# ZOuSMAY-4 PM 2:32 

# State ofNew

# Me*i(!-(!)L .,lrrA!Rs oivlstoN 

# Office of the Governor Bill Richardson Governor


## April 25, 2005 MayorRichard Greene Regional Administrator U.S. EnvironmentalProtectionAgency, Region 6 1445 Ross Avenue Dallas, TX75202-2733 DearMayorGreene:**•\,~----**


### i\A SPEC ASST**~·** 

## Onbehalfofthe NewMexico Environment Department (NMED), I am

## PJ1'e8.Seli'to submit to the Environmental ProtectionAgency (EPA) the enclosedrevisions to the State ImplementationPlan. Thisrevisionincludes an amendment to theNewMexico Air QualityControlAct, adoption ofNew Mexico Administrativef:ode (NMAC) regulation 20.2.66 NMAC- 

## Cotton Gins, and amendments to regulation@.2.72

- 

## Construction

# Permi~20.2.73 

## -Noticeof IntentandEmissionsInventoryRequirements, and 20.2.75

- 

## Construction PennitFees. Thehearingrecords forthese SIPrevisions are attached, which includethe filed regulations, transcripts, exhibits, public notices, affidavits of publication, notices ofintentto testify, andpublic comments. Ifthere are anyquestions concerningthis SIP submittal, pleasecontactMaryUhl, Acting AirQualityBureau Chief, at (505) 955-8086. Sincerely,

Bill Richardson GovernorofNew Mexico

cc: TomDiggs, EPARegion 6 DavidNeleigh, EPARegion 6 Ron Curry, NMED, Cabinet Secretary MaryUhl,NMED, Air QualityBureau

State Capitol • Room400 • 

## SantaFe, NewMexico 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 

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Amended One Section 20.2.72.219 NMAC

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No 

### X Yes Please listattachments andInternetsite{s) if applicable

YesD

Name: 

### Gay Dillingham

Title: 

### Chair \ 

# ./L-)..A-,t**/~/** 1/(v-(L SiQ"f1ature 

## IJ (/ SRC-2000-02 5/26/2000 

### 1. 2 

### 3. Reference 

### I Internetsite

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# D

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# D 

# 1-!t 

# /ff5 Date slcmed

### This is an amendmentto 20.2.72.219 

### NMAC, effective 08/27/03: 

### 20.2.72.219 

## A. PERMITREVISIONS: AdministrativePermitRevisions: 

# 2Gu3 JUL 2 8 Pl1 4: 03

(1) Administrativepermitrevisionprocedures maybeusedonlyfor those permitrevisions that: (a) Correcttypographical errors; 

### (b) Providefor a minor administrative change atthe source, such as a change inownership or a change in the address orphonenumber ofanypersonidentified inthe permit; (c) Incorporate a change in the permit solelyinvolving theretiring ofa source orclosing ofa facility uponnotification ofthe Departmentthatthe permitteehas ceased operations ofthe source orfacility; (d) Incorporate a change inthe permitsolely involving the deletionfromthe permit ofa source or sources uponnotificationofthe Departmentthat the source or sources have notbeenand will notbebuilt; or (e) Incorporate a source or activity at the facility which is exemptedunder SubsectionB of 20.2.72.202 

### NMAC; (2) Thepermittee shall apply for an administrativepermitrevisionbyfiling a certifiedwritten notification ofthe proposedrevision withthe Departmentwhichincludes all informationrequiredbythe Department to reviewthe request. The certification shallbemade as requiredunderParagraph 12 

### ofSubsectionA of 20.2.72.203 

### NMAC; (3) The administrative permitrevision is effective uponreceiptofthe notificationbythe Department; (4) Administrativepermitrevisions shallnotbe subjectto publicnotificationrequirementsunder SubsectionB of20.2.72.203 

### NMAC and 20.2.72.206 

### NMAC. The Department shall attachthe revisionto the permit; (5) Administrativepermitrevisions shallnotbe subjectto filing fees orpermitfees under20.2.75 

### NMAC (ConstructionPermitFees); (6) TheDepartmentis notrequiredto reissue the permitto incorporate an administrativepermit revision.

### B. TechnicalPermitRevisions: (1) Technicalpermitrevisionprocedures maybeused only for: (a) Permitrevisions that incorporate a change inthe permit solelyinvolving a change to monitoring, recordkeeping, orreportingrequirements bythe permittee, providedthatthe Department determines that suchchange does notreduce the enforceability ofthe permit; (b) Permitrevisions that incorporate a change inthe permit solelyinvolving additional equipmentwith apotential emissionrate ofno more thanone (

### 1) poundperhour for anypollutantfor which a National orNewMexico AmbientAir Quality Standardhas been set orone (1) poundperhour for any VOC; (c) Permitrevisions thatincorporate a change inthe permit solely involving the placement of permit conditions, including emissions limitations, on sources which existed onAugust 31, 1972 

### andwhichhave beenregularly operated since that time; (d) Modifications thatreplace an emissionsunit for whichthe allowable emissions limitshave beenestablished in the permit, providedthatthe new emissions unit: (i) 

### Is equivalentto the replaced emissions unit, and serves the same function within the facility and process; (ii) Has the same orlower capacityandpotential emissionrates; (iii) Has the same orhigher control efficiency, and stackparameters whichare at least as effective in the dispersion ofairpollutants; (iv) Wouldnotresult in anincrease ofthe potential emissionrate ofany other equipment atthe facility; (v) Shallbe subjectto the same or lower allowable emissions limits underthe permit, andto all otherpermit conditions whichhave appliedto the replaced emissions unit; (vi) Wouldnot, whenoperatedunder applicablepermitconditions, cause or contribute to aviolationofanyNational orNewMexico AmbientAir Quality Standard; and (vii) Wouldnot, as determinedbythe Department, require additionalpermitconditions in orderto ensure the enforceability ofthe permit, such as additional recordkeeping orreportingto show compliance. [ 

### eF] (e) Permitrevisions thatmake adjustments to the emissions limitationsbasedonthe result of the initialcompliance test(s), providedthat: i. 

### The test is performed in accordance withpermit conditions;

20.2.72 

### NMAC

### (ii) Such adjustment occurs within six (6) months ofthe compliance test; (iii) No other such adjustmenthas occurred since the mostrecentpermitissuance or reissuance; (iv) Suchadjustment does not: alter any otherpermitcondition; trigger additional requirements under anyotherPart, including 20.2.74 NMAC (Prevention ofSignificantDeterioration); orresultin allowable emissions whichcouldcontribute to a violation ofanyNational orNewMexico AmbientAir Quality Standard; (v) Suchrequest does not increase thepermitted allowable emissions ofthe unit(s) on whichthe initial compliance test(s) havebeenperformedbymore thanten (10) percent; and (vi) Where thepermitfee calculatedunder 20.2.75 NMAC (ConstructionPermitFees) wouldhavebeengreater ifithadbeenbasedonthe potential emissionrate as indicatedbythe compliancetest, the balance ofthepermitfee is submitted as part ofthe technicalpermitrevision application; (0 

### Permitrevisions thatincorporate a change inthepermit solelyinvolving the addition ofair pollutioncontrol equipment orthe substitution ofa differenttype ofairpollutioncontrol equipmentto existing equipmentprovidedthat such addition or substitution shall notresultin anincrease inthepotential emissionrate of more than one (1)

### poundperhourfor anypollutantfor which aNational orNewMexico AmbientAir Quality Standardhasbeen set, or one (1)

### poundperhourfor totalVOCs; or (g) 

### Permitrevisions that incorporate terms and conditions inthe permit, such as a cap onhours ofoperation, limitations onthroughput ofa specificproduct orproducts, or limitations onequipment capacity, for the purpose ofreducingthepotential emissionrate ofa unit or source. (2) A request for a technicalpermitrevision shallbe accomplishedbyfiling a certifiedwritten notification oftheproposedrevisionwiththe Department onforms providedbythe Department and shall include all informationrequiredbythe Departmentto reviewthe request. The certification shallbemade as requiredunder Paragraph 12 ofSubsectionA of20.2.72.203 NMAC; (3) TheDepartment shall approve or denythe technicalpermitrevision, or informthe applicant that the requestmustbe submitted as a significantpermitrevision: (a) Withinthirty (30) days ofreceiptofthe application; or (b) Ifinresponse to significantpublic interestthe Departmentholds a public meetingregarding the technicalpermitrevision, within sixty (60) days ofreceiptofthe application; (4) TheDepartmentmay deny an applicationfor a technicalpermitrevision orrequire that such applicationbe submitted as a significantpermitrevisionif: (a) Suchrevisiondoes notmeetthe criteria ofthis section; (b) Inthejudgmentofthe Departmentthe revisionwould require a decisionona significant or complexissue; or (c) In

### thejudgmentofthe Departmentthepermittee has submitted multiple or subsequent applications for technicalpermitrevisions underthis Partthat segment alargerrevision ormodificationthat would notbe eligible for a technicalpermitrevision; (5) Thetechnicalpermitrevision shall become effective uponwritten approval fromthe Department; (6) Technicalpermitrevisions shallnotbe subjectto public notificationrequirements under Paragraphs 1, 4 and 5 ofSubsectionB of20.2.72.203 NMAC, and20.2.72.206NMAC. The Department shall attachthe technicalpermitrevisionto the permit. 

### C. [RESERVED] D. SignificantPermitRevisions: (1) A significantpermitrevisionis required for anymodification to a source, and forrevisions to any term orcondition ofsuchpermit, includingbutnot limited to emissions limitation, control technology, operating conditions, and monitoring requirements; that: (a) Donotmeetthe criteriaunderthe provisions for administrative or technical permit revisions under Subsections A orB of20.2.72.219NMAC; or (b) Meetthe applicability criteriaunder20.2.72.402NMAC regarding toxic airpollutants; (2) Applications for significantpermitrevisions shall meet all requirements ofthis Partfor permits and shallbeprocessedin accordance withthe public notice, review, andhearingprocedures set forth inthis Partfor suchpermits. [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, 20NMAC 2.72.219, 02/02/01; A, 08/27/03]

20.2.72 NMAC 2

## STATEOFNEW :MEXICO ENVIRONlVIENTAL IM:PROVEl\fENT BOARD

IN THEMATTEROFTHEASSOCIATION OF COl\fl\fERCEAND INDUSTRY'S PROPOSEDREVISIONS TO 20.2.72 

## NMAC- 

## CONSTRUCTIONPERMITS EIB 02-01 

## (R)



## ENVIRONMENTALPROTECTIONDIVISION'S NOTICEOFINTENTTOPRESENTTECHNICALTESTIMONY TheEnvironmental ProtectionDivisionoftheNewMexico EnvironmentDepartment (Division) submitsthis notice ofintentto presenttechnical testimonyregardingthe abovecaptionedpetition at thepublichearingonDecember 13, 2002. 1. Agencyrepresentedbytechnical witnesses. TheDivision. 2. Names and qualifications oftechnicalwitnesses. RitaTruji11o. Ms. Trujillo is the Program Managerfor the Control Strategies SectionoftheDivision's Air QualityBureau. Shehastwelveyears intheenvironmental field, including fouryears withthe Air Quality Bureau. Ms. Trujilloholds a B.S. degreeinBiology from Humboldt StateUniversity. Richard Goodyear. Mr. GoodyearhasbeenEngineeringManagerfor all air qualitypermitprograms for sixyears. Fornearlyfour years priorto that, heprocessedpermits 

## in theBureau'sNew SourceReviewUnit and was the TitleV ProgramManager. He served for 21
years as an officerin theU.S. ArmyCorps ofEngineers. Hehas a B.S. degree from theU.S. MilitaryAcademyand an M.S. degree inMechanical Engineering from Iowa StateUniversity. Heis aregisteredprofessional engineerinNewMexico andVirginia.

NOTICE OFINTENT- PAGE 1

## 3. Agencypositionregardingthepetition. TheDivision supports thepetition as modifiedbelow. 4. Summaryoftestimony. Ms. Trujillo's written testimonyis attached as ExhibitA. Mr. Goodyearwill notpresent direct testimonybutwillbeavailableto answer questions on cross-examination. 5. Anticipatedlength oftestimony. Ms. Trujillo's testimonyis expectedto take 15 minutes. 6. Anticipated list ofexhibits. TheDivision does not anticipate offering anyexhibits. 7. Proposed alternative language. The Divisionproposes to modifythepetition as described in Exhibit B.

TheDepartmentreserves theright to call anypersonto testify and to present any exhibit inresponseto anytestimonyor exhibitpresentedbyanotherpartyorinterestedpersoninthe hearing. TheDepartment also reservestherightto call anyperson as arebuttal witness and to present anyexhibitin supportthereof.

NOTICE OFINTENT- PAGE 2

### NOTICE OFlNTENT

- PAGE 3 

## Respectfully submitted, NEWMEXICO ENVIRONMENTDEPARTMENT OFFIC/\F GENERAL COUNSEL

# ~:? EricAmes / Assistant General Counsel NewMexico EnvironmentDepartment P.O. Box26110 1190 St. Francis Drive SantaFe, NewMexico 87502-6110

## EXHffiiTA

DIRECTTESTIMONY OFRITATRUJILLO I. BACKGROUND The consensusproposalbeingpresentedtodaywas developedthrough a collaborative process. The Association ofCommerce and Industry (ACI) filed the original petition; the Division's Air QualityBureau (AQB) requested a meetingwithACIto obtain clarification of ACI's intent and thelanguage ofthepetition; theAQB then organized ameetingwithACI and environmental advocacyorganizations, such as NewMexico Citizens for CleanAir and Water and theNew Mexico LungAssociation, to develop a consensusposition onthe goal ofthe proposed technicalpermitrevision; theAQB then spearheaded the development ofconsensus language, to whichthesepersonshave agreed. 

## II. THE CONSENSUS PROPOSAL A. HOWTHEPROPOSALWORKS TheAQB expectstheproposal tobeusedbysources adding orreplacing control equipment for whichthe emissions ofanypollutant for whichthere is aNAAQS orNMAAQS,

or anyVOC, do notincreasebymorethan 1poundperhour (4.38tonsperyear). Theproposal also allows sourcesto changepermitterms and conditionsto decreasetheirpotential emission
rate. Forexample, a sourcemayreduce its potential emissionratebyacceptingpermitterms and conditions limitingthehours ofoperation orthe tons perhourofproductthroughput.

TRUJlLLOTESTIMONY- PAGE 1

## B. HOWTHESEREQUESTS ARE PROCESSED Theprocess for reviewingthese technical permitrevisions will bethe same as for other technical permitrevisions under20.2.72.219 NMAC. A source submits an application requesting a technical permitrevision; theAQB determines whetherthe application qualifies; if the application qualifies, theAQB grants thetechnical permitrevisionwithin 30 days ofreceipt. However, ifthe AQB determines that the technical permitrevision is technical orcontroversial, it mayrequire, pursuantto 20.2.72.219.B.4 NMAC, thatthe source submit a significantpermit revision. For example, theAQB mayrequiremoretimeto review aproposal to install innovative

or experimental airpollution control equipment. 

## C. THEPROPOSAL BENEFITS THEENVIRONMENT Theproposal is good publicpolicyfor the environment, industry, and theAQB. The proposal makes it easierfor sources to revise theirpermitsto incorporate airpollution control equipment orto takepermitterms and conditions whichreduce emissions. Currently, source seekingthese changes wouldberequired to submit an application for a significantpermit revision, whichmaytake as long as 90 days and requires amore substantialpermitfee. This proposal will allow sources to install pollution controls sooner,resultingin a net environmental benefit. Further, the Bureauwill beexpendingless stafftimeto process these types ofrequests.

TRUJILLO TESTIMONY- PAGE2

## EXHIBITB
(f) Permitrevisions thatincorporate a changein thepermit solelyinvolvingthe addition ofair 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 aNational orNewMexico Ambient Air Quality Standardhasbeen 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, orreportingrequirements. (g) Permit revisions that incorporate terms and conditions in the permit, such as a cap onhours of operation, limitations on throughput of a specific product or products, or limitations on equipment capacity, for thepurpose ofreducing thepotential emissionrate ofaunit 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, RoomN-2150 SantaFe, NewMexico 87502 Re: Petition toAmendAir Quality ControlRegulation 20llMAC2. 72.219.B 

## Dear Sir orMadam: Enclosed please find an original and seven copies of the Association of Commerce and Industry's Notice ofFiling in connection with this matter. I would appreciate it ifyou 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 youmay 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 NEWMEXICO BEFORETHE ENVIRONMENTAL IMPROVEMENTBOARD IN THE MATTEROF THE PETITIONTO 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 ofMay, 2003, the 

## Association of Commerce and 1-ldust!"y 

## filed the Affidavit ofPublication in the New Mexico Register dated April 30, 2003 and the Affidavit ofPublication in the Albuquerque Journal dated April 29, 2003. True and correct copies ofthose Affidavit ofPublication are attached hereto as Exhibits A and B, respectively. MODRALL, SPERLING, ROEHL, HARRIS

# ~~~·:~A. By:W

# ~.c.

# 7Mt=

WE 

## HEREBY CERTIFYthat a true and correct copyofthe foregoing pleading was mailedto Eric Ames, William C. Scott Attorneys for PetitionerAssociation of Commerce and Industry Post Office Box 2168 BankofAmerica Centre, Suite 1000 500 Fourth Street, N.W. Albuquerque, New Mexico 87103-2168 Telephone: (505) 848-1800

P.O.**B~x** 

## 26110, SantaFe, 

## NM 87502-0110 this _5"'"_

## day ofMay, 2003. MODRALL, SPERLING, ROEHL, HARRIS & 

## SISK, P.A.

# By~~ L-M William C. s'iott

W0257453.DOC

# New Mexico Commission ofPublic Records AdministrativeLawDivision 1205 Camino Carlos Rey SantaFe, NM 87507 505-476-7907 

# Affidavit ofPublicationinthe 

# New MexicoRegister I certifythat the agency noted below has published legal notices orrules in theNewMexico Register, and thatpaymenthas been assessed by invoice for said legal notice orpublication, which appeared onthe date and in the volume and issuenumbernoted below. Date ofPublication: 

## 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 ofPublicMeeting and Notice of



# Attest: 

# JLL_i_.**1Jk-"~- Publisherle~-;;;;;ico** Registe

# -~ Date: 4/30/2003

Administrative Law Division NewMexico Commission ofPublic Records

-------- 

# Notice to Publishing Agency Enclosed are your agency's proofcopies ofthe legal notices orrules which were published in the New Mexico Register. These document the fact that yourNotice ofRulemaking, 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. 20.4.1.100 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 of40 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 of40 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. 20.4.1.60I 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 of40 CFR Part 268. The proposed amendments will adopt 40 CFR Part 268, through July l, 2002. 20.4.!.80I NMAC- Omissions. Non-substantive technical amendments. 20.4.1.900 NMAC

- Adoption of40 CFR Part 270. The proposed amendments will adopt 40 CFR Part 270, through July I, 2002. 20.4.1.90I NMAC Permitting Procedures. Non-substantive technical amendments. 20.4.1.1000 NMAC

- Adoption of40 CFR Part 273. The proposed amendments will adopt 40 CFR Part 273, through July l, 2002. 20.4.!.1002 NMAC

- Adoption of40 CFR Part 279. The proposed amendments will adopt40 CFRPart 279, Used Oil Standards, through July I, 2002. 20.4.1.1103 NMAC

- Reserved. Non-substantive technical amendments. 20.4.1.1107 NMAC

- Availability of Materials Incorporated By Reference. Change ofaddress. 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 ofthe Environmental Improvement Board, Harold Runnels Building, 1190 St. Francis Drive, Room N-2150 SantaFe, 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 numberEIB 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 examinewitnesses. Persons wishing to presenttechnical testimonymust file with the Board a written notice ofintent to do so. The notice ofintent 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 ofthe direct testimony of each technical witness and state the anticipated duration ofthe testimony ofthat witness;

- list and describe, or attach, each exhibit anticipated to be offered by that person at the hearing; and

- attach the text ofany recommended modifications to the proposed changes. Notices of intent for the hearing must be received in the Office ofthe Environmental Improvement Board not later than 5:00 pm on June 20, 2003, and should reference the name ofthe regulation, the date ofthe hearing, and docket numberEIB 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 oforal testimony shall file such statement prior to the close ofthe hearing. Ifyou are an individual with a disability and you require assistance or an auxiliary aid, e.g. slgn language interpreter, to participate in any aspect ofthis process, please contact Cliff Hawley by**J~ne** I5, 2003. Mr. Hawley can be reached at the New Mexico Environment Department, I I90 St. Francis Drive, P.O. Box 26Il0, Santa Fe, NM 87502, (505) 827-2844. TDD orTDY users may accesshis number viatheNewMexico Relay Network (Albuquerque TDD users: (505) 275·7333; outside ofAlbuquerque: 1- 800-659-1779.) The 

### Board may make a decision on the proposed regulatory change at the conclusion ofthe hearing, or the Board may convene a meeting after the hearing to consider action on the proposal. 

## NEWMEXICO 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, SantaFe, 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. TheBoardwill 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 ImprovementBoard'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 accordancewith the Environmental Improvement Board'sRulemaking 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 examinewitnesses. Persons desiring to presenttechnical testimony must file with the Board, a written notice of intent to do so. The notice ofintent 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 ofthe 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 ofintent is June 20, 2003. Notices ofintent must be filed in the office ofthe 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. Ifyou are an individual witha disability and you require assistance or an auxiliary aid, e.g. sign language interpreter, to participate in any aspect ofthis process, please contact CliffHawley 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 orTDY users please access his number via the New Mexico Relay Network. Albuquerque TDD users: (505) 275-7333; outside ofAlbuquerque: 1-800-659-1779)

. 

## NEWMEXICO DEPARTMENT OFLABOR EMPLOYMENT SECURITY DIVISION
NEW MEXICODEPARTMENT 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 ofthe department. The purpose ofthe 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 ofthe General Counsel ofthe New Mexico Department of Labor, 40I 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 ofthe 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 40I Broadway, Albuquerque, New Mexico. Interested persons may submit comments in writing prior to the hearing ormayappear at the hearing and make oral presentations. The Secretary of the New Mexico Department ofLabor 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. 

## NEWMEXICO DEPARTMENT OFLABOR JOB TRAINING DIVISION NOTICE OF PUBLIC HEARING FOR RULEMAKING The New Mexico Department ofLaborJob 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 ofthree (3) SAEWIARules 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 issuanceand 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 ofBernalillo 

# 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 NotaryPublic, in and for the County of Bernalillo and State of New Mexico this day of

# ;,~_c(**~** of2003.

PRICE.

_____

## .....l.,IJ,L_.~__L'-{..:._ •

# ..L.9+1--- Statement to come at end ofmonth. 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 apublichearing dunng lhe meeting to oonsider In The Maner of Petrtion to AmendAil ' 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 lhepaten. lial em•ssion rate for afacility to be

.**~** .....__, treated as technical permit ravi--

. -F.,_,..,._..

..._.. _. 'f' sions. Acop'f of the petttion and the 

### OfFiC.L\LS proposed reguia!Or; change maybe " 1obtamed 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.• P0._ 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(

# !2l!JL 

# t**~~~~:~:,~~~~-;"tu=** · L1 Procedures, 20 NMAC 1.1, lhe En· (**~-·** . . viranmental lmprovem.nt Ad, Sec-

·- .. · !Jon 74-1-9 NMSA 1978, and ot11er specific statutory procedures that mayapply. 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 tecllnicalWllnesSlhe

party intends to present andstlte lhe qualifications of that wrtness, includmg a description of !heir education and worlc backgrwld; • Summanze or include accpy of

the directtestimony 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 ofintent : 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 oraJtas· 11mony may do so at or befonl lhe heanng. The Board my reconvene aIT188ting at the end of lhe hearing to lake act!on on the Perrtion.
; If you are an individual wrth adis1ab1lify and you require assistanat or 

# Ian auxiliary aid, e.g. sign language • inlerpreter, to participate in any as· peer of !his process, please contact Cliff Hawley by May30, 2003 atthe 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 

# sp E R_ L l N G



### June 9, 2003

Administrative Secretary NMEDBoards and Commissions 1190 St. Francis Drive, RoomN-2150 SantaFe, New Mexico 87502 LAWYERS



### Re: 

### Petition to AmendAirQuality Control Regulation20NMAC2.72.219.B Dear SirorMadam: Enclosed please find an original and seven copies ofthe Amended Statement ofIntent to Present Technical Testimony in Support to Petition to Amend Air Quality Control Regulation 20 NMAC 2.72.219.B. I would appreciate it ifyou 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 ofAmerica 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'hP.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 OFTHE 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 BTO 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 ENVIRONMENTALIMPROVEMENT BOARD

IN THEMATTEROFPROPOSEDAMENDMENTS TO 20.2.72.219BNMAC- PERMIT REVISIONS

NOTICE OFTRANSCRIPT FILING 

## You are hereby notified that the complete transcript ofthe July 1, 2003 hearing in the case was filed onJuly 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, NWAlbuquerque, NewMexico 87102, or (505) 243-5018.

CERTIFICATE OF SERVICE 

## Iherebycertifythat a copyofthe Notice ofTranscriptFiling

## hasbeenhand deliveredto thefollowing onJuly 16, 2003: EricAmes Office ofGeneral Counsel NewMexico EnvironmentDepartment 1190 St. Francis Drive SantaFe, NM 87501 

# c:iL"'n;, Ynacb:cr

# ~**cY~** /GeraldineMadrid-Chavez, Administrator 

# U

1190 St. Francis Dr. S-2054 SantaFe, NewMexico 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 

## KATHYTOV'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 

## KATHYTOVvNSEND 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 organizations7 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 

## KATHYTOV\iNSEND COURT REPORTERS 5 of 13 sheets 

## 505-243-5018 Page 17 to 20 c

## EIB HEARING RE 20.2.72.219 Nrv1AC, 7/1/03 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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## KATHYTOVVNSEND COURT REPORTERS 505-243-5018 Page 25 to 28 of 52

## EIB HEARING Kt:. :lU.:l./:L.:Lll::l NIVIAv, 1

### I"IIU.5 33 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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### EIB HI:::AKING Kt:**LU.L./L.L'l::ll~IVIf\v,** fl ltU.J

1 2 3 4 5 6 7 8 9 10 11 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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## EIB HEARING RE 20.2.72.219 NMAC, 

## 7/1/03

49
response to an appeal of

-- a perrnit 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 1s 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

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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.iticn revised and presented today,
KA'I'HY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

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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

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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 87102 (505) 243-5018

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## KATHYTOV\A\ISEND COURT REPORTERS 505-243-5018 Page 49 to 52 of!7th- 10:22 agenda- 10:13 applicant- 12:14, better
- 34:23, 47:8 

## 0 ago- 25:9, 48:11 12:19, 34:8 between
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## 8 agree - 21:2, 41 :24, application
- 13:4, big- 21:6 02-01 - 1:3, 5:2 47:10 23:4, 23:5, 29:22, bit-18:14, 18:16, 80-35:22 agreed
- 32:22 35:7, 36:24, 47:18 45:16, 49:17 

## 1 87102-2:9, 2:18 agrees - 24:3 applications
- Board-1:1, 1:15, 87501-2:15 ahead- 11:16, 35:2, 12:23 2:3, 3:6, 3:9, 5:8, 1 - 4:4, 5:5, 11:1' 38:2, 38:23, 40:19 applied- 6:8 5:18,6:17,6:18,7:18, 11:14, 11:17,26:15, 

## 9 aids- 6:20 appointee- 47:14 9:16,9:18, 10:1, 28:25 aimed -22:7 approaching
- 10:21, 11:8, 13:5,

10-37:19, 39:19, 90-25:9, 25:10 Air- 2:11, 5:20, 34:14 13:23, 17:6, 17:8, 50:9 9:21' 16:20, 18:23, appropriate
- 26:24, 24:14, 25:6, 26:6,

10-mile- 12:18 

## A 18:24, 19:12, 19:16, 36:11 27:11' 32:3, 32:8, 100- 50:8 27:9, 27:19, 28:18, approved -11:15, 37:2, 37:4, 40:2, 40:5, 100-plus
- 47:25 ability- 26:16, 29:9,29:13,31:10, 12:6 40:6, 42:4, 45:12, 10:26-1:17 29:22 31:13,40:5,42:15, April- 9:18, 10:13, 46:17,49:2,49:10, 11 -4:4 able
- 24:4, 27:3 42:25, 48:21 10:16, 10:18 49:13,51:5,51:21 111-2:8 above-entitled
- air- 5:4, 5:14, 5:21, area- 34:14, 34:15, Board's- 5:25, 15:6 1190-2:14 1:14 11:19, 11:21, 13:4, 35:18, 35:21 books
- 39:23, 11:22-51:24 abusing
- 40:2 13:12, 14:4, 14:5, areas- 23:19 39:25 11th- 10:23 accordance
- 5:24 14:8, 14:12, 29:7, arena- 44:13 boss- 31:23 12110/03
- 52:22 accurately
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- 52:20 achievable
- 34:15 35:16, 35:23, 36:13, array- 20:2 Boulevard- 2:8 120- 13:13, 14:20, achieves- 29:14 36:14, 39:16, 49:22 Arreguin- 52:6 brand- 13:4 33:18 Aci- 4:3, 10:8, Albuquerque- 2:9, assist
- 30:23, 49:6 brief- 6:22, 8:10

13-3:5 10:23, 11:1' 11:13, 2:18, 10:5,10:17, Assistant- 2:7, 2:13 briefly- 23:13, 13th- 10:4 11:17, 13:5, 15:4, 16:21,23:19 associated
- 12:7 50:23 15
- 11:4 15:18, 16:19,26:15, allow
- 16:5, 18:4, Association
- 2:16, bringing- 38:14 17-3:6 29:3,29:21, 30:16, 18:15, 22:19, 32:12, 5:11,8:16, 8:25,9:11, broadening
- 50:2 1994-48:25 50:24 46:5 9:17,9:22, 13:24, broader
- 20:2, 1st- 1:13 Aci's- 4:4, 13:25, allowed- 20:10, 16:22, 18:23, 19:12, 37:20 14:7,15:10,15:15, 40:16 19:16,29:10, 32:15 brought- 34:13 

## 2 28:21,28:25, 29:15, allowing
- 37:23, assure- 6:1 bubble- 20:10, 30:6 51:2 attainment- 15:1 20:11,21:7 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 137:3 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 ofPublicRecords AdministrativeLawDivision 1205 Camino Carlos Rey SantaFe, NM 87507 505-476-7907 

# Affidavit ofPublicationinthe 

# NewMexicoRegister I certifythat the agencynotedbelowhas published legal notices orrules intheNewMexico Register, andthatpaymenthas been assessedbyinvoice for saidlegalnotice orpublication, which appeared onthe date and inthe volume and issue numbernotedbelow. Date ofPublication: 8/15/2003 Volume: XIV Issue# : 15 Invoice#: NMR-2004- 39 

## Amount: $57.00 Description: Amendment 20.2.72 NMAC



# Attest:

# l~ 1/

# ~ Publisher1 

## ewMexico Regzster Administra ve LawDivision NewMexico CommissionofPublic Records 

## Agency: NM Environment Dept

- Air QualityBureau Contact: Rita Trujillo 1190 St Francis SantaFe, NM 87505-

Construction Permits



## Date: 8/15/2003



# Notice to Publishing Agency Enclosed are your agency's proofcopies ofthe legal notices orrules which werepublishedin the New Mexico Register. These documentthe fact that yourNotice ofRulemaking,Proposed Rule, or Adopted Rule has beenpublishedin the NewMexico 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. (I0) 

### Develops a plan to promote and support community collaboration among district personnel. (II) 

### Uses problem-solving skills and knowledge ofstrategic. long-range. and operational planning (including applications oftechnology) in the effective. legal. and equitable use of fiscal. human. and material resource allocation that focuses on teaching and leamir.g. (12) Seeks newresources to facilitate learning. (13) Applies an understanding of school district finance structures and models to ensure that adequate financial resources are allocated equitablyfor the district. (14) 

### Applies and assess current technologies for management businessprocedures. 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 currentwith school district guidelines. policies. and professional literature that enhance the educational opportunities for all learners. (2) 

### Nurtures and mentors the development ofother educators. 

### (3) Participates in local state. and otherprofessional 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] 

## NEWMEXICO ENERGY, MINERALSAND

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 ofwell costs in advance. in addition to reasonable well costs and costs of supervision and management. ofa charge for risk associated with the drilling. completion. or working over and recompletion ofeach 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% ofwell 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 ofre-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 ofall or some portion ofhistorical costs of drilling is just and reasonable due to particular circumstances. Ifa well is completed in two or more formations having diverse ownership or a different risk charge percentage. the order shall provide for allocation ofwell costs between the formations. As to any interest owner who elects not to pay its share ofwell costs associated with a specific well in advance. as provided in the applicable order. "well costs" shall include costs ofany 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 ofa well pursuant to a compulsory pooling order. the operatorloses the hole 

### or encounters mechanical difficulties rendering it impracticable to drill to the objective depth. and the substitute well is located within 330 feet ofthe 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 evidencejustifyingtherisk 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. butwho appears in person orbyattorney at the hearing. to offer evidence in support ofa 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. ifrequested. to enable the applicant to present rebuttal evidence. [19.15.1.35 NMAC- N, 8-15-03] 

## NEWMEXICO ENVIRONMENTAL IMPROVEMENTBOARD
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 PermitRevisions: (1) 

### Administrative permit revision procedures may be used only for those permitrevisions 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 ofa facility upon notification of the Department that the permittee has ceased operations ofthe source or facility; (d) 

### Incorporate a change in the permit solely involving the deletion from the permit ofa source or sources upon notification ofthe Departmentthatthe 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 of20.2.72.202 NMAC; (2) 

### The permittee shall apply for an administrative permitrevision byfiling 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 uponreceiptofthe notification bythe 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 permitto incorporate an administrative permit revision. B. Technical Permit Revisions: (I) 

### Technical permitrevision 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 ofthe permit; (b) 

### Permit revisions that incorporate a change in the permit solely involving additional equipment with a potential emission rate ofno 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 anyVOC; (c) 

### Permit revisions that incorporate a change in the permit solely involving the placement ofpermit 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 capacityand potential emission rates; (iii) 

### Has the same or higher control efficiency, and stack parameters which are at leastas effective in the dispersion ofair pollutants; (iv) 

### Would not result in an increase ofthe 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 ensurethe enforceabilityofthe 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 ofthe initial compliance test(s), provided that: i. 

### The test is performed in accordance with permit conditions; 

### (ii) Such adjustment occurs within six 

### (6) months ofthe 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 ofSignificantDeterioration); or result in allowable emissions which could contribute to a violation ofany National or NewMexicoAmbientAir QualityStandard; (v) Such request does not increase the permitted allowable emissions ofthe unit(s) on whichthe initial compliance test(s) have been performed by more than ten 

### (I0) 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 ofthe 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 ofa different type ofair pollution control equipment to existing equipment provided that such addition or substitution shall not result in an increase in the potential emission rate ofmore than one (]) pound perhour 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) 

### Permitrevisions that incorporate terms and conditions in thepermit such as a cap on hours of operation. limitations on throughput ofa specific product orproducts. or limitations on equipment capacity. for the purpose of reducing the potential emission rate ofa 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 bythe Departmentand 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 ofthe 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 ofreceipt 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 ofthis 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 anymodification to a source, and for revisions to anyterm 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 permitrevisions under SubsectionsA or B 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 permitrevisions 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) 

## NEWMEXICO DEPARTMENT OF GAMEAND FISH
This is an emergency amendmentto 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 Alake 26.00 E. Class Apark 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 (ifno acquisitionsto sourceherd during6 month period ofvalidity) (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 

### I0.00 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] 

## NEWMEXICO DEPARTMENT OFHEALTH 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.



## NEWMEXICO DEPARTMENT OFHEALTH PUBLIC HEALTH DIVISION

OFFICE OF EPIDEMIOLOGY TITLE 7 HEALTH CHAPTER4 DISEASECONTROL (EPIDEMIOLOGY) PART 3 CONTROL OF DISEASEAND CONDITIONS OFPUBLIC HEALTH SIGNIFICANCE 7.4.3.1 ISSUING AGENCY: New Mexico Department ofHealth. [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 ofthe office ofepidemiology ofthe department ofhealth. [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 ofa 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 ofpreventive 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 oforigin. 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

Ihereby certifythat acopy ofthe forgoing StatementofReasons for Adoption 

## was delivered to EricAmes, EnvironmentDepartment, Harold Runnels Building, Room N4050, 1190 St. Francis Drive, SantaFe, NewMexico 87501 and mailed to 

## Mr. Will_iam C. Scott, Attorneys for Association ofCommerce and Industry, Post Office Box2168, BankofAmerica Centre, Suite 1000, 500 Fourth Street, NW, Albuquerque, NM 87103- 2168 onAugust 28,2003. 

# );;.\,

# '~ ;;:, "\"'

# ~\\a.A;_,,\- 

# 0

# \~ecu~""' Geraldine Madrid-Chavez, Administrator .· Environmental Improvement Board Post OfficeBox26110 SantaFe, NewMexico 87502 (505) 827-2424 p (505) 827-0310 F

## STATEOFNEW 1\'IEXICO**E~ONNffiNTAL~~ROVEMENTBOARD**


## IN THE lviA

## TTER OF PETITION TO AMEND AIR QUALITY CONTROL REGULATION 20.2.72.219 NlvlAC STATEl\'IENT OFREASONS FORADOPTION The Environmental ImprovementBoard ("Board")heldaproperly noticedpublichearing

on July 1, 2003 on the Association ofCommerce and Industry's ("ACI") Petitionto amend the airquality control rule 20.2.72.219(B)(l)NMAC governingtechnical amendments to air quality permits. TheBoard, with Clifford Stroud andJeffThomas absent, heardtestimony andreceived exhibits from ACI and heard testimony in support ofACI's petition from the NewMexico EnvironmentDepartment. Atthe conclusion ofthis hearing, the Boardunanimously votedto adopt the rules amendments submittedby ACI and as setforth in ACIHearingExhibit 1. The amendments will allow afacility to obtain expedited technical permitrevisions designedto reduce airpollutantemissions. First, the amendmentadds subparagraph 

## (f) to 20.2.72.219(B)(l) NMAC so as to authorize a facility to add or substitute airpollution control equipmentprovidedthatthere is no increase in the potential emissionrate ofmorethan one poundperhour ofany pollutantfor which a federal or state air quality standardhas been set, or for total VOCs (volatile organic compounds). Second, the amendment adds subparagraph (g) so

as to further allow a facility to change permitterms and conditionsthatreduce the facility's potential emission rate. Bothamendments will result in an expedited and shortenedreview period for the proposedtechnical permitrevisions.

## Pursuantto 20.1.1.400(G)(5) and (6) NMAC, the Board states the following reasons for adopting the rules amendments. The Boarddetermines that adoption ofthe proposed amendments 

## will simplify and expedite thepermittingprocess for changing orinstalling air pollution control equipment, benefitthe environment, and encourage aregulatory structure that facilitates the reduction ofairpollutantemissions. Accordingly, theBoardhereby adopts the rules amendments submitted by ACI as ACIHearingExhibit 1.



## Date 

# ,Aug 1¥ '2003

# ~i)ir~~ Gay · mgh ,BoardChm