Administrator 

U.S. Environmental Protection Agency, Region 6 

1445 Ross A venue 

Dallas, TX 75202-2733 

Dear Mayor Greene: 

•\,~----

i\A SPEC ASST ~· 

On behalf of the New Mexico Environment Department (NMED), I am PJ1'e8.Seli 'to submit 

to the Environmental Protection Agency (EPA) the enclosed revisions to the State 

Implementation Plan. This revision includes an amendment to the New Mexico Air 

Quality Control Act, adoption of New Mexico Administrative f:ode (NMAC) regulation 

20.2.66 NMAC- Cotton Gins, and amendments to regulation@.2. 72 - Construction 

Permi~ 20.2. 73 -Notice of Intent and Emissions Inventory Requirements, and 20.2. 75 -

Construction Pennit Fees. The hearing records for these SIP revisions are attached, 

which include the filed regulations, transcripts, exhibits, public notices, affidavits of 

publication, notices of intent to testify, and public comments. 

If there are any questions concerning this SIP submittal, please contact Mary Uhl, Acting 

Air Quality Bureau Chief, at (505) 955-8086. 

Sincerely, 

Bill Richardson 

Governor of New Mexico 

cc: Tom Diggs, EPA Region 6 

David Neleigh, EPA Region 6 

Ron Curry, NMED, Cabinet Secretary 

Mary Uhl, NMED, Air Quality Bureau 

State Capitol • Room 400 • Santa Fe, New Mexico 87501 • 505-476-zzoo • www.governor.state.nm.us 
FILED WITH 

STATE RECCPDS cnHER 

ZOU3 JUL 28 PH r,: 03 

NMACTRANSMITTALFORM 

1.24.10 NMAC [Sequence# ] 

+,!~~?:f~li~1ii~~~~C":· 

Environmental Improvement Board 

P.O. Box 26110 

1190 St Francis Drive 

Santa Fe New Mexico 87502 

Eric Ames 

eric_ames@nmenv.state.nm.us 

New D Amendment [!] Renumber D Repeal D Emergency D 

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Environmental Protection 

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Amended One Section 20.2.72.219 NMAC 

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No X Yes Please list attachments 

and Internet site{s) if 

applicable 

YesD 

Name: Gay Dillingham 

Title: Chair \ 

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SiQ"f1ature I J (/ 

SRC-2000-02 

5/26/2000 

1. 

2 

3. 

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This is an amendment to 20.2.72.219 NMAC, effective 08/27/03: 

20.2.72.219 

A. 

PERMIT REVISIONS: 

Administrative Permit Revisions: 

2Gu3 JUL 2 8 Pl1 4: 0 3 

(1) Administrative permit revision procedures may be used only for those permit revisions that: 

(a) Correct typographical errors; 

(b) Provide for a minor administrative change at the source, such as a change in ownership or a 

change in the address or phone number of any person identified in the permit; 

(c) Incorporate a change in the permit solely involving the retiring of a source or closing of a 

facility upon notification of the Department that the permittee has ceased operations of the source or facility; 

(d) Incorporate a change in the permit solely involving the deletion from the permit of a source 

or sources upon notification of the Department that the source or sources have not been and will not be built; or 

(e) Incorporate a source or activity at the facility which is exempted under Subsection B of 

20.2. 72.202 NMAC; 

(2) The permittee shall apply for an administrative permit revision by filing a certified written 

notification of the proposed revision with the Department which includes all information required by the Department 

to review the request. The certification shall be made as required under Paragraph 12 of Subsection A of 

20.2. 72.203 NMAC; 

(3) The administrative permit revision is effective upon receipt of the notification by the Department; 

(4) Administrative permit revisions shall not be subject to public notification requirements under 

Subsection B of 20.2. 72.203 NMAC and 20.2. 72.206 NMAC. The Department shall attach the revision to the 

permit; 

(5) Administrative permit revisions shall not be subject to filing fees or permit fees under 20.2.75 

NMAC (Construction Permit Fees); 

(6) The Department is not required to reissue the permit to incorporate an administrative permit 

revision. 

B. Technical Permit Revisions: 

(1) Technical permit revision procedures may be used only for: 

(a) Permit revisions that incorporate a change in the permit solely involving a change to 

monitoring, record keeping, or reporting requirements by the permittee, provided that the Department determines 

that such change does not reduce the enforceability of the permit; 

(b) Permit revisions that incorporate a change in the permit solely involving additional 

equipment with a potential emission rate of no more than one ( 1) pound per hour for any pollutant for which a 

National or New Mexico Ambient Air Quality Standard has been set or one (1) pound per hour for any VOC; 

(c) Permit revisions that incorporate a change in the permit solely involving the placement of 

permit conditions, including emissions limitations, on sources which existed on August 31, 1972 and which have 

been regularly operated since that time; 

(d) Modifications that replace an emissions unit for which the allowable emissions limits have 

been established in the permit, provided that the new emissions unit: 

(i) Is equivalent to the replaced emissions unit, and serves the same function within the 

facility and process; 

(ii) Has the same or lower capacity and potential emission rates; 

(iii) Has the same or higher control efficiency, and stack parameters which are at least as 

effective in the dispersion of air pollutants; 

(iv) Would not result in an increase of the potential emission rate of any other equipment 

at the facility; 

(v) Shall be subject to the same or lower allowable emissions limits under the permit, 

and to all other permit conditions which have applied to the replaced emissions unit; 

(vi) Would not, when operated under applicable permit conditions, cause or contribute to 

a violation of any National or New Mexico Ambient Air Quality Standard; and 

(vii) Would not, as determined by the Department, require additional permit conditions 

in order to ensure the enforceability of the permit, such as additional record keeping or reporting to show 

compliance. [ eF] 

(e) Permit revisions that make adjustments to the emissions limitations based on the result of 

the initial compliance test(s), provided that: 

i. The test is performed in accordance with permit conditions; 

20.2.72 NMAC 
(ii) Such adjustment occurs within six ( 6) months of the compliance test; 

(iii) No other such adjustment has occurred since the most recent permit issuance or 

reissuance; 

(iv) Such adjustment does not: alter any other permit condition; trigger additional 

requirements under any other Part, including 20.2. 74 NMAC (Prevention of Significant Deterioration); or result in 

allowable emissions which could contribute to a violation of any National or New Mexico Ambient Air Quality 

Standard; 

(v) Such request does not increase the permitted allowable emissions of the unit(s) on 

which the initial compliance test(s) have been performed by more than ten (10) percent; and 

(vi) Where the permit fee calculated under 20.2.75 NMAC (Construction Permit Fees) 

would have been greater if it had been based on the potential emission rate as indicated by the compliance test, the 

balance of the permit fee is submitted as part of the technical permit revision application; 

(0 Permit revisions that incorporate a change in the permit solely involving the addition of air 

pollution control equipment or the substitution of a different type of air pollution control equipment to existing 

equipment provided that such addition or substitution shall not result in an increase in the potential emission rate of 

more than one (1) pound per hour for any pollutant for which a National or New Mexico Ambient Air Quality 

Standard has been set, or one (1) pound per hour for total VOCs; or 

(g) Permit revisions that incorporate terms and conditions in the permit, such as a cap on hours 

of operation, limitations on throughput of a specific product or products, or limitations on equipment capacity, for 

the purpose of reducing the potential emission rate of a unit or source. 

(2) A request for a technical permit revision shall be accomplished by filing a certified written 

notification of the proposed revision with the Department on forms provided by the Department and shall include all 

information required by the Department to review the request. The certification shall be made as required under 

Paragraph 12 of Subsection A of 20.2. 72.203 NMAC; 

(3) The Department shall approve or deny the technical permit revision, or inform the applicant that 

the request must be submitted as a significant permit revision: 

(a) Within thirty (30) days of receipt of the application; or 

(b) If in response to significant public interest the Department holds a public meeting regarding 

the technical permit revision, within sixty ( 60) days of receipt of the application; 

(4) The Department may deny an application for a technical permit revision or require that such 

application be submitted as a significant permit revision if: 

(a) Such revision does not meet the criteria of this section; 

(b) In the judgment of the Department the revision would require a decision on a significant or 

complex issue; or 

(c) In the judgment of the Department the permittee has submitted multiple or subsequent 

applications for technical permit revisions under this Part that segment a larger revision or modification that would 

not be eligible for a technical permit revision; 

(5) The technical permit revision shall become effective upon written approval from the Department; 

(6) Technical permit revisions shall not be subject to public notification requirements under 

Paragraphs 1, 4 and 5 of Subsection B of 20.2. 72.203 NMAC, and 20.2. 72.206 NMAC. The Department shall 

attach the technical permit revision to the permit. 

C. [RESERVED] 

D. Significant Permit Revisions: 

(1) A significant permit revision is required for any modification to a source, and for revisions to any 

term or condition of such permit, including but not limited to emissions limitation, control technology, operating 

conditions, and monitoring requirements; that: 

(a) Do not meet the criteria under the provisions for administrative or technical permit 

revisions under Subsections A orB of20.2.72.219 NMAC; or 

(b) Meet the applicability criteria under 20.2.72.402 NMAC regarding toxic air pollutants; 

(2) Applications for significant permit revisions shall meet all requirements of this Part for permits 

and shall be processed in accordance with the public notice, review, and hearing procedures set forth in this Part for 

such permits. 

[11/30/95; Rn, 20 NMAC 2.72.202, 01/07/98; A, 01/07/98; A, 01/01/00; 20.2.72.219 NMAC- Rn, 20 NMAC 

2.72.219, 02/02/01; A, 08/27/03] 

20.2.72 NMAC 2 
STATE OF NEW :MEXICO 

ENVIRONlVIENT AL IM:PROVEl\fENT BOARD 

IN THE MATTER OF THE ASSOCIATION OF 

COl\fl\fERCE AND INDUSTRY'S PROPOSED REVISIONS 

TO 20.2.72 NMAC- CONSTRUCTION PERMITS EIB 02-01 (R) 

ENVIRONMENTAL PROTECTION DIVISION'S 

NOTICE OF INTENT TO PRESENT TECHNICAL TESTIMONY 

The Environmental Protection Division of the New Mexico Environment Department 

(Division) submits this notice of intent to present technical testimony regarding the abovecaptioned petition at the public hearing on December 13, 2002. 

1. Agency represented by technical witnesses. 

The Division. 

2. Names and qualifications oftechnical witnesses. 

Rita Truji11o. Ms. Trujillo is the Program Manager for the Control Strategies 

Section of the Division's Air Quality Bureau. She has twelve years in the environmental field, 

including four years with the Air Quality Bureau. Ms. Trujillo holds a B.S. degree in Biology 

from Humboldt State University. 

Richard Goodyear. Mr. Goodyear has been Engineering Manager for all air 

quality permit programs for six years. For nearly four years prior to that, he processed permits in 

the Bureau's New Source Review Unit and was the Title V Program Manager. He served for 21 

years as an officer in the U.S. Army Corps of Engineers. He has a B.S. degree from the U.S. 

Military Academy and an M.S. degree in Mechanical Engineering from Iowa State University. 

He is a registered professional engineer in New Mexico and Virginia. 

NOTICE OF INTENT- PAGE 1 
3. Agency position regarding the petition. 

The Division supports the petition as modified below. 

4. Summary of testimony. 

Ms. Trujillo's written testimony is attached as Exhibit A. 

Mr. Goodyear will not present direct testimony but will be available to answer 

questions on cross-examination. 

5. Anticipated length oftestimony. 

Ms. Trujillo's testimony is expected to take 15 minutes. 

6. Anticipated list of exhibits. 

The Division does not anticipate offering any exhibits. 

7. Proposed alternative language. 

The Division proposes to modify the petition as described in Exhibit B. 

The Department reserves the right to call any person to testify and to present any exhibit 

in response to any testimony or exhibit presented by another party or interested person in the 

hearing. The Department also reserves the right to call any person as a rebuttal witness and to 

present any exhibit in support thereof. 

NOTICE OF INTENT- PAGE 2 
NOTICE OF lNTENT - PAGE 3 

Respectfully submitted, 

NEW MEXICO ENVIRONMENT DEPARTMENT 

OFFIC/\F GENERAL COUNSEL 

~:? EricAmes / 

Assistant General Counsel 

New Mexico Environment Department 

P.O. Box 26110 

1190 St. Francis Drive 

Santa Fe, New Mexico 87502-6110 
EXHffiiTA 

DIRECT TESTIMONY OF RITA TRUJILLO 

I. BACKGROUND 

The consensus proposal being presented today was developed through a collaborative 

process. The Association of Commerce and Industry (ACI) filed the original petition; the 

Division's Air Quality Bureau (AQB) requested a meeting with ACI to obtain clarification of 

ACI's intent and the language of the petition; the AQB then organized a meeting with ACI and 

environmental advocacy organizations, such as New Mexico Citizens for Clean Air and Water 

and the New Mexico Lung Association, to develop a consensus position on the goal of the 

proposed technical permit revision; the AQB then spearheaded the development of consensus 

language, to which these persons have agreed. 

II. THE CONSENSUS PROPOSAL 

A. HOW THE PROPOSAL WORKS 

The AQB expects the proposal to be used by sources adding or replacing control 

equipment for which the emissions of any pollutant for which there is a NAAQS or NMAAQS, 

or any VOC, do not increase by more than 1 pound per hour ( 4.3 8 tons per year). The proposal 

also allows sources to change permit terms and conditions to decrease their potential emission 

rate. For example, a source may reduce its potential emission rate by accepting permit terms and 

conditions limiting the hours of operation or the tons per hour of product throughput. 

TRUJlLLO TESTIMONY- PAGE 1 
B. HOW THESE REQUESTS ARE PROCESSED 

The process for reviewing these technical permit revisions will be the same as for other 

technical permit revisions under 20.2.72.219 NMAC. A source submits an application 

requesting a technical permit revision; the AQB determines whether the application qualifies; if 

the application qualifies, the AQB grants the technical permit revision within 30 days of receipt. 

However, if the AQB determines that the technical permit revision is technical or controversial, it 

may require, pursuant to 20.2. 72.219 .B.4 NMAC, that the source submit a significant permit 

revision. For example, the AQB may require more time to review a proposal to install innovative 

or experimental air pollution control equipment. 

C. THE PROPOSAL BENEFITS THE ENVIRONMENT 

The proposal is good public policy for the environment, industry, and the AQB. The 

proposal makes it easier for sources to revise their permits to incorporate air pollution control 

equipment or to take permit terms and conditions which reduce emissions. Currently, source 

seeking these changes would be required to submit an application for a significant permit 

revision, which may take as long as 90 days and requires a more substantial permit fee. This 

proposal will allow sources to install pollution controls sooner, resulting in a net environmental 

benefit. Further, the Bureau will be expending less staff time to process these types of requests. 

TRUJILLO TESTIMONY- PAGE 2 
EXHIBITB 

(f) Permit revisions that incorporate a change in the permit solely involving the addition of air 

pollution control equipment or the substitution of a different type of air po11ution control 

equipment to existing equipmentpermit conditions limiting the potential emission rate, provided 

that the-such air pollution control equipmentaddition or substitution shaH not results in an 

increase in the potential emission rate of ne-more than one (1) pound per hour ef-.-for any 

regulated pollutant for which a National or New Mexico Ambient Air Quality Standard has been 

set, and-or one (1) pound per hour ef-for any VOC, taking into account conditions imposed by 

the revision. Revisions authorized by this subpart may include emission limits, testing, 

monitoring, recordkeeping, or reporting requirements. 

(g) Permit revisions that incorporate terms and conditions in the permit, such as a cap on hours 

of operation, limitations on throughput of a specific product or products, or limitations on 

equipment capacity, for the purpose of reducing the potential emission rate of a unit or source. 
05-06-2003 A10:23 

MoDRALL SPERLING 

LAWYERS 

May 5, 2003 ;/ 

Y William C. Scott 

Administrative Secretary 

NMED Boards and Commissions 

1190 St. Francis Drive, Room N-2150 

Santa Fe, New Mexico 87502 

Re: Petition to Amend Air Quality Control Regulation 20 llMAC 2. 72.219.B 

Dear Sir or Madam: 

Enclosed please find an original and seven copies of the Association of 

Commerce and Industry's Notice of Filing in connection with this matter. I would 

appreciate it if you would file the original and six copies. Please then file stamp the 

seventh copy and return it to me in the enclosed, self-addressed stamped envelope. I 

appreciate your assistance. 

Please feel free to raise any questions you may have. 

WCS :rkg:W0225482.DOC 

Enclosures 

cc w/encl.: Eric Ames, Esq. 

Sincerely, 

Wkc~ William C. Scott 

505.848.1824 

Fax: 505.848.9710 

bscott@modrall.com 

Modrall Sperling 

Roehl Harris & Sisk P.A. 

Bank of America Centre 

500 Fourth Street NW 

Suite 1000 

Albuquerque, 

New Mexico 87102 

PO Box 2168 

Albuquerque, 

New Mexico 87103-2168 

Tel: 505.848.1800 

www.modrall.com 
05-06-2003 A10:23 

STATE OF NEW MEXICO 

BEFORE THE ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER OF THE PETITION TO 

AMEND AIR QUALITY CONTROL EIB-02-01 

REGULATION 20 N.M.A.C. 2.72.219.B 

NOTICE OF FILING 

YOU ARE HEREBY NOTIFIED THAT on this .6!:_ day of May, 2003, the 

Association of Commerce and 1-ldust!"y filed the Affidavit of Publication in the New Mexico 

Register dated April 30, 2003 and the Affidavit of Publication in the Albuquerque Journal dated 

April 29, 2003. True and correct copies of those Affidavit of Publication are attached hereto as 

Exhibits A and B, respectively. 

MODRALL, SPERLING, ROEHL, HARRIS 

~~~·:~A. By:W ~.c. 7Mt= 

WE HEREBY CERTIFY that a true 

and correct copy of the foregoing 

pleading was mailed to Eric Ames, 

William C. Scott 

Attorneys for Petitioner Association of 

Commerce and Industry 

Post Office Box 2168 

Bank of America Centre, Suite 1000 

500 Fourth Street, N.W. 

Albuquerque, New Mexico 87103-2168 

Telephone: (505) 848-1800 

P.O. B~x 26110, Santa Fe, NM 87502-0110 

this _5"'"_ day of May, 2003. 

MODRALL, SPERLING, ROEHL, HARRIS 

& SISK, P.A. 

By~~ L-M 

William C. s'iott 

W0257453.DOC 
New Mexico Commission of Public Records 

Administrative Law Division 

1205 Camino Carlos Rey 

Santa Fe, NM 87507 

505-476-7907 

Affidavit of Publication in the New Mexico Register 

I certify that the agency noted below has published legal notices or rules in the New Mexico 

Register, and that payment has been assessed by invoice for said legal notice or publication, 

which appeared on the date and in the volume and issue number noted below. 

Date of Publication: 4/30/2003 

Volume: XIV Issue#: 8 

Invoice#: NlvfR-2003- 236 

Amount: $22.50 

Description: 

Notice 

Agency: 

NN1 Environ. Improvement Bd 

Contact: William Scott 

c/o Modrall Sperling -PO Box 2168 

Albuquerque, NM 87103-

Notice of Public Meeting and Notice of 

Attest: JLL_i_. 1Jk-"~- Publisherle~-;;;;;ico Registe -~ 

Date: 4/30/2003 

Administrative Law Division 

New Mexico Commission of Public Records 

--------

Notice to Publishing Agency 

Enclosed are your agency's proof copies of the legal notices or rules which were published in the New 

Mexico Register. These document the fact that your Notice of Rulemaking, Proposed Rule, or 

Adopted Rule has been published in the New Mexico Register. 

Fonn SRC-2002-04 

EXHIBIT 
176 New Mexico Register I Volume XIV, Number 8 I Apri130, 2003 

reference. The sections that would be 

amended include the following: 

20.4.1.5 NMAC - Effective Date. The 

proposed amendment changes the effective 

date to reflect adoption of these amendments. 

20.4.1.1 00 NMAC - Adoption of 40 CFR 

Part 260. The proposed amendments will 

adopt 40 CFR Part 260, through July I, 

2002. 

20.4.1.101 NMAC - Modifications and 

Exceptions. The proposed amendments 

will include 40 CFR sections 260.20 and 

260.22 as adopted sections. 

20.4.1.200 NMAC - Adoption of 40 CFR 

Part 261. The proposed amendments will 

adopt 40 CFR Part 261, through July I, 

2002. 

20.4.1.300 NMAC - Adoption of 40 CFR 

Part 262. The proposed amendments will 

adopt 40 CFR Part 262, through July I, 

2002. 

20.4.1.400 NMAC - Adoption of 40 CFR 

Part 263. The proposed amendments will 

adopt 40 CFR Part 263, through July I, 

2002. 

20.4.1.401 NMAC - Omissions. Non-substantive technical amendments. 

20.4.1.500 NMAC - Adoption of 40 CFR 

Part 264. The proposed amendments will 

adopt 40 CFR Part 264, through July I, 

2002. 

20.4.1.501 NMAC- Omissions. Non-substantive technical amendments. 

20.4.1.600 NMAC - Adoption of 40 CFR 

part 265. The proposed amendments will 

adopt 40 CFR Part 265, through July l, 

2002. 

20.4.1.60 I NMAC - Omissions. Non-substantive technical amendments. 

20.4.1.700 NMAC- Adoption of 40 CFR 

Part 266. The proposed amendments will 

adopt 40 CFR Part 266, through July I, 

2002. 

20.4.1.800 NMAC- Adoption of 40 CFR 

Part 268. The proposed amendments will 

adopt 40 CFR Part 268, through July l, 

2002. 

20.4.!.80 I NMAC- Omissions. Non-substantive technical amendments. 

20.4.1.900 NMAC - Adoption of 40 CFR 

Part 270. The proposed amendments will 

adopt 40 CFR Part 270, through July I, 

2002. 

20.4.1.90 I NMAC Permitting 

Procedures. Non-substantive technical 

amendments. 

20.4.1.1 000 NMAC - Adoption of 40 CFR 

Part 273. The proposed amendments will 

adopt 40 CFR Part 273, through July l, 

2002. 

20.4.!.1 002 NMAC - Adoption of 40 CFR 

Part 279. The proposed amendments will 

adopt 40 CFR Part 279, Used Oil Standards, 

through July I, 2002. 

20.4.1.11 03 NMAC - Reserved. Non-substantive technical amendments. 

20.4.1.11 07 NMAC - Availability of 

Materials Incorporated By Reference. 

Change of address. 

The purpose of these amendments is to 

update the state hazardous waste management regulations to the extent that they 

adopt federal regulations, so that New 

Mexico's Hazardous Waste Program will 

remain in compliance with federal authorization requirements. The amendments also 

include 40 CFR Part 279 (Used Oil 

Standards) and 40 CFR sections 260.20 and 

260.22 for the first time. Following 

approval of these amendments, the 

Department intends to submit the revisions 

to the Environmental Protection Agency to 

obtain an updated federal authorization of 

its Hazardous Waste Program. 

The proposed changes may be reviewed 

during regular business hours at the office 

of the Environmental Improvement Board, 

Harold Runnels Building, 1190 St. Francis 

Drive, Room N-2150 Santa Fe, NM, 87505. 

Copies of the proposed revisions may be 

obtained by contacting Geraldine MadridChavez at (505) 827-2425 or by email at 

Geraldine_ Chavez@nmenv.state.nm.us or 

by visiting the Department's web site at 

www.nmenv.state.nm.us. Follow the links 

to the Hazardous Waste Bureau's page. 

Written comments regarding the proposed 

revisions may be addressed to Ms. MadridChavez at the above address, ·and should 

reference docket number EIB 03-02. 

The hearing will be conducted in accordance with 20.1.1 NMAC (Rulemaking 

Procedures) Environmental Improvement 

Board, the Environmental Improvement 

Act, Section 74-1-9 NMSA 1978, the 

Hazardous Waste Act, Chapter 74, Article 4 

NMSA 1978 and other applicable .procedures. 

All interested persons will be given reasonable opportunity at the hearing to submit 

relevant evidence, data, views and arguments, orally or in writing, to introduce 

exhibits, and to examine witnesses. Persons 

wishing to present technical testimony must 

file with the Board a written notice of intent 

to do so. The notice of intent shall: 

- identify the person for whom the witness( es) will testify; 

- identify each technical witness that the 

person intends to present and state the qualifications of the witness, including a 

description of their education and work 

background; 

- summarize or include a copy of the direct 

testimony of each technical witness and 

state the anticipated duration of the testimony of that witness; 

- list and describe, or attach, each exhibit 

anticipated to be offered by that person at 

the hearing; and 

- attach the text of any recommended modifications to the proposed changes. 

Notices of intent for the hearing must be 

received in the Office of the Environmental 

Improvement Board not later than 5:00 pm 

on June 20, 2003, and should reference the 

name of the regulation, the date of the hearing, and docket number EIB 03-02. Notices 

of intent to present technical testimony 

should be submitted to: 

Geraldine Madrid-Chavez 

Office of the Environmental Improvement 

Board 

Harold Runnels Building 

1190 St. Francis Dr., Room N-2150 

Santa Fe, NM 87502 

Any person who wishes to submit a nontechnical written statement for the record in 

lieu of oral testimony shall file such statement prior to the close of the hearing. 

If you are an individual with a disability and 

you require assistance or an auxiliary aid, 

e.g. slgn language interpreter, to participate 

in any aspect of this process, please contact 

Cliff Hawley by J~ne I5, 2003. Mr. 

Hawley can be reached at the New Mexico 

Environment Department, I I 90 St. Francis 

Drive, P.O. Box 26 I l 0, Santa Fe, NM 

87502, (505) 827-2844. TDD or TDY users 

may access his number via the New Mexico 

Relay Network (Albuquerque TDD users: 

(505) 275· 7333; outside of Albuquerque: 1-

800-659-1779.) 

The Board may make a decision on the proposed regulatory change at the conclusion 

of the hearing, or the Board may convene a 

meeting after the hearing to consider action 

on the proposal. 

NEW MEXICO 

ENVIRONMENTAL 

IMPROVEMENT BOARD 

THE NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT 

BOARD 

NOTICE OF PUBLIC MEETING 

AND 

NOTICE OF PUBLIC HEARING 
New Mexico Register I Volume XIV, Number 8 I April30, 2003 177 

The New Mexico Environmental 

Improvement Board will hold a public 

meeting on July I, 2003 beginning at 9:30 

a.m. at the New Mexico State Capitol, 

Room 317, Santa Fe, New Mexico. Contact 

Geraldine Madrid-Chavez (505) 827-2425 

for a.copy of the proposed agenda, which 

will be available after June 20, 2003, at the 

Environment Improvement Board's office, 

Room S-2054, 1190 St. Francis Drive, P.O. 

Box 26110, Santa Fe, New Mexico 87502. 

The Board will hold a public hearing during 

the meeting to consider In The Matter of 

Petition to Amend Air Quality Control 

Regulation 20.2.72.219 NMAC, Docket 

Number EIB-02-01. The Petition seeks to 

amend 20.2.72.219 NMAC, which governs 

technical amendments to air quality permits, by adding provisions which would 

authorize certain permit revisions which 

incorporate air ·pollution control equipment 

or permit conditions limiting the potential 

emission rate for a facility to be treated as 

technical permit revisions. A copy of the 

petition and the proposed regulatory change 

may be obtained from the Environmental 

Improvement Board's office, Room S-2054, 

1190 St. Francis Drive, P.O. Box 26110, 

Santa Fe, New Mexico 87502. Contact 

Geraldine Madrid-Chavez, (505) 827-2425, 

with questions concerning the hearing on 

this petition. 

The hearing will be conducted in accordance with the Environmental Improvement 

Board's Rulemaking Procedures, 20 NMAC 

1.1, the Environmental Improvement Act, 

Section 74-1-9 NMSA 1978, and other specific statutory procedures that may apply. 

All interested persons will be given a reasonable opportunity at the hearing to submit 

relevant evidence, data, views, and arguments, orally or in writing. to introduce 

exhibits, and to examine witnesses. Persons 

desiring to present technical testimony must 

file with the Board, a written notice of 

intent to do so. The notice of intent shall: 

* Identify the party for whom the 

witness will testify; 

* Identify each technical witness 

the party intends to present and state the 

qualifications of that witness, including a 

description of their education and work 

background; 

* Summarize or include a copy of 

the direct testimony of each technical witness and state the anticipated duration of the 

testimony; 

* Include the text of any recommended modifications to the proposed regulatory change; 

* List and describe, or attach, all 

exhibits anticipated to be offered by that 

person at the hearing. 

The deadline for the notice of intent is June 

20, 2003. Notices of intent must be filed in 

the office of the Board and should state the 

date and title of the hearing, and the case 

number. Any person who wishes to submit 

a non-technical written statement in lieu of 

oral testimony may do so at or before the 

hearing. 

The Board my reconvene a meeting at the 

end of the hearing to take action on the 

Petition. 

If you are an individual with a disability and 

you require assistance or an auxiliary aid, 

e.g. sign language interpreter, to participate 

in any aspect of this process, please contact 

Cliff Hawley by May 30, 2003 at the New 

Mexico Environment Department, 1190 St. 

Francis Drive, P.O. Box 261 !0, Santa Fe, 

New Mexico 87502, (505) 827-2850 (TDD 

or TDY users please access his number via 

the New Mexico Relay Network. 

Albuquerque TDD users: (505) 275-7333; 

outside of Albuquerque: 1-800-659-1779) . 

NEW MEXICO 

DEPARTMENT OF LABOR 

EMPLOYMENT SECURITY 

DIVISION 

NEW MEXICO DEPARTMENT OF 

LABOR 

NOTICE OF PUBLIC HEARING FOR 

RULEMAKING 

The New Mexico Department of 

Labor, Employment Security Division, will 

hold a public hearing for rule-making on 

proposed amendments to the Employment 

Security Division Rules Parts 100, 200, 

300, 400 and 500 concerning the 

Unemployment Compen5ation Law and 

general procedures of the department. The 

purpose of the amendments is to amend the 

ruies to address changes in the unempioyment compensation law mandated by legislation passed in the 2003 legislative session 

and make other appropriate amendments. 

Copies of the preliminary proposed revisions are available for review in the Office 

of the General Counsel of the New Mexico 

Department of Labor, 40 I Broadway, NE, 

Albuquerque, NM. Persons interested in 

reviewing the draft may submit a request a 

copy by phone, mail, e-mail or telefax to 

Rebecca E. Wardlaw, Office of the General 

Counsel, New Mexico Department of 

Labor, P. 0. Box 1928, Albuquerque, NM 

87103, rwardlaw@state.nrn. us, phone (505) 

841-8489; fax (505) 841-9024. 

A Public Hearing will be held on 

May 13, 2003, at 9:00 a.m., in the Tiwa 

Building conference room, located at 40 I 

Broadway, Albuquerque, New Mexico. 

Interested persons may submit comments in 

writing prior to the hearing or may appear at 

the hearing and make oral presentations. 

The Secretary of the New Mexico 

Department of Labor will fully consider all 

written and oral submissions. Unless the 

Secretary acts affirmatively to incorporate 

changes or requests received prior to or at 

the public hearing, except as described in 

particular sections, the rules as described in 

this notice shall become effective at midnight on June 30, 2003. Interested persons, 

who have a disability or who require some 

accommodation in attending the public 

hearing or having the proposed rule communicated to them, should submit a written 

request identifying the disability and type of 

accommodation needed to Rebecca E. 

Wardlaw, Office of the General Counsel, 

New Mexico Department of Labor, P. 0. 

Box 1928, Albuquerque, NM 87103, or fax 

to 505-841-9024. If such a request is not 

made at least 24 hours in advance of the 

public hearing, the availability of the 

accommodation on-site cannot be assured. 

NEW MEXICO 

DEPARTMENT OF LABOR 

JOB TRAINING DIVISION 

NOTICE OF PUBLIC HEARING FOR 

RULEMAKING 

The New Mexico Department of Labor Job 

Training Division (NMDOL JTD) State 

Administrative Entity (SAE), State 

Planning," Policy and Technical Assistance 

(SPPTA) Bureau will hold a public hearing 

for rule-making on replacement of four (4) 

and proposal of three (3) SAE WIA Rules as 

follows: 

11.2.6 NMAC WORKFORCE INVESTMENT ACT (WIA) ONE-STOP DELIVERY SYSTEM. This rule replaces existing 

issuance and provides guidance and direction to assure conformance and timelines. 

11.2.9 NMAC WORKFORCE INVESTMENTACT (WIA) SANCTIONS AND 

CORRECTIVE ACTIONS AND LIABILITY. This rule replaces existing issuance and 

provides parameters, limitations and the 

process for WIA compliance. 

11.2.14 NMAC WORKFORCE INVESTMENT ACT (WIA) STATEWIDE AND 

LOCAL GOVERNANCE. This rule 

·replaces existing issuances pertaining to the 

same subject and provides local WIA areas 

with guidance and direction for WIA board 

and council administration. 

11.2.18 NMAC WORKFORCE INVESTMENT ACT (WIA) YOUTH SERVICES 
E:TATE OF NEW MEXICO 

C.ounty of Bernalillo ss 

Bill Tafoya, being duly sworn, declares and says that he is Classified 

Advertising Manager of The Albuquerque Journal, and that this newspaper is 

duly qualified to publish legal notices or advertisements within the meaning of 

Section 3, Chapter 167, Session Laws of 1937, and that payment therefore has 

been made of assessed as court cost; that the notice, copy of which is hereto 

attached, was published in said paper in the regular daily edition, for 

_I_ times, the first publication being on the _i!l_ day of 

a;, I;; d , 2003z __ and the b~,' equent consecutive publications on 

-----~~~::::::..:-1--+-------------' 2003. 

I 

{o before me, a Notary Public, in and 

for the County of Bernalillo and State of New Mexico this 

day of ;,~_c( ~ of 2003. 

PRICE. _____ .....l.,IJ,L_.~__L'-{..:._ • ..L.9+1---

Statement to come at end of month. 

THE NEW MEXICO ENWIONMENTAL IMPROVEMENT 

BOARD 

NOTICE OF PUBUC IIEEllNG 

AND 

NOTICE OF PUBUC HEARING 

The New Mexico Environmental lmorovemenl Board wtll hold a public 

rneeling on July 1, 2003 beginning 

ar 9:30 a.m. at lhe New MeJCico Srale Capilol. Room 317, Santa Ft, 

New Mex1ca. Contact Geraldine 

Madrid-Chavez (505) 827·2425 for 

a copy of lhe proposed agenda, 

wn•ch will be available after June 

20. 2003. al lhe Environment Improvement Board's offica, Room S· 2054. 1190 S!. Francis Drive, P.O. Sox 26t 10, Sanla Fe, New Mexia) 

87502. 

The Board Will hold a public hearing 

dunng lhe meeting to oonsider In 

The Maner of Petrtion to Amend Ail 

' Qualify Control Regulation 

20 2.72.2t9 NMAC. Dodcet Numbor 

EiB-02.()1. The Pelilion seeks to amend 20.2.72.219 NMAC, wllich 

governs technical amendments to a1r qualify permrts. by adding proviSions which would authorize certain 

perm1t reviSions which incarporata 

a~r pollulion centro! equipmeilt or 

perrml conditions limrting lhe paten. 

lial em•ssion rate for a facility to be 

. ~ .....__, treated as technical permit ravi-- . -F.,_,..,._.. ... _.. _. 'f' sions. A cop'f of the petttion and the 

OfF iC.L\L S proposed reguia!Or; change may be 

" 1 obtamed from the Environmental 

Sal.,.,::> ·i~ \)::t li'-1 Improvement Board's offJCe,'f.loom 

' ''" '.. .... 1 S-2054, 1190 St. Francis Orive, 

l--:')T,\RV Pl.• P 0._ Box 25110, Santa Fa, New ~., .. ·:: d:\•'· MeXICO 87502. Conlact Geraldine :- '--' {If~~- '/ Madnd-Chavez, (505) 827·2425, L-') . lL '. .. . w1th questions ccnceming tNt hear- ! -

\ ,\.h·f·'tp·.n··· __ __ :·:.-·:. "~ :- ingonthispetttion. : 

' ..... -~~ "-'{-.,-- ,-....... ~ • The heanng will be ccnducted In • ACCOUNT NUMBER 

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

EXHIBIT 

B 

j

l Ll( ! 2 · l L!JL 1 t 

Procedures, 

~~~~:~:,~~~~-;"tu= 20 NMAC 1.1, lhe En· 

( ~-· . . viranmental lmprovem.nt Ad, Sec- ·- .. · !Jon 74-1-9 NMSA 1978, and ot11er 

specific statutory procedures that may apply. 

All Interested persons w~ be given 

a reasonable opportunify at the 

hearing lo submrt relevant evidence, 

dala. v1ews. and arguments, olllily 

or rn writing, to introduat exhibits, 

and to examme witnesses. Pe110111 

des1nng lo present lecllnical test;. 

many mus1 lila with lhe 8oaJd. a wntten notiCe of mtent to do so. Tho 

notJce of 111tent shalf: 

• Identify lhe party for wl1om lhe 

wrtness wiH les1ify: 

• ldenlify each tecllnical WllnesS lhe 

party intends to present and stlte 

lhe qualifications of that wrtness, 

includmg a description of !heir 

education and worlc backgrwld; 

• Summanze or include a ccpy of 

the direct testimony ol each tachmeal wrtness and state the anticipated duration o# lhe te<timony; 

• Include 1he text ol any rocommended mod~ications to the pro- posed regulatory change; 

• List and descnbe, or attach, aff 

exhit~s anlicipated to be oftsrad 

by that person at lhe hearing. 

The deadline lor lhe notice of intent 

: JS June 20, 2003. Notices o# lttent 

must be ffled in lhe offica ol the 

: Board and should Slate tho date 

: and title of lhe hearing, and lila 

: case number. Any person who 

wishes to submit a non-lect\nical 

wr~nen statement in lieu of oraJ tas· 11mony may do so at or befonl lhe 

heanng. 

The Board my reconvene a IT188ting 

at the end of lhe hearing to lake 

act!on on the Perrtion. 

; If you are an individual wrth a dis1 ab1lify and you require assistanat or 

I an auxiliary aid, e.g. sign language • 

inlerpreter, to participate in any as· 

peer of !his process, please contact 

Cliff Hawley by May 30, 2003 at the 

New Mexicc Environment Depart· 

ment. 1190 St. Francis Drive, P.O. 

Box 26110, Sanla Fe, New Mexial 

87502. (505) 827·2850 (TOO' or 

TOY users please access his number v1a lhe New Mexico Relay Net· work. Albuquerque TOO users: 

(505) 275·7333; outside of Albu· 

querque: 1-800-659·1779). 

Joumai: Apri129, 201Jc:.3 __ _ 
06-10-2003 A10:25 

M 0 0 R.A L L s p E R_ L l N G 

June 9, 2003 

Administrative Secretary 

NMED Boards and Commissions 

1190 St. Francis Drive, RoomN-2150 

Santa Fe, New Mexico 87502 

LAWYERS 

Re: Petition to Amend Air Quality Control Regulation 20 NMAC 2. 72.219.B 

Dear Sir or Madam: 

Enclosed please find an original and seven copies of the Amended Statement 

of Intent to Present Technical Testimony in Support to Petition to Amend Air Quality 

Control Regulation 20 NMAC 2.72.219.B. I would appreciate it if you would file the 

original and six copies. Please then file stamp the seventh copy and return it to me in 

the enclosed, self-addressed stamped envelope. Thank you in advance for your 

assistance. 

Please feel free to raise any questions you may have. 

WCS:rkg:W0225482.DOC 

Enclosures 

cc \V/encL: Eric .A:a.mes, Esq. 

Sincerely, 

0v~~ 

William C. Scott 

505.848.1824 

Fax: 505.848.9710 

bscott@modrall.com 

Modrall Sperling 

Roehl Harris & Sisk P.A. 

Bank of America Centre 

500 Fourth Street NW 

Suite 1000 

Albuquerque, 

New Mexico 87102 

PO Box 2168 

Albuquerque, 

New Mexico 87103-2168 

Tel: 505.848.1800 

www.modrall.com 
06-10-2003 A10:25 

STATE OF NEW MEXICO 

BEFORE ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER OF THE PETITION 

TO AMEND AIR QUALITY CONTROL EIB-02-01 

REGULATION 20 N.M.A.C. 2.72.219.8 

AMENDED STATEMENT OF INTENT 

TO PRESENT TECHNICAL TESTIMONY 

IN SUPPORT OF PETITION TO AMEND 

AIR QUALITY CONTROL REGULATION 20 NMAC 2.72.219.8 

YOU ARE HEREBY NOTIFIED THAT Robert A. Cudney intends to provide 

technical testimony in support of the Association of Commerce and Industry's Petition to 

Amend Air Quality Control Regulation 20 N.M.A.C. 2.72.219.8, now codified at 

20.2.72.219.8 NMAC. 

Mr. Cudney is the Vice President of Environmental Services, Inc., 4665 Indian 

School Road, N.E., Suite 106, Albuquerque, New Mexico 87110. Mr. Cudney received 

a bachelor of science in meteorology from the State University of New York at Albany in 

1972. Mr. Cudney has 30 years experience in environmental permitting and regulatory 

work in the southwest. For the past 13 years, he has been employed by Environmental 

Services, Inc. where he specializes in air permitting and regulatory compliance projects. 

The estimated length of the direct testimony of Mr. Cudney in support of the 

Association of Commerce and Industry's Petition is less than 30 minutes. 
Mr. Cudney may rely upon or discuss the text of the proposed regulatory change 

which may be offered as an exhibit at the hearing. The text of the recommended 

modifications to regulation is attached hereto as Appendix A. 

A copy of the anticipated direct testimony of Mr. Cudney is attached hereto as 

Appendix B. 

MODRALL, SPERLING, ROEHL, HARRIS 

r\SI1'h P.A. 

By:JJ~ Gb31= 

\1\filliam c~ 

Attorneys for Association of Commerce and 

Industry 

Post Office Box 2168 

Bank of America Centre, Suite 1000 

500 Fourth Street, N.W. 

Albuquerque, New Mexico 87103-2168 

Telephone: (505) 848-1800 

CERTIFICATE OF SERVICE 

I hereby certify that on June 9, 2003, a copy of this Statement of Intent to Present 

Technical Testimony in Support of the Association of Commerce and Industry's Petition 

to Amend was mailed to the following: 

Eric Ames 

New Mexico Environment Depart, OGC 

P.O. Box26110 

1190 Saint Francis Dr. #N-4050 87501 

Santa Fe, New Mexico 87502-0110 

2 
APPENDIX A TO 

AMENDED STATEMENT OF INTENT 

TO PRESENT TECHNICAL TESTIMONY 

IN SUPPORT OF THE ASSOCIATION OF COMMERCE AND INDUSTRY'S 

PETITION TO AMEND 20 NMAC 2.72.219 

In accordance with 20 NMAC 1.1.111.302.A.5 the Association of Commerce and 

Industry submits the text of the recommended regulatory change in support of the 

Petition to Amend 20 NMAC 2.72.219, now codified as 20.2.72.219.8 NMAC 

PROPOSED NEW SUBPARAGRAPHS FOR 20.2.72.219.8 

f. Permit revisions that incorporate a change in the permit solely involving the 

addition of air pollution control equipment or the substitution of a different type of 

air pollution control equipment to existing equipment provided that such addition 

or substitution shall not result in an increase in the potential emission rate of 

more than one (1) pound per hour for any pollutant for which a National or New 

Mexico Ambient Air Quality Standard has been set or one (1) pound per hour for 

total VOCs. 

g. Permit revisions that incorporate terms and conditions in the permit, such as a 

cap on hours of operation, limitations on throughput of a specific product or 

products, or limitations on equipment capacity, for the purpose of reducing the 

potential emission rate of a unit or source. 

A-1 
APPENDIX B TO 

STATEMENT OF INTENT 

TO PRESENT TECHNICAL TESTIMONY 

IN SUPPORT OF THE ASSOCIATION OF COMMERCE AND INDUSTRY'S 

PETITION TO AMEND 20 NMAC 2.72.219 

In accordance with 20 NMAC 1.1.111.302.A.6 the Association of Commerce and 

Industry submits the text of the anticipated direct testimony of Robert A. Cudney in 

support of the Petition to Amend 20 NMAC 2.72.219 (now codified as 20.2.72.219 

NMAC). 

My name is Robert A. Cudney. I am here today on behalf of the Association of 

Commerce and Industry of New Mexico (ACI). I am chairman of ACI's Environment 

Committee. My purpose is to propose a change to 20.2.72.219.8 (1) NMAC. The intent 

of the change is to simplify and expedite installing or changing air pollution control 

equipment and/or air quality control strategies. It is ACI's position that installing or 

changing air pollution control equipment or strategies as presented by the proposed 

change is an environmentally beneficial action and that by instituting the proposed 

change, the regulatory structure will encourage such actions resulting in air quality 

benefits and potential economic benefit to the facility operator. In other words, we 

believe we propose a true win-win situation. 

The proposed changes encourage installation of control devices and institution of 

air quality control strategies by greatly shortening the review time for such actions from 

the current 120 days, in most cases, to 30 days. The environmental benefit is obvious; a 

quicker reduction in emissions. The benefit to the facility operator is only slightly more 

B-1 
subtle, as in many cases it will result in a reduction in emission based fees for major 

sources or quicker attainment of minor source status for sources subject to an emission 

threshold-based NESHAP. ACI believes these changes are consistent with the original 

intention of technical revisions as presented at 20.2.72.219 NMAC, and with the Board's 

discussion of "environmentally beneficial projects" at the time the technical revision 

language was proposed. 

The pmposed change adds two paragraphs to the existing regulatory language. 

It is ACI's intent that the two paragraphs not be considered exclusive; that is, that the 

permittee may institute either or both of the proposed actions. It is also ACI's intent that 

the resulting change, including emission changes, be federally enforceable. 

ACI proposes to modify the regulation to recognize two types of emissionreducing changes. 

Proposed paragraph "f" authorizes installation of control equipment provided that 

incidental increases in some pollutants do not exceed the 1 pound per hour threshold 

already authorized by 20.2.72.219.8 (1) (b). While it might seem strange to consider 

control equipment that increases emissions, some control equipment such as a flare or 

incinerator does greatly reduce emissions of one or more pollutants while slightly 

increasing emissions of others. That is the intent of this proposal; to allow the 

installation of combustion devices, catalytic converters, baghouses, or other control 

B-2 
equipment which reduces emissions of one or more pollutants and which may slightly 

increase emissions of others. 

Proposed paragraph "g" allows a facility operator to reduce load, operating hours, 

or other operating conditions or parameters in such a manner as to reduce emissions. 

ACI has consulted with NMED Air Quality Bureau, New Mexico Citizens for Clean 

Air and Water, and the Albuquerque Chapter of the American Lung Association and 

incorporated their comments. In fact, the version presented here is as revised by 

NMED. 

Again, our intent is to expedite certain actions which will result in reductions in 

emissions, and which may in many cases benefit the facility operator directly. We 

believe we have an uncontested revision to the regulation. 

B-3 
STATE OF NEW .MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER OF PROPOSED AMENDMENTS 

TO 20.2.72.219B NMAC- PERMIT REVISIONS 

NOTICE OF TRANSCRIPT FILING 

You are hereby notified that the complete transcript of the July 1, 2003 hearing in the 

case was filed on July 16, 2003. The transcript is available for review at the Boards and 

Commission's Office, 1190 St. Francis Drive, Room S-2054, Santa Fe, New Mexico 

87502. A copy can be obtained from Kathy Townsend Court Reporters, 110 Twelfth 

Street, NW Albuquerque, New Mexico 87102, or (505) 243-5018. 

CERTIFICATE OF SERVICE 

I hereby certify that a copy of the Notice of Transcript Filing has been hand 

delivered to the following on July 16, 2003: 

Eric Ames 

Office of General Counsel 

New Mexico Environment Department 

1190 St. Francis Drive 

Santa Fe, NM 87501 

c:iL"'n;, 

/Geraldine Madrid-Chavez, 

Ynacb:cr 

Administrator ~ cY~ U 

1190 St. Francis Dr. S-2054 

Santa Fe, New Mexico 87502 

(505) 827-2425 (P) 

(505) 827-2836 (F) 
EIB HEARING RE 20.2.72.219 NMAC, 7/1/03 

1 

2 

3 

STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

No. EIB 02-01 

1 

4 IN THE MATTER OF 

PROPOSED AMENDMENTS TO 

5 20.2.72.219B NMACPERMIT REVISIONS 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

_,....-·· 

_/ r~·-_::.. 

<~/ 

TRANSCRIPT OF PROCEEDINGS 

BE IT REMEMBERED that on the 1st day of July, 

2003, the above-entitled matter came on for hearing 

before the New Mexico Environmental Improvement Board, 

taken at the State Capitol Building, Room 317, Santa Fe, 

New Mexico, at the hour of 10:26 AM. 

For 

A P P E A R A N C E S 

the Environmental Improvement Board: 

GAY DILLINGHAM, Chair 

GREGORY GREEN, Secretary 

GWEN WARDWELL 

HAROLD TSO 

DOLORES HERRERA 

MARY H. SMITH 

Assistant Attorney General 

Office of the Attorney General 

111 Lomas Boulevard Northwest 

Suite 300 

Albuquerque, New Mexico 87102 

2 

11 For the New Mexico Environment Department Air Quality 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

Bureau: 

ERIC AMES 

Special Assistant Attorney General 

Office of General Counsel 

New Mexico Environment Department 

1190 St. Francis Drive 

Santa Fe, New Mexico 87501 

For the Petitioner Association of Commerce and Industry: 

WILLIAM C. SCOTT 

Attorney at Law 

500 Fourth Street, Northwest 

Albuquerque, New Mexico 87102 

1 

2 

I N D E X 

3 WITNESSES: 

4 ROBERT CUDNEY 

5 

6 

Direct Testimony 

Cross Examination by Board Members 

7 RITA TRUJILLO 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

1 

2 

3 ACI: 

Direct Examination by Mr. Ames 

Cross Examination by Board Members 

E X H I B I T S 

4 1. Full Text of ACI's Proposed Amendment 

5 to 20.2.72.219 NMAC 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

1 of 13 sheets 

KATHY TOV'vNSEND COURT REPORTERS 

505-243-5018 

3 

PAGE 

13 

17 

31 

37 

4 

MARKED/ADMITTE 

11 

Page 1 to 4 ot 
EIB HEARING RE 20.2.72.219 Nfv1AC, 7/1/U"-3 

9 

1 Environment Committee. 

2 

3 

4 

5 

MR. GREEN: Mr. Cudney, will you stand and be 

sworn in at this time? 

(ROBERT CUDNEY was duly sworn or affirmed.) 

MR. GREEN: Mr. Scott, would you like to swear 

6 in any other witnesses that you have at this time? 

7 

8 

9 

10 

MR. SCOTT: We have no other witnesses. 

MR. GREEN: Thank you. 

Please proceed. 

MR. SCOTT: Mr. Hearing Officer, we're here 

11 this morning on the petition that the Association of 

12 Commerce and Industry filed to amend 20.2. 72.219B NMAC 

13 to add to that section two categories of permit 

14 revisions that would qualify for treatment as technical 

15 permit revisions under the regulations. 

11 

1 this morning. It's been marked ACI 1, and I've provided 

2 a copy to the court reporter and also a copy to Eric 

3 Ames as counsel for the Environment Department. I have 

4 15 additional copies up front here. The exhibit is a 

5 copy of the full text of 20.2.72.219. 

6 On page 3, in italics and underlined, are the 

7 two subparagraphs that we're proposing to add to that 

8 regulation. I thought it would be helpful for the Board 

9 to see the entire regulation in context. 

10 MR. GREEN: Is there anyone from the public 

11 that wishes a copy of this testimony? 

12 Proceed. 

13 MR. SCOTT: I would ask that ACI Exhibit 

14 Number 1 be admitted as part of the record. 

15 MR. GREEN: So approved. 

16 To give the Board some background, the 16 

17 Association of Commerce and Industry filed this petition 17 

18 with the Board on April 23, 2002. 18 

Go ahead. 

(Exhibit ACI 1 was marked for identification 

and admitted into evidence.) 

19 Following the filing of our petition, we met 

20 with representatives of the New Mexico Environment 

21 Department, Citizens for Clean Air and Water, American 

22 Lung Association to talk about these proposed 

23 amendments. 

24 As a result of those discussions, there was 

25 some revision to the proposed language, and a consensus 

10 

1 was reached on the language that is before the Board 

2 this morning. 

3 This matter was originally scheduled for a 

4 hearing last December 13th. Timely notices were 

5 published in the Albuquerque Journal and the New Mexico 

6 Register. 

7 Statements of intent to present technical 

8 testimony by both ACI and the New Mexico Environment 

9 Department were on file, and then that hearing was 

10 canceled, I believe a day before it was scheduled to 

11 occur. 

12 Since that time, we've been trying to get this 

13 matter back on the agenda, and at your April meeting, 

14 you set the matter for hearing today. 

15 The notice of the hearing on this matter was 

16 published in the New Mexico Register on April 30th, 

17 2003, and the notice was published in the Albuquerque 

18 Journal on April 29, 2003, both of those notices coming 

19 more than 60 days before today's scheduled hearing. 

20 An affidavit of publication concerning both of 

21 those was filed with the secretary of the Board on May 

22 7th of this year. 

23 On June 11th, ACI filed its statement of 

24 intent to provide technical testimony. 

25 I have one exhibit that I'd like to present 

19 MR. SCOTT: The air quality regulations 

20 essentially provide three levels for processing proposed 

21 amendments to an existing air permit: Administrative 

22 revisions, which are the simplest forms of revisions; 

23 technical revisions, which are sort of a mid level 

24 modification; and significant revisions. 

25 Administrative revisions typically are for 

12 

1 minor changes, such as correction of typographic errors, 

2 changes in ownership, notification of retirement of 

3 sources. 

4 For those types of changes, the permittee 

5 notifies the Department of the change in writing, and 

6 the change is deemed approved upon receipt of the 

7 notice. There's no public comment associated with those 

8 kinds of very minor changes. 

9 Technical permit amendments are the next step 

10 up the ladder, if you will. They involve a limited 

11 category of revisions that are not considered 

12 significant and are treated with sort of an intermediate 

13 level of notice and processing. 

14 The applicant is required in those 

15 circumstances to provide certified mail notice to 

16 municipalities, counties and Indian tribes in the county 

17 in which the facility is located and to those entities 

18 within a 10-mile radius of the facility. 

19 Also, the applicant is required to publish a 

20 notice in the local newspaper concerning the proposed 

21 amendments. 

22 The Department is then to process those 

23 applications within 30 days. 

24 Significant permit revisions are the most 

25 complicated revisions. They are essentially all other 

3 of 13 sheets 

KATHY TOVvNSEND COURT REPORTERS 

505-243-5018 Page 9 to 12 of 52 
EIB HEARING RE 20.2.72.218 NMA~, t/"1/U,j 

17 

1 understand they have some clarification language. we 

2 have no objection to it. Our intent here is exactly 

3 what it seems, to simplify the process of getting an 

4 enforceable limit for reducing our emissions. 

5 

6 

7 

That concludes my testimony. 

MR. GREEN: Any questions from the Board? 

CROSS EXAMINATION 

8 BY BOARD MEMBERS: 

MS. HERRERA: I do. 

Go --

9 

10 

11 MS. DILLINGHAM: I just have a question on 

12 when it says up to one hour -- excuse me -- one pound 

13 per hour, is that on top of the current standards, or is 

14 that a total of one pound per hour? 

15 MR. CUDNEY: The language is lifted directly 

16 from another paragraph in 219B which already allows for 

17 incidental increases of up to a pound an hour in some 

18 cases to be treated as a technical revision. A pound an 

19 hour is a very small amount. 

20 So this would be -- okay. Let's look at an 

21 example here. Suppose we have -- we have a source of 

22 VOCs, it can be a relatively large source, and we want 

23 to get an enforceable limit to reduce that. 

24 An easy, obvious way of getting rid of the 

25 VOCs is to simply combust them. We can -- it is a very 

18 

1 efficient reduction mechanism, but it incidentally 

2 results in a very small increase in NOx and CO as a part 

3 of the combustion process. 

4 So the intent here would be to allow for that 

5 combustion of VOCs to get rid of a relatively large 

6 emission in exchange for a very small incremental 

7 increase in NOx and CO. 

8 

9 

10 

11 

12 

So this is intended to --

MR. GREEN: NOx and C02, you said? 

MR. CUDNEY: CO, carbon monoxide. 

That's one example. 

Another would be combustion of hydrogen 

13 sulfide, and in turn, we get -- if it's a very small 

1 

2 

3 

4 

5 them? 

MS. HERRERA: Okay. 

So they invited them? 

MR. CUDNEY: Yes, ma'am. 

MS. HERRERA: And you had discussions with 

19 

6 MR. CUDNEY: Yes. We sat around the table and 

7 talked about this. Yes. 

8 MS. HERRERA: And built consensus, and in your 

9 testimony, you said that the comments were incorporated? 

10 MR. CUDNEY: This language is, in fact, as 

11 drafted by the Bureau and incorporating Citizens the 

12 Citizens for Clean Air and Water and Lung Association 

13 comments, I believe. Yes. 

14 MS. HERRERA: Okay. 

15 And there isn't anybody here from the Lung 

16 Association or the New Mexico Citizens for Clean Air and 

17 Water? 

Okay. 

MR. GREEN: Is that a question? 

MS. HERRERA: Yes. 

18 

19 

20 

21 MR. GREEN: Is there anyone here from those 

22 two organizations 7 

23 

24 

25 

MS. HERRERA: The answer is no. 

MR. GREEN: No, I guess. 

MR. SCOTT: And if I may, Ms. Herrera, I 

1 believe that the Environment Department invited a 

20 

2 broader array of individuals to come meet with us to 

3 discuss this policy. Those two organizations were the 

4 only two that elected to come to that meeting, and 

5 thereafter they participated in the process. 

6 

7 

MS. HERRERA: Thank you. 

MR. GREEN: Mr. Cudney, I have a few 

8 questions. 

9 Is this what we're -- we were referring to as 

10 sort of the bubble model, that allowed the emissions to 

11 be considered in a bubble model? Is that what we're 

12 talking about? 

13 MR. CUDNEY: Yes and no. Not really. This is 

14 source, we're going to get a little bit of an increase 14 much narrower than that. Under the present -- it isn't 

15 in S02. The intent here is to allow for a trade-off of a 15 addressed in the change. The present technical revisio 

16 little bit of one in return for a large decrease in 

17 another. 

18 

19 question. 

20 

21 

MS. DILLINGHAM: Okay. That answers my 

MR. GREEN: Ms. Herrera? 

MS. HERRERA: I was just -- on your -- during 

22 your testimony, you said that you had contacted the Lung 

23 Association and Citizens for Clean Air and Water. 

24 MR. CUDNEY: Actually, the Air Quality Bureau 

25 invited them. Yes, ma'am. 

16 process allows for now the addition of very small 

17 sources to a facility through the process of a technica 

18 revision without having to go through the very lengthy 

19 review process of a significant revision. 

20 For instance, if a facility wanted to add a 

21 little gas-powered something-or-other, a heater perhaps 

22 to an existing process, it might have emissions of mayt 

23 a quarter pound an hour, tenth of a pound an hour, ver> 

2 4 small source. 

25 The technical revision process allows us now 

KATHY TOV\iNSEND COURT REPORTERS 

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25 

1 consequence of new regulations, is sources suddenly --

2 it now becomes attractive to control out. 

3 And there was no straightforward path for 

4 doing it. 

5 MR. GREEN: Any further questions from the 

6 Board? 

7 MR. TSO: Mr. Hearing Officer, the initial 

8 paperwork that Mr. Scott had submitted to us back a 

9 month or two ago talked of a 90 percent operation. I 

10 believe that's -- something to do with 90 percent. 

11 No, no. I take that back. It was as is. You 

12 would test the equipment as is, without a warm-up 

13 period, without adjustment or that kind of thing. 

14 

15 

16 our --

17 

18 

19 

20 

21 

Am I correct on that? 

MR. SCOTT: I don't recall that was part of 

MR. AMES: Perhaps I can help here, Mr. Tso. 

I think you're referring to the appeal. 

MR. GREEN: Hold on just a second, please. 

Please state your name for the record. 

MR. AMES: Sorry, Mr. Green. 

22 My name is Eric Ames, counsel for the 

2 3 Department. 

24 I believe you're referring to El Paso Natural 

25 Gas Company's appeal of their Title V permit. That's 

26 

1 one of the issues in their appeal, and that's been 

2 stayed for the time being. 

3 

4 

5 

that. 

6 Board? 

7 

8 

9 

MR. TSO: Okay. I apologize. I'm sorry for 

MR. GREEN: Any further questions from the 

Are there any questions from the audience? 

Or the Department? 

Mr. Scott, would you like to make a closing 

10 statement? 

11 MR. SCOTT: Yes. Thank you, Mr. Green. 

27 

1 add a piece of equipment that increases overall 

2 emissions without decreasing those emissions, we should 

3 be able to add equipment that may marginally increase up 

4 to one pound per hour emissions while perhaps 

5 significantly decreasing other emissions from that same 

6 facility. 

7 And that's the intent of our proposed 

8 amendment. As we've indicated, the New Mexico 

9 Environment Department Air Bureau concurs with the 

10 language that appears in the proposed change, and we've 

11 presented it to the Board on that basis. 

12 

13 

14 

15 

16 sorry. 

17 

18 

MR. GREEN: Thank you, Mr. Cudney. 

Mr. Scott, if you'd remain just for a second. 

MR. SCOTT: Sure. 

MR. GREEN: Mr. Scott, I understood -- I'm 

Did you have -- okay. 

Mr. Scott, I understand from the beginning of 

19 your testimony that the Air Bureau had some minor 

20 changes they were going to present to us? 

21 MR. SCOTT: I understand from Mr. Ames this 

22 morning that there's some clarification they want to 

23 provide through their technical testimony, as well. 

24 

25 remain? 

1 

2 

3 

MR. GREEN: Can we do that statement, have you 

28 

MR. SCOTT: That would be fine. 

MR. GREEN: Mr. Ames. 

MR. AMES: Mr. Green, we actually have a case 

4 to present. I have two witnesses with me here today, 

5 and so we are here today to present testimony. 

6 MR. GREEN: Oh, okay. Thank you. Did not 

7 realize that. 

8 Sorry, Mr. Scott. 

9 MR. TSO: Mr. Hearing Officer, will we hear 

10 that language? 

11 MR. GREEN: I believe Mr. Ames is going to 

12 As Mr. Cudney pointed out, the language in the 12 present that now. 

13 proposed revision in part tracks the language of what is 13 (RITA TRUJILLO and RICHARD GOODYEAR were duly 

14 currently in the regulation at 219B.(1)(b), which 14 sworn or affirmed.) 

15 appears at the bottom of page 1 of ACI 1, where it talks 15 MR. AMES: Good morning. 

16 about the ability to add additional equipment with a 16 My name is Eric Ames, counsel for the New 

17 potential rate of no more than one pound per hour for 17 Mexico Environment Department, here today on behalf of 

18 any pollutant. 18 the Environmental Protection Division and the Air 

19 As Mr. Cudney indicated, there is an 19 Quality Bureau. 

20 interpretation that this provision would already 20 Today the Department -- or the Division, I 

21 authorize the kinds of changes we're talking about. 21 should say, is here today to support ACI's petition. 

22 The Department has not taken that 22 That petition has been revised since it was originally 

23 interpretation. 23 filed last year. 

24 We thought it was appropriate to add language 24 The language before you today, which was 

25 to the regulation that makes it clear that while you can 25 accurately reflected in ACI's Exhibit 1, I think, as 

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1 working? 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

A. The process? Or --

Q. No. The proposal, the proposed language. 

Okay. 

A. That it allows for the addition --

Q. Urn-hum. 

A. -- of -- or substitution of pollution control 

equipment through the process and that -- in Section 

219B and allows for increases in emissions of up to one 

ton per year of criteria pollutants or one ton per year 

of total VOCs. 

Q. Can you explain how the process will -- or 

13 excuse me -- how this proposal will benefit the 

14 environment? 

15 

16 

17 

18 

19 

20 

21 

A. The proposal will benefit the environment by 

having pollution controls put on sooner than would 

otherwise be the case if a significant permit revision 

was required, because that would take 120 days minimum, 

and this would only take 30 days. 

So the potential is that this pollution 

control equipment could be put on sooner. And that, I 

35 

1 permit revision. 

2 

3 

4 

MR. GREEN: Go ahead, Mr. Goodyear. 

MR. GOODYEAR: Okay. 

Yes. I have several other examples, and I 

5 want to emphasize that they are examples of 

6 circumstances under which the Department may decide to 

7 deny a technical permit application pursuant to Section 

8 219B. (4) that was mentioned earlier. 

9 The first example is where a facility is a 

10 major source, that's subject to the prevention of 

11 

12 

significant deterioration permitting program. That's a 

fairly complex program, and there may be issues, such a: 

13 the best available control technology requirement for 

14 both emissions and the type of control equipment, that 

15 may present a problem in this process. 

16 Another example is where we believe that air 

17 dispersion modeling may be necessary. Examples include 

18 where a facility is located in a sensitive area, for 

19 example, if a facility emits particulates and it's in 

20 Dona Ana County, that has a particulate problem. 

21 Or the facility may be in a sensitive area 

22 think, was why the environmental representatives who did 22 that we define as more than 80 percent of the ambient 

23 participate thought this was a good proposal. 23 air quality standard has been consumed or the PSD 

24 For us, it will mean less staff time to review 24 increment has been consumed. 

25 these types of revisions, small revisions, and for 25 Another example where modeling may be required 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

34 

industry, it will result in quicker permits. 

Q. What happens if a proposal for this technical 

permit revision is significant or complex, technically? 

A. What we would -- we would have the opportunity 

to review that, determine whether or not it's 

significant or complex and then decide to do a 

significant permit revision. 

At that point, we would notify the applicant 

and say, "No, we've decided this should be a significant 

permit revision, and we're going to treat it that way." 

Examples of when that might happen may be if 

the control device is innovative or experimental. 

Mr. Green brought up the point about the 

nonattainment area, or approaching nonattainment area. 

If it is in a nonattainment area and lowest achievable 

16 emission rate technology would be required, we would 

17 probably not want to do this kind of a technical permit 

18 revision in that case. 

19 If there's significant public interest or --

20 and it raises -- the public interest raises significant 

21 or complex issues, we may determine that a significant 

22 permit revision should be required. 

23 

24 

25 

And I believe Mr. Goodyear has a better kind 

of understanding of maybe some additional types of 

reasons we wouldn't want to do it under a technical 

1 

2 

36 

is for facilities trying to replace control equipment 

that has different -- a given piece of control equipmen 

3 with a different type of control equipment, even though 

4 they have similar control efficiencies, but their stack 

5 parameters may be different, and so stack parameters, 

6 like temperature and velocity, make a difference in the 

7 dispersion of the pollutants. 

8 Another example is where changes are occurrins 

9 concurrently with the reduction in emissions, and thosE 

10 changes may complicate the review or raise issues about 

11 the appropriate permitting process for those changes. 

12 Another example is if the proposal increases 

13 the emissions of either a state air toxic pollutant or 

14 federal hazardous air pollutant to a level that exceed: 

15 the threshold of an applicability of an applicable 

16 requirement, or the circumstances or calculations 

17 surrounding those pollutants require more analysis. 

18 And lastly, if the proposal is mandated as 

19 part of an enforcement action, yet there may be 

20 significant or complex issues not addressed by the 

21 enforcement action. 

22 And I'll end just by saying these are 

23 

24 

25 

examples. There may be more that may cause us to deci 

to deny the application. 

MR. AMES: Thank you. 

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41 

rules would constrain you, because these are already 

your examples. 

We're just constraining your predecessors. 

MR. AMES: Well, you -- or our --

MR. GREEN: I'm sorry. Our --

MR. AMES: Our successors. 

MR. GREEN: Our successors. 

MR. AMES: But I understand your point. 

I think I need to go back to the beginning, to 

the beginning of Richard's testimony, where he said 

these are not intended to be forever forward cases in 

12 which we are not going -- cases in which we will deny 

13 the technical permit revision. I think he very clearly 

14 said these are cases in which we might. 

15 So he very clearly, I think -- or it was his 

16 intent, as I understand it, to clearly lay out that 

17 we're not trying to draw hard and fast rules at this 

43 

MS. DILLINGHAM: But that still would be 

increasing by one pound per hour. 

MS. TRUJILLO: They could increase by one 

pound --

1 

2 

3 

4 

5 MS. DILLINGHAM: Because I understood from 

6 other testimony of Mr. Cudney that in order to get rid 

7 of things like VOCs, that you would have an increase in 

8 other pollutants, but it sounds to me like there's also 

9 an increase in substances such as VOCs up to 4.3 tons 

10 per year. 

11 

12 

13 

MS. TRUJILLO: It could be. Yeah. 

Richard? 

MR. GOODYEAR: Perhaps I can clarify. 

14 You may have a storage tank that emits 

15 volatile organic compounds and, for some reason, you 

16 want to control that and reduce the amount that's 

17 emitted, so you would put on a flare or some combustion 

18 point in time. We don't know what we're going to get in 18 device to do that. 

19 

20 

21 

the door, and we need to maintain our discretion. 

So he was giving you examples of when we might 

exercise our discretion to require significant permit 

22 revision, not cases when we will. 

23 If we had come forward today and said we will 

24 deny technical permit revisions in these cases, I agree 

25 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

with your point, why not adopt them in the regulation. 

42 

But that actually is not the Department's position here 

today. 

MR. GREEN: Are there other questions from the 

Board? 

MS. DILLINGHAM: I have a question to clarify. 

On Exhibit B, 2A, Mr. Cudney had talked about 

in order to decrease the VOCs you might have an increase 

in NOx or CO and so forth. 

And I'm reading this, so if you could clarify 

for me, basically the first sentence. It looks to me 

that it's the VOCs that could increase by a pound per 

hour, which would be 4.38 tons per year. 

Am I reading that correctly? 

MS. TRUJILLO: VOCs or any pollutant for which 

there is a New Mexico or National Ambient Air Quality 

Standard. 

So not just VOCs, we're looking at carbon 

18 monoxide, sulfur dioxide, nitrogen oxides, nitrogen 

19 

20 

dioxide, actually is the standard, lead, although lead 

is not -- would not -- we would not want to see one 

21 pound per hour increase in lead -- or H2S is another 

22 

23 

24 

25 

pollutant for which there is a New Mexico standard. 

So these are-- it's not just the VOCs, it's 

also of any pollutant for which there is a federal or 

New Mexico Ambient Air Quality Standard. 

19 So you reduce the VOCs, but in order to do 

20 that, your combustion device is going to create some 

21 other pollutants, CO, N02. And what we're limiting here 

22 is the amount of the increase of those other pollutants. 

23 So you wouldn't necessarily increase VOCs in that 

24 example. 

25 MS. DILLINGHAM: Are there examples where you 

44 

1 would be increasing VOCs? 

2 

3 

MR. GOODYEAR: Not many. Perhaps if you put a 

catalytic converter on an engine, like your car, that 

4 means you have to readjust the operating characteristics 

5 of the engine so that the catalytic converter operates 

6 correctly. 

7 And so although you may be decreasing N02 and 

8 CO with that converter, depending on how you have to 

9 reset the engine, the VOCs could increase marginally. 

10 

11 

12 

13 

14 

15 

I'm not sure technically that that's a good example, but 

I can't think of any other ones. 

MS. DILLINGHAM: So nothing in your permitting 

arena you can think of that would increase VOCs. 

MS. TRUJILLO: The catalyst, catalytic --

MR. GOODYEAR: Well, that's the one I 

16 mentioned. 

17 

18 

19 

20 

21 

MS. TRUJILLO: Yeah. That's the only one. 

And that is -- they use catalysts on other 

types of facilities, as well. It's not just on cars 

that you would use a catalyst as a control device. So 

it could be on an oil and gas facility, an engine on an 

22 oil and gas facility, a compressor engine or something 

23 on an oil and gas facility, that would result in a 

24 decrease in NOx and CO and a slight increase in VOCs. 

25 So it's the same principle. 

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49 

response to an appeal of -- a perrni t appeal to this 

Board. 

MR. GREEN: Oh, good. So there is a 

threshold, then. 

Ll:l9N-1 MR. AMES: There is, There is a written 

document to which division directors can refer to assist 

them in making their decision. 

MR. GREEN: Excellent. Thank you. 

MR. AMES: I can find a copy for you and .send 

u.,19AH 10 it to all members of the Board. 

11 MR. GREEN: I would like that. Thank you. 

12 Any questions -- further questions from the 

13 Board'? 

14 Any questions from the audience'? 

ll:19AM 15 Mr. Cudney. 

16 MR. CUDNEY: Actually, if I could expand a 

17 little bit en Ms. Trujillo's and Mr. Goodyear's 

18 testimony about the VOC issue. 

19 The NOx' the pollutant for which there 1 s a 

20 .standard for VOCs, language i.s lifted. exactly from 

21 another place in the regulations because there is 

22 standard, there's no ambient air quality standard for 

23 VOC..s. 

24 This was -- so this was intended within the 

11:20N-I 25 technical revision language to encompass more pollutants 

lL:ZOAM 

KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

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

50 

than just these for which there's a standard. So it's a 

broadening language rathei: than a narrowing language. 

The example that I had in mind, however, in 

this case exactly the one Richard identified, which 

is putting a catalyst on a combustion source, such 

engine, where typically you get perhaps a tenfold 

decrease in NO"' and perhap.s a fivefold decrease in co, so 

that a large engine, for example, might go from 100 tons 

a yea~: of NOx to 10 tons, but there may be a .slight 

ll:ZOAM 10 increase in VOC.s because, as Richard points out, you 

11 have to readjust the engine slightly 'to have enough --

12 enough fuel, in effect, for the catalyst to function. 

13 So again, it's a trade-off of a large emission 

14 for a slight increase in another one. So that's exactly 

l1:20AM 15 the example. That's the only circumstance I could think 

16 of where there would be an increase in VOCs from this. 

17 But it is that happens. 

18 MS. DILLINGHAM: Thank you for clarifying. 

19 MR. GREEN: Any further questions or comment.s 

l1:21AM 20 from the audience'? 

21 Would you all like to make a closing 

22 .statement? 

23 

24 

l1:21N1 25 

MR. AMES: Yes, very briefly. Thank you, 

The Department fully supports the ACI pet.i ticn 

revised and presented today, 

KA'I'HY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

(505) 243-5018 - Fax (505) 243-360£ 

51 

This technical permit revision will provide 

significant benefit to the environment by allowing 

facilities to reduce major quantities of pollutants, 

most notably VOCs 1 in exchange for small increases in 

other pollutants, increases which thi.s Board has 

previously authorized under technical permit revisions, 

as Mr. Cudney pointed out. 

The Department retains the authority to 

require a more lengthy review proce.s.s in the event that 

10 the technical permit revision presents significant 

11 complex issues or meets any of the other kinds of 

12 examples that Mr. Goodyear pointed out in his testimony. 

13 The Department will vigorously and vigilantly 

14 enforce this technical permit revision for the benefit 

ll:21AM 15 of public health and the environment. 

16 Thank you. 

MR. GREEN: Okay. 

18 Does anyone else have any testimony to present 

19 on this case'? 

20 Seeing none, we•11 entertain a motion. 

21 I.s there any discussion by the Board first'? 

22 Sorry. 

23 At this time, we're going to close the record. 

24 

25 

(Proceedings adjourned at 11:22 AM.) 

KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 

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

52 

STATE OF NEW MEXICO 

COUN'I'Y OF BERNALILLO 

I, CHERYL ARREGUIN, the officer before whom the 

foregoing proceeding was taken, de hereby certify that 

the witnesses whose testimony appears in the foregoing 

transcript were duly sworn or affirmed; that I 

10 personally recorded the te.stimony by machine .shorthand; 

11 that said transcript is a true record of the testimony 

12 given by .s:aid witne.sses; that I am neither attorney nor 

13 counsel for, nor related to or employed by any of the 

14 parties to the action in which this proceeding is taken, 

15 and that I am not a relative or employee of any attorney 

16 or coun.sel employed by the parties hereto or financially 

17 interested in the action. 

18 

19 

20 

21 

Ot''UGJNAL SiGNED NOTARY Ppt\L_J~r!~:'(L f\RREGU CCR L~c~f!1GC1Je . 2 

Expires: 12/31/03 

22 My Commission Expires: 12/10/03 

23 

24 

25 

KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 8 710 2 

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

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20.2.72.219-4:5, Act- 5:20, 5:21, allows -16:14, attending - 6:19, Building- 1:16 

11:5, 15:6 40:5 17:16, 20:16, 20:25, 8:1 built- 19:8 

20.2.72.219b- 1:5, acting - 8:19 22:16, 30:1,33:5, Attorney- 2:7, 2:8, burdening - 6:5 

5:3, 9:12 action- 14:10, 33:9 2:13, 2:17 Bureau- 2:11, 

20.2.72.219b.(1 - 36:19,36:21,40:4, almost- 13:3 attorney - 8:20, 16:20, 18:24, 19:11' 

14:3 47:13, 52:14, 52:17 Ambient- 42:15, 52:12, 52:15 22:15, 22:16, 27:9, 

2002- 9:18 actions- 14:12, 42:25 attractive - 25:2 27:19,28:19,29:13, 

2003-1:14, 5:5, 14:19, 15:14,40:4 ambient- 35:22, audience- 26:7, 30:10, 31:11' 31:13, 

10:17, 10:18 ad- 29:6 46:6,49:22 46:23, 49:14, 50:20 47:15, 48:4, 48:21 

21-52:20 add- 5:12, 9:13, amend- 9:12 authority - 29:22, Bureau's- 21 :2 

219b- 17:16, 33:9 11:7, 13:13,20:20, Amendment- 4:4 51:8 bureaucracy -

219b.(1 )(b - 26:14 21:1,21:14,26:16, amendment- 13:1, authorize - 5: 13, 45:16 

219b.(4- 23:1' 35:8, 26:24,27:1,27:3 13:2,27:8 26:21 burn- 22:9 

37:11,40:13 addition- 13:7, Amendments- 1:4 authorized- 15:23, businesses- 24:16 

23- 9:18 13:8,20:16,32:14, amendments - 5:2, 51:6 

29-10:18 33:5 5:12, 7:3, 7:10, 9:23, authorizes - 15:20 c 

2a -42:6 additional- 6:19, 11:21, 12:9, 12:21 available- 35:13 

11:4, 26:16, 34:24, American- 9:21, avoid- 8:4 calculations- 36:16 

3 46:10, 47:16 16:21 canceled- 10:10 

addressed- 20:15, Ames- 2:12, 3:8, 8 Capitol- 1:16, 5:6 

3 - 11 :6, 23:2 23:22, 36:20 11:3,25:17,25:21, car- 44:3 

30 - 12:23, 14:21' addresses- 23:11 25:22, 27:21, 28:2, background - 9:16, carbon- 18:10, 

33:19 adds -15:9 28:3,28:11,28:15, 32:9 42:17 

300-2:9 adjourned- 51:24 28:16, 31:7,36:25, bag -16:7 carries - 46:10 

30th- 10:16 adjustment- 25:13 38:22, 38:24, 39:3, based -15:1, 15:3, cars- 44:19 

31 -3:8 Administrative- 40:14,41:4,41:6, 47:17, 48:6 case- 24:6, 28:3, 

317-1:16, 5:6 11 :21 ' 11 :25 41:8, 47:3, 48:19, basis- 27:11 33:17,34:18,50:4, 

37-3:9 administrative - 48:20, 48:21' 48:24, battle- 22:3 51:19 

13:2, 29:19, 39:1' 49:5, 49:9, 50:23 become- 39:10, cases -14:21, 

4 39:5 amount-17:19, 39:15 14:25, 17:18,24:2, 

administrator- 6:17 21:4, 21:15,43:16, becomes - 25:2, 41:11,41:12,41:14, 

4.3-43:9 admit- 6:13 43:22, 45:25 38:6 41:22,41:24 

4.38-42:12 admitted- 11:14, Ana- 35:20 beginning- 27:18, catalyst- 44:14, 

11:18 analysis- 36:17 41:9,41:10 44:20, 50:5, 50:12 

5 adopt- 5:21, 40:17, answer- 19:23, behalf- 13:24, catalysts- 44:18 

41:25 22:13, 39:4, 45:23, 28:17 catalytic- 16:7, 

500-2:18 adopted- 48:25 46:13, 47:8 belief- 21:2 44:3, 44:5, 44:14 

adopting- 29:15 answers- 18:18 believes - 15:4 categories- 9:13 

6 advantages- 22:10 apologize - 26:3 beneficial- 14:10, category -12:11 

affect- 22:2, 22:12 appeal- 25:18, 15:7, 21:25 cavalierly- 24:11 

60-10:19 affecting - 7:15 25:25, 26:1' 40:2, benefit- 14:22, Ccr- 52:20 

affidavit- 10:20 49:1 14:24, 33:13, 33:15, certain - 5: 13 

7 affirmed - 9:4, appealable - 40:4 51:2,51:14 certainly- 21 :2, 

13:19,28:14,31:4, appended - 29:1 benefits- 14:13 22:5,22:13,24:10 

74-1-8a.4- 5:19 52:9 applicability- 36:15 Bernalillo- 52:3 ce~:~ed- 12:15 

74-2-7- 5:20 aQencies- 39:5 aoolicable- 36:15 best- 35:13 certi - 52:7 

KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 

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

87102 

1 
37:3 fast- 37:21,39:10, great- 37:18 17:12, 17:13, 17:14, 15:21, 16:6,29:16 

examination- 7:14, 40:12, 41:17 greatly- 16:2 17:17, 17:19,20:23, installing- 14:4, 

7:18, 7:24, 8:2, 8:4 Fe- 1:16, 2:15 Green- 2:4, 5:1, 5:7, 26:17, 27:4, 42:12, 14:7 

examined- 13:20, federal - 23:20, 8:19, 8:22, 9:2, 9:5, 42:21,43:2,46:2, instance - 20:20 

31:5 36:14, 42:24 9:8, 11:10, 11:15, 46:5 institute - 15:13 

example- 16:6, federally- 15:16 16:12, 17:6, 18:9, hours -13:9, 16:15 instituting - 14:11 

17:21, 18:11, 22:8, fees- 15:1 18:20, 19:19, 19:21' houses - 16:7 institution- 14:18 

35:9,35:16,35:19, felt- 32:16 19:24,20:7,22:1, hum- 33:6 Intel - 22:2, 22:5 

35:25, 36:8, 36:12, few- 20:7, 46:4 23:11' 23:18, 23:25, human- 45:11, Intel's- 48:10 

37:24, 43:24, 44:10, field- 31:12 24:9, 24:13, 25:5, 45:20 intend- 30:14, 

45:2,47:17, 48:10, file- 10:9 25:19, 25:21, 26:5, hydrogen- 18:12 39:12, 39:16 

50:3, 50:8, 50:15 filed- 7:4, 9:12, 26:11,27:12,27:15, intended- 18:8, 

Examples- 34:11, 9:17, 10:21, 10:23, 27:24, 28:2, 28:3, I 41:11' 49:24 

35:17 28:23 28:6,28:11,30:17, intent- 7:5, 10:7, 

examples- 35:4, filing- 9:19 34:13, 35:2, 37:2, idea- 13:11 10:24, 14:3, 15:5, 

35:5, 36:23, 37:6, financially- 52:16 37:5,37:14,38:1, identification - 15:10, 15:15, 16:5, 

37:12,37:15,37:20, fine- 23:14, 23:19, 38:17, 39:2, 39:8, 11:17 17:2, 18:4, 18:15, 

38:4,38:15, 38:17, 28:1 40:14,41:5,41:7, identified - 50:4 24:1' 24:2, 27:7, 29:2, 

39:9,40:12,40:15, Fine- 46:24 42:3,45:12, 46:17, impact- 46:7 30:22, 32:17, 32:18, 

40:21,40:22,40:24, finger- 22:24 46:19, 46:22, 46:25, impacted- 24:16 41:16 

41:2, 41:20, 43:25, first- 6:25, 13:19, 47:5, 48:17, 48:19, impartial - 6:1 interest - 24:24, 

51:12 31:4, 35:9, 42:10, 48:20, 48:23, 49:3, implement - 39: 14, 34:19, 34:20, 47:1' 

exceed - 15:22 51:21 49:8, 49:11' 50:19, 40:7 47:6, 47:13, 47:20, 

exceeds - 36: 14 fit- 31:25 51:17 Implementation - 47:24, 48:2, 48:7, 

Excellent- 49:8 five- 31:13 Gregory- 2:4, 5:7 31:18 48:12, 48:22 

except- 22:16 fivefold - 50:7 groups - 29:3, impose- 29:23 interested- 29:6, 

exchange - 18:6, flare - 16:2, 43:17 32:20 imposing - 40:11 52:17 

51:4 focusing- 37:13 guarantees- 39:18 improve -13:12 intermediate -

exclusive - 15:11 folks- 45:15 guess - 19:24, Improvement - 1:1, 12:12 

excuse- 17:12, Follow-7:24 48:17 1:15, 2:3, 5:8, 5:18, interpret- 38:11 

33:13, 47:22 Follow-up- 7:24 guide- 39:6 5:20 interpretation -

exercise - 22:20, followed - 6:25 Gwen-2:5 incidental - 15:22, 26:20, 26:23 

39:7,39:12,40:12, Following- 9:19 17:17 interrupt- 7:21 

41:21 follows- 6:11, H incidentally- 18:1, intimidation - 8:5 

exercises - 40:6 13:20, 31:5 21:14 introduced- 30:18 

exhibit- 6:16, Force- 31:20 H2s- 42:21 incinerator- 16:2 invitation - 29:4, 

10:25, 11:4 foregoing - 52:7, hand - 39:5, 39:6 include- 35:17 29:8 

Exhibit- 11 :13, 52:8 harassment - 8:5 includes - 5:22 invited - 18:25, 

11:17,28:25,29:1, forever- 41:11 hard- 37:21, 39:10, including - 7:7, 19:2, 20:1' 32:20 

30:22,42:6 forms - 11 :22 40: 11' 41 :17 15:16 involve- 12:10, 

existed - 39:22 forth- 42:8 harm- 21:24 incorporate- 5:14 13:7 

existing - 11 :21, forward- 38:15, harmful - 45:3, incorporated - involved - 29:20, 

15:10,20:22, 21:1, 41:11,41:23 45:11 16:22, 19:9 32:2 

21:8,21:16,22:14 Fourth- 2:18 Harold- 2:5 incorporating - involving- 32:13 

expand- 49:16 Francis- 2:14 hate- 47:2 19:11 issue- 23:9, 24:8, 

expect- 24:10, front- 11 :4, 38:4 hazardous- 36:14 increase- 16:9, 47:12, 49:18 

24:12 fuel- 50:12 head- 29:12, 30:9 18:2,18:7, 18:14, issued- 40:25 

expedite- 14:4 full - 8:3, 11:5, 13:3, health- 45:11, 21:15,23:14,27:3, issues - 26:1, 29:8, 

expediting - 21 :24 21:21,31:8 45:20, 51:15 42:7,42:11,42:21, 30:2,34:21,35:12, 

expenditure - 8:5 Full- 4:4 hear- 28:9 43:3, 43:7, 43:9, 36:10, 36:20, 48:3, 

experience- 47:17 full-time- 21:21 heard- 6:3 43:22, 43:23, 44:9, 48:14, 51:11 

experimental - fully - 6:2, 30:6, Hearing- 5:8, 6:8, 44:13,44:24,46:1, italics - 11 :6 

34:12 30:15, 50:24 6:13, 7:19, 8:4, 9:10, 46:11, 50:10, 50:14, itself - 29: 5, 30: 15 

Expires- 52:20, function- 50:12 13:22, 25:7, 28:9, 50:16 

52:22 fundamental - 47:10 increases - 15:22, J 

explain- 13:16, 38:24 hearing -1:14,5:1, 16:1,17:17,27:1, 

33:12, 39:12 future- 38:6, 39:19 5:24, 6:4, 6:8, 6:10, 33:9, 36:12, 51:4, job- 32:11, 37:18 

explicit - 21:12 6:11' 6:20, 8:1' 8:3, 51:5 Journal- 10:5, 10:18 

expressions - 47:23 G 8:11' 8:14, 10:4, 10:9, increasing- 16:4, Juan- 31:19 

extended - 29:8 10:14, 10:15, 10:19, 43:2, 44:1' 45:5 judgment- 22:20, 

extending - 21 :8 gas - 20:21, 24:18, 38:13,45:15,48:6, increment - 35:24 23:7, 24:7, 39:7 

extent- 30:19 44:21' 44:22, 44:23 48:9 incremental - 18:6 July- 1:13, 5:5 

Gas- 25:25 heater- 20:21 Indian -12:16 juncture - 40:8 

F gas-powered - held - 47:25, 48:6, indicated- 26:19, June-10:23 

20:21 48:9 27:8 

facilities- 36:1, Gay- 2:4 help- 25:17 individuals - 20:2, K 

39:16,44:19,51:3 general - 39: 13 helpful-11:8, 37:15 29:7 

facility - 5:16, General- 2:7, 2:8, hereby - 52:7 industries- 24:16 kind- 25:13, 31:21, 

12:17, 12:18, 13:10, 2:13 hereto- 52:16 industry - 32:24, 34:17, 34:23 

14:13, 14:24, 16:14, given- 36:2, 52:12 Herrera- 2:6, 17:9, 34:1 kinds- 12:8, 26:21, 

20:17,20:20, 21:1, Goodyear- 28:13, 18:20, 18:21, 19:1, Industry- 2:16, 51:11 

27:6, 29:18, 35:9, 30:9, 30:19, 30:22, 19:4, 19:8, 19:14, 5:11,8:16, 9:12,9:17, 

35:18,35:19, 35:21, 34:23, 35:2, 35:3, 19:20, 19:23, 19:25, 13:24, 32:15 L 

44:21, 44:22, 44:23 37:10,38:2,38:21, 20:6, 45:13, 45:14, Industry's- 8:25 

fact-16:23, 19:10, 38:23, 39:11' 43:13, 45:24,46:12,46:16 information - 47:16 ladder- 12:10 

24:23, 32:5, 48:6 44:2,44:15,45:23, hoc- 29:6 initial - 25:7 language- 9:25, 

facts- 6:1 46:14, 47:10, 48:17, Hold- 25:19 innovative- 34:12 10:1, 15:8, 15:10, 

fair- 5:25 51:12 holds- 39:19 install - 29:23, 15:13, 17:1, 17:15, 

fairly- 35:12 Goodyear's- 49:17 honestly - 22:5 39:16 19:10,21:10,21:16, 

far- 40:20 aoverninq - 5:3 hour -1:17 15:23 installation- 14:17 22:14 22:24 23:23 

KATHY TOWNSEND COURT REPORTERS 

110 Twelfth Street, Northwest, Albuquerque, New Mexico 

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

87102 

3 
New Mexico Commission of Public Records 

Administrative Law Division 

1205 Camino Carlos Rey 

Santa Fe, NM 87507 

505-476-7907 

Affidavit of Publication in the New Mexico Register 

I certify that the agency noted below has published legal notices or rules in the New Mexico 

Register, and that payment has been assessed by invoice for said legal notice or publication, 

which appeared on the date and in the volume and issue number noted below. 

Date of Publication: 8/15/2003 

Volume: XIV Issue # : 15 

Invoice#: NMR-2004- 39 

Amount: $57.00 

Description: 

Amendment 20.2.72 NMAC 

Publisher

Administra 

Attest: l~ 1 

ve 

ew 

Law 

Mexico 

Division 

1/ 

Regzster 

~ 

New Mexico Commission of Public Records 

Agency: 

NM Environment Dept - Air Quality Bureau 

Contact: Rita Trujillo 

1190 St Francis 

Santa Fe, NM 87505-

Construction Permits 

Date: 8/15/2003 

Notice to Publishing Agency 

Enclosed are your agency's proof copies of the legal notices or rules which were published in the New 

Mexico Register. These document the fact that your Notice ofRulemaking, Proposed Rule, or 

Adopted Rule has been published in the New Mexico Register. 

Form SRC-2002-04 
524 New Mexico Register I Volume XIV, Number 15 I August 15, 2003 

involve stakeholders in aligning resources 

and priorities to maximize ownership and 

accountability. 

(8) Uses appropriate and effective 

needs assessment research-based data. and 

group process skills to build consensus. 

communicate and resolve conflicts in order 

to align resources with the district vision. 

(9) Develops staff communication plans for integrating district's schools 

and divisions. 

(I 0) Develops a plan to promote 

and support community collaboration 

among district personnel. 

(II) Uses problem-solving skills 

and knowledge of strategic. long-range. and 

operational planning (including applications of technology) in the effective. legal. 

and equitable use of fiscal. human. and 

material resource allocation that focuses on 

teaching and leamir.g. 

( 12) Seeks new resources to facilitate learning. 

(13) Applies an understanding of 

school district finance structures and models to ensure that adequate financial 

resources are allocated equitably for the district. 

(14) Applies and assess current 

technologies for management business procedures. and scheduling. 

L Personal and professional leadership - The personal and professional leader promotes the success of all 

students including students with disabilities 

and students who are culturally and linguistically diverse by maintaining a process of 

continuous personal and professional development. The administrator: 

(I) Keeps current with school district guidelines. policies. and professional 

literature that enhance the educational 

opportunities for all learners. 

(2) Nurtures and mentors the 

development of other educators. 

(3) Participates in local state. and 

other professional learning opportunities. 

(4) Promotes leadership through 

active involvement in professional organizations. 

(5) Models life-long learning. 

[6/15/98; 6.62.2.10 NMAC- Rn, 6 NMAC 

4.2.3.18.10 & A, 08-15-03] 

NEW MEXICO 

ENERGY, MINERALS AND 

NATURAL RESOURCES 

DEPARTMENT 

OIL CONSERVATION DIVISION 

This is an amendment to 19.15.1 NMAC, 

Section 35 is new material which is effective 8-15-03. 

19.15.1.35 COMPULSORY 

POOLING CHARGE FOR RISK 

A. General Rule 

Compulsory pooling orders entered by the 

Division pursuant to NMSA 1978 Section 

70-2-17. as amended. may provide for the 

recovery out of the share of production 

allocable to the working interest of any 

party that elects not to pay its proportionate 

share of well costs in advance. in addition to 

reasonable well costs and costs of supervision and management. of a charge for risk 

associated with the drilling. completion. or 

working over and recompletion of each unit 

well for which provision is made in the 

order. Unless otherwise ordered pursuant to 

Subsection B of 19.15.1.35 NMAC. the 

charge for risk shall be 200% of well costs. 

(I) "Well costs" shall mean all 

reasonable costs of drilling. reworking. 

diverting deepening. plugging back and 

testing the well· completing the well in any 

formation pooled by the order: and equipping the well for production. If. however. 

any well was previously completed in 

another formation or bottom-hole location. 

or was previously abandoned without completion. well costs as to such well shall 

mean only the reasonable costs of re-entering. reworking diverting. deepening. plugging back or testing the well: completion in 

the pooled formation or formations and: if 

necessary reequipping the well for production. unless the Division determines that 

allowance of all or some portion of historical costs of drilling is just and reasonable 

due to particular circumstances. If a well is 

completed in two or more formations having diverse ownership or a different risk 

charge percentage. the order shall provide 

for allocation of well costs between the formations. As to any interest owner who 

elects not to pay its share of well costs associated with a specific well in advance. as 

provided in the applicable order. "well 

costs" shall include costs of any subseouent 

operation undertaken to secure or enhance 

production from any formation pooled by 

the order prior to the time that the entire 

amount of such non-consenting owner's 

share of well costs and applicable risk 

charge have been recovered from such nonconsenting owner's share of production 

from such well. Such costs shall include 

expenses for reworking. diverting deepening. plugging back testing. completion or 

recompletion and equipping for production. 

but not ordinary operating expenses 

(2) Well costs shall also include 

reasonable costs of drilling. testing completing and equipping a substitute well if. 

in the drilling of a well pursuant to a compulsory pooling order. the operator loses the 

hole or encounters mechanical difficulties 

rendering it impracticable to drill to the 

objective depth. and the substitute well is 

located within 330 feet of the original well 

and drilling thereof is commenced within 

ten (1 0) days of the abandonment of the 

original well. 

(3) An applicant for compulsory 

pooling shall not be required to present 

technical evidence justifying the risk charge 

provided in Subsection A of 19.15.1.35 

NMAC. 

B. Exceptions - Any person responding to a compulsory pooling 

application who seeks a different risk 

charge than that provided in subsection A 

shall so state in a timely pre-hearing statement filed with the division and served on 

the applicant in accordance with Subsection 

B of 19.15.14.1208 NMAC. and shall have 

the burden to prove the justification for the 

risk charge sought by relevant geologic or 

technical evidence. The hearing officer 

shall have discretion to allow a responding 

party who has not filed a pre-hearing statement. but who appears in person or by attorney at the hearing. to offer evidence in support of a different risk charge than that provided in Subsection A of 19.15.1.35 

NMAC. but in such cases a continuance of 

the hearing shall be allowed. if requested. to 

enable the applicant to present rebuttal evidence. 

[19.15.1.35 NMAC- N, 8-15-03] 

NEW MEXICO 

ENVIRONMENTAL 

IMPROVEMENT BOARD 

This is an amendment to 20.2. 72.219 

NMAC, effective 08/27/03: 

20.2.72.219 

SIONS: 

PERMIT REVIA. A d m i n i s t r a t i v e 

Permit Revisions: 

(1) Administrative permit revision procedures may be used only for those 

permit revisions that: 

(a) Correct typographical errors; 

(b) Provide for a minor administrative change at the source, such as a 

change in ownership or a change in the 

address or phone number of any person 

identified in the permit; 

(c) Incorporate a change in the 

permit solely involving the retiring of a 

source or closing of a facility upon notification of the Department that the permittee 

has ceased operations of the source or facility; 

(d) Incorporate a change in the 

permit solely involving the deletion from 

the permit of a source or sources upon notification of the Department that the source or 

sources have not been and will not be built; 

or 

(e) Incorporate a source or activity at the facility which is exempted under 
New Mexico Register I Volume XIV, Number 15 I August 15, 2003 525 

Subsection B of 20.2.72.202 NMAC; 

(2) The permittee shall apply for 

an administrative permit revision by filing a 

certified written notification of the proposed revision with the Department which 

includes all information required by the 

Department to review the request. The certification shall be made as required under 

Paragraph 12 of Subsection A of 

20.2.72.203 NMAC; 

(3) The administrative permit 

revision is effective upon receipt of the notification by the Department; 

(4) Administrative permit revisions shall not be subject to public notification requirements under Subsection B of 

20.2.72.203 NMAC and 20.2.72.206 

NMAC. The Department shall attach the 

revision to the permit; 

(5) Administrative permit revisions shall not be subject to filing fees or 

permit fees under 20.2.75 NMAC 

(Construction Permit Fees); 

(6) The Department is not 

required to reissue the permit to incorporate 

an administrative permit revision. 

B. Technical Permit 

Revisions: 

(I) Technical permit revision procedures may be used only for: 

(a) Permit revisions that incorporate a change in the permit solely involving 

a change to monitoring, record keeping, or 

reporting requirements by the permittee, 

provided that the Department determines 

that such change does not reduce the 

enforceability of the permit; 

(b) Permit revisions that incorporate a change in the permit solely involving 

additional equipment with a potential emission rate of no more than one (I) pound per 

hour for any pollutant for which a National 

or New Mexico Ambient Air Quality 

Standard has been set or one (I) pound per 

hour for any VOC; 

(c) Permit revisions that incorporate a change in the permit solely involving 

the placement of permit conditions, including emissions limitations, on sources which 

existed on August 31, 1972 and which have 

been regularly operated since that time; 

(d) Modifications that replace an 

emissions unit for which the allowable 

emissions limits have been established in 

the permit, provided that the new emissions 

unit: 

(i) Is equivalent to the 

replaced emissions unit, and serves the 

same function within the facility and 

process; 

(ii) Has the same or 

lower capacity and potential emission rates; 

(iii) Has the same or 

higher control efficiency, and stack parameters which are at least as effective in the dispersion of air pollutants; 

(iv) Would not result in 

an increase of the potential emission rate of 

any other equipment at the facility; 

(v) Shall be subject to 

the same or lower allowable emissions limits under the permit, and to all other permit 

conditions which have applied to the 

replaced emissions unit; 

(vi) Would not, when 

operated under applicable permit conditions, cause or contribute to a violation of 

any National or New Mexico Ambient Air 

Quality Standard; and 

(vii) Would not, as 

determined by the Department, require 

additional permit conditions in order to 

ensure the enforceability of the permit, such 

as additional record keeping or reporting to 

show compliance. [er] 

(e) Permit revisions that make 

adjustments to the emissions limitations 

based on the result of the initial compliance 

test(s), provided that: 

i. The test is performed 

in accordance with permit conditions; 

(ii) Such adjustment 

occurs within six (6) months of the compliance test; 

(iii) No other such 

adjustment has occurred since the most 

recent permit issuance or reissuance; 

(iv) Such adjustment 

does not: alter any other permit condition; 

trigger additional requirements under any 

other Part, including 20.2.74 NMAC 

(Prevention of Significant Deterioration); or 

result in allowable emissions which could 

contribute to a violation of any National or 

New Mexico Ambient Air Quality Standard; 

(v) Such request does 

not increase the permitted allowable emissions of the unit(s) on which the initial compliance test(s) have been performed by 

more than ten (I 0) percent; and 

(vi) Where the permit 

fee calculated under 20.2.75 NMAC 

(Construction Permit Fees) would have 

been greater if it had been based on the 

potential emission rate as indicated by the 

compliance test, the balance of the permit 

fee is submitted as part of the technical permit revision application; 

(0 Permit revisions that incorporate a change in the permit solely involving 

the addition of air pollution control equipment or the substitution of a different type 

of air pollution control equipment to existing equipment provided that such addition 

or substitution shall not result in an increase 

in the potential emission rate of more than 

one (]) pound per hour for any pollutant for 

which a National or New Mexico Ambient 

Air Quality Standard has been set. or one 

(I) pound per hour for total VOCs: or 

(g) Permit revisions that incorporate terms and conditions in the permit such 

as a cap on hours of operation. limitations 

on throughput of a specific product or products. or limitations on equipment capacity. 

for the purpose of reducing the potential 

emission rate of a unit or source. 

(2) A request for a technical permit revision shall be accomplished by filing 

a certified written notification of the proposed revision with the Department on 

forms provided by the Department and shall 

include all information required by the 

Department to review the request. The certification shall be made as required under 

Paragraph 12 of Subsection A of 

20.2. 72.203 NMAC; 

(3) The Department shall approve 

or deny the technical permit revision, or 

inform the applicant that the request must 

be submitted as a significant permit revision: 

(a) Within thirty (30) days of 

receipt of the application; or 

(b) If in response to significant 

public interest the Department holds a public meeting regarding the technical permit 

revision, within sixty (60) days of receipt of 

the application; 

(4) The Department may deny an 

application for a technical permit revision 

or require that such application be submitted as a significant permit revision if: 

(a) Such revision does not meet 

the criteria of this section; 

(b) In the judgment of the 

Department the revision would require a 

decision on a significant or complex issue; 

or 

(c) In the judgment of the 

Department the permittee has submitted 

multiple or subsequent applications for 

technical permit revisions under this Part 

that segment a larger revision or modification that would not be eligible for a technical permit revision; 

(5) The technical permit revision 

shall become effective upon written 

approval from the Department; 

(6) Technical permit revisions 

shall not be subject to public notification 

requirements under Paragraphs I, 4 and 5 of 

Subsection B of 20.2.72.203 NMAC, and 

20.2.72.206 NMAC. The Department shall 

attach the technical permit revision to the 

permit. 

C. [RESERVED] 

D. Significant Permit 

Revisions: 

(I) A significant permit revision 

is required for any modification to a source, 

and for revisions to any term or condition of 

such permit, including but not limited to 

emissions limitation, control technology, 

operating conditions, and monitoring 

requirements; that: 

(a) Do not meet the criteria under 

the provisions for administrative or techni-
526 New Mexico Register I Volume XIV, Number 15 I August 15, 2003 

cal permit revisions under Subsections A or 

B of 20.2. 72.219 NMAC; or 

(b) Meet the applicability criteria 

under 20.2.72.402 NMAC regarding toxic 

air pollutants; 

(2) Applications for significant 

permit revisions shall meet all requirements 

of this Part for permits and shall be 

processed in accordance with the public 

notice, review, and hearing procedures set 

forth in this Part for such permits. 

[11130/95; Rn, 20 NMAC 2.72.202, 

01/07/98; A, 01/07/98; A, 01101/00; A, 

08/25/03)20.2. 72.219 NMAC - Rn, 20 

NMAC 2.72.219, 02/02/01; A, 08/27/03) 

NEW MEXICO 

DEPARTMENT OF 

GAME AND FISH 

This is an emergency amendment to 19.30.9 

NMAC, Section 9 

19.30.9.9 ESTABLISHING 

CERTAIN LICENSES, PERMITS, 

CERTIFICATES AND FEES: Licenses, 

permit, or certificate 

Fee 

A. Airborne hunting 

$10.00 

B. Call pen 

15.00 

c. Class A Jake 

101.00 

D. Additional Class A lake 

26.00 

E. Class A park 

501.00 

E. Field trial/importation 

15.00 

G Falconry 

25.00 

H. Game bird propagation 

10.00 

L Importation 

[~) 

ll) protected ungulate: 

(a) initial 500.00/source & up to 

2 animals (valid 6 months) 

(b) for additional animals. same 

source propertv/owner 50.00 per animal 

(if no acquisitions to source herd during 6 

month period of validity) 

(2) forbearer 

40.00/animal 

(3) non-game 

25.00/animal 

(4) other 

L Protected mammal 

10.00 

K. Shooting preserve 

200.00 

L. Zoo 

M. S c 

15.00 

entific 

collecting/bird banding 

15.00 

N. Bait dealers 

21.00 

0. Transportation 

0.00 

.e Retention 

1.25 

.Q. Triploid grass carp 

25.00 

R. Commercial fishing 

25.00 

£.. Certificate of application 6.00 

L Wildlife conservation 

stamp 10.00 

u. Duplicate license 

6.00 

v. Landowner authorization certificate 15.00 

w. Additional antelope 

permit tag 25.00 

X. Migratory bird permit 

0.00 

Y. Big game depredation 

damage stamp resident 3.00 

Z. Big game depredation 

damage stamp non-resident I 0.00 

AA. Public land user stamp 

5.00 

BB. Commercial collecting 

permit 50.00 

[12-20-94, 3-31-98; 19.30.9.9 NMAC- Rn, 

19 NMAC 30.1.9 & A, 7-16-01; A, 10-31-

01, A, 12-28-01; A, 08-01-03) 

[This amendment is for any application or 

license purchased for the 2002 hunting 

license season and beyond] 

NEW MEXICO 

DEPARTMENT OF HEALTH 

PUBLIC HEALTH DIVISION 

OFFICE OF EPIDEMIOLOGY 

7 NMAC 4.3 "Control of Disease and 

Conditions of Public Health Significance" 

filed I 0/16/96, is hereby repealed and 

replaced by 7.4.3 NMAC, effective 8/15/03. 

NEW MEXICO 

DEPARTMENT OF HEALTH 

PUBLIC HEALTH DIVISION 

OFFICE OF EPIDEMIOLOGY 

TITLE 7 HEALTH 

CHAPTER 4 DISEASE CONTROL 

(EPIDEMIOLOGY) 

PART 3 CONTROL OF DISEASE AND CONDITIONS OF PUBLIC 

HEALTH SIGNIFICANCE 

7.4.3.1 ISSUING AGENCY: 

New Mexico Department of Health. 

[7.4.3.1 NMAC - Rp, 7 NMAC 4.3.1, 

8115/2003) 

7.4.3.2 SCOPE: All physicians, laboratories, health care professionals, and other persons having knowledge of 

disease or illness covered by these regulations. 

[7.4.3.2 NMAC - Rp, 7 NMAC 4.3.2, 

8/15/2003) 

7.4.3.3 S T A T U T 0 R Y 

AUTHORITY: These provisions set forth 

herein are promulgated by the secretary of 

the department of health by authority of 

Section 9-7-6(E) NMSA 1978 and in conformity with the Public Health Act, particularly Sections 24-1-3, 24-1-7, 24-1-8 and 

24-1-15 NMSA 1978. Administration and 

enforcement of these regulations are the 

responsibility of the office of epidemiology 

of the department of health. 

[7.4.3.3 NMAC - Rp, 7 NMAC 4.3.3, 

8115/2003) 

7.4.3.4 DURATION: 

Permanent. 

[7.4.3.4 NMAC - Rp, 7 NMAC 4.3.4, 

8115/2003) 

7.4.3.5 EFFECTIVE DATE: 

August 15, 2003, unless a later date is cited 

at the end of a section. 

[7.4.3.5 NMAC - Rp, 7 NMAC 4.3.5, 

8/15/2003) 

7.4.3.6 OBJECTIVE: The 

essential objective of these regulations are 

the control of communicable disease and 

conditions of public health significance 

through the prompt identification of disease, notification of responsible health 

authorities, and institution of preventive and 

ameliorative measures. 

[7.4.3.6 NMAC - Rp, 7 NMAC 4.3.6, 

8115/2003) 

7.4.3.7 DEFINITIONS: As 

used in these provisions, the following 

terms shall have the meaning given to them, 

except where the context clearly requires 

otherwise. 

A. "Cancer" means all 

malignant neoplasms and in situ neoplasms 

and all intracranial neoplasms, regardless of 

the tissue of origin. 

B. "Cancer registry" 

means the New Mexico tumor registry, 

located at the university of New Mexico 

health sciences center. 

C. "Carrier" means an 
STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER OF THE PROPOSED 

AMENDMENTS TO 20.2.72.2198 NMAC 

PERMIT REVISIONS 

CERTIFICATE OF SERVICE 

NO. EIB-02-01 

I hereby certify that a copy of the forgoing Statement of Reasons for Adoption 

was delivered to Eric Ames, Environment Department, Harold Runnels Building, Room 

N4050, 1190 St. Francis Drive, Santa Fe, New Mexico 87501 and mailed to Mr. Will_iam 

C. Scott, Attorneys for Association of Commerce and Industry, Post Office Box 2168, 

Bank of America Centre, Suite 1000, 500 Fourth Street, NW, Albuquerque, NM 87103-

2168 on August 28,2003. 

);;.\, '~ ;;:, "\"' ~\\a. A;_,,\- 0 \~ecu~""' Geraldine Madrid-Chavez, Administrator .· 

Environmental Improvement Board 

Post Office Box 26110 

Santa Fe, New Mexico 87502 

(505) 827-2424 p 

(505) 827-0310 F 
STATE OF NEW 1\'IEXICO 

E~ONNffiNTAL~~ROVEMENTBOARD 

IN THE lviA TTER OF PETITION TO 

AMEND AIR QUALITY CONTROL 

REGULATION 20.2.72.219 NlvlAC 

STATEl\'IENT OF REASONS FOR ADOPTION 

The Environmental Improvement Board ("Board") held a properly noticed public hearing 

on July 1, 2003 on the Association of Commerce and Industry's ("ACI") Petition to amend the 

air quality control rule 20.2.72.219(B)(l) NMAC governing technical amendments to air quality 

permits. The Board, with Clifford Stroud and Jeff Thomas absent, heard testimony and received 

exhibits from ACI and heard testimony in support of ACI's petition from the New Mexico 

Environment Department. At the conclusion of this hearing, the Board unanimously voted to 

adopt the rules amendments submitted by ACI and as set forth in ACI Hearing Exhibit 1. 

The amendments will allow a facility to obtain expedited technical permit revisions 

designed to reduce air pollutant emissions. First, the amendment adds subparagraph (f) to 

20.2.72.219(B)(l) NMAC so as to authorize a facility to add or substitute air pollution control 

equipment provided that there is no increase in the potential emission rate of more than one 

pound per hour of any pollutant for which a federal or state air quality standard has been set, or 

for total VOCs (volatile organic compounds). Second, the amendment adds subparagraph (g) so 

as to further allow a facility to change permit terms and conditions that reduce the facility's 

potential emission rate. Both amendments will result in an expedited and shortened review 

period for the proposed technical permit revisions. 
Pursuant to 20.1.1.400(G )(5) and (6) NMAC, the Board states the following reasons for 

adopting the rules amendments. The Board determines that adoption of the proposed 

amendments will simplify and expedite the permitting process for changing or installing air 

pollution control equipment, benefit the environment, and encourage a regulatory structure that 

facilitates the reduction of air pollutant emissions. Accordingly, the Board hereby adopts the 

rules amendments submitted by ACI as ACI Hearing Exhibit 1. 

Date ,Aug 1¥ '2003 

Gay ~i)ir~~ · mgh , Board Chm