# HEARINGNUMBER

BRUCE KING

GOVERNOR 

### November 5, 1992 OFFICE OF THE GOVERNOR STATE CAPITOL SANTA FE, NEW MEXICO 87503

Mr. 

### B. J. 

### Wynne, Regional Administrator United states Envirornnental Protection Agency, 

### Region VI 1445 Ross Avenue, SUite 1200 Dallas, 

### Texas 75202-2733 Dear Mr. 

### Wynne: 

# 10
- DC]

(505) 827-3000



### 'Ihis letter is a formal request to revise the New Mexico state Implementation Plan (SIP) to meet the requirements of the 1990 Clean Air Act Amendments for a Small Business stationary SOurce Technical and 

### Envirornnental Compliance Assistance Program. 'Ihe attached SIP revision contains the requirements for establishing: 1) a New Mexico Envirornnent Deparbnent ombudsman; 

### 2) a New Mexico Envirornnent Department technic-...al assistance program; and 

### 3) a compliance advisory panel as required in Title V, Section 507(e) of the Clean Air Act 

### Amendments of 1990. 'Ihe following documents are enclosed for your review: A. A determination of SIP sul:::rnittal completeness and 

### checklist; B. A complete copy of the Revision to the New Mexico state Implementation Plan for a Small Business stationary SOurce Technical and 

### Envirornnental Compliance Assistance Program, as approved and 

### signed by 

### the Envirornnental Improvement Board's Cllairman, Mr. 

### Roy 

## s. Walker. 

## c. A 

### copy of an affidavit signed by Ms. 

### Barbara Rivera, Secretary 

### to the Envirornnental Improvement Board, which shows the date the public hearing notices were sent 

### to selected newspapers throughout the state; D. A 

### copy of the hearing notice; E. Copies of affidavits of publication from fourteen newspapers and 

### the New Mexico Register which published the notice; F. A copy of the transcript from the October 9, 1992, Envirornnental Improvement Board Hearing.

### Mr. B. J. Wynne 

### November 5, 1992 

### Page 2

As stated 

### in our SIP rev1s1on, I will direct formation of the Compliance Advisory Panel prior 

### to November 15, 1994. 

### In accordance with the carrnnitments in our SIP revision, I will be 

### appointing 

### two members 

### to the panel and 

### working with the state legislature and NMED 

### Secretary 

### to ensure the remaining panel members 

### are appointed. 'Ihe Albuquerque Envirornnental Health Department will submit a separate SIP revision for the local SBAP 

### program. You 

### will note that I intend to 

### establish one Compliance Advisory Panel 

### to serve small 

### businesses in Albuquerque as well as the rest of our state. 'Ihe state of New 

### Mexico 

### looks forward to 

### the creation and 

### maintenance 

### of a Small Business stationary source Technical and 

### Envirornnental Compliance Assistance 

### Program. Please call David Vackar, Envirornnental Protection Division Director, at (505) 827-2850 

### if you have any questions regarding 

### this letter.**S~ely,** 

# t /

l I /

_ )/yC'-

# ;1 /1 v:;.::- v- . ' ' ( ' 

### Bruce King Governor 

### BK:CWjsl

xc: Judith Espinosa, Secretary, NMED

### APPENDIX A
SIP COMPLETENESS CHECKLIST

# (_ SIP Completeness Checklist (1/89) When preparing a SIP revision request 1 

### p1ease go t.hrough this list to he1p you identify whether you have a complete package to send to EPA.

1. 

### FOR REGULAR PROCESSING 1 

### the package is be:ing sent with a formal submittal letter from the Governor or his or her designee requesting EPA's approval of the revision. 

### YES -orFOR PARALLEL PROCESSING, a formal letter from the Governor or his or her designee requesting that EPA propose approval of a proposed revision by parallel processing. yes no
2. 

### FOR REGULAR PROCESSING, evidence that the State has adopted the revision in the State code or body of regulations, or that the State has issued the permit, order, consent agreement (hereafter document) in fi.nal form. This evidence would i.nclude: date of adoption or final issuance 

# 0 yes D no See cover sheet of SIP revision.


### effective date of revision, if different from adoption/issuance date Dyes D no**~or** 

### FOR PARALLEL PROCESSING, a schedule for final adoption or issuance included in the State's request for parallel processing. Dyes D no
3. 

### FOR REGULAR OR PARALLEL PROCESSING, evidence that the State has the necessary legal authority under State**la~pt** 

### and implement the revision, e.g., a citation**of.;b:eft~"""'"'.e~r~,,** 

### appropriate state authority. 

## /t::--..; 

# It: \.?:"'



# I l**~~** 

# .**~~** 1 X 

### yes no See Section 

### 74-2-5.1 (E) /;

# ~(~**.-~;~--'0** of the NM Air 

### Quality**~~ ~'C.C'O::;,** 

## .._,y\ Control Act. i>,\\\<L:';, :ll'·

### Please comment on any "no" responses given to a.ny of the above questions.

You should include the following technical information in your SIP revision request package, whether for REGULAR PROCESSING OR PARALLEL PROCESSING. Whether you include all of this information will depend on the nature of your request. If you have any questions, please contact the regional office before sending the request for a SIP revision. 1. 

### Identification of all regulated pollutants affected by the revision. Dyes D no not applicable Comments:
2. Identification of the locations of affected sources including the EPA attairunent/nonattainment designation of the locations and the status of the attainment plan for the affected area(s). Dyes comments: D no 

# 0 not applicable

3. Quantification of the changes in SIP allowable emissions from the affected sources. Estimates of changes in current actual emissions from affected sources or, where appropriate, quantification of changes in actual emissions from affected sources through calculations of the differences between certain baseline levels and allowable emissions anticipated if the revision were approved. D yes D no 

# [J not applicable Comments: 4. 

### Demonstration that the NAAQS/PSD increments/RFP demonstration/visibility would be protected if the revision were approved and implemented. yes no 

# GJ not applicable Comments:

3

### 5. Modeling information required to support the proposed revision. This should include: input data output data models used justification of model{s) selected ambient monitoring data used meteorological data used justification for use of offsite data (where used) modes of models used assumptions other information as needed Comments: yes no n/a

6. Evidence, where necessary, that emission limitations are based on continuous emission reduction technology, e.g., add-on controls, industrial/process equipment designs, reformulated materials, etc. yes 

# D no 

# 0 not applicable comments:

7. Evidence that a revision contains the following where necessary to ensure stated emission levels: emission limitations work practice standards recordkeeping;reporting requirements Comments: yes no not applicable

4

### 4. FOR REGULAR PROCESSING, a copy of the actual regulation or document submitted for approval and incorporation by reference into the SIP that has been signed, dated, and stamped by the appropriate State official. yes See Appendix B of this package. 

### -or FOR PARALLEL PROCESSING, a copy of the proposed/draft regulation or document. yes no
5. 

### FOR REGULAR PROCESSING, evidence that the State followed all the requirements of its Administrative Procedures Act (or equivalent) in the adoption or issuance of this document. This evidence may be:

a checklist of required steps, or
a copy of the requirements with each step clearly identified, or other appropriate documentation Dyes Board Chairman's signature on SIP cover sheet indicates proper procedures were followed. 

### 6. 

### FOR REGULAR PROCESSING, evidence that public notice was given of the proposed changes consistent with the procedures approved by EPA, including the date of publication, e.g., notarized or certified copies of any public notices published in newspapers. yes See Appendixes C,D, and E of this package.


### 7. 

### FOR REGULAR PROCESSING, certification that public hearing(s) was;were held in accordance with the information provided in the public notice(s) and the State's Administrative Procedures Act (or its equivalent), if applicable. yes no Same comment as item #5 above.


### 8. 

### FOR REGULAR PROCESSING, a compilation of public**co~~ents** 

### and the State's response. y 

### s no There were no public comments given.

### 8. Compliance/enforcement strategies including how compliance will be determined in practice and at what frequency.

yes no not applicable Comments: 

### 9. As appropriate, special economic and technological justifications per applicable 

### EPA policies. For example, the following types of requests may require such justification:
alternative RACT**long~term** 

### averaging of 

### voc emission limits "bubble" other special economic or technological justification as requested Comments: yes no not applicable

5

### APPENDIX B
SIP REVISION

### october 9, 1992

state Implementation Plan Revision for the
Small Business 

### stationary Source 

### Technical and Environmental COmpliance Assistance Program 

### required by 

### Section 507 of the Clean Air Act Amendments 

### of 1990

New 

### Mexico 

### Environment Department Air Quality 

### Bureau
before the Environmental Improvement Board



### Considered and. 

### approved by 

### the Environmental Improvement Board 

### on this 

### day of October , 1992 • thINI'RODUCITON


### Section 507 of the 1990 Clean Air Act 

### Amendments (90CAAA) requires each state to sul:mit a revision to the federally-approved SIP (state Implementation Plan) by 

### November 15, 1992, to establish a Small Business stationary SOUrce Technical and 

### Environmental Compliance Assistance Program {SBAP). Small business eligibility for participation in the SBAP is defined in Section IV of this SIP. 'Ihis revision to the SIP is in the fo:nn of a narrative conunitment for full implementation of the SBlW by 

### a date which will coincide with the effective date of the state's operating permit program, but no later than 

### November 15, 1994. 'Ihe schedule and 

### conunitment contained in this SIP specifies how and 

### when each element will be placed into full operation by 

### the NMED. statutory Authority 'Ihe Governor has 

### the authority to create panels and 

### dete:nnine the appointment process. 'Ihe New Mexico Air 

### Quality Control Act 

### provides specific state authority in Section 74-2-5.1., "Duties and 

### Powers of the Department and 

### the local Agency", which states, 'Ihe Department and 

### the local agency for their respective jurisdictions shall:

... E. establish a small business stationary source technical and 

### environmental compliance assistance program, consistent with the provisions of Section 507 of the federal act;
... In 

### general, the SBAP includes three key components, which are briefly described below, followed by 

### a more detailed description for each component. 

### summary of the Small Business Assistance Program 1. 

### Designatinn of a state 

### office 

### to serve as Onhndsman 

### far small 

### bls.inesses 

### in ca:mect:icn with the 

### iDplement:a:ticn of the 

### 90CMA; 'Ihe Small Business Ombudsman 

### will be attached to the Office of the NMED Secretary. Coordination between the ombudsman and 

### technical staff will be most effective with the Ombudsman 

### located in the NMED Secretary's Office. 2. 

### Estahlisment of 

### a small 

### blsiness assi.stanoe 

### pu:gram (SBl\P) 

### far providing 

### tedJn:ica1 and a:mpli.anc:e 

### assi.stanoe 

### to small 

### blsinesses; 'Ihe technical position(s) will be in the NMED 

### Air Quality Bureau's Control**stra~/SIP** 

### Section 

### to give small 

### businesses correct technical, permitting and 

### compliance infonnation for all applicable 90CAAA Title V, Title I, Title III, SIP and 

### other requirements. 3. 

### Creaticn 

### of 

### a Ck:llpli.anc:e 

### Mvi.sary Panel 

### far 

## determ.i.ni.n.J the overall 

### effectiveness of the SBl\P. 

### '!he Governor will create a Compliance Advisory Panel of seven members. 

### '!he 90CAAA requires a panel of not 

### less than 

### seven members with specifications regarding selection of each member. '!he Governor will appoint 

### two; legislative leaders will appoint four as specified in Section 507(e) of the 90CAAA; and 

### the NMED Secretary will appoint one panel member. 2

### A budget will be established. through Title V funding 

### for expected 

### activities of the NMED Ombudsman, 

### the NMED Air 

### Quality Bureau Technical and 

### Compliance assistance program, and 

### the advisory panel. More detailed. information on the three components is contained. in the remainder of this SIP. Albuquerque Small Business Assistance Program 'Ihe Albuquerque/Bernalillo County Environmental Health Department, which has 

### responsibility for the local air program, must also implement a Title V operating permit program and 

### a small business assistance program and 

### will have an Ombudsman and 

### technical permitting and compliance Small Business Assistance Program staff. 'Ihe Compliance Advisory Panel created. by 

### the Governor will serve for both the state and 

### local SBAP programs. 'Ihe Albuquerque air program will have a public hearing before the local Board 

### on their SIP revision for the Albuquerque/Bernalillo County SBAP, which is also due 

### to EPA by 

### November 15, 1992.
I. THE NMED <M3UDSMAN 

### 'Ihe Ombudsman 

### will be located. in the Office of the NMED Secretary and 

### will be appointed. before November 15, 1994, 

### to represent the interests of small businesses, as they relate 

### to the implementation of section 507(a) (3) of the 

### 90CAAA. 'Ihe NMED Secretary is the state equivalent 

### to the EPA Region VI Administrator with respect to implementation and 

### responsibility for environmental programs. 'Ihe Ombudsman 

### will be capable of representing small business concerns 

### to the state air pollution control agency by 

### location in the Office of the Secretary. As appropriate for the function of the office, the Ombudsman 

### will have access 

### to in:li viduals or governmental units such as the Secretary of the Envirornnent Department, the Governor's office, the Attorney General, and 

### others through location in the Office of the Secretary, 

### to ensure the views and needs 

### of small business are considered. 'Ihe Ombudsman 

### will have sufficient capability and 

### resources to identify problems and 

### make recarmnendations as they relate 

### to implementation of the SBAP. 'Ihe Ombudsman 

### will establish a relationship with other representatives of small business in 

### state government by 

### means of coordination initiated. by 

### the Ombudsman and 

### will assist in establishing a clearinghouse mechanism for providing referrals of small business 

### to the SBAP for info:rmation. As authorized by 

### existing state law and 

### regulations for access 

### to info:rmation, the Ombudsman 

### will have the authority to obtain data available to the public from other state agencies. SUfficient resources, such as printing and 

### rna.iling costs, will be provided 

### to the NMED Office of the Small Business Ombudsman to 

### enable that office to 

### discharge its 

### new responsibility effectively. Resources will be rna.de available

3

### through 90CAAA Title V fees when regulations are prepared and became 

### effective at the state level. 'lhe ombudsman 

### will also assist in 

### providing information regarding the SBAP to 

### small businesses by 

### addressing trade associations and 

### other 

### industry groups, assisting with seminars, workshops and 

### preparation of outreach materials.

II. NEW MEXIffi ENVIRONMENT DEPARIMENT SMALL BUSINESS ASSisrANCE PROGRAM 'lhe technical component of the SBAP will consist of state technical expert(

### s) who will respond 

### to requests for assistance from small businesses. 'lhe staff will be located in the 

### Air Quality Bureau's Control Strategy /SIP section, and 

### will be able 

### to respond to pennitting and compliance questions. 'Ihrough use of available training, SBAP technical staff will include personnel reasonably knowledgeable in Title V pennitting rules and 

### SIP development and 

### enforcement. If additional help is needed, SBAP technical staff will be able 

### to confer with other technical 

### experts in the Air Quality Bureau and 

### EPA in order 

### to provide the appropriate technical assistance to small hlsinesses. 'lhe NMED estimates, based 

### on its current analysis of eligible sources, predominantly non-major sources under Title V and 

### Title III, that two-to-three full-time technical positions, whose primary responsibilities will be the NMED SBAP, will ultimately be sufficient for this component. 'lhe NMED will fill the staff positions in stages as necessary based 

### on workload as new 

### sources categories are regulated by 

### EPA under Title III of the 90CAAA. 'lhe NMED may defer pennitting of non-major sources as allowed in 

### EPA's Title 

## v pennitting regulation promulgated in the Federal Register on June 25, 1992. Adequate mechanisms will be established to meet the req_uirements of section 507(a) (1,2,4-7). 'lhese mechanisms will include the following programs: A. Adequate mechanisms for developing, collecting and 

### coordinating information concerning compliance methods and technologies for small hlsiness stationary sources, and 

### programs 

### to encourage lawful cooperation a:IOC>ng such sources and 

### other persons 

### to further compliance with this Act. 

### A m.nnber 

### of the 

### mechanisms are described below: 1. A process will be developed for addressing trade associations and 

### other industry 

### groups as appropriate. 2. Public service announcements (PSAs) 

### may be prepared as appropriate and 

### suhnitted for broadcast. seminars and 

### workshops will be conducted as appropriate. 3. Available resources such as the Control Technology Center (CI'C) , 

### the 

### Emissions Measurement Technical Information Center 

### {EMI'IC) and 

### other U.S. Envirornnental Protection Agency 

### (EPA) services will be used 

### as feasible to 

### acquire technical information with which 

### to assist small businesses. 4. Information will be exchanged with the air agencies of neighboring states as appropriate. 4

### 5. Coordination will be done with other agencies and organizations to help refer small businesses to the Small Business Assistance Program. A clearinghouse or other process may be established to aid in referring small businesses inquiries to the SBAP for information. 6. A hotline telephone number will be designated or established for the NMED SBAP program. It will serve as the SBAP hotline. It may be a toll free hotline. 7. Information packets will be developed and 

### distributed to small businesses upon request. The NMED's 

### Air Quality Bureau SBAP technical and 

### compliance staff will provide the 

### activities listed below using a number of the 

### methods and 

### techniques described in 

### items 1 through 7 above, i.e., information packets, preparation of PSAs, 

### mail outs, and 

### coordination through other agencies and 

### organizations. B. Adequate mechanisms to assure that small business stationery sources receive notice of their rights and 

### obligations under this Act 

### in such 

### manner and 

### fonn as to assure reasonably adequate time for such sources to evaluate compliance methods and 

### any relevant or applicable proposed or final regulation or standard 

### issued under this Act. 

## c. U};x>n request of an eligible small business, provide a listing of auditors who have notified the SBAP that they are qualified to perfonn audits or inspec

### tions of a source to detennine compliance with applicable air quality regulations. D. Procedures for consideration of requests from a small bus.iness stationary source for modification of: 1. any work practice or technological method of compliance, or 2. the schedule of milestones for implementing such work practice or method of compliance preceding any applicable compliance 

### date, based 

### on the technological and 

### financial capability of any such small business stationary source. No such modification may be granted unless it is in compliance with the applicable requirements of the 

### Clean 

### Air Act, 

### including the 

### requirements of the New Mexico 

### state Implementation Plan, and 

### the 

### New Mexico 

### Air Quality Control Act. 

### Where such applicable requirements are set forth 

### in federal regulations, only modifications authorized in such regulations may be allowed. E. Adequate 

### mechanisms for assist.ing small business stationary sources with pollution prevention and 

### accidental release detection and 

### prevention, including providing information concerning alternative technologies, process changes, prcx:lucts, and 

### methods of operation that help reduce air pollution. F. Adequate 

### mechanisms to assist small business stationary sources in 

### detennining applicable requirements and 

### in receiving pennits in 

### a timely and 

### efficient manner. 5III. NEW MEXICD COMPLIANCE ADVISORY PANEL 

### 'Ihe Compliance Advisory Panel created by 

### the Governor will serve for roth 

### the state and 

### local SBAP programs. 'Ihe Governor will create a CoroplianC'...e Advisory Panel consisting of seven indi victuals and 

### members who will be appointed before November 15, 1994. 'Ihe Compliance Advisory Panel shall consist of:

a. Two members, who are not O'iiJflerS, 

### or representatives of O'iiJflerS, 

### of small business stationary sources, selected by 

### the Governor to represent the general public; b. Two members selected by 

### the state legislature who are O'iiJflerS, 

### or who represent O'iiJflerS, 

### of small business stationary sources (one member each by 

### the majority and 

### minority leadership of the lower house, or in the case of a unicameral state legislature, two members each shall be selected by 

### the majority leadership and the minority leadership, respectively, of such legislature, and 

### subparagraph (C) shall not apply) ;
c. Two 

### members selected by 

### the state legislature who are 

### owners, or who represent O'iiJflerS, 

### of small business stationary sources (one member each by 

### the majority and 

### minority leadership of the upper 

### house, or the equivalent state entity); and 

### d. One member selected by 

### the head of the deparbnent or agency of the state responsible for air pollution pennit programs to represent that agency. 'Ihe NMED secretary will appoint the NMED panel member from NMED to provide the panel with knowledge of the 90CAAA and 

### the pennitting and 

### enforcement program. For example, the NMED secretary may appoint herself or the Envirornnent Protection Division (EPD) Director or staff within the 

### Department. 'Ihe Compliance Advisory Panel has 

### the following duties: 1. 

### Render advisory opinions on the effectiveness of the SBAP; difficulties encountered, and 

### degree and 

### severity of enforcement. 2. Prepare periodic reports to the EPA on the compliance status of the Small Business 

### stationary Source Technical and 

### Envirornnental Compliance Assistance Program and 

### SBAP following the intent of the provisions of the Paperwork Reduction Act, 

### the Regulatory Flexibility Act, and 

### the Equal Access 

### to Justice Act; and 

### 3. Review information prepared by 

### the SBAP for srna.ll business 

### stationary sources to assure such information is understandable to the 

### non-technical person to the maximum extent possible given the nature of the 90CAAA. 'Ihe NMED 

### Air Quality Bureau Small Business 

### stationary Source Technical and 

### Envirornnental Compliance Assistance Program will serve as the secretariat for the development and 

### dissemination of such reports and 

### advisory opinions.

6

### 'Ihe implementation and 

### maintenance of the SBAP will be 

### supported by funds 

### derived from Title V requirements and, for that reason, timing of SBAP implementation to coordinate with timely adoption of the Title 

# v permit regulations, including fee regulations, is critical.

IV. ELIGIBILITY DEI'ERMINA.TIONS 

### Small business stationary sources which 

### qualify for tlle Small Business Assistance Program are defined 

### in Section 507 (c) (1) of the 90CAAA as a stationary source that: (A) is owned or operated by 

### a person that employs 100 or fewer individuals; (B) is a small business concern as defined .in 

### the Small Business Act; 

### (C) is not a major stationary source; (D) does not emit 50 tons or more per year of 

### any regulated pollutant; and 

### (E) emits less than 75 tons per year of all regulated pollutants. 'Ihe NMED will establish a method for detemining the eligibility of small business stationary sources to receive assistance under this program which 

### includes an evaluation of a source's eligibility using the criteria listed above from Section 507(c) (1) of the 90CAAA. Sources that do not meet the criteria of Sections 507(c) (1} (C-E) of the 90CAAA, and 

### which 

### do not emit more than 

### 100 tons per 

### year of all regulated pollutants, may petition the NMED for grants of

.eligibility under the SBAP. NMED will develop a method for evaluating petitions. Any grants of eligibility considered by 

### the NMED will be 

### granted only after public notice and 

### canunent. Sources or source categories with sufficient financial and 

### technical resources to meet their obligations under the 90CAAA may be 

### excluded by 

### the NMED from receiving assistance under the Small Business Assistance Program. Any exclusion by 

### the NMED of sources or source categories from the 

### SBAP, will occur 

### in consultation with the EPA Administrator and 

### the Administrator of the Small Business Administration and 

### only after public notice and 

### opportunity for public hearing.

7SUMMARY SCHEDULE



### NMED SBAP SIP niPLEMENTATION



# ---------------------------------------------
August 30, 1994

November 1, 1994

March 

### 30' 1994


### June 30, 1994

November 1, 1994

July 30, 1994

September 

### 30, 1994

November 1, 1994

November 15, 1994 NMED Ombudsman 

### will be 

### appointed.

NMED Ombudsman 

### will be 

### fully capable of carrying out responsibilities.

SBAP technical and compliance staff positions will be 

### created in the 

### Air 

### Quality Bureau. First SBAP technical and compliance staff position will be 

### filled.

First SBAP technical and compliance staff member 

### will be 

### capable of meeting responsibilities. Additional SBAP staff will be 

### hired after November 15, 1994, 

### as needed.

'Ihe New Mexico compliance Advisory Panel will be 

### created

'Ihe New Mexico compliance Advisory Panel members will have been appointed consistent with the 90CAAA.

'Ihe New Mexico compliance Advisory Panel will be 

### fully capable for fulfilling its duties. 

### state SBAP program will be 

### in operation.

8

### APPENDIX C
HEARING NOTICE AFFIDAVIT

### STATE OF NEW MEXICO ss COUNTY OF SANTA FE

A F F I D A V I T I, Barbara Rivera, being duly sworn and upon oath state that: 1. As secretary to the Environmental Improvement Board of the State of New Mexico, I am responsible for all duties involved in this office. 2. On August 17, 1992, a notice of public hearing to consider proposed amendments to the Air Quality Bureau's State Implementation Plan (SBAP) was mailed to the following newspapers: the Alamogordo Daily News, Albuquerque Journal, Artesia Daily Press, Carlsbad Current Argus, Farmington Daily Times, Gallup Independent, Grants Daily Beacon, Hobbs Daily News, Las Cruces SunNews, Las Vegas Daily Optic, Lovington Daily Leader, Raton Range, Roswell Daily Record, and Silver City Daily Press, for publication
as soon as possible upon receipt. 3. I also mailed the notice of public hearing to be published in the New Mexico Register on August 17, 1992. The notice was published on August 31, 1992 and which appeared in Volume III, Number 16 of the Register. 4. In addition, those persons requesting such notification were also sent the public notice following the list held in this office.

Barbara Rivera
SUBSCRIBED AND SWORN to before me this 15th day of September, 1992.

My Commission expires: 

# 03-CO -C\(oAPPENDIX D


### HEARING NOTICE< \. 

### NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD NOTICE OF PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO AIR QUALITY BUREAU'S STATE IMPLEMENTATION PLAN The New Mexico Environmental Improvement Board will hold a public hearing on October 9, 1992, beginning at 11:00 a.m., in the Auditorium of the Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, New Mexico, to consider proposed revisions to New Mexico's Air Quality Bureau's State Implementation Plan. The proponent of the plan is the Environment Department. The proposed nonregulatory State Implementation Plan revisions are to meet the Small Business Assistance Program (SBAP) requirements of the 1990 Federal Clean Air Act Amendments, Section 507. The proposed plan may be reviewed during regular bus.iness hours at the office of the Environmental Improvement Board, Harold Runnels Building, 1190 St. Francis Drive, Room S-4310, Santa Fe, NM and copies may be obtained by contacting Bill Blankenship, Health Program Manager, Air Quality Bureau, P.O. Box 26110, Santa Fe, NM, telephone number 827- 0075. The hearing will be held in accordance with the Air Quality Control Act, Section 74-2-6 NMSA 1978 and the Board's Guidelines Governing hearings. All interested persons will be given a reasonable opportunity at the hearing to submit relevant evidence, data, views, and arguments, orally or in writing, to introduce exhibits and to examine witnesses. Persons desiring to present technical testimony shall submit to the Board a written statement of intent to do so. Any person who will paraphrase, summarize or read from a prepared statement must submit the written testimony together with the statement of intent. The notice of intent shall include:

name and qualification of each technical witness; the name of the person proffering the witness; whether the person proffering the witness is a proponent, opponent, or interested party; describe the nature, subject and anticipated length of the testimony; identify the specific aspects and proposed action along with alternative language proposal where appropriate; list and describe technical exhibits to be offered in connection with the witness' testimony. Notices of intent with the written statements, or written statement to be incorporated into the public record must be received in the Office of the Board not later than 5:00 p.m. September 25, 1992 and shall be entitled: "Statement for the public record regarding proposed amendments to the Small Business Assistance Program SIP: October 

### 9, 1992." Note: The Board may convene a meeting after the hearing to consider action on the proposal. ss/Roy S. Walker, Chairman

### APPENDIX E
AFFIDAVITS OF NOTICE PUBLICATIONSTATEMENT Bought of

# Alumngnr~n

# lluily N ttus

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Publi•hod Daily Excttpl Sai\Jrday General Circvlolton In Otero County, New Mexico (I·

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### ;:;;· I)IHEF:: 1. 7 7 

## *

All accounts are due and payable upon receipt of this statement. I : • 

# --·

# Affidavit of Publication
ALAMOGORDO, STATE OF NEW MEXICO, COUNTY OF OTERO.

Thomas W. Reeves being duly sworn, on oath says that he is the 

### Publisher of the Alamogordo Daily News, a newspaper of daily circulation, published and printed in the English language at the city of Alamogordo, Otero County, State of New Mexico. That the Alamogordo Daily News has been regularly published and issued for more than nine months prior to the date of the first publication hereinafter mentioned.
That the attached notice was published

_**__,.Oan.._,e~.l.-(**_..1-J.)

___ times in One ( 1) issues of said newspaper, and not in
any supplement thereof, the first publication being on: 

### August 24 19**-=~-==~~~---,** 9 2 , and subsequent publications being on: ----------

That said notice was published in accordance with the laws 

### of the State of New Mexico.

Subscribed in my presence and sworn to before me this the 

### 25th day 

### 92

# of~**l~,l9**

# ~**--"-~""'-=7'-o·""'to_a_ry----.,P_u_,_b,_lic-.--** My commission expires

__**__.::J::...u=n'-"e=--::::.8-L,--'1"-.9~9_,6'-----**

Publication fees: $ 

### 30.39 (KJ63.4- puolshed "' the AJaiT>OQOidO Doily N6'wc August 24. 1QQ2.) t-£W MEXlCO Er-NIOOI'MNTAL IMPQO'v1:MENT 80AAO NOllCE Of PUBUC HEAAING TO CONSIDER PROPOSED AMENOMENlS TO AIR QUALITY 8UREAU"S STATE iMPlEMENTATON P\AN

The New Mexlc:o ErMronmentol lrr\pll:lYement 8oord will OOid a pubic heorlng on Oc1obef 9. 1W2. beglnnlng at 11:00 a.m.. n the Audlotlum ot !he Harold Rumela Building. 1190 St. Flancls D-ive, SonloFe. NewMulco. to cororb!W ptopoeed ,..;.. &lonl to New Meldco'a Ail Quality Buoeou•• State lmpiemenlatlon Plan.

The**proponet~t**or !he plan il !he Efwioonment**~** ment The ptl:)pOCied I'IOtVitgUololy Sla1lt**lmpio~menjo** llonPb1rEIWb'lloreto**~Met** the Smal Buli'le8 Aaislance Progam (S8AP) requtemen111 oflhe 19';()FederalCleanAil Act**A~nB, ~~**  507. The proposed plan may be**r~** during regUclr bt.lslnea**~** at 1heotncaot the Enviormenta lmproo..oe- ment Board. Harold Rumela Building, 1190 St. Francis Drive. Room 5-4310,SanloFe. NM and oopiec may be obtained by cantacHng BUt Blankenahlp. Health**Prog~am** Manager.Ail QuaUty Bureau. p 0.Box 26110. Santo Fe.fiN lelepnono I"UTV::>er 827.am.

The l'leclmg w1l be held In accordance lollth the AJf Quolty Comlol Act. Section 74-2-6 NMSA 1971S and !he Board'l**~** G<MIIInlng t-.eamga.

AI lnlefesled penons will be gillen a IQQ800Clble Opportunity at the hearing to IUbmlt releYOnt evidenoe. da1a• ....,..,._ and orgumenil. OI"CIIIV ex n ...mng. to nnoduceexN::lltaandto examine wttnesse&. PenoN deslfing to present le<:::t"orOcol testimony lhall IUbmlt to 1he Boord a wriffen llatamentot lnlentto dO 10 Arr( peliOn ...no will paraphrase. IUmmartre 01 reod from a prepared**~** moot muat IIA:lmlt the....m.n tecllmony together IOii1l\

.... a1atement ot ntent. The no- 11oe ot Intent lh:ll lnctudlt: name and quaiM'cotlon ot eoc:n ted"ri::cl**~** ... name ot the**~** p!OI'Ieflng !he**~** whelhef

... pe<IOn proffemg the**~** Ill a proponent.**~t.** 01 lnte<eslad fX1I1Y; des::ltle 1hCI nature. ll.bjeCt and CW"Itldpalad lengltl ot the ,_._ monv: ldenttvthe**apec~~c.,..** pec1l and PA:lPOI8d ac11on alOng """" !he altemalt¥8**Ia~** propoaal ""'"'

... appjOQIIote: liltandde«:rbD**~** a::fN:)I1a to be of. l'efed In CQjwl8dlon wtl!1 1hCI**~-** testrnony.

Not1cel ot lnlenl w!ltl the wriffen 11olemonta. 01 """"'" m:nement to be inc:c)jproled lnlo !he pubic reco«:: rTUt be**~** In 1hCI Ot'llcre ot tho Board not lot« th<ln S:OO p.m. Sepiemb8f25, 1992 and .nat be onlled:**--s~** fof the pubicreco«:1 regardIng ptopcMd amendmenil 11:1 the Small euar- ,.. tor.c:o f'looga'n SIP: Oc-ll:lO« 9. 1992."

Note: The Boord mayc:on- ..-ene a moot1ng atlel ht hearing11:1 conlidefac11onon !he ptopoeal.. 11/Aoys. W<::ill:er. Choln'nan

### STATE OFNEWMEXICO County ofBernalillo ss ThomasJ.SmithsonbeingdulysworndeclaresandsaysthatheisNationalAdvertising managerofthe AlbuquerqueJournal ,and that thls newspaper is duly qualified to publishlegalnoticesoradvertisementswithinthe meaningofSection 3.Chaper 167, SessionLawsof1937,andthatpaymenttherefore has beenmadeorassessedas court costs; thatthe notice, acopyofwhich is hereto attached, was published in said paper in theregulardaily edition, for ...............

### J

............................!imes, the firstpublication beingon the

....

### ~.~•.day of

........................

# ~........................, 1992,and the subsequentconsecutive publications on...................

# .;:u ........................, .......;.............**!~"J!'l"'"''"""'** 1992

. ...;...( --11>

. / : ,-.) ·"

### .;:;f'"~.

### .r~ .-/_**J.Jr·.--~.** ,.,....,, ..•· \..

CLA-22-A (R-12,192) Sworn and subscribedtobeforeme, aNotaryPublic in and for the County,ofBemalillo**a~~f**New Mexico, this

...

### ~.'±

### ..... day of......

........ 1992. PRICE

.......................

# ~-~;.~........................ Statement tocome atend ofmonth. ACCOUNTNUMBER

.......

# C..Z.d~.J.b

# ..............

# AffidavitofPublication

No. 

### 14064 STATE OF NEW MEXJCO, County ofEddy:

_ _;;G:l;.._::ryc"'-.:::0-=·--==S-=c-=-o-=t...:.t

___________ being duly
sworn, says: That he is**the~Pub~~l~~'~sh~e~r** ____________ ofThe Artesia Daily Press, a daily newspaper of general circulation, published in English at Artesia, said cotmty and state, and that the hereto attached Legal Notice

was published in a regular and entire issue of the said Artesia Daily Press, a daily newspaper duly qualified for that purpose within the meaning of Chapter 167 of the 1937 Session Laws of days the state ofNew Mexico for

. .=1'----

___ consecutive weeks on the same day as follows: First Publication

__**.........:.A=--u~gu"--'s"-tc...._:2::...1"-'-,**_1::..9=--9=--2::::.._

_____ _ )e<:ond Publication.

______________ _ Third Publication,

_________________ _ Fourth Publication / / 

# / 

# /:' 

# :? /7/

. .<::::1 /AY::;z

# JA 

# aU

Subscribed and sworn to before me this

_ __,7'-'th'"-"--

_ ___:day of September**19~** 

# .aq-t.L:.. -<-<--

# .da,-

J

# ~&?--4-=c:;? NotaryPublic, EddyCounty, New Mexico My C<>mmission expires September 

### 23, 1996

### ~·..

### ~ LEGAL

### ~OTicE**~** 0 

# Cl;···**~** NEW**~co :'~r:**  

# ion

,**ENVIRONMENTAL.~.-,** , IMPROVEMENTBOARD -·**,)~911CE,**

### oF PUBUC HEAR- .:··"'·" · ·' lNG,...., ' ' ·. · .**~** 

### TOCoNSIDERPROPoSED**~** , AMENDMENTS TO

. AIR QUALITY BUREAU'S • ..STATEIMPLEMENTATION 

### ; _. · ..:-, ..PLAN.'..._· 1,. •

, TheNew**M~ F'.nVtro~** 

tal Improvement Bi;)a.rd will hold a public hearing"on OCtober 9, 1992, beginning at _I1:00,14J4;

### P1 the Atlditorlum • of the Harold Rlllllld.s Baild- 

### :.,!:tit. 

### li9o St: 

## .r.ranas Drive, : Santi

## ft. NeViMe:dro, ID con-

, aidetj:Jfopo'sed reviSions to 

### ' New Mctico'sMr'Qoality bu-**~·s ~ta.te**  Implementation

### The-~'Q( the plan is

the Ezitiro!llllCri't•

### i:>epartrnent The proposed fionregulatory State Implementation Plan revisions are to meet the Small Biisiness-Assistance Program (SBAP) requirementJ ofthe 1990 federal Clean,,Air Act Amendments, Section

### ;-~--~-~ed- .a·

### """''~tail may e**~vtew** unng·regular bll.mle$S hours at the office of the Environmental improve-**'~** Board,. Harold Ronne1.s .:Buil_ding, U 90;St. Francis**·-Drin;--R«>in~to.-** Sinta**·~** 'Fe, Nu-a.iiir

___ 

## ma 'be-o'b- r,;:. ) • . . ,copleS

. y .

talJ!edby contacting Bill 1 Blankenship, l16alth Program

Manager, Air Quality Bureau, P.O. Box 26110, SantaFe, NM, telephone number 827-**007~** .. :.•·:.**~** The liearlng. will

### peheld in accordance with the Air Quality Control Act. Section 74-2-6 NMSA 1978 and the Board's Guidelines Governing hearings..

. AD interested pei'son$ will be given a reasonable opportunity at tbe hearing to submit rel4> vant evidence, data., views, and**a.rgtunct~ts,** orally or in writing. to introduce**~lu'bitJ** and to exanrlne**witnes~** Petsons cksiring topresent techni· cal**~y** shall rrubrrrlt to the Board a written statement ofintent to do so. Any person who will paraphrase. summarize or read from a prepared statementmostsubmitthe written testimony together with**the~~**ofintentTheno-**~-** ticeo(!ntent**sh~** lnchufe: !Wileandqualification ofe3cb \ t.eclmica1 witnesl;:.-.**~**. . . 1

### ·the 

### Dlsme ofihe**;~** prof- '. fc:riDg**the~·** ,:;. :e.. .i

wbetbet'dlo& penoo'proffering

## f:~"'7in~ op-

.duen'be the natlite, subject :-:and**Wiclpat~** length'of 1bc**~** · ·, r·u •-4·)-.J."·**~~t <!'1;.)ig~~!-** **~~**

a.nd

### pTopose~tioil~ong**,~**

# ;/:;O:rJi:::!ive_**I~:n~ng_ate,** • d • appropnate;. list an describe technical e3:·

# Affidavit ofPublication State ofNew Mexico, County ofEddy, ss. E. C. Cantwell, being first duly sworn, on oath says: That he is publisher of the Carlsbad Current-Argus, a newspaper published daily at the City of Carlsbad, in said county of Eddy, state of New Mexico and of general paid circulation in said county; that the same is a duly qualified newspaper under the laws of the state wherein legal notices and advertisements may be published; that the printed notice attached hereto was published in the regular and entire edition of said newspaper and notin supplement thereof on the date as follows, to wit:



### __ A_U_G_U_ST_2_6

_____ , 19**~** 

### ------------' 19-- -------------' 19

--

___ ,19

__ that the cost ofpublication is $ 3 3 · 9 9 , and that payment thereof has been made and 

### will be

## asses~r~~

# Cert**CC!~**

Subs.cribed and sworn to before me this

### ~day of.

# ~T 1,19 

### 92

_

# Wicw§?~ My commission expires

__ 

### 7...:./_2_2....;/:...__9_6

__ _ Notary Public August26, 1992 HE'llMEXJCO ENVIRONMENTAL IMPROVEMENTBOARD

H0nCE OFPUBUC HEARING TO CONSIDER PROPOSED AMENDMENTS TOAIR QUAUTY BUREAU'S STATE IMPLEYEHTATIONPLAN The New Mexico Environmental Improvement Board will hold a public hearing on Oc1Dber 9, 1992, beginning at 1 1:00 a.m., il lhe Auditorium of lhe Harold Runnels Building, 1190 St Francis Drive, Santa Fe, New Mexico, to consider proposed revisions to New Mexico's Aif Quality Bureau's State Implementation Plan. The proponent of the plan is lhe Environment Department The proposed nonregulatory State Implementation Plan re- visions are ID meet the Small Business Assistance Program (SBAP) requirements of the 1990 Federal Clean Air Act**Amendment.a;Secti~n** 507.
r . ' The

### prO!lOsed-pliinmay-De-re:-- viewed during regular business hours at lhe office of lhe Environmental Improvement Board, Harold Runnels Building, t 190 St Francis Drive, Room S-4310, San!Ill Fe, Nt.A and copies may be obUlined by contacling Bill Blankemhip, Heahh PI'OQfam t.Aenager, Air Quality Bureau, P.O. Box 26110, Santa Fe, Nt.A, le!ephone number827-()()75. The hearing will be held ilac- COfdanc8 wilh lhe Air Quality Control Act, Section 74-2·6 NMSA 1978 and lhe Board's Guidelines Governing hearings. All intefested persons will be given a reasonable OWOflUnity at lhe hearing ID submit relevant evidence, data, views, and arguments, oraUy or in writing, ID introduce exhibits and ID examine witneues. Persons desiring to present technical testimony shall submit ID lhe Board a written atallllment ol iltent to do so. Any person who will paraphrase, summarize or read from a prepared statement must submit the written testimony together with the statement of inllllntThe notice of Intentshalllndude:

### N~ 

## 1 4 6 8 4

name andqualification oleach technical witness: ltle name of lhe petSOn proffering lhewitneas: whether !he person proffering lhe witness is a proponent. opponent, or interested party; describe !he nature, subject and anticipatll<l length of lhe testimony; identify the specific aspects and proposed action along with alternative language proposalwhere appropriate: list and desaibe lllld1nical exhibits to be offeree! in connec· tion with lhe wimess' testimony. Notices of Intent with lhe writ, ten statements, or written statement ID be incorporated iniD the publle reoord must be received in lhe Office of lhe Board not later than 5:00 p.m. September 25, 1992 and shall be entitled: "Statement for lhe public reCOfd regarding proposed amendments to the Small Business Assistance Program SIP: October 9, 1992." Note: TheBoard may convene a meeting altar lhe hearing to consider acUon on lhe proposal. ss/Roy S.Walker, ctlalrman

### FFIDAVIT OF PUBLICATION

STATE OF NEW MEXICO, County of San Juan: No. 29933

CHRISTINE HILL being duly sworn, says: "That she is the NATIONAL AD MANAGER of The Farmington Daily Times, a daily newspaper of general circulation published in English in Farmington , said county and state, and that the hereto attached LEGAL NOTICE
was published in a regular and entire issue of the said Farmington Daily Times, a daily newspaper duly qualified for the purpose within the meaning of Chapter 167 of the 1937 Session Laws of the State of New Mexico for ONE consecutive (days) (/////) on the same day as follows:

'irst Pub1i 

### cation FRIDAY L-' 

### __;A::.:::...::.U.:::G-=U-=S-=T:.._:2:...;1::...t...--=..1.::..9.::..9..:=.2

____ _ Second Publication

_______________ _ Third Publication


# -----------·------------------ Fourth Publication



# -------------------------- and the cost of publication was**$~3~7~·~6~-7~---------**



### Subscribed and sworn to before me this 

# ?:1±L day of AUGUST 1992
Notary Public, San Juan County, New Mexico My Comm expires:

# 0~8

# 1 ffi3 COPY OF PUBLICATI NEW MEXICO ENVIRONMENTAL IMF NOTICE OF PUBUC HEARING TO CC AMENDMENTS TO AIR QUALITY I IMPLEMENTATION f The New Mexico Environmental Improvement t beginning on October 9, 1992. at 11 :00 p m
. in the 1 Building, 1190 St Francis Drive, Santa Fe. New ME sions to New Mexico's Air Quality Bureaus State Imp The proponent of the plan is the Environment De ulatory State Implementation Plan revis1ons an Assistance Program (SBAP) requirements of th Amendments. Section 507. The proposed plan may ness hours at the Office of the Environmental lmpr Building, 1190 St. Francis Drive. Room S-431 0. Sa obtained by contacting Bill Blakenship. Health Progn P.O. Box 26110. Santa Fe, NM, telephone number 8 A hearing will be held in accordance with the Air ( 6 NMSA 1978 and the Board's Guidelines Governing All interested persons will be given a reasonable , mit relevant evidence, data, views, and arguments. exhibits and to examine witnesses

.. Persons desirin shall submit to the Board a written statement of inte
1 paraphrase summarize or read from a prepared st.

testimony tcgether with the statemer,: of intent Tr name and qualification of each technical witness: the name ofthe person proffering the witness; whether the person proffering the witness is a propor party; describe ofthe nature. subject, and anticipated lengtt identify the specific aspects and proposed action ale language proposal where appropriate: and list and description technical exhibits to be offered in , witness's testimony 1 Notices of intent with the written statements or w :: ed into the public record must also be received in 1 than 5:00 p
..m. September 25,1992, and shall be e1 

### I record regarding proposed amendments to the Smc 1SIP: October 9, 1992." 1 Note: The Board may convene a meeting after the he 1 proposaL 1ss Roy S Walker, Chairman 1 Legal No 29933 published in the Farmington

Mexico on Friday. August 21, 1992

# Affidavit of Publication
STATE OF NEW MEXICO

# )ss COl.'' r OF McKINLEY
\!AI 

### ?RIE _lle_

..l.a..D___ being duly sworn upon oath, deposes and says: As 

### LEGAL CLERK of The Independent, a newspaper published in and having a general circulation in McKinley County, New Mexico and in the City of Gallup, New Mexico and having a general circulation in Cibola County, New Mexico and in the City of Grants, New Mexico and having a general circulation in Apache County, Arizona and in the City of St. Johns and in the City of Window Rock, Arizona therein: that this affiant makes this affidavit based upon personal knowledge ofthe facts herein sworn to. That the publication, acopy ofwhich is hereto attached was published in said newspaper during the period and time of publication and said notice was published in the newspaper proper, and not in a supplement thereof, for 

### ONE TIME , the first publication being on the 24'ffi day of AUGUST , 19 

### 92 the second publication being on the day of , 19

____ the third publication on the

____ day of --------· 19

__ _

and the last publication being on the _____ day of

---· 19

__ _ That such newspaper, in which such notice oradvertisement was published, is nowand has been at all times material hereto, dulyqualifiedfor such purpose, and to publish legal notices and advertisementswithin the meaning of Chapter 12, of the statutes of the State of New Me ico, 41 compilation.

Sworn and subscribed to before me this 

### 291H day of AUGUST , A.D.,**19't~2,____**

# (k~~ Notary Publi 

### My commission expires



### .JUNE 

### 22, 1993

2735 2M BUTl.EA S OoJiuo

# 00F OF PUBLICATION STATE OF NEWMEXICO } 

## ss COUNTY O.F CIBOLA Ken Wingate, beingduly sworn deposes and says thatheis the publisherof THE CIBOLACOUNTYBEACON, a newspaperpublishedinGrants, Cibola County, New Mexico, thatthe notice of

a copy orwwchis hereto attached was first publishedin said newspaperinitsissue dated 5( ;?cS

### _:t- 

## andwaspublishedin anissueofsaidnewspaper, once each week, and notin any supplement, thereafterfor the full period of consecutive 

# LL weeks, thelastpublicationthereofbeinganissue dat¥

My CommissionExpires

Publisher'sFees 

## $**_4...~...:3~- S"~8"'-----------**  

# RECEIVED SEP 08 

# 1992 GROUNDWATERBUREAU**~** o{ i.nt.ent 1ritll 

## u.**~ ~ta,**  or**~** fit<emelli t.o ie incorporated into the publk**~** mullt be received in the Office ofthe Bo&J'Ii not later than 5:00 p.m•• September 25, 1992 and shall lie entitled: "Statement for the publle 

### r-n rep.rdJ.nc**pro~** a..admentll to the 

### sm..a**B~** AsairJtance Program SIP Oetoher9, 1992."

Note: The Board may convene a meeting after the hearing to consider**I~~~{,.,...** n'!•n:l'lo'J 1 slii'Roy S. Walker, Chairman \ R,. Published in the Cil.ola

...**6J'U~"'** 

## a.- Aui'JIIIt 2illl, 11192. 

## m'rofa B418L.\FF!D,\V!T I)F PLBUC.\TION State •lf 'lt=w 'ttl!:tlCO. C.Junty of**L~a.**

L_ Kath1 Bearden

of the Hobbs Da1ly :lews..Sun. a daily newspaper published at Hobbs. :lew :.ie:o::Jco. do solemnly swe:J.r that the clippmg Jr:t.:lched hereto was publishedonce :.1 wee!< In the regular and <.!Ot!re ISSUe of said paper. and not a suppiement ther<eui for a penod

___**___:o~n:..::e::..._**___weeks. Be;s1nmng w1th the ISSue dated

and**=ndin~** wlth :.1e •ssue dated

:'r1:; C0mmisswn <:!X;:J1res

___ _ 

### Februcu;:,y_-=-1..::.4

__. 19___2

### 5

T:c1s**1e•.v.;nno~=~** 1:> ..!ulv qualli1ed to pubibn**!~c:~l '1tlt:t:·~~**  Jr**a11v~r· t1sem~nts** **~Ylthtn** the**meanm~** oi**s~ction** 3. Chapter 167. Laws vf !937. and paymentoffees for said public:ltion has**b~en** made. LEGALNOTICE August 14, 1m NEWMEXICO ENVIRONMENTAL

IMPROVEMENT BOARD NOTICEOF PUBLIC HEARINGTO CONSIDER PROPOSED

AMENDMENTSTO

AIRQUALITY BUREAU'S STAT!! IMPLEMENTATION PLAN The New MeXICO Environmental Improvement Board will hold a public hearlniJ on OCtober 9, 1m, begtnnlll'il at 11:00 a.m.• In the Auditorium of the Harold Runnels BuildIng, 1190 St. Francis Drive, Santa Fe. New Mexico, to consider proposed re· visions to New Mexico's Air Quality Bureau's state Implementation Plan.

The proponent ofthepum Is the Environment De· partment. The proposed nonregulatorv State lm· plementatlon Plan re· visions are to meet the Small Business Assistance program (SBAPl re· qulrements of the 1990 Federal Clean Air Acf Amendments Section 507. The proPOSed plan may be reviewed during regular business hours at theoffice of the Environmental lm· provemenf Board. Harold Runnels BulldllliJ, 1190 St. Francis Drive, Room S· 4310, santa Fe, NM and**c~les** may be obtained bV contacting 8111 Blankenship, Health Program Manager. Air Quail· ty Bureau, P.O. SOX 26110. santa Fe, NM. tel1!:'1)hon& number827·0075.

The heariM will be llGid In <S(:cordance with tne Hazardous waste Act, SectiOn 7H-t NMSA 1911 andtne Board'sGuidelines Governinghoearlnll!l.

All Interested persons will be given a**re~le** opportunity at the l'learintr to wbmlt relevant evl·**~nee,** datll, vlewt;, and**arou~** orally or in wrtttnoa. totntroauot**~** 1111 ancf to examine wtt·

,.....**Pe~** OHk'lntr 111 pf..-.1 technk:.ll h!stlmonv shall submit to tae Soerd a wrlffen statel'l'lllllt of Intent to do so. l4lff periOft who will par•**p~~r.,.,** summarize

# or,.... frOm a prepared state!TMRt mM IIUbmlt the wrl,.._ testimony together wtftl the atattfMnt of Intent. 

### rn. notice of Intent sMll Include:

name and quallfh:afleR atHChtechnk:alwtt:nMN

1t1e name of the 1*'-' protteriMthoewltnntl

wn.ther tne**~** ...... ffwlno the wlt"ne$S•·te •**~·** oppgnenf « Interestedparty;

describe the nature, subJect end antk:lp.atell lengthat 1MIHtlmciC\"fI

ldenllfY the spec:lffe**~end~K·** lion alon9 w11t1**·~** llln1ii\Jetllt**pr~** .,._.. liPPf'opt"late; lilt tiiUI Utcrl&tt llilidWIIeat llldllllf1a Ill be

... ......., lit c:.oMtdlen

... 1Mwlll'lltWtestlmonr.

*'"'*oflm.rtwl1llfila written statements, or wrltt«l l!llfement to be lnCOI"JXXI'.md Into the pWI{C record must be receiWd 1n tile

### omc. of the Boanlnot 1atw INn 5:00 p.m. _. lltmDir25. 1m1nc1 ,.,• lftflt!M: "Stattm

... tw

... ,..e.lc NCOf'd ,....... 11tt ,_....**tmtncl~'!l** te tile Smell IJoslaH.;;**~ce** Protram liP: oc:teelr'·ltn."

rn. lloenl ml't' conwne**I~** .tfwtheltNrJnt le Clllnlfder actfon on the**~-**

11/Roy

### s. Welker, Cl\aii'I'Nn

## PROOF OF PUBLICATION

Jim Wall**bein~** 

### dulY sworn, dePoses and saYs that he is the Pub I 

### isher



# ---------------------- of the Las Cruces Sun-News, a newsPaPer Published dailY in the CountY of Dona Ana, State of New Mexico; that the notice Air aualitY Bureau Plan

as Per**cliPPin~** 

### attached, was PUblished once a week/daY in the**re~ular** 

### and entire issue of said newsPaPer and not in anY suPPlement thereof, for one consecutive weeks/daYs: that the first Publication was in the issue dated**Au~ust** 

### 26, 19 92



# --- and the last Publication was in the issue dated**Au~ust** 

### 26, 19 92

DePonent further states that this newsPaPer is dulY qualified to Publish**le~al** 

### notices or advertisements within the**meanin~** 

### of Sec. 3, ChaPter 167, Laws of 1937. PaYment of fees for said Publication has been made.

STATE OF NEW MEXICO COUNTY OF DONA ANA ss.

Subscribed and sworn to before me daY of**Au~ust** 

### this 26th 19 

## 92

and for NM

NOTJd<Y PUBLIC- HEW Ui:XJCQ HOTAR'o" BONO F11.EO WITH SECRETARY OF STATE MY COM\11SS!ON EXPIRES

### __l{)

# ,b/1.:f___ NEWMEXICO ENVIRONMENTAl IMPROVEMENT BOARD

NOTICEOFPUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TOAIR QUALITY BUREAU'S STATE IMPLEMENTATION PLAN The New Mexico Environmerr tal ImprovementBoardwill hold a public hearing on October 9, 1992, beginning at 11:00 a.m., in the Auditorium of the Harok:t Runnels Building, 1190 St Francis Drive, Santa Fe, New Mexico, to consider proposed revisions to New Mexico's Air Quality Bureau's State lmple· mentation Plan. The proponent of the plan is the Environment Department. The proposed nonregulatory State Implementation Plan rev- · isions are to meet the Small Business Assistance Program

. (SBAP) requirements of the 1990 Federal Clean Ar AJ;t Amendments, Seetion 507.' The proposed plan may bere- . viewed during regular business hoursatthe office ofthe Environmental Improvement Board, Harold Runnels Building, 1190 St. Francis Drive, Room S-4310, Santa Fe, NM and co- pies may be obtained by con- tacting Bill Blankenship, Health Program Manager, Air Quality Bureau, P.O. Box 26110, Santa Fe, NM, telephone number827-007S. The hearing wil be held in accordance with lhe Air Quality Control Act, Section 74-2-6 NMSA 1978 and the Board's Guidelines Governing hearings. AR interested persons will be given a reasonable opportUnity at the hearing ID**sub~** relevant eVidence, data, views,am: arguments, orally or in writing to introduce exhibits and to examine witnesses. Persons desiring to present technica testimony shall submit to the Board awritten statementof intent to do so. Any person who will paraphrase, summarize or read from a prepared statement must submit the writter testimony together with the statement o.!Jntent. The notice ofintentshall include:
name and qualification of**ea~** technicalwitness; the name ofthe person proffer·

·ing the witness; whether the person proffering the witness is a proponent, orr ponent, or interested pany; describe the nature, subject and anticipated length of the testimony; identify the spedfic aspects

.and proposed action along with :alternative language proposal where appropriate; fist and desaibe technical exhibits to be offered in connec· tibn with the witness' testimorty. Notices of intent with the written statements, or wntten statement to be incorporatec into the public record must be received in the Office of the Board not later than 5:00 p.m. September 25, 1992 and shall be entitled: "Statement for the public record regarding proposod amendments to the Small Business Assistance Program SIP: Oetow 9, 1992." Note: The Board may convene a meeting after the hearing to consider action on the proposal. ss/Roy S. Walker, Chairman Pub. No.:92·1348 

### l{ Publish:**A~XJUSt26.** 199to,_**~** ,_ 

### 5 INVOICE 08-20-9**18~8** 

# L**ra: .!j.M-~W**  I 

### ,tm!fi LAS VEGAS DAILY OPTIC (IlJ#8o-02116b ----------...L------'------- P.O. BOX .2601 bl4 LINCOLN AVE

.. LAS VEGAS, NM 87701

1:3ill to: 2'01 Environmental Improvement Board 1190 st. rrancis Or. Santa Fe. NM 87'003 NN\ C,. o;:.,:. ·-

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# E---~DuE~s~c~RJI~P:_r~r~o~N______________________ _ .08/20/YZ legal/1 insertion _ __**__llH_~r~r~sL-----------~c~H~A~R~G~E~sL---~c~R~E~o~r~r~sL** 115.000 line Plan 31.0'0 08/20/92 Bureau State Implementation legal/1 insertion Waste Management Regulations Sales Tax 124.000 line

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68.61NEW MEXICO DfVIR. ONMENTAL IMPROVE· MENT BOARD NOTICE OF PUBLIC HEARING TO CONSID. ER PROPOSED AMENDMENTS TO A.Jll QUALITY BUREAU'I STATE IMPLEMENTA· TION PLAN The New Meltico- EnvironmentalImprovementBoard willholdapublichearinOctober 9, 1992, bcgilini:v at 11:00 a.m., in the Auc:ft. torium of the Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, New Mexico-, to considClll' proposed revisions to New Mexico's Air Quality Burenu's State Implemen· t.at.ion Plan. Theproponentofthe plan a the Environment Depart.· 11'111lnt. The<proposed nonr'C· aulatory State Implemeot.at.ion Plan revisions are t.o meet the Small BusinAssistance P'rograM <SBAPl requirementso(tbe 1900 FederalClear

.. A1r Act AmcndmonWI, Scctipn 607. The proposed Y"CgUlations may be reviewed during regular business hours at the omce of the Environ. mental Improvement Board, Harold Runnels Building, 1190 St. Francis Drive, Room 8·4310, Santa Fe, NM and copies m.ay be obtained fly contacting Bill Blankenship, Health Pl>og· ram Managor, Air Quality Bun1au, P.O. Box 26110, San1.a Fe, NM, telephone. number 827.0075. Tho hearing will be held in accordance with the A.ir Quality Control Act, Soetion 74-2·6 NMSA 1978 and 1 he Board's Guidelines Govoming**hearing~.** All interested persons will be given a reasonable opportunity at the heari!li to submit relevant evidence, data, viewa, and arguments, orally or in writing, to introduce cxhi· bitsarid'tC examine witnesses. Penons;desiring to prescnttechnicaltestimony ahall submit to the Board a written statementofintent to do so. Any person who will paraphrase, summar. iuCll'read from a prepared statement mu11t sutlmitthe III<JiUon testimony together with the statement. 

## or intent. The notice ofintent shall include: name and qualililication of each technical witness; thenameofthepersonprof. feTing the witness: whctherthepenonprofi'ar· ing the witness is a propo. nent, opponent, or inter· uted party; describethenature, subject B.DC anticipated length of the testimony; idcnt.i!"y the specific aspects anti proposed action along with alternative language proposal wl!ero appropriate; list and describe technical exhibits to be o/Tcrcd in connection with the witness' testimony. Noeioe of intent with the wnticnstatements,orWJ'it., ten ttatemcnt to be !ncar. poratcd into tho public 1'eC«ji must be received in theOIIlcoofBoardnot Later than 5:00 p.m. September 25, 1992 and shall be entitled: "Statementfortho )Nblic record regarding pt"'ppscd amendments t.o Small Business Progn.m SIP: Oc:tobor i, 1992.• Mote: The Bean!

..._,.. convenea DJCQting a..f\erthe hearing to consider action on tho proposal. sa/Roy S. Walker, Chairman Pub. Aug, 20, 1992

# Affidavit of Publication

STATE OF NEW MEXICO ) ) ss. COUNTY OF LEA Joyce Clemens being first duly sworn on oath deposes and says that he is Adv. 01rector of THE LOVINGTON DAILY LEADER, a daily newspaper of general paid circulation published in the English language at Lovington, Lea County, New Mexico; that said newspaper has been so published in such county continuously and uninterruptedly for a period in excess of Twenty-six (26) consecutive weeks next prior to the first publication of the notice hereto attached as hereinafter shown; and that said newspaper is in all things duly qualified to publish legal notices within the meaning of Chapter 167 of the 1937 Session Laws of the State of New Mexico.
That the notice which is hereto attached, entitled



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### August 21 92

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............. And that the cost of publishing said notice is the 

### 27.00 sum of $

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to before me this 

### 26th

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### ?.~- LEGAL NOTICE NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD

NOTICE OF PUBLIC HEARINGTO CONSIDER PROPOSED

AMENDMENTS TO AIR QUALITY BUREAU'S STATE IMPLEMENTATION PLAN The NewMexico EnvironmentalImprovementBoardwill holdapublichearing**on~** 9, 1992, beginning at 11:00 a.m., in the Auditorium ofthe Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, New Mexico, to consider proposed revisions to New Mexico'sAirQuality Bureau's State Implementation Plan. The proponentoftheplan isthe EnvironmentDepartment The proposed nonregulatory State Implementation Plan revisionsareto meettheSmall BusinessAssistance Program (SBAP) requirements of the 1990 Federal Clean Air Act Amerxlments, SedionfiJ7. The proposedplan maybereviewed during regularbusiness hours attheofficeofthe Environmental ImprovementBoard, Harold Runnels Building, 1190 St. Francis Drive, RoomS-4310, Santa Fe, NMandcopiesmay beobtainedbycontacting Bill Blankenship, Health Program Manager,AirQualityBureau, P.O. Box26110, SantaFe, NM, telephone number827-0075. The hearingwillbe heldin acct.lfdancewiththeAirQuality Control Act, Section 74-2-6 NMSA 1978 and the Board's Guideines Governing hearings. AJI interested personswill begN9nareasonableoppor1Unity at the hearing to submit relevantevidence,data,views, and arguments, orally or in writing, to introduce exhibits and to examine witnesses. Persons desiring to present teclYicallestimonyshailll.i:mt to 1he Boarda'Mitlen stalement of intentto do so. Anyperson whowiparaptvase,sunmarize or read from a prepared statement must submit the writtentestimonytogetherwith the statement of intent The notice of intent shall include: 'nameandqualificationofeach technical witness; the name of the person proffering the witness; whetherthe person proffering the witness is a proponent, opponent,orinterestedparty; deeaibetienalure,subjectand anticipated length of the testimony; lderdy1he**~aspects**and proposed action along with alternative languageproposal where appropriate; .list and describe technical exhibits to be offered in connection with the witness' ,testimony. Notices of intent with the writtenstatements, orwritten statementto be incorporated intothepublicrecordmustbe received in the Office of the Boardnotlaterlhan5:00p.m. September25, 1992andshall beentitled:'Statementforthe public record regarding proposed8l1leld llallisto Small BusinessAssistance Program SIP: October9, 1992." Note: The Board may convene a meeting after the· hearing to consideraction on the proposal. ss!Roy S. Walker, Chairman Pubishedin 1heLcMngton Daily LeaderAugust21, 1992.Affidavit of Publication 1.TE OF NEW MEXICO ) ) ss. COUNTYOFCOLFAX ) The undersigned, being firs! duly sworn according to law, on his oath deposes and says that he is the business managerof the newspaper named "The Raton Range" and that he has personal knowledge of the facts stated herein; that the said "The Raton Range" is a twice-weekly newspaper of general paid circulation printed and published in the County of Colfax and State of New Mexico and entered underthe Second class postal**-"'!":':::':'!'!"~~~--~-=----:--=--:--~---':""""--~--** Privilege in said county, and having been uninterruptedly and**ENNV~~o~~~~~~AL** St Francis Drive, Room the name of the per: continuously printed and published in said County during the IMPROVEMENT

## :~**31**

## ~~P~!~ta

# ::Y**Nb~ prC.:~i~~~~:i~~~~**  period of more than six months next prior to the date of BOARD obtained by contacting proffering the witness .Jublishing of the first issue of the publication or notice NOTlCE OF PUBLIC Bill Blankenship, Health a proponent, oppone**~oncerning** which this affidavit is made and a copy of which is HEARINGTO CONSIDER Program Manager, Air or interested party; 1ereto attached; that said newspaper is duly qualified for that

## AME:D~E~EfoAJR**~~i~ ~:~·** **~~~-N~~ su~~~~i:~d** **t~~ti~~~~** Jurpose under the Jaws of the state of New Mexico; that the QUALITY BUREAU'S telephone number 827· length of the testimon: Jublication, a printed copy of which is hereunto attached and STATE 0075. identify the speci made a part of this affidavit, was published in said IMPLEMENTATION The hearingwill be held aspects and propos ch kt · r, 'd PLAN in accordance with the action along w 1ewspaperonce ea wee or successive wee"s, sat The New Mexico Air Quality Control Act, alternative language P )Ublication having been made on the following dates, to-wit: Environmental Improve- Section 74-2-6 NMSA posal where appropria 

### 1

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### JL ment Board will hold a 1978 and the Board's list and descri TheddayorV1}{Q, · 'L{4){ , 

### 199,)_ public ·hearing on Guidelines Governing technical exhibits to October 9, 1992, hearings. offered in connecti**~** __ dayof 

### 199 __ beginning at 11:00 a.m., All interested persons with the witne :irst publication: ;econd publication: 

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Subscribed and sworn to before m



### My commission expires

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# 191:: in the Auditorium of the wiD be given areasonable testimony. Harold Runnels Building, opportunity at the Notice of intent w 1190 St. Francis Drive, hearing to submit rele- the written statemer Santa Fe, New Mexico, to vant evidence, data, orwritten statement to consider proposed revis- views, and arguments, incorporated into t ons to New Mexico's Air orally or in writing, to public record must Quality Bureau's State introduce exhibits and to received in the Office Implementation Plan examine witnesses the Board not later tt·

The proponent of the Persons desiring to 5:00p.m. September: plan is the Environment present technical testi- 1992 and shall Department Thepropos- monyshaUsubmittothe entitled: "Stateme ed nonregulatory State Board a written state- for the public recc Implementation Plan men! of intent to do so regarding propos, revisions are to meetthe Any person who will amendments to t Small Business Assist- paraphrase, summarize SmaII BusIne' ance program (SBAP) or read from a prepared Assistance Progn requirements of the 1990 statement lD..!.!.U submit SIP: October Federal Clean Air act the written testimony 1992." Amendments, Section together with the Note. The Board ma 50i The proposed plan statement of intent The convene a meeting afte· may be reviewed during notice of intent shall the hearing to considE regular business hours at include: action on the proposal the office of the name and qualification ss/Roy S. WaJke1 Environmental Improve- of each technical Chauma ment Board, Harold witness; Legal No. 9561 Runnels Building, 1190 Published in The Ra Range: August 25, 19\ 

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### .............; ..**J-.i:!.L~!::.:._** Ma.nager Sworn and sumcribed to before me Publish August 23, 1992 NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD NOTICE OF PUBLIC HEARING TO CONSIDER PROPOSED**AMEND~S** TO

AIR QUALITY BUREAU'S : STATE IMPLEMENTATION PLAN IThe New Mexico Environmental Improvement Board will hold a public hearing on October 9, 1992, beginning at 11:00 am., in the Auditorium of the Harold Runnels Bldg., 1190 St Francis Drive, Santa Fe, New Mexico, to consider proposed revisions to New Mexico's Air Quality Bureau's State Implementation Pian. The proponent of the amendment Is lhe Environment 0epar1ment The proposed nonregulatoty State Implementation Pian revisions are to meet the Small Business Assistance Program (SBAP) requirements ol ltle 1990 Federal Clean Air Act Amendments, Section 507. The proposed plan may be reviewed during regular business hours at the office of the Environmental Improvement Board, Harold Runnels Building,

1 1190 St Francis Drive, Room S-4310, Santa Fe,.NM and copies may be obtained by contacting Bill Blankenship, Heallh Program Manager, !Air Quality Bureau, P.O. Box 26110, Santa Fe, NM, telephone number 827..0075. The hearing will be hekl In accordance wllh lhe Air Quality Control Ad. Section 74-2-6 NMSA 1978 and the Board's Guidelines Governing hearings• All interested persons will be given a reasonable opportunity at lhe hearing to submit relevant evidence, data, views, and arguments, onlly or in writing, to introduce exhibits and to examine witnesses. Persons desiring to present technical mstimony shaD submit to the Board a

### wm- mn statement of Intern to do so. Arry person who wiD paraphrase, sun- marize or read- florn a prepared statement MUST submit lhe written IIBStimony togeltler wllh lhe st&tement ol intent The notice of intent aha!l Include:.
name and qualification of each tachnic:al witness; the name of the person proffering the wilness; wheltler the person proffering the witness is a proposent, opponent, or interested party; described ll1e nature, subjed and antidpat.ed length of the testimony; identify the specific aspects and proposed action along wilh altemative language proposal where appropriate; fist and describe technical exhibits to be offered In connection wi1h lhe 

## Iwitness' testimony•

. Notices of Intent wiltl lhe wrttten statements or written statement ID be ' incorporated Into the public record must be received in the Office ollhe

Board not later 1han 5:00 p.m. September 25, 1992 and shal be entitled; "Statement for ll1e public record**r~ding** proposed amendments to the Small Business Assistance Program SIP: OdDber 9, 1992." Note: The Board may convene a meeting aft.e( the heating to conslder action on ll1e proposal. ssiRoy S. Walker, Chairman

### STATEOFNEWMEXICO

# J

ss County ofGrant

WilliamF. Archibald, being first duly sworn, on his oath says: Thathe is the manager ofthe SilverCity Daily Press and Independent, anewspaperprinted and published in theTown ofSilver City, in the County ofGrant and the StateofNewMexico, and that said newspaperis now, andwas at all times herein mentioned, anewspaperofgeneral circulation. Thatthe advertisement, acopy ofwhich is hereto attached, was publishedin saidherinbefore mentionednewspaperonceeach andevery weekfor 1 consecutive week(s), thefirst publication thereofhaving been made on 8/22/92 and the lastpublicationthereofhaving been made on Thatsaidnewspaperwas regularly printed,published andissuedwith said notice therein upon the following dates, to wit:

Subscribedand sworn to before me this 

## .#t>C 

### day**of~~** 

### 194'..2-

# ~-**~d-v--e- ~otary**  Public Mycommission expires

# Legal**£:~lf?'R!'Jtff%** liS**§'irmtmwr~!WiMtJS!** Iii: au NEWMEXICO relevant evidence, data, ENVIRONMENTAL views, and arguments, orally IMPROVEMENTBOARD or in writing, to introduce

NOTICEOFPUBLIC exhibits and to examine witHEARINGTOCONSIDER nesses. Persons desiring to PROPOSED present technical testimony AMENDMENTS TO shall submit to the Board a AIR QUAlifY BUREAU'S written statementofintent to STATE do so. Any person who 

### will IMPLEMENTATION paraphrase, summarize or PLAN read from a prepared state· The New Mexico Environ- mentm.u.s.t submitthewritten mental Improvement Board testimony together with the will hold

# a public hearing on statement ofintent. The noOctober 9, 1992, beginning tice to intentshall include: at 11:00 a.m., in the Audito- name and qualification of rium of the Harold Runnels each technical witness; Building, 1190 St. Francis the name ofthe person profDrive, Santa Fe, New Mex- feeing the witness; ico, to consider proposedre- whether the person proffervisions to New Mexico's Air ing the witness is a propoQuality Bureau's State Im- nent, opponent, orinterested plementationPlan. party; The proponent ofthe plan is describe the nature, subject the. Environment Depart- and anticipated length ofthe ment. The proposed nonreg- testimony; ulatory StateImplementation identify the specific aspects Plan revisions are to meet and proposed action along**th~** Small Business Assis- with alternative language tance Program (SBAP) re- proposal where appropriate; quirements ofthe 1990 Fed- list and describe technical eral Clean Air Act Amend- exhibits to be offered 

### in ments, Section 507. The connection with the witness' proposed plan may be re- testimony. viewed during regular busi- Notices of intent with the ness hours at the office of written statements,orwritten the Environmental Im- statement to be incorporated provement Board, Harold into the public record must Runnels Building, 1190 St. be received in the Office of Francis Drive, Room S- the Boardnot later than 5:00 4310,.Santa Fe, NM and p.m. September 24,_1992_ copies may be obtained by ait:ct-**~fi'alr_** 

### .**~r** ....**~nllttea::** contacting Bill Blankenship, "Statement for the public Health Program Manager, record regardingproposed Air Quality Bureau, P.O. amendments the Small Box 26110, Santa Fe, NM, Business Assistance Protelephone number 827-0075. gram SIP: October 9, The hearing will be held in 1992." accordance with the Air Note: The Board may con- . Quality Control Act, Section vene a meeting after the 74-2-6 NMSA 1978 and the hearing to consideraction on Bo.ud's Guidelines Govern- the proposal. iltg hearings. (s)Roy S. Walker All interestedpersons will be Chainnan given a reasonable opportu- Ag22 nity at the hearing to submitNEW MEXICOINFORMATION SYSTEM,INC. P. 0.Box 6703 Santa Fe, NM 87502-6703 (505) 988-8010 AFFIDAVIT OF PUBLICATION INTHENEWMEXICOREGISTER Icertify thatthe attached is a1rueandcorrectcopy oflegalNoticeorRulepublished in the

### NewMexicoRegister, and thatpaymentthereforehasbeenassessedbyinvoiceforsaidlegalnoticeorpublication, whichappearedonthedateand in volume and issuenumbernotedbelow. Date ofPublication: August 31, 1992 Vol. IllNo. 16,

### NewMexico Register

ATTEST:

# _ck·~ Claire

# G~, Mana gEditor 

### NewMexico egtster New Mexico Information System, 

### Inc., Publisher AMOUNT: 

# /1;2'3. £1°---:::...--- ACCT. NO.: 

### M_lLf)_2_(' INVOICE# 

# /17

# 8'=--ENCLOSED

DATE: August 31, 1992

NOTICETOPUBLISHING AGENCY Attachedisyouragency'sConfinnationCopyofmaterialpublishedintheNewMexicoRegister. Thisisalegal copy thatdocuments thefactthatyourNoticeofRuleMaking and/oryourProposed Rule and/oryourAdopted Rule bas been published as required by law in the New Mexico Register. It is extremely importantthatthis ConfinnationCopybe placedinyour permanentadministrative filesalongwithyourMinutesofMeetings. This ConfmnationCopy will be inspectedby the State Auditorat the time yournextannual auditis conducted (SA Rule91-1). Failure to comply ivith this requirementwillimpactyouragency'sAuditReport.

•**~··~-~--** ,._,.**:-.-----·o•;--~**

# NOTI 

# s

NEW MEXICO STATE CORPORATION COMMISSION

TRANSPORTATION DEPARTMENT
BEFORE THE NEW MEXICO STATE

CORPORATION COMMISSION IN THE MAITEROF THEADOPTION OF NEW MOTORTRANSPORTATION RULES GOVERNING INTRASTATE MOTOR CARRIERS OF PERSONS AND PROPERTY

Docket No. 92-201-TA-M NOTICE OF RULE MAKING UnderauthoritygrantedunderArtideXI, Section7ofthe NewMexicoConstitutionand !he MotorCarrierAct, §§ 65·2-60 through 65- 2·127 NMSA 1978, the N&w Mexico Stat& CorporationCommission herebygivesnotice that it intends to adopt new 1\Hs(Proposed Rules) governing intrastate motorcaniers of persons and property. This rukJ making is int&r.ck:K1 asacomprehensive rewriteofexisting rules and general orders governing intmslatemotorcarriersofpersonsandprop· erty. Copies of the Proposed Rules may be obtained by writing to: New Mexico Stat& Co11>oration Commission, Transportation Department. P. 0. Drawer 1269, Santa t=.. N.M. 87504·1.269andenclosinga$11 check 1o coverthe costofprintingand mailing. Public hearings on the Proposed Rules will be held as fisted below: September25. 1992; 9:00am. Eastern New Mexico University Campus Union Buikfmg. Multi-purposeRoom 110 58 UniversityBlvd. RosweU, NM 88201 

## New Mexico Register Volume ill Number 16 August 31, 1992

September28, 1992: 9:30a.m. 2nd Judicial District Courthouse, Room 140 415 Tijeras, N.W. Albuquerque, NM 87102 September30, 1992; 9:30 a.m. Fannington Civic Center (Roomto be announcsd on dayof hearing at main 9fltrance) 200 W. Arrington Farmington, NM 87041 October2, 1992; 9:00a.m. P E.R.A. Building, Apodaca HaD Comer ofOld Santa Fe Trail and Pasoode Peralta Santa Fe, NM 67504 October 14, 1992; 9:30a.m. Coronado Hall. El T aoseno Room 120 Civic Plaza Drive Taos. NM 87571 October 16, 1992; 9:30a.m. Dona Ana County Commission Chambers (2ndfloor) 251 W. Amador Las Cruces. NM 88005 Written comments on the Proposed Rulesarewelcomedandmayinclude,butare not limited to, data, views, or arguments in support of, or in opposition to the Proposed RukJs. Written comments mustbesubmitted on orbefore October2. 1992 andaddressed asfollows: Proposed Rules/Docket No. 92·201-TR-M**Offi~** ofthe Chief CkJf1( New Mexico State Corporation Commission P. 0. Drawer 1269 Santa Fe. NM 87504·1269 DONE, this 10th day of August, 1992.

lsi ERIC P. SERNA, Chainnan lsiJEROME D. BLOCK, Commissioner LOUIS E GALLEGOS, Commissioner ATIEST: lsi RICHARD I. HARRIS, Chief CkJ!k

Page 1 

### NEW MEXICO STATE ENGINEER OFFICE

LEGAL NOTICE STATE ENGINEER PROPOSED ORDER NO. 143 AND NOTICE OF PUBLIC HEARING Eluid L Martinez. State Engneer of New Mexico, on August 14, 1992, issued Pro· posed OrderNo. 143 as foDows: STATE ENGINEEROFFICE STATE OF NEW MEXICO Bataan Memorial Builcing P. 0. Box2S102 Santa Fe. New Mexico 87504-5102\ Proposed Order No. 143 August 14, 1992 INTHE MATTER OFTHE PROMULGATION OF ARTICLE HBOF THE RULES AND REGULATIONS GOVERNING ORILUNG OF WELLS AND APPROPRIATICN AND USE OF GROUNDWATER IN NEW MEXICO. {Ecf1or'sNot8: ThefulftextofPropoS«!Ordsr No. 143,1f1edwith lhs Stale Records Center onAugust 14, 1992, app9arsonpage9oflhis isswof the NewMs1dco Registsr, Vol. IllNo. 16./ Pursuant to Section 72-2-8, N.M. Staluts$ Annotated, 1978Compilation (lawsoft967. Chapter 246, Section 1 ), notice is hereby giventhatapublic hearingwill be heldon the above described Slat& Engineer Proposed OrderNo. 1**~**in MabryHall, State Education Buildiog,Stat&Capitol,SantaFa, NewMexico on October 16, 1992, beginning at 9:30a.m. Anyperson who is ormay be affected bythe Proposed Order may appearandtestify.lng proposed amendment. to the Small Business**~Usistance** Program SIP: October 9, 1992.• Nota: The Board may convene a meeting after the hearing to consider action on the proposal. ss/Roy S. Walker, Chairman

NEW MEXICO DEPARTMENT OF GAME AND FISH STATE GAME COMMISSION
MEETING NOTICE: The State Game Commission will meet Sept. 8, 1992, at 10a.m. attheState Capitol Building, room 324, in Santa Fe. The agenda will include ron call, introduction of guests, fiscal year 82 budget presented by Chairman Jamie Koch, any other business, and discussion from the public.

NEW MEXICO HUMAN**SER~CESDEPARTMENT** INCOME SUPPORT DIVISION
PUBLIC NOTICE The New Mexico Human Services Department was notified lessthan 60days priorto implementation of the annual October food stamp adjustmentsbythe Foodand Nutrition ServiceoftheU.S.DepartmentofAgriQJiture. The delay was the resultof last-minute Congressional iegslalion alfooling the October foodstampchanges. Thislegislationensures that there will be no adverse effects on food stamp participation for the period October 1992through September 1993. 

## New Mexico Register Volume ill Number 16 August 31, 1992

Therefore, in ordertoavoidfederal sanctions loruntimely impiEHMntation, the Department will implementon an interim basis the Ieder· ally mandated ad"JUstments to the maximum food stamp allotments; the gross and net income eligibility Hmits; the standard deduction; the maximum shelterde<::k.lction Hmitfor**non~derty/disabled** households; the shelter deduction standardforhomelesshooseholds; and the standard utility allowance. These adjustments will become effective 20 daysfrom thedateofthisnoticeto ensurethat the changes are applied to an October food stamp eligibility determinations and benefits.

NEW MEXICO REGULATION AND LICENSING DEPARTMENT ACUPUNCTURE BOARD
Notice is hereby given that the New Mexico Acupuncture Boardwill convene aRule Hear· ing to consider amendmentsto the following rules:

Rule 91-1 Rule 91·2 Rule 91·3 Rule 91-4 Rule 91-6 Rule 91·7 Rukl 91-8 Rukl91·11 Rule 91-13 Rule 91·15 Authority and Purpose Definitions Administrative Requirements Fees Licensure by Examination Licensure Withoot

Examination licensing Scope of Practice Board Duties Per1ainingtoOpenMeetings,

Public Records and Confidentiality Hearing w111 be on October7, 1992 at 10:00 a.m. NoticeisfurthergiventhattheBoardwill convene a Regular meeting on October 7, 1992immediatelyfollowingthe Rule Hearing. ConskSeration of adoption of amenanents willbean agenda item. Both the hearingand meetingwill be heldatthe NewMexicoRegu· lationand LicensingDepartmenrs largecon· terence room at 725 Saint Michael's Drive,

Page 3 Santa Fe, New Mexico. The Board may go intoclosed session during the Board Meeting lo considerspecific liCo:7nsiflg anddisciplinary cases. Personsdesiringto presenttheirviewson the proposed rules may appear in person at the said lime and place or send their written comments to the Board Office, P. 0. Box 25101, Santa, New Mexico, 87504 Written commentsmustbe received byS&pt 7, 1992.

NEW MEXICO REGULATION AND LICENSING DEPARTMENT HEARING AID ADVISORY BOARD
The New Mexico HEARING AID ADVISORY BOARD will convene a Rule Heating on October 2, 1992 at 1:00 p.m. at the Real Estate Commission ConferenCo:7 Room, 1650 University NE, Albuquerque, New Mexico. The purpose ofthe Rule Hearing is to adopt proposed amendments to the existing Board Rule on Fees. Persons desiring to present their views on the proposed amendments may write to request a draft copy from the BoardOfficeat725St. Michael's Drive, Santa Fe, New Mexico 87501, or call 505-827- 7160. All written comments must be in to the Board Office by September 15 1992. A RegularBusiness Meetingwill followtheRule Hearing. Duringthe meeting, the Boardmay enter into Executive Session to dscuss licensir.g matt&rs. Persons requiring special accommodations atthe Rule Hearing, Board meeting orexamination are asked to call the Board Office immediately so that arrangements can be made.

### APPENDIX F
HEARING TRANSCRIPTBRUCE KING GOVERNOR

December 21, 1992 

### Tom Diggs State ofNew Mexico 

## ENVIRONMENT DEPARTMENT
AIR QUALITY BUREAU Harold Runnels Building 1190 St. Francis Drive, P.0. Box26110 Santa Fe, New Mexico 87502 (505) 827-0070



### U.S. EPA Region 6 (6T-AP) 1445 

### Ross Avenue, SUite 1200 

### Dallas, TX 75202-2733 Dear 

### Mr. 

### Diggs: JUDITH M. ESPINOSA SECRETARY RON CURRY DEPUTYSECRETARY



### Enclosed please find a copy of the final hearing transcript for our public hearing of October 9, 1992 

### concerning New Mexico's Small Business Assistance Program SIP revision. The actual SIP package has previously 

### been sent under our Governor's signature. You may recall at t:hat time we did not have a final hearing transcript h1t indicated we would send it to your office as soon as it became 

### available. This letter and 

### enclosure completes this action. Sincerely,

Bill Blankensh' Program Manag Control Strategy Section

# NwHe~ 

# Ill! DRUG FREE ft'. "' 5t..u.**~ H~!**  

# 1!/1

### 1 

### 2 3 

### 4 

### 5 

### 6 STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD

7 IN THE MATTER of the Proposed Commitment to Implement 8 a Small Business Assistance Program (Section 507 of the 1990 9 Clean Air Act Amendments) 10 11 12 13 TRANSCRIPT OF PROCEEDINGS 14 OCTOBER 9, 1992 15 BE IT REMEMBERED, that on to-wit, the 9th day of 16 October, 1992, this matter came on for public hearing before 17 the NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD, before Karen 18 Rodriguez, Lanphere Reporting Service, 58 South Federal 19 Place, Santa Fe, New Mexico, in the Auditorium of the the 20 Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, 21 New Mexico, commencing at the hour of 11:30 a.m 22 

### 23 

### 24 

### 25

LANPHERE REPORTING SERVICE

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1 

### 2 A P P E A R A N C E S 3 In behalf of the New Mexico Environmental Improvement Board: 4 5 6 7 

### 8 

### 9 

### 10 11 

### 12 13 

### 14 15 

### 16 17 18 

### 19 20 

### 21 22 23 

### 24 

### 25 Roy Walker, Chairman Frank McClure, Vice Chairman Anthony Burris, Secretary David Baker, Member and hearing officer Jimi Gadzia, Member Bill Brancard, Board counsel In behalf of New Mexico Environment Department: Cecilia Williams Felicia Orth, Assistant General Counsel, NMED

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### 1 P R 0 C E E D I N G S 

### 2 October 9, 1992 3 MR. BAKER: We'll call this hearing to order. 4 This is a hearing of New Mexico Environmental 5 Improvement Board to consider proposed amendments to the 6 New Mexico Air Quality Bureau Implementation Plan. The 7**p~oponent** 

### of the regulation is the Environment 8 Department. 9 10 11 

### 12 13 

### 14 15 

### 16 

### 17 18 The proposed revisions are to meet the Small Business Assistance Program, SBAP, the requirements of the 1990 Federal Clean Air Act to amendment, Section 507. 

### The hearing will be conducted pursuant to provisions of Section 74-2-6 NMSA 1978, and the Board's guidelines governing the hearing. My name is David Baker. I'm a member of the Environmental Improvement Board and will be the hearing officer for this hearing. Board members present are Roy 19 Walker, chairman; Frank McClure, vice chairman; Anthony 20 Burris, secretary; Jimi Gadzia, member. 21 Also, present is Assistant Attorney General and the 22 Board's attorney, Bill Brancard. The court reporter is 23 Karen Rodriguez representing the firm of Lanphere 24 Reporting Service, Ltd. 25 Anyone wishing a transcript of this hearing may

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### 1 order one from that firm. The transcript will also be 2 available for review in the Board's office. 3 The EIB hearings do not follow the rules of 4 evidence as used in court, but do limit testimony which 5 is irrelevant, redundant or unduly repetitious. The 6 decision as to whether testimony is irrelevant, 7 redundant or unduly repetitious will made by me as the 8 hearing officer. 9 I will also rule on whether evidence or exhibits 10 may be admitted into the record and on any motions or 11 objections made. We will begin with the department 12 outlining the statements in the proposed regulations. 13 We will then proceed to take the testimony in order of 14 the names given. 15 If anyone has a problem with respect to time, 16 please make that fact known to the hearing officer, and 17 we will try accommodate them. Witnesses will be sworn 18 

### in by the court reporter prior to giving testimony. The 19 witnesses will identify themselves for the record. 20 Giving their name and address and who they represent. 21 After a witness has testified, I will permit any 22 interested party to examine the witness. You must be 23 aware that any statement you make for the record will be 24 subject to examination by me or by any other member of 25 the board or by any of the other parties involved in the

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### 1 hearing. 2 Before we proceed with the introduction of 3 exhibits, I would like to ask all present to sign the 4 attendance sign in sheet. Are there any exhibits to be 5 introduced into the record before we begin? 6 

### MR. BRANCARD: Yes, Mr. Hearing Officer, I'd 7 

### like to propose the following exhibits. Proposed EIB 8 Exhibit Number 1, letter from the Secretary of 9 Environment to Chairman Walker requesting a hearing on 10 the proposed amendments to the implementation plan. The 11 letter is dated July 28th, 1982. 12 Proposed Exhibit EIB Number 2 is the notice of 13 public hearing to consider proposed amendments to Air 14 Quality Bureau State Implementation Plan. 15 Proposed Exhibit EIB Number 3 which is the 16 affidavit of the Secretary of the Environmental 17 Improvement Board stating how notice of this public 18 hearing was given. 19 Proposed Exhibit EIB Number 4 are affidavits of 20 publications from newspapers around the state. 21 And proposed EIB Exhibit Number 5 is the notice of 22 intent to present technical testimony by the New Mexico 23 Environment Department. 24 (WHEREUPON, EIB Exhibits 1 through 5 offered 25 into the record.)**---------------------------------------------~** 

### LANPHERE REPORTING SERVICE LTD.1 

### 2 3 

### the record.MR. BAKER: The exhibits are admitted into

(WHEREUPON, EIB Exhibits admitted into the 4 record.) 5 MR. BRANCARD: I also propose the sign in 6 sheet, EIB Exhibit Number 6. (WHEREUPON, EIB Exhibit 6 offered into the

record.) 6



### 7 8 9 MR. BAKER: All right. Ms. Williams, do you 10 have some exhibits or do you wish to proceed with the 11 testimony? 12 MS. ORTH: Normally, what we will do, sir, is 13 put her under oath, ask her to describe the exhibits, 14 and then move them into admission. 15 My name is Felicia Orth. I'm here with Ms. 16 Williams because Section 507 under the 1990 Clean Air 17 Amendment requires us to submit a revision to the State 18 Implementation Plan and to establish a small business 19 stationary source, technical and environmental 20 compliance assistance program, and our witness today 

### is 21 Ms. Williams. 22 If you'll state your name and qualifications. 23 MS. WILLIAMS: My name is Cecilia Williams. 24 I'm the NMED Air Quality Bureau Chief. I have been the 25 Air Quality Bureau Chief three years. And prior to that

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### 2 3 

### 4 5 

### 6 7 

### 8 9 

### 10 11 

### 12 13 14 15 

### 16 17 

### 18 19 20 21 22 23 

### 24 25 7



### I have held a number of technical and supervisory positions within the Air Quality Bureau dating back to 

### 1974. MR. WALKER: Pardon me a second. If you people would like to hear, you may not be able to hear. If you'd like to move down a little closer I think you

can hear better. For the benefit of the Board, what other people from the Board are from my hometown, Clovis? MS. ORTH: Have you prepared some exhibits in connection with today's hearing? MS. WILLIAMS: Yes, we have. MS. ORTH: Describe them. MS. WILLIAMS: Exhibits NMED Exhibit Number 1 is the proposed State Implementation Plan Provision to the Small Business Assistance Program. Now, approximately two to three days ago we got some comments from EPA, so we have made three very minor changes, so this exhibit is a little different from the prior copy that you have for which we requested this hearing. And then the second exhibit, NMED Exhibit Number 

### 2, is a copy of Section 

### 507 of the Clean Air Act Amendment of 

### 1990. MS. ORTH: The Department would move the exhibits into evidence.

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### 1 

### 2 3 

### 4 5 6 

### 7 8 

### 9 10 11 12 

### 13 

### 14 15 evidence. (WHEREUPON, NMED Exhibits 1 and 2 offered into evidence.) MR. BAKER: The exhibits are admitted into

(WHEREUPON, NMED Exhibits 1 

### and 2 admitted

into the record.) MS. ORTH: Are you prepared to discuss the commitment relating to the Small Business Assistance Program? 8



### MS. WILLIAMS: Yes, I 

### am. Mr. Chairman, Mr. Hearing Officer, Members of the Board, the Department is before you today to request that you review and approve
our commitment plan to implement a Small Business Assistance Program at the time we implement the Title 

## v Operating Permit Plan. 

### 16 And the 

### 1990 Clean Air Act amendments require that 17 we submit this plan by November 15th, 1992. There are 

### 18 19 20 21 

### 22 23 

### 24 

### 25 basically three main components to the Small Business Assistance Program. The first one is that the Department designate an office for representing small businesses. That requirement is in our proposal. The second commitment is that the Department establish a Small Business Assistance Program for providing technical and compliance assistance to small businesses. That is also

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1 in our proposal. 2 When we have a Title V Operating Permit Program and a 3 Fee Program that will provide the funding to create the 4 technical business

-- the technical positions with which 5 we will provide assistance to small businesses that are 6 qualified for assistance under this program. 7 The third main component to a Small Business 8 Assistance Program required by Section 507 of the Clean 9 Air Act Amendment is the creation of a compliance 10 advisory panel for determining the overall effectiveness 11 of the Small Business Assistance Program. 12 The Clean Air Act Amendments require that the 13 Governor create a panel of at least seven members, that 14 two of the members be appointed by the Govenor and that 15 they represent the public. That four members be 16 appointed by the leadership of the House and the Senate 17 to represent small business interests and that the 18 Department Secretary appoint one member to the Board. 19 This proposal contains that commitment. The first 20 requirement for for a Department ombudsman. The 21 ombudsman will be located in the Department of the NMED 22 Secretary and will be available to help small businesses 23 with the new requirements of the 1990 Clean Air Act 24 Amendments. 25 The Technical Environment Compliance Program will

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### 1 be located in the Air Quality Bureau and will consist of 2 technical staff who will help small businesses who are 3 applicable for assistance under the program, obtain 4 permits and make sure that they're in compliance with 5 the program. 6 The commitment to create an advisory panel is also 7 in the proposal, and there is a schedule by which the 8 

### 9 10 11 

### 12 13 14 

### 15 16 17 18 19 20 

### 21 

### 22 23 

### 24 

### 25 

### Governor will be creating that panel in time for the Title V Permit Program. Now, at the last minute, we
some secondary comments from EPA. And we've incorporated them into this proposal. got

The first two are on Page 5. In Item B, you'll notice in the second line that the words and obligations
are underlined. EPA recommended that we add that and we have. Then at the bottom of Page 5, they recommended that we add Item F, which reads, "adequate mechanisms to assist small business stationary sources in determining applicable requirements and in receiving permits in a timely and efficient manner." We have added that. Then on page 6, the bottom paragraph, second line the word "environmental" is underlined. EPA recommended that we add that back in. That was just an oversight that that word was missing. Those are the only differences in the proposal. The eligibility determination for Small Business

LANPHERE REPORTING SERVICE LTD.11


### 1 Assistance Program is in Section 4 of our proposal. A 2 small business stationary source which qualifies for the 3 Small Business Assistance Program is defined in Section 4 507 C-1 of the 1990 Clean Air Act Amendment as a 5 stationary source that is owned or operated by a person 6 that employs 100 or fewer individuals. 7 Is a small business concerned as defined in the 8 Small Business Act, is not a major stationary source for 9 purposes of Title V of the Clean Air Act Amendment. 10 Does not emit 50 tons or more per year of any regulated 11 pollutant and emits less than 75 tons per year of all 12 regulated pollutants. 13 Sources that are going to be available for 14 assistance under the Small Business Assistance Program 15 are sources that are not regulated at this point by the 16 Department. Its new, very small facilities that are 17 going to be brought in primarily through Title III of 18 the 1990 Clean Air Act Amendment, which is the section 19 that regulates hazardous air pollutants. 20 So the types of sources that are going to be 21 brought in to Title V and Title V Programs, and 22 therefore, we'll need help under the Small Business 23 Assistance program in the next ten years, are going to 24 be sources like dry cleaners, who are going to be 25 regulated under Title III of the Clean Air Act Amendment

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### 1 and not dry cleaners that are large, commercial or 2 industrial dry cleaners. 3 They won't be eligible for assistance under the 4 Small Business Assistance Program. But small, privately 5 owned dry cleaners, so mom and pop operations that are 6 area sources, they emit less than 10 tons or 25 tons in 7 the aggregate of a hazardous air pollutant, which means 8 that they are not a major stationary source. But 9 they're still subject to permitting requirements. 10 These are the kind of facilities that the Small 11 Business Assistance Program is designed to help and who 12 will be receiving help as they become regulated by EPA 13 and then us through the 1990 Clean Air Act Amendment. 14 Other sources that may be receiving assistance under the 15 Small Business Program will be furniture refinishing. 16 They've been too small and we haven't regulated 17 them to duty under the State Program. But under Title 18 III some of them may be brought in as area sources under 19 the hazardous air pollutant provisions of the Act. And 20 some certain painting and coating operations are another 21 example, like depending upon how EPA promulgates a 22 neshapromat [sic], a maximum achievable control 23 technology or national emission standard for hazardous 24 air pollutants. 25 Some paint and body shops may also be regulated,

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### 1 but this is happening years down the road. At the 2 earliest, 2, 4, 6, 8 years down the road. And these are 3 the kind of facilities that are going to be eligible for 4 assistance under the Small Business Assistance Program 5 and be pulled into the regulatory process through the 6 1990 Clean Air Act Amendments. 7 And the last part of our proposal is a summary 8 schedule that shows the schedule for appointment of the 9 ombudsman creation and filling of technical positions. 10 A creation of the panel by the Governor and appointment 11 of panel members and the final date November 15th, 1994. 12 The date that we are committing to have the full, 13 at least the initial, at least one technical person, the 14 ombudsman and the advisory panel in effect for New 15 Mexico in the Environment Department. And this 16 completes my comments unless you have any questions that 17 you'd like answered. 18 MR. BAKER: Thank you, Ms. Williams. Are 19 there any questions for the Board? 20 MR. BURRIS: Yes, Mr. Chairman. Ms. 21 Williams, I have a question. Let me get this straight. 22 The federal government is directing that the states have 23 an ombudsman; is that right? 24 MS. WILLIAMS: Yes, Section 507 of the 1990 25 Clean Air Act Amendments requires that each permitting

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### 2 3 

### 4 5 6 7 

### 8 9 

### 10 11 

### 12 13 

### 14 15 16 17 

### 18 19 20 

### 21 22 23 

### 24 25 14

agency designate an ombudsman. And it's in Section 507 A-3. And it reads, a designated state office within the relevant state agency to serve as ombudsman to Small Business stationary sources in connection with implementation of the Act. MR. BURRIS: It also says that the ombudsman**~epresents** 

### the interest of small business as they relate to the implementation. And who pays for this position? MS. WILLIAMS: Regulated sources under Title V will pay for the Small Business Assistance Program including the ombudsman. MR. BURRIS: So business pays for it? MS. WILLIAMS: Business pays for it. And, in fact, the 1990 Clean Air Acts Amendment mandates that

sources regulated under Title V pay for the costs of the program. MR. BURRIS: So we have a federally mandated adversarial position set up at the State level? MS. WILLIAMS: Well, the Department certainly hopes that the ombudsman position will end up being an adversarial position. MR. BURRIS: If they're representing interests of small business and some of these concerns, regulations can affect the profit situation of a business. It seems to me that that's going to be

LANPHERE REPORTING SERVICE LTD.1 

### 2 3 

### 4 5 6 7 8 

### 9 10 11 

### 12 13 14 15 

### 16 17 

### 18 19 adversarial. They're going to be quarreling about money. It could. MS. WILLIAMS: Possibly. MR. BURRIS: That's all I have, sir. 15



### MR. BAKER: Thank you. Any other questions? MR. WALKER: Did you say you have a limited time by the federal governent of November the 15th? MS. WILLIAMS: Yes, Mr. Chairman. section 507 of the 1990 Clean Air Act Amendments requires that each state or local permitting authority submit a plan by November 15th of 1992 demonstrating how it's going to have a Small Business Assistance Program in effect by November 15th of 1994. So it's requiring us to submit a plan, a basic plan, showing how we're going to implement the Small Business Program a full two years before we have to have the program in effect. So this is a plan. MR. WALKER: This is just a plan by November the 15th? MS. WILLIAMS: Yes. 20 MR. WALKER: It has to be implemented by '947 21 MS. WILLIAMS: Yes. we have to submit it by 22 November 15th, 1992, of this year. And it has to be in 23 effect by November 15th, 1994. 

### 24 MR. WALKER: These requirements that you 25 brought before us are requirements that are set up by

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### 2 3 4 5 6 7 

### 8 9 10 11 12 13 

### 14 15 

### 16 

### 17 18 19 20 

### 21 16

the Federal Government? MS. WILLIAMS: Yes, Mr. Chairman. The proposal essentially meets the minimum requirements, the basic requirements, of Section 507 of the 1990 Clean Air Act Amendments. MR. WALKER: Thank you. MR. BAKER: Are there any questions from the audience for Ms. Williams? Thank you, Ms. Williams. MS. ORTH: If I may add, we hope you'll consider the proposal, the plan while taken, and we'll close the record today and even consider the proposal in

a meeting after this hearing. MR. BAKER: Thank you very much. MR. WALKER: Mr. Chairman, I know we have Mr. Barnett and two other gentlemen with him here. They
seem to be interested parties. I don't know whether they got the information they needed today, or if they need to ask any questions. So if you do, why don't

-- Mr. Barnett, did you say that the gentleman with you is the secretary of an organization or what? 22 MR. BARNETT: My name is K. Barnett, Jr., 23 from Clovis, New Mexico. And Luke Garland is a 24 representative of our contractors association, 25 Associated Contractors of New Mexico, and he's probably

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### 1 familiar with more than I as to what, I guess, is under 2 consideration today. 3 So I'd sure let him comment if he would like, or 4 Mike Beck is also in our association. 5 

### MR. GARLAND: Mr. Chairman, my name is Luke 6 Garland, and I'm with the Associated Contractors of New 7 

### 8 9 

### 10 11 

### M.exico. going to And from doesn't And I have what affect MS. was concerned about what effect it upon hot plants and crushers and so you say here, from the lady here, it

us very much; is that correct? WILLIAMS: Mr. Chairman, members of 12 Board, to the degree that sources that belong to was forth.

the

13 organizations are major stationary sources, they will be 14 subject to the Title V provisions for an operating 15 

### permit program. But that's not what this hearing is 16 about. 17 It's about the Small Business Assistance Program. 18 If any of your companies that are in your organization 19 end up having to be permitted, and they qualify as small 20 business sources, and this wasn't an exclusive 21 description of who will be eligible to take benefit from 22 the Small Business Program, if any of your companies end 23 up being eligible under the Small Business Assistance 24 Program, then those companies will be eligible for 25 additional assistance, technical assistance from the

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1 Small Business Program in completing**pe~mits** 

### and making 2 sure you're in compliance or some of your companies are 3 in compliance with the provisions of the Act. 4 So if anything, it will provide a benefit for any 5 of those companies that are eligible under small 6 businesses under this particular proposal. 7 MR. BAKER: Any other questions? No more 8 questions, I will order this hearing closed. 9 (WHEREUPON, hearing concluded.) 

### 10 11 

### 12 13 14 15 16 17 18 19 20 

### 21 22 23 

### 24 25

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1 2 

### REPORTER'S CERTIFICATE 3 

### 4 5 

### I, BETTY J. 

### LANPHERE, RPR-CP-CSR, Court Reporter 6 

### and Notary Public, with offices in Santa Fe, New Mexico, DO 7**H~REBY** 

### CERTIFY that the foregoing is a true and correct 8 

### transcript of proceedings had in the within-entitled and 9 numbered cause on the date hereinbefore set forth; and I DO 10 FURTHER CERTIFY that the foregoing transcript has been 11 prepared by me or under my direction. 12 DATED at santa Fe, New Mexico, this 15th day of 13 November, 1992. 14 15 

### 16 17 

### 18 19 20 

### 21 22 23 

### 24 25 Betty J. 

### Lanphere, RPR-CP-CSR

LANPHERE REPORTING SERVICE20
1 

### I N D E X 2 

### PAGE 3 

### 1. Appearances 2 

### 4 2. 

### The Witness

- CECILIA WILLIAMS 

### 5 Examination by Ms. Orth 6 6 

### 3. 

### Reporter's Certificate 18 

### 7 

### 8 E X H I B I T S 

### 9 1. 

### Request to schedule a public hearing to consider the Department's proposal to revise the State 10 

### Implementation Plan to implement the Small Business stationary source Technical and Environmental Compliance 11 

### Assistance Program 6 

### 12 2. Notice of Public Hearing to Consider Proposed Amendments to Air Quality Bureau's State Implementation Plan 6 

### 13 3. 

### Affidavit of Publication from Secretary 6 

### 14 4. 

### Affidavits of Publication from Newspapers 6 

### 15 

### 5. NMED's Notice of Intent to Present Technical Testimony 16 in the Matter of the Proposed Commitment to Implement a Small Business Assistance Program (Section 507 of the 17 

### 1990 Clean Air Act Amendments) 6 18 

### (NMED Exhibits:) 19 20 21 22 23 

### 24 25 

### 1. Proposed State Implementation Plan Provision to the Small Business Assistance Program. 2. Copy of Section 507 of the Clean Air Act Amendment of 1990

LANPHERE REPORTING SERVICE 7

7BRtTE KI);G 

### July 28, 1992 State 

### of.Vew

### Mexico EIVYIRONMENTDEPARTME.VT Harold RtmHels Building 1190 St. Francis Drive, P.O. Box26110 Santa Fe, Seu•Jfe.rico 87502 (505) 827·2850

Roy 

### S. Walker, Olairman 

### Envirornnental Improvement Board 

### 1190 

### st. Francis Drive, Rrn. 

### S-4310 Santa Fe, Nav Mexico 87502 Dear 

### Olainnan 

### Walker: Jt"DITH**~1.** ESPeWS.\ 'E'HEH.HY RO'\ ClllRY [>EPlTI SECRET\HY



### 'The. New Mexico Environment Department is requesting that the Environmental Improvement Board 

### schedule a public hear.ing 

### to consider the Departruent's prop::lSal to revise the state Implementation Plan (SIP) 

### to implement the 

### Small Business 

### stationary Source Technical and 

### Envirornnental Compliance 

### Assistance Program. 'Ihe 1990 federal Clean 

### Air Act 

### Amendments (90CAAA) requires all states to 

### sul:mit a SIP to 

### EPA for the Small Business Assistance Program 

### no later than November 

### 15, 1992. 'The propJSed SIP commits to the 

### three basic <X:lnlpOnents of an acceptable Small Bw.;iness 

### Assistance Program: 

### 1) creation and 

### appointment 

### to a Carpliance Advisory Panel; 2) appointment of a srna.ll b.lsiness 

### ornl::udsrnan; and 

### 3} formation of a srna.ll b.lsiness 

### technical and 

### cx::o:npliance assistance program in the 

### Air Quality Bureau. 'The Small Business Assistance Program 

### will be 

### funded b,y 

### 90CAAA Title V fees once the Title V regulations are in 

### place. 'Ihe propJSed SIP revision o-..:mmits to having the pro:;rrarn in 

### place no later than November 

### 15, 1994. 'The propJSed <Xl!TilTiittal SIP is non-regulatory, and 

### has 

### statavide application. We expect the hearing to be 

### non-controversial and the 

### entire hearing to last no nore than 

### one and 

### one-half hours. We 

### are requesting the 

### hearing 'be 

### held in 

### conjunction with the 

### Board's Octo'ber 

### meeting. 'JJlank 

### you for your assistance 

### .in scheduling the hearing. sincerely,

# ~~ Judith M.

# ~inosa -- 

### Secretary

xc: Frank 

### McClure, Vice Olainnan 

### Anthony Burris, Secretary 

### Jimi Gadzia, Member 

### David Baker, Member 

### Bill Brancard, EIB Attorney Cecilia Williams Cllief, AQB Tracy Hughes, 

### Acting General Counsel, NMID

### Proposed state 

### Implementation Plan Revision for the


### Small 

### Business stationary Source 

### Technical and 

### Envirornuental Compliance 

### Assistance Program 

### required by 

### Section 507 

### of the Clean Air 

### Act Amendments 

### of 1990

New 

### Mexico Envirornnent 

### Department 

### Air Quality Bureau


### before the Envirornnental Inprovement Board 

### July 28, 1992



### considered and 

### approved by 

### the Environrrental I:n:provement Board 

### on this th 

### day 

### of october , 1992 •



### Ray 

## s. Walker, EIB O:lainnan Date

### INTRODUCITON


### Section 507 

### of the 1990 

### Clean Air Act 

### A:rrlen:::lment (90CMA) 

### requires each state to sul::mit a revision to the federally-awroved SIP (state Implementation Plan) by November 15, 1992, 

### to establish a Small Business 

### stationary Source 

### Technical and 

### Erwir0l1I'tental Conpliance 

### Assistance Program (SBAP). 

### Failure of the 

### states to adequately respond could result 

### in the 

### imposition of one or more penalties (sanctions) included 

### in the statute. '!his revision to the SIP is 

### in the 

### fonn of a narrative commitment for full implementation of the SBAP 

### by 

### a date which 

### will coincide with the effective date of the state's operating permit prcgram, l:ut no 

### later than 

### November 15, 1994. EPA 

### must approve or disapprove Title V 

### permit and 

### fee prcgrams by November 15, 1994 

### (if sul:mi.tted by 11/15/93). 

### 'Ihe 

### schedule and 

### comnitment contained 

### in this SIP specifies hew and when 

### ead1 element will be 

### placed into full operation by 

### t.he NMED. 

### statutory Authority 'Ihe Governor has 

### t.he authority to create panels and determine the 

### app:>int:rne.nt process. 'lhe New 

### Mexico Air Quality Control Act 

### provides specific state authority 

### in Section 74-2-5.1., 

### Duties and Pcwers 

### of the Department and 

### the 

### IDeal 

### Agercy which 

### states, 'lhe 

### Department and 

### the local agercy for their respective jurisdictions shall: •.. E. 

### establish a srna.ll rusiness stationary source 

### technical and 

### envirornnental corrpliance assistance 

### pro;:p::am, consistent with the 

### provisions of Section 507 

### of the federal act; •.. In 

### general, the SBAP 

### includes three key 

### components, which are briefly 

### described belcw, followed by 

### a more detailed description for each component: SUmmary 

### of the Small 

### Business Assistance Program 1. 

### Designation of a 

### state office 

### to serve as Oobnri<;man 

### far small 

### businesses 

### in connection with the 

### iDpl.eme.ntati.cn of the 

### 90CAM.; 'lhe Small Business a:nl:::udsman 

### will be attached to the 

### Office of the 

### NMED 

### Secretary. Coordination between the Omb.ldsman and 

### ted:mical staff will be most 

### effective with the Qnl:udsrna.n 

### located 

### in the NMED 

### Secretary's Office. 2. ESf:ablislu•ett of a small 

### bls:iness assistance program (SBAP) 

### far providing 

### t:ecbrrlcal. and 

### cx:mplianoe assistance 

### to small 

### businesses; 'lhe technical 

### position(s) will be 

### in the NMED 

### Air Q.Jality Bureau's Control strategy/SIP Section 

### to give small b.l.sinesses 

### corrEct. technical, pennitt.i.rq and compliance information for all applicable Title V, Title III, SIP and 

### other 

### requirements.

2

### 3. 

### Creation of 

### a Complianoe 

### Mvisocy Panel 

### fer det:er:mining the overall effectiveness of the SBAP. 'Ihe 

### Governor will create a Cc.i!Tipliance Advisory Panel of eleven members. 'Ihe 90CAl>A 

### requires a panel of not less than seven members 

### with specifications regarding selection of each member. 'Ihe Governor 

### appoints two; le:Jislative leaders appoint four as specified in Section 507(e) of the 

### 90CAAA; and 

### the NMED 

### Secretary appoints one panel member. 'Ihe 

### Governor will create and 

### app::>int 

### four additional positions on the 

### advisory panel 

### consist.ent with the 90CAAA, 

### in addition 

### to the 

### m:i.nimum seven members 

### required by 

### law. 'Ihe NMED 

### Secretary will appoint the NMED 

### panel member 

### from NMED 

### to provide the 

### panel with knowledge of the 90CAl>A and 

### the 

### permitting and 

### enforcement program. For example, the NMED 

### secretary may**~int** 

### herself or the 

### Environment Protection Division (EPD) 

### Director or staff within the Department. 'Ihe 

### Governor will also appoint one panel member 

### fran the 

### Albuquerque Environmental Health Department 

### to serve on the advisory panel based 

### on the recomrnend.ation of the Director of the AJJ-,uquerque Envirornnental Health Department. 

### 'Ihe NMED Ombudsman and 

### the NMED 

### Air Quality Bureau technical SBA.P 

### staff position(s) will be 

### created arrl funded with Title V 

### emission fees. A l:u::lget will be 

### established through 

### Title V 

### fur:rling 

### for expected 

### activities of the 

### advisory panel such as printing, mailings and 

### meetings. More detailed infonnation on the three ccu:rponents 

### is contained in the 

### remainder of this 

### SIP. Albuquerque Small Business 

### Assistance Program 'Ihe Albuquerque/Bernalillo County 

### Envirornnental Health Department, which has 

### responsibility for the local 

### air prcgram, nust 

### also implement a Title V operating permit program and 

### a small business 

### assistance program and 

### will have an Ornb.ldsman and 

### technical permitting and 

### compliance Small Business 

### Assistance Program staff. 'Ihe Compliance Advisory Panel 

### created by the 

### Governor will serve for both the state and 

### local SBAP 

### programs. 'Ihe Albuquerque air program 

### will have a public hearing before the local Board 

### on their SIP revision for the 

### Albuquerque/Bernalillo County 

### SBAP, which 

### is also due 

### to EPA by 

### November 

### 15, 1992. As 

### mentioned above, the 

### Governor will**~int** 

### one of the 

### additional four Compliance Advisory Panel members 

### to represent the 

### Al.b.lquerque/Bernalillo County 

### Envirornnental Health Department.

I. 'IHE 

### NMED CMBUDSMAN 

### 'Ihe Oml:udsman 

### will be located in the Office of the 

### NMED 

### Secretary and 

### will be 

### appointed by 

### November 15, 1994, 

### to represent the 

### interest of small businesses, as they relate 

### to the implementation of Section 507(a) (3) of the CAM.. '!he 

### NMED Secretary is the state equivalent 

### to the EPA Reg"ion VI Administrator with respect 

### to implementation and 

### responsibility far envirornnental programs.
3

### 'Ihe Ombud.srnan 

### will be 

### capable of representing small b..Isiness 

### concerns to 

### the state air pollution control agency by 

### loc..ation 

### in the 

### Office of the 

### Secretary. As 

### appropriate for the function of the office, the Ornl:::u:lsman will have access to indi victuals or governmental units such 

### as the 

### Secretary of the 

### Environment Department, state legislators, the 

### Governor's office, the Attorney 

### General, and others through 

### location 

### in the Office of the Secretary. 'Ihe Om1::udsman 

### will have sufficient capability and 

### resources to identify problems and. make 

### recommendations as they 

### relate to implerrentation of the SBAP. 

### 'Ihe Ombud.srnan 

### will establish a relationship with other 

### representatives of small b..Isi.ness 

### in state goverrnnent by 

### means of coordination initiated by the Ombudsman 

### and 

### will assist in establishing a clearinghouse mechanism for provtding referrals of small l:usiness to the SB1\P 

### for information. As 

### authorized by 

### existing state law and 

### regulations for access to information, the Ombud.srnan 

### will have the authority to obtain data available to the 

### public from other state agencies. SUfficient resources, such 

### as printing and 

### mailing costs, will be 

### provided 

### to the NMED 

### Office of the Small 

### Business Ombudsman 

### to enable that office 

### to discharge its 

### new responsibility effectively. Resources 

### will be 

### made available through 90CAAA 

### Title V 

### fees when 

### regulations are 

### prepared and 

### become 

### effective at the state level. 'Ihe Ombudsman 

### will also assist 

### in providing information regarding the SBAP 

### to small b.JSinesses by 

### addressing trade associations and. 

### other 

### industry 

### groups, assistin;J with 

### seminars, workshops and 

### preparation of outreach materials.
II. NEW MEXICO ENVIRONMENI' 

### DEPARIMENT SMAIL 

### BUSINESS ASSISTANCE PRCX;RAM 

### 'Ihe technical canponent of the 

### SBAP will consist of state technical expert.(s) who will respond to requests for assistance fran small b.lSinesses. 'Ihe 

### staff will be 

### located in the Air Quality Bureau's Control strategy 

### /SIP section, and 

### will be 

### able to respond to permitting and 

### corrpliance questions. 'Ihrough 

### use of available training, SBAP teclmical staff will include personnel reasonably knc:Mledgeable in Title V permitting rules and 

### SIP developnent and 

### enforcement. If additional help is needed, SBAP teclmical staff will be 

### able 

### to confer with other 

### technical experts 

### in the 

### Air Quality Bureau and 

### EPA 

### in order 

### to provide the appropriate technical assistance to small b..lsinesses. 'Ihe 

### NMED 

### estilnates 

### that two-three full-tim= teclmical positions, whose primary responsibilities will be 

### the NMED SBAP, may be 

### sufficient for this 

### ca:rponent. 'Ihe program will be 

### funded with Title V fees. Adequate m=chanisms will be 

### established to meet the 

### requirements of section 507(a) (1,2,4-7). 'Ihese mechanisms will include the 

### follow.in:J programs: 1. A process will be 

### developed for addressirq trade 

### associations and 

### other industry groups 

### as appropriate.

4

### 2. Public service announcements may be 

### prepared as appropriate arrl 

### submitted 

### for broadcast. Seminars and 

### workshops will be 

### conducted as awropriat..e. 3. 

### Available resources suC'.h 

### as the Control Tedmology Center (CI'C), 

### the 

### Einissions Measure:ment 

### Technical Information Center (EMI'IC) and 

### other EPA 

### services will be used 

### as feasible 

### to aCXIUire ted:mical 

### information with which 

### to assist small businesses. 4. 

### Information may be 

### exchanged with the 

### air agencies of neighboring states as 

### appropriate. 5. 

### Coordination will be 

### done with other**ag~ies** and 

### organizations 

### to help refer small businesses 

### to the 

### Small Business 

### Assistance Program. 

### A clearinghouse 

### or other process may be 

### established 

### to aid 

### in referring small 

### busiriesses inquiries 

### to the SBAP 

### for information. 6. A toll 

### free hotline telernone mnnber has been 

### established for the 

### NMED and 

### may 

### also serve 

### as the SBAP 

### hotline. 7. 

### Information packets will be 

### developed arrl 

### distrib.rted 

### to small businesses 

### upon reg_uest. 8. Mechanisms 

### will be 

### est..ablished 

### to assist small businesses 

### with pollution prevention an::l 

### accidental release detection and 

### prevention technical 

### information. 9. 

### Provisions will be 

### made 

### to provide canpliance assistance information 

### to small businesses 

### to aid them 

### in identifying applicable requirements, obtaining 

### pennits 

### in a timely fashion, an::l understanding 

### facility rights and 

### obligations 1.:rrrler the 90CAAA. The information will help small l::8..1sinesses (1) 

### identify applicable rules; (2) 

### determine permit awlicability for sma.ll business 

### sources; (3) 

### identify alternative control technologies for sma.ll business 

### sources; an::l (4) understand 

### permitting procedures includin;J awlications1 

### fees 1 

### and 

### permit canpliance requirements. 10. As 

### allowed by 

### federal and 

### state statutoiy and 

### regulatory requirements. 

### procedures for consideration of small business requests 

### to mcdify wurk 

### practices, compliance methods, or their inplementation sche:iules 

### will be 

### established through 

### the operating permit regulations which will be 

### developed by 

### the NMED.


### III. NEW MEXIO) o:MPLIANCE ADVISORY PANEL 'Ihe Compliance Advisory Panel created by 

### the 

### Governor will serve for both the 

### state and 

### local SBAP 

### programs. 'lbe Governor will create a Compliance Advisory 

### Panel consisting of eleven individuals and members 

### who will be 

### appointed no later than November 

### 15, 1994. 'Ihe Governor will create four additional positions beyorrl the 

### miniira..nn seven prescribed by 

### law, raising the total 

### to eleven, whidl will provide for broader 

### input 

### to federal goverrnnent. 'Ihe Governor will use criteria for selection of 5

### the additional members which 

### is 

### consistent with the 

### language and 

### intent of the· 90CAAA. 

### The Governor will appoint one member from 

### the 

### four additional rre.mbers 

### of the advisory panel to represent the Albuquerque 

### Environmental Health Department to provide information to 

### the Panel regarding the Alb.JquerquefBernalillo Cotmty 

### air program. 'Ihe minimum 

### seven members mandated by 

### the 90CMA 

### will be 

### selected as follows; two (2) members 

### who are 

### not owners nor representatives of 

### owners of small b.ls:i.nesses 

### representing the 

### general public will be 

### selected by 

### the 

### Governor; one (1) member 

### will be 

### selected by 

### the Secretary 

### of NMED 

### to represent the agency; and 

### four (4) members 

### will be 

### selected by 

### the 

### state legislature (le::Jislative leaders) consistent with Section 507 (e) of the 90CAM. 

### 'Ihe Compliance 

### .Advisory Panel has the 

### following specific functions: 1. 

### Render advisory opinions on the 

### effectiveness of the 

### SEW>; 2. 

### Prepare pericillc reports to the E.P.A. on 

### the CXJinpliance status 

### of the Small Business 

### stationary Source 

### Technical and 

### Envirornnental Carq;.>Uance 

### Assistance Prc:XJram and SBAP 

### following the 

### intent of the provisions of the Paperwork Reduction Act, 

### the Regulatory Flexibility Act, 

### and the Equal Access 

### to Justice Act; and 

### 3. 

### Review information prepared by 

### the SBA.P 

### far small b.lsiness 

### stationary 

### sources to assure 

### such information is understandable to the 

### non-technical person to the rnaxi.nrum 

### extent possible given the nature 

### of the 90CAAA. 

### The implementation and 

### maintenance of the SBAP 

### will be 

### supported by funds 

### derived from Title 

## v requirements and, 

### for that reason, ti.mirg of SBAP 

### implementation to 

### coordinate with timely adoption of the Title V 

### permit regulations is critical.

IV. ELIGIBILITY 

### DEI'E.RwUNATIONS Small b.lsiness 

### stationary 

### sources whim 

### qualify for the Small Business 

### Assistance Program 

### are defined in Section 507 (c) (1) of the 90CAAA as a stationary source that: (A) is owned 

### or operated by 

### a person tllat enploys 100 or fewer 

### in::lividuals; (B) is a small b.lsiness 

### conc::x:.m1 as defined 

### in the 

### Small Business Act; 

### (C) is 

### not a major stationary source; (D) does 

### not emit 50 tons or more per 

### year of 

### any 

### regulated pollutant; and 

### (E) emits less than 75 tons per 

### year of all regulated 

### pollutants. 'Ihe NMED will establish a method for ascertaining the 

### eligibility of small b.lsiness 

### stationary 

### sources to 

### receive assi.stanc:e un::ler this program which

6

### includ.es an evaluation of a source's eligibility using the 

### criteria 

### listed above from Section 507(c)(l) of the 90CAAA. Sources 

### that do not meet the provisions of Sections 507(c) (1) (C-E) of the 90CAAA, and 

### which 

### do not emit more than 

### 100 

### tons per 

### year of all regulated pollutants, may petition for grants of eligibility under the SBAP from the 

### NMED. NMED will develop criteria for evaluating petitions. Any grants of eligibility considered by 

### the NMED will be granted 

### only after :p.lblic notice and 

### ccmnent. Sources 

### or source categories with sufficient financial and 

### technical resources 

### to meet their obligations under the 90CAAA may be 

### exclud.ed by 

### the NMED from receiving assistance under the Small Business Assistance Program. Any exclusion by 

### the NMED of sources or source categories from the SBAP will occur only ·after public notice and 

### opporb.mity for public corntTE1t. NMED will develop criteria by 

### which 

### it may choose 

### to reduce or waive fees 

### to small businesses 

### eligible for the SBAP.

7SUMMARY SOfEDULE



### NMID SJW> 

### SIP IMPLEMENI'ATION
No later 

### than:
November 

### 15, 1994 NMID 

### Ornb.ldsrnan will be 

### appointed.

November 

### 15, 1994 SBAP technical and compliance staff 

### positiors will be 

### created in the 

### Air Q<Jality 

### Bureau and filled.
November 

### 15, 1994 The Nev.r 

### Mexico Compliance 

### Advisory Panel of eleven rrernbers 

### will 

### be 

### created and rrernbers 

### will have 

### been appointed consistent with the 90CAM.

8

### NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD NOTICE OF PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO AIR QUALITY BUREAU'S STATE IMPLEMENTATION PLAN The New Mexico Environmental Improvement Board will hold a public hearing on October 9, 1992, beginning at 11:00 a.m., in the Auditorium of the Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, New Mexico, to consider proposed revisions to New Mexico's Air Quality Bureau's State Implementation Plan. The proponent of the plan is the Environment Department. The proposed nonregulatory State Implementation Plan revisions are to meet the Small Business Assistance Program (SBAP) requirements of the 1990 Federal Clean Air Act Amendments, Section 507. The proposed plan may be reviewed during regular business hours at the office of the Environmental Improvement Board, Harold Runnels Building, 1190 St. Francis Drive, Room S-4310, Santa Fe, NM and copies may be obtained by contacting Bill Blankenship, Health Program Manager, Air Quality Bureau, P.O. Box 26110, Santa Fe, NM, telephone number 827- 0075. The hearing will be held in accordance with the Air Quality Control Act, Section 74-2-6 NMSA 1978 and the Board's Guidelines Governing hearings. All interested persons will be given a reasonable opportunity at the hearing to submit relevant evidence, data, views, and arguments, orally or in writing, to introduce exhibits and to examine witnesses. Persons desiring to present technical testimony shall submit to the Board a written statement of intent to do so. Any person who will paraphrase, summarize or read from a prepared statement must submit the written testimony together with the statement of intent. The notice of intent shall include:

name and qualification of each technical witness; the name of the person proffering the witness; whether the person proffering the witness is a proponent, opponent, or interested party; describe the nature, subject and anticipated length of the testimony; identify the specific aspects and proposed action along with alternative language proposal where appropriate; list and describe technical exhibits to be offered in connection with the witness' testimony. Notices of intent with the written statements, or written statement to be incorporated into the public record must be received in the Office of the Board not later than 5:00 p.m. September 25, 1992 and shall be entitled: "Statement for the public record regarding proposed amendments to the Small Business Assistance Program SIP: October 9, 1992." Note: The Board may convene a meeting after the hearing to consider action on the proposal. ss/Roy S. Walker, Chairman

### STATE OF NEW MEXICO ss


### . COUNTY OF SANTA FE

A F F I D A V I T 

### I, Barbara Rivera, being duly sworn and upon oath state that: 1. 

### As secretary to the Environmental Improvement Board of the State of New Mexico, I am responsible for all duties involved in this office. 2. On August 17, 1992, 

### a notice of public hearing to consider proposed amendments to the Air Quality Bureau's State Implementation Plan (SBAP) was mailed to the following newspapers: the Alamogordo Daily News, Albuquerque Journal, Artesia Daily Press, Carlsbad Current Argus, Farmington Daily Times, Gallup Independent, Grants Daily Beacon, Hobbs Daily News,**L~s** 

### Cruces**Sun~** 

### News, Las Vegas Daily Optic, Lovington Daily Leader, Raton Range, Roswell Daily Record, and Silver City Daily Press, for publication as soon as possible upon receipt. 3. I also mailed the notice of public hearing to be published in the New Mexico Register on August 17, 1992. 

### The notice was published on August 31, 1992 

### and which appeared in Volume III, Number 16 of the Register. 4. In addition, those persons requesting such notification were also sent the public notice following the list held in this office.

Barbara Rivera
SUBSCRIBED AND SWORN to before me this 15th day of September, 1992.

# ~ My Commission expires: 

# 03-CO -C)(o 'EXHI,BIT 

# E: 183

# ..

STATEMENT Sought of

# 1\lnmngnr~n

# mnily NtntB

P 0. BOX 870 Establilhod In Auguot 1896 PHONE: 437·7120 ALAMOGOIIDO. NEW MEXIC0-88310
Published Doily Except Saturdoy Genorol Circulation In Otero County, New Muico [i : 

### u:::::/ 24/ ·:;· .o: 

### e: ,: j ;;: :.T**i\~f:-•1'1E:** i·J;-'1 ;_: ,-, ··.; 1r (• n**m<~**r• t .-,, i Hi:j_,,..,: :·• ,:;:unn<:.· 1s B i**d9i~:i•J::.,-4J** l:(l LASf:lmProvement Board**{~DD~::ll'~''.J** 

### ::.t. r-·r":l.r,cis [lrive 

### r: 

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### nc:..,_ 

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## c -: PUBLICAllON NO. u6;4 AD $2C::. t_:.•**~:** $ 1. 7 7 $**~:0. ~:'i)**  4**~~5** 6 7**~·Ef:~:**

T i ::,;

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All accounts are due and payable upon receipt of this statement.



### cXI-l/8 

### tT



# e IB 

# 4

# Affidavit of Publication
ALAMOGORDO, STATE OF NEW MEXICO, ss. COUNTY OF OTERO.

Thomas W. Reeves being duly sworn, on oath says that he is the Publisher of the Alamogordo Daily News, a newspaper of daily circulation, published and printed in the English language at the city of Alamogordo, Otero County, State of New Mexico. That the Alamogordo Daily News has been regularly published and issued for more than nine months prior to the date of the first publication hereinafter mentioned.
That the attached notice was published

_ _,.Ou.n.._,e..__.l..(_.l...J.)'--- times in

____**___::O::..:n=ec~:....=.l...~.-**______ issues of said newspaper, and not in
any supplement thereof, the first publication being on:

__**__::_:A:.:::u:..:g:t..:u~s=t__::2::...4.:...-**__ , 19 -·--=--"'-- , and subsequent publications being on: --------------------------------------------
That said notice was published in accordance with the laws of the State of New Mexico.

Subscribed in my presence and sworn to before me this the 25th day

# olq;:::;;

"1 19 92

# ~'Y Public. My commission expires June 8' 1996

Publication fees: 

### $ 30. 39 (1'06.34- published "' lt\e AJamogordo Doily News August 24, 1992) NEW MEXICO**EIWIRONME~** TAl IMPOC>vtMENT BOAAO NOTICE Of PUBUC HEARING TO CONSIDER PROPOSED AMENDMENTS TO AIR QUALITY BUREAU'S STATE IMP\.EMENTATON PIAN

!he New**Me~lco** EnWonmenlal Improvement Boord wil hold a public hearing on Oclaber 9, 1992. beginning at 11:00 a.m., In the AudltQf· lum Of the HarOld Runnels Building. 1190 St. Francia C.ive, Santo F1!l' New Melllcc, to CXlnlider propoeed rw!- llona to New Meldco'a AJr Quafity BuleCIU'1 Stole lmplemenlofton Plan.

!he proponent of the plan is the EI"I\/Wonment**~** ment. !he**~** noMtgulotory Stole lmpiementoilonPlanrevillonaareto meet the SmaH Eluli1ea Aslislonce Program (S8AP) requlremenfll oflhe l'XlO Federal CleanAJr Act Amendments. SeeMan &11, The piOpOal!>d plan may be reviewed during regular bullnel8hou.sat!heotnceof the Envlranmen1tll Improvement Board. HarOld Runnela Building. 1190 St. Francia C.lve. Room5-4310. SanklFe. NM and copies may be air talned by contacting Bill Blankenahlp, Healftl Program Manager,Air Quality Bureau. P.O. Box 26110. Santo Fe. NM telephone number 827-<XI75.

The healing wll be held In accordance wltll tile Air Qualty Control Act. Sectton 74-2-<. NMSA 1978 and the Board'a**~** Govemlng hearlngl.

AH lntetelted pet'10nll w11 be given a reaaonoble opportunity at the hearing to submit releV<Jnt evidence, data, viewl. and orgumenll, OIOIIy or In writing. to Introduceexhlbltaandto examine wltnesaea. Peraona detlrlng to present technlcol testimony shalf submit to the Board a wrilten statement of Intentto do ao. Any pe110n who wil paraphrase. summariZe or read from a prepared state- mentmuatsubmit the wrtt1en teallmony togelhef with the atotement of Intent. The no- lice of Intent lhoH lnctude: name and qualflcaflcn of each technical**~;** !he name of ltle penon prolfellng the**~;** whether the peliOn protfeflng the**~** 11 a proponent, opponent.or lnlefealedparty;detctl:lethe nature. lll.lbject and anlldpaled length of the testimony;ldenlilytheapedflcoa- pecll and propoled action along with the allefnotlve language proposal where appropriate;liltanddeactlbe tec:hnlccli exhlblll to be offered In connection wlftl the wltneaa' teallmony.

Noticea of Intent wltll the wntten llotemenll.or written llo1wment Ia be lncorpraNtd Into the pubiC record muat be received In the Otflc:e at the Board not latt!tf !han 5:00 p.m. Septembef25, 1992 and ahaH be entitled: "Skltement tor the public record regardIng propc»ed amendmenll 10 the Smoft**8UII~** ..... lance Program SIP: Ocftlber 9, 1992""

Note: The Board may convene a meeting otter the hearing10CXlnlideractionon the prOI)OIOI. w.JQoy S. Wa4kef, ChairmanHEWUEX\CO ENVIRONIAENTAI. IMPROVEMENT BOARD NOncE OF PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO AIR QUAUTY BUREAU'S STATE IMPI.EMENTATlON PLAN The New Mexico Environmental Improvement Board will hold a public hearing on Oc:Wber 9, 1992, beginning at 11 :00 a.m., ih the Audlorium cA the Harold Runnels Building, 1190 St. Frards Drive, Sana Fe, NM, 10 consider proposed revisions to New Mexlcos lVI Quality Bureau's Stale lmplemeotalion P1an

The prc-ponent of the amendment is the Environment Department. The proposed oonregulalory Stalll Implementation P1an revisions are to meet the Small Business Assistance Program (SBAP) requirements ol the 1990 Federal Clean Alr Act Amend-**men~~~** Section 507. The proposed plan may be re\liewed dullng regular buslness hourn at the Oflice ol the Err.tironrnerml Improvement Beard, Harold Runnels Buildlng, 1190 St. Francis Drive, Room $4310, Salta Fe, NM and coplea may be obtained 

### STATE OFNEW MEXICO County ofBernalillo 

## ss ThomasJ.SmithsonbeingdulysworndeclaresandsaysthatheisNationalAdvertising managerofthe Albuquerque Journal ,and that this newspaperis duly qualified to publish legal noticesoradvertisements within the meaningofSection 3, Chaper 167, SessionLaws of1937,andthatpaymentthereforehas beenmadeorassessedascourt costs; thatthe notice, acopy ofwhich is hereto attached, was publishedin saidpaper in theregular daily edition, for

.............../..

..........................limes, the first publication being on the

....

## ~-~..day of..

......................

# ~ ........................, 1992,and the subsequentconsecutive publications on...................

# ..qu ..**~**

# .................**7'"·::;.i~·":::r.:,l1r'J'I;r\""'""''** 1992. 

### ? ('J/1'1,;,(

. 

# > 1.

. . '""''t' \..**~** 

### . ' 1 ' .• by cortactingBill Blankenship, Healh**~** Program Manager, ·Air**Quality~·~~ ~IAL**  

### SEAL/!{ Bureau, PO Box 26110, Santa Fe,

.1 NM, phone 827..()()75**~**

All Interested persons will be given**~r** I**;,~,.** ·. .. areasonableopportunl!yatthehear· -. c;·!

. 

## TE ORTIZ 1ngto submlrelevantevidence,**data.~~** 

### dERNAD ET Swornand subscribed to beforeme,

### aNotary Public in and for the Countr,ofBernalilloaM**~~~of**New Mexico, this

...

# a.':t:

..... day of

......

### ~......, 1992. PRICE

.......................

# ~.~;.S-:1........................ 

# =·**~ ~~ly**  

## S: :1 J\IOTARY PUBLIC-NEWMEXICO exarrune witnesses. PersonsdesltlngiBOND FILED WITH**SEGA;:~y** OF. STAT 10 pn!S8fC technical lastimony shall ;'\) submit to the Board, a wrtl!en

### stam.r•m::m::;is~s:io~n~Ex:!~i:;re~s==.=:::~:6~6l::::·**'i~t~·** ment ollrmnt to do 90. Any pel1lllflj.. who wUl paraphrasa, saJmmartza or · read flom a prepared statement CLA-22-A (R-12/92) submit the wrtl!en testlmony together with the statement cA intent. The

. notice ot lmlnt shall Include:

name and qualification ol each lechnicaJ wlnesa;

the name cA the person proffering the witness;

whether the pernon proffering the witness Is a proponent, opponer«. or Interested party;

describe the nature, subjed and llllticlpated length of the testimony;

lderdy the specllic aapedS and proposed action along with alematlve language proposal where appropriate;

list and describe technical exhlbb 10 be offered In connection will the wiitnesa testimony

Notices of Intent with the written statements or written statement:s 10 be lncorpornted Intothe public record must be received In theO!llce of the Board not later!han5:OOpm**Se~Um** ber 25, 1992 and shall be entitled: "Statement for the public I'GCOid regarding proposed amendmenta to the Small Bualneu Assistance Program SIP: October 9, 1992

Note: The Board wUl COI1II8Il8 a meeting afterthe hearing to consider action on the proposal Roy s. Walker, CheJnnan Journal: August 23, 1992 Statementtocome atend ofmonth. ACCOUNTNUMBER

.......

# C..Z.d.V..J..D

..............

# RRifSIR ORilH 

# PRfSS

501 W 1\.{thn_ P 0 Drawer 179, Anes1a N M 882i0 PHONE: (505) 746·3524 CLASSIFIED ADVERTISING INVOICE 

# II AMOUNT OUE

### -~ 

### ...__1$

# _31_Q:I

_ __j

YOUR AO READ: SIPHEARINGS ADDRESS CORRECTION REQUESTED Envir.Impr. Board 1190 St. Francis Dr. Santa Fe, 

### I'm B7"i03 

# F RETURN WITH VOUR RBIIITTANCE

# I

STOP DATE**21-Aug~-92** ADNUM: CLASSIFICATION 99 31225 $31.91

# AffidavitofPublication

No. 

### 14064 STATE OF NEW MEXICO, County ofEddy: 

### --'G=-=a=r::....Yc......:::D:..::.:....._:::S:.::c:.::o:...:t:.::t:-

__________ being duly
sworn, says: Thathe is**the___,Pub~"'-1"-'l=-· =:Sh~e;:.r** 

### ______ ofThe Artesia Daily Press, a daily newspaper of general circulation, published in English at Artesia, said county and state, and that the hereto attached 

### Legal Notice

was published in a regular and entire issue of the said Artesia Daily Press, a daily newspaper duly qualified for that purpose within the meaning of Chapter 167 of the 1937 Session Laws of days the state ofNew Mexico for_---"1=---

___ consecutive weeks on the sameday asfollows: First Publication

___ 

### A_u_gu'--s_t

__ 2"-1__,,'---1_9_9_2

__ Second Publication

________________ _ Third Publication

_________________ _

Subscribed and sworn to before me this.

___**..~-7_,th..._**__ day of 

### September**19_~** 

# &q dL-<-<'-'

# L

<

# \;r::l.C-d**~** Notary Public, EddyCvunty, New Mexico My Commission expires 

### September 23, 1996 'LEGAL NOTICE 

## Cr
-**;·~o~Ai.** 

## ..-

# ·ion IMPROVEMENT BOARD ' NOTICE

### OF PUBLIC HBAR-**~f** -_. --, _: ING'-'' ::_J'. TO CONSIDERPROPosED AMENDMENTS TO

- A1RQUALITY B_tlREAU'S STATEIMPI£\1ENTATION

. .**_PLAl(~-.-'** _, The NewMe.iicoKnviroiunen-

., tal Improvement B9ilrd will

hold apublic hearing**~** OCtober 9, 1992, beginnin& at**}J~** a,m.,jn**the~** , of the IIar0)4**R~** ,Build-



### -_fill. .1.190

### _st. 

## funcu·nnve.**~** Santi

### Ff:.

### ':KewM&i$.

### iO

## con.: ' side-r·propo'seii tei'Jli<)'it8

## to
· NewMc:xico's A:&Qiiality bureau's State ImpletneiJtation Plan. '

. 

# p.c**~~**

# gf**~~it**
.oue .J;!ziV1ronment**~~t.** The

### Proposed iionreguiatory State Implementation Plan revisions are to meet the Small Btisihess·Assistance'·, Program (SBAP) req_uirements**o~** the

# tm .federal (;J&D

### Ali 1 Act Amendments,**~ecrion** '
·507 ••.1be**~sed** .**...r~"** may 

## ''be'fgyrev.rea**a'Ufin)~gD1ar ~** 

## I bllSllleas hours at the officeof; the Bnviroilmental 'tliiprCive- ··**m~t ~**  Harold Rurinds _:Buit4lng,**1-~90.'.St.·:Frimc1s 'Drl~e;--R.~'m~'llff;** 

### Stittta**~­** 

### Jl'e,**NM.""iUW--~ies**

### rna**·~-ob-** 

## r'* ,l:taiqeil

### l>r.~tacH~g'Bm :BtalikensliiPYlleru!h Program

Managa-, Air Quality Bnreao. P.O. Box 26110, SantaFe,

, NM, celephone numba- 821-

0075

. . . '. .., The

### hearlng-~:~Jield,in accordance with the Air QUality Control Act, Section 74-2-6 NMSA 1978 and the Boan!'s

_Guidelines Governing hearings..... ·... - All 

### iiltcrested

## persons will be
·given a reasonable opportunity
· at the bearing to submit relevantevidence, data, views, and arguments, orally or in writing. to introduce exhJ'biiS and to examine witnesses. Pa-- sons desiring topresenttecbni-**~** cal**~ny** l!hall**~** to the Board a Written Staiernent ofintent to do so. Anypemon

- who will 

### P!U'IPhrase.**~** 

## '·file. or**~- ~~**  a ptql8Ied

statementmustsubmitthewrit-

- ten testimony together witb

thestatement

### otintent.Tfie'iio-

,, ticeo(inteiltshall include: r "·name'

### ilnd qualifiCation**of~** ' technical

### WitiiesS: •·' :**'"tiie'-~'ofihe·~~' ·--~**  '· ferlrig

## die~';(#.~ ' whethet·fh6

### -pemil

### ptolraing

,.the

### witness**~·a ~t,**  op-**·~**ponciilt.**«.in~~·-.** 'fdes·cnoetlie)atlire, subject**r~i'lrld** • • · · 1 · otT'Iho**res~. ~-**  

### ·-· - . . .

.**id~~** 

### :•'nd**~i'oposc ~actioD;**  a 

### on1

## ·~~;r~~~~llt~. ''list aiid deScribe 

### teclinkal elt-.

hibits to be offered in C0'1nec-

## F---------

¥**l~f** CARLSBAD CURRENT-ARGUS 620 South Main e P Q, Box 1629 Carlsbad, New Mexico 88220 (505) 887-5501 CLASSIFIED ADVERTISING INVOICE

"" '; -· - " 

## .- STARi DATE -
. -sTOP DATE NO INSERTIONS NO LINES CLASSIFICATION ADNO ····-·

AMOUNT DUE IF PAID AFTER i _I _,

, =· I.___$ ____.
YOUR AD READ:

- ;;. i F - ----'-1

RETURN POSTAGE GUARANTEED

[ PLEASE RETURN WITH YOUR REMITTANCE

,.-iLl\ P.JI'l ·**~** ;**~· ~j**  0

:71uvtA."

### :!/-

# -~-=--=-~**_..:_:__:_~~-----------** 

# __i_

# _N_o~_J.]50

# 9-------

# Affidavit ofPublication State ofNew Mexico, County ofEddy, ss. E. C. Cantwell, being first duly sworn, on oath says: That he is publisher of the Carlsbad**Current~Argus,** a newspaper published daily at the ·City of Carlsbad, in said county of Eddy, state of New Mexico and of general paid circulation in said county; that the same is a duly qualified newspaper under the laws of the state wherein legal notices and advertisements may be published; that the printed notice attached hereto was published in the regular and entire edition of said newspaper and notin supplement thereof on the date as follows, to wit: 

### AUGUST 26 92 ------------, 19--

______________ ,19-- -----------------,19

__
------------, 19-- thatthe cost ofpublication is $ 3 3 · 9 9 , and that payment thereof has been made and will be

### assess~:ras cert

### cc~,

Subs.cribed and sworn to before me this

# ~dayof**;@:~** 7/22/96 My commission expires_.....;._ _;____ _ Notary Public

### N~ 

## 1 4 6 8 3

### FARMINGTON DAILY TIMES P.O. BOX 450 FARMINGTON NM 87499 (505) 325-4545

N.M. ENV IMPROVEMENT HAROLD RUN BLDG RM S-4100 1190 ST. FRANCIS DR. SANTA FE, N.M. 87503

CUST. ID

.. : NMEIB2 NET 30 09/21/92

LEGAL #29933 PUBLISHED FRIDAY, AUGUST 21, 1992

132 LINES 

### @ .27 PER LINE 29933 08/21/92 1



### NET AMOUNT: TAX: TOTAL DUE: 35.64 

## *

35.64

2.03 

### * 37.67

### AFFIDAVIT OF PUBLICATION

STATE OF NEW MEXICO, County of San Juan: No. 29933

CHRISTINE HILL being duly sworn, says: "That she is the NATIONAL AD MANAGER of The Farmington Daily Times, a daily newspaper of general circulation published in English in Farmington , said county and state, and that the hereto attached LEGAL NOTICE
was published in a regular and entire issue of the said Farmington Daily Times, a daily newspaper duly qualified for the purpose within the meaning of Chapter 167 of the 1937 Session Laws of the State of New Mexico for ONE consecutive (days) (/////) on the same day as follows: First Publication FRIDAY, AUGUST 21, 1992 Second Publication

__________________________________ __ Third Publication

____________________________________ ___ Fourth Publication

__________________________________ __ and the cost of publication was**$~3~7~·~6~7~-----------**



### Subscribed and sworn to before me this 

# 2-JR day of AUGUST 1921_
Notary Public, San Juan County, New Mexico My Comm expires: 

# qd.ne 31 ICB'3 COPY OF PUBLICATI NEW MEXICO ENVIRONMENTAL IMPF NOTICE OF PUBLIC HEARING TO COt AMENDMENTS TO AIR QUALITY B IMPLEMENTATION Pl The New Mexico Environmental Improvement Be beginning on October 9, 1992, at 11:00 p.m, in the A1 Building, 1190 St Francis Drive, Santa Fe. New Mex sions to New Mexico's Air Quality Bureau's State lmple The proponent of the plan is the Environment Dep< ulatory State Implementation Plan revisions are Assistance Program (SBAP) requirements of the Amendments, Section 507 The proposed plan may b< ness hours at the Office of the Environmental lmpro\ Building, 1190 St Francis Drive, Room S·4310, Sant obtained by contacting Bill Blakenship, Health Prograrr P 0 Box 26110, Santa Fe. NM. telephone number 827

A hearing will be held in accordance with the Air Qu 6 NMSA 1978 and the Board's Guidelines Governing h< All interested persons will be given a reasonable op mit relevant evidence. data, views, and arguments, 01 exhibits and to examine witnesses Persons desiring · shall submit to the Board a written statement of intent paraphrase, summarize or read from a prepared state testimony together with the statement of intent The name and qualification of each technical witness; the name ofthe person proffering the witness; whether the person proffering the witness is a proponen I party;
1 describe ofthe nature. subject. and anticipated length o·

identify the specific aspects and proposed action along language proposal where appropriate; and list and description technical exhibits to'be offered in cor witness's testimony. Notices of intent with the written statements or writte

, ed into the public record must also be received in the : than 5:00 p.m. September 25,1992, and shall be entitl 1 record regarding proposed amendments to the Small E

SIP: October 9, 1992." 

### 1

Note: The Board may convene a meeting after the hearir 1 proposaL I ss/Roy S. Walker, Chairman 

### I Legal No 29933 published in the Farmington Da

Mexico on Friday, August 21, 1992.

## THE GALLUP INDEPENDENT 500 North 9th, P0 Box 1210

Gallup, New Mexico 87305

Phone (505) 863-6811



### LEGAL NUMoER 8537 

### LINES 8o**TI~ES** 

### 1 START DATE 8-24-92 

### PAY THIS 

### ==> $23

.. 22 

### CLASS LEG STATE 

### IMPLEMENTATION PLAN

KEEP THIS PORTION FOR YOUR RECORDS 1 RETURN POSTAGE GUARANTEED



## ss:n 3 

### STATE OF NEw MEXICO 1190 ST. FRANCIS DR SANTA FE NM 87503 

## AMOUNTENCLOSED

____ __ RETIJRN THISSTIJB WITH YOUR PAYMENT

# Affidavit of Publication
STATE OF NEW MEXICO

# )ss**COU~** ( OF McKINLEY


### v'ALZRIE De I.a 

### o being duly sworn upon Jath, deposes and says: As 

### lEGAL CLERK of The Independent, a newspaper published in and having a general circulation in McKinley County, New Mexico and in the City of Gallup, New Mexico and having a general circulation in Cibola County, New Mexico and in the City of Grants, New Mexico and having a general circulation in Apache County, Arizona and in the City of St. Johns and in the City of Window Rock, Arizona therein: that this affiant makes this affidavit based upon personal knowledge of the facts herein sworn to. Thatthe publication, acopy ofwhich is hereto attached was published in said newspaper during the period and time of publication and said notice was published in the newspaper proper, and not in a supplement thereof, for 

### ONE TIME , the first publication being on the 

### 24TH day of AUGUST , 19 92 the second publication being on the day of

___, 19 _the third publication on the

____ day of , 19

__ _

and the last publication being on the day of

-------------------· 19

____ _ That such newspaper, in which such notice or advertisement was published, is now and has been at all times material hereto, duly qualified for such purpose, and to publish legal notices and advertisementswithin the meaning ofChapter 12, of the statutes of the State of New Mexico, 41 compilation. 

# Ct

# c~, 

# h.

# /Ml{

Affiant. Sworn and subscribed to before me this 

### 29TH day of AUGUST , A.D., 199::..=:2:..---_
Notary Publi My commission expires



### JUNE 22, 1993

2735 2M BUTLER'S Gallup . 'L E G A i. N0 Ti C E SANTA FE. SANTA COUNTY NEW MEXICO NEW MEXICO ENVIRONMENTAL IM· PROVEMENT BOARD NOTICE OF PUBUC HEARING TO CONSIDER PROPOSED AMENDMENTS TO AIR QUALITY BUREAU'S

STATE IMPLEMENTATION PLAN The New Meltico Environmental lm· provemeot Boardwill hold apublic hearIng011 Octobert. 1992, beginning at 11:OOf a.m., in the Auditorium of tbe Harold RunnelsBuilding, 1190St. FrancisDrive, Santa Fe, New Meltico, to consider proposed revilliooa to New Mexico's Air Quality Bureauis State Implementation Plan. Theprupooeotofthe plan Ia theEnviron· ment Department. The proposed noore- gulatoryStateImplemenlationPlanrevisions are to meet tbe Small Business A.uiitaiJce' PnJgram <SBAP> requirementa of the 19110Fe6eral Clean Air Act AmendQlenta, SectiGnsm. The propoaed plan niil.y be reviewed during regular bu.sineaii' hours at the offll:e of the EnvironmmitalL111provemeDtBoard, Harold RUllllel!! Buildlq,UliO St. Ji'raru::ia Drive, Room S>11319, santa Fe, N1ll and copies maybeobtailledb)'**~Bill**Blank· enship. Health Program 111anager. Air QualityBureau,P.O. Boxll811ll,santaFe, Nlll. teiepllooe lllllllber827-00'111. Tbe bearing will be beld Ill.aeconlallr:ll with theA.it Quality**~~** !lectlmrc 74-2-f NMSA IJ'JI

..... Board's Guidellnes**~.........** ' All illtereil;lld persons will be given a reumabte.GII!Ortunity at the bearingto submit relev.llll evidence, date, views, 8lld II'&I!IMIIII, orally or lnwrltlng, to latroduce ·exblblta llld to eum1ne wit-

.-.Personsdellriogto**pre~e~~t**tecbn14llltestimoay**aballllbd~**80irda lfr!tteo.,!tatemlllt olintentlll'do so. Ally**~wbowillJ:!~~or** read frOia.,a · nwst submit tile wrUtep t.elt,lmoey toeber

### ~~-;=~TbewUCe~ name and quallflcatloll of eachteclmical witoea;

. tiiiJ**~** • the person proffering the 

# :J::thepenonprofferingthewitoesai Ia a 1J1'011011!!111. oppooeot, or interestedi paltJ;**~** ' delcrlbe ·U., nature, subject a.nd

.... cipated lqtbofthetestimony; ·**-~** ;: 1 ldeotifytheapeelftcaspecta**and~**

### aedla'~~~e

# ;J·**~** dela1betecbnlcalRhlbJtl**affered.lo.~** wO',tfle

..**~:** 

## •. : Notices ol inteot wla:fiie written state- meuta, or written lllliilltmeot to be illcorJIQfiiiO ••**~** record must be n!CIInrlofn tbt

### oee ol the Board DOt lltrl! l!u**-p-~lleptember** 25, 1!192 .andllbaB

## w•w. "!l&atemeat l'8r !lie pralll.lereeOCII

.........**proposed-~**

....... 1e tile 8IIMI BaaiDesa

# As**~** SIPtGadlert, 1112.**~~**

### brd11U1Jconvene**a~** afterthe bearingteCl!IJBideractiononthe propoeal. ' s&Roy s.Wilker, Cbldrlllan Legal 1953'7 Publlabed lo Tbe lDdepeo. den! Alll!ust 24. 1992.

# OO.F OF PUBLICATION STATE OF NEWMEXICO } 

## ss COUNTY OF CIBOLA Ken Wingate, beingduly sworn deposes and says thatheis the publisherof 

## TH.E CIDOLACOUNTYBEACON, a newspaperpublishedinGrants, Cibola County, New Mexico, thatthe notice of

a copy

# ofwwchishereto attachedwas first publishedin saidnewspaperinitsissue dated 

## 2rd5, 

# * andwaspublishedin anissue ofsaidnewspaper, once eachweek, and notin any supplement, thereafterfor thefull period of I 

## consecutive 

# LL weeks, thelastpublicationthereofbeinganissue dat¥

My CommissionExpires

Publisher's Fees 

## $

# _4;;I...;:3"'"·..::::'5!W8"----------- 

# RECEIVED SEP

# o 8 

# !92 GROUNDWATERBURfAUNotices o{. intent witla tlw writtee staielaeBta, or \9'l'iU.Go ._meatto be incorporated into the public 'I"'IIClllN must be received in the Office of the Board not later than 5:00 p.m. September 25, 1992 and shall be entitled: "Statement for the pubU.e r-.d**reprdin~r** ·propose.t a--.dmenta io ihe Small BlUiiaees Assistance Prowram SIP Odober9, 1992."

Note: The Board may convene a meeting after the hearing to consider I**~~~a:t~r.** :v--**t•·•·~:~..,v·J** 1 sa/Roy S. Walker, Chairman \ H,, hlrlished in the Ciflola r 

### Co'uhey.!Ol 

## .e.... AuljUIIt 211, lin. IDvoiee !141M,

# 11875
BOX 860 OATES PUBLISHED LINES 

### August 24, 

### 1992 120

NAME: LEGAL PUBLICATION INVOICE HOBBS DAILY NEWS-SUN HOBBS, NEW MEXICO 88241-0860 505-393-2123

TIMES AMOUNT TAX TOTAL
l 

### 32.40 1.

### 86 34.26



### State of 

### New Mexico Env. Impro,rement Board ACCOUNT N0479553 ADDRESS:



### 1190 

## st. Frgncis Dr

.. 

## Rm· 

## sCITY: STATE: ZIP:



### (SBAP) SIP Hearings

# ~'"".................................,

# ........, 

# .... '""

# '""""

# ............\FfllMVIT i)f ?LBLlC\TION St;He <>f -"lew .\1e:Gco. Cllunty of Lea.



### r. Kathi Bearden.

of the Hobbs Dally**'lews~un.** a dally newspaper published at Hobbs. \lew :.1ex1co. do solemnly**swe:~r** that the clippmg att.'lched hereto was published once a week 1n the regular and**·~ntlre** issue of sa1d paper. and not a supplement ther<:oi :or ::1 penod 

## or_______________________

_____ _....:o;:..n:.:..::e"-----weeks.**Be~mmn~** with the 1ssue dated August 24 '19.....2.2 and**"ndin~** wtth he 1ssue dated

Sworn and subscribed to before -(,/) me this 

# c:;({?'.- day of _/!l...../....l&!f/t'-"i:?"-;...x.tl:.....!:'5:!..t."}

__.

# ~~

# '~/,d/tu:d :Y1:; c:munisslOn expires

____ _ Februcg:y 14

. 19__25

, ... .,.., '...Jt;w1• This '1e•.v0p;:tpo::- 1:> Julv qualifiedto pubii.sn le!..!Ji**r!O[H:~!:l** '1r**at.iver~** tlsement.:: wtthm the meamnf5 oi Section 3. Chapter 167, Laws llf 1937. and payment of :eesfor said publication has been made. LEGALNOTICE August24, 1992 NEWMEXICO ENVIRONMENTAL

IMPROVEMENT BOARD NOTICEOF PUBLIC HEARINGTO CONSIDER PROPOSED

AMENDMENTSTO

AIRQUALITY BUREAU'SSTATE IMPLEMENTATION PLAN The New MeXICO Environmental Improve· men! Board will hold a public hearing on October 9, 1992, beginning at 11:00 a.m.• In the Auditorium of the Harold Runnels Build· lng, 1190 st. Francis Drive, santa Fe, New Mexico. to consider proposed re· visions to New Mexico's Air Quality Bureau's State Implementation Plan.

The proponentoftheplan Is the Environment De· partment. The proposed nonregulatory State Im· plementatlon Plan re· visions are to meet the Small Business Assistance program (SBAPl re· qulrements of the 1990 Federal Clean Air Act Amendments Section 507. The proposed plan may be reviewed during regular business hoursattheoffice of the Environmental lm· provement Board, Harold Runnels BulldlllQ, 1190 St. Francis Drive. Room S· 4310, santa Fe, NM and copies may be obtained by contacting Bill BlankenShip, Health Program Manager. Air Quail· ty Bureau, P.O. Box 26110. Santa Fe, NM, telephOne number82HI07S.

The hearingwtll be held In accordance with the Hazardous waste Act, Section 74-2-6 NMSA 1m and 1t1e Board'SGuidelines Governingllearlnfll.

All Interested persons will be given a reesonabte oppor1UnttY

...the hearii'IIJ" to wbmlt relevant 

### m- !M!Me, ata, vie-. and argulftflftftr·orally or In wrtttnt.to IntroduceexfllltIIS anlf to examine wit·

,......Persons dellrlnato

.......... tecllfllcal testtmony**st~ell** submit to U1e a.rct a written**state~** of Intent to do so. llllrf

,..._. who will par• •-·summarizeor 1"N1t frOm a preparedstatsnMIIt

.., 111bmlf the wrlttlft tntlmony together will tM 1tatement of 1m.t. 

### nw .nee of Intent sMII tnctudl:

neme and quallffcattea oteedltacllnle81Witnalf

flle name of tM**~** profferingthewltnllll;

.

wllether the penon
..... ffwlna the wltneu•·ll a**prop~nC~nt.** opponent or Jno terestedpartY;

describe the nature, subltCt and anttclp..._, tenolhotttwtatlmenv;

IdentifY the specifiC



# ......**-~­** tton alanl wttt1 altertMittW lantU... priiiiONd wMnl appropriate; llat encl tleacrlll••**~**

# ............

....... c:o.acttan

... lltWIIMII'tfttlmony •

......ofIntentwilt 1M written statementa, .,. wrnten statement to be Incorporated Into tht puOIIc record mustbe recefv.ct tn 

### m.Offtc:a ofthe Board 11111t IMir tMn 5:00 p.m. 

## s.-

......,.25, 1992andllletllle tfttttMir. "Statemttlt ,.,.

.. llll(llc

# record.....,.

... .,.....amtncl.,..... te ,.. Small ausl

.... •r I IT cot Program liP: OcleiiMrf,ltn.''**l'Mau.ntmay~** a.........,.,....IIMrlnt II**~** action on 

### n.



# .............

-- S.Walttar, Cllalnnan

# J1: 

# LasCrucesiTlnSun-News

ACCT. NO. 256 WEST LAS**CR~CES** AVE. P.O. DRAWER 1749 LAS CRUCES;N.M. 88004-1749 (505) 523-4581 

### 92-1348 DATE**Au~ust** 

### 26, 1992 

## I Nt-1 Environmental ImProvement Board 

## I H. Runnels**Bid~.,** 

### Room S-4100 1190 SL Francis Dr. Santa Fe, NM 87503 ATTEN: Barbara Rivera _j

# ~u~u~M~[Mu DUEAND PAYABLE UPON RECEIPT TERMS: All charges due and payable in full by 10th of month. A LATE CHARGE at the rate of 11h% per month (Annual Percentage Rate of 18%) on the unpaid balance will be added for any subsequent billings.

1. Legal Advertising 2D Classified Display 2R. Classified Reader 2M. Classified Charge 3. Retail Display 3M. Retail Charge 5. Que Pasa TV Log 6. Preprinted Inserts 7. Color Charge 8. Art & Prod. Charges 9. Political
Month of**Au~ust** for Display Advertising and other charges 4. National 10. Sunday Comics 11 Late Charge



### Air QualitY Bureau Plan Published**Au~ust** 

### 26, 1992
112 lines@ .27 1 extra Proof

tax 30.24 1.00 31.24

1.96 33.20

## PROOF OF PUBLICATION

Jim Wall beinli! dulY s.worn, dePos.es. and s.aY& that he is. the Pub I 

### is.her



# --------------------- of the Las. Cruces. Sun-News,, a news.PaPer Publis.hed dailY in the CountY of Dona Ana, State of New Mexico; that the notice Air**Q~alitY** 

### Bureau Plan

as. Per cliPPinli! attached, was. Publis.hed once a**w~ek/daY** 

### in the re!i!ular and entire is.s.ue of &aid newsPaPer and not in anY suPPlement thereof, for one consecutive weeks/daYs: that the first PUblication was in the issue dated Au.!!ust 26, 19 92


# --- and the last Publication was in the issue dated Auli!ust 26, 19 92

DePonent further states that is dulY qualified to Publish this newsPaPer le!i!al notices or advertisements within the meaninli! of Sec. 3, 

### ChaPter 167, Laws of 1937. PaYment of fees has been made.

STATE OF NEW MEXICO COUNTY OF DONA ANA ss.

Subscribed and sworn to before me this 26th daY of Auli!ust 19 

## 92

in and for

,:-:c: :, (**~:Jat.;c** .._ t.E'rll**~mea** ii\Jr),..'tY uvN!.l fll.ED Wi!H S£CR£TARY OF STATE
MY C01M<.ISSION EXPIRES 

## ;rJ/;Ljqt( r, 

### NM NEW MEXICO ENVIRONMENTAL**IMPRO~ENT** BOARD ' NOTICGOF PUBLIC HEARING TO CONSIDER**PROPOSE~** AMENDMENTS TO AIR**Q~UTY** BUREAU'S STATE tjpLEMENTATION 'L'J'LAN The New Mexico EnvironmentallmproV9!TlelltBoardwill hold a public hearing on October 9, 1992, beginning at 11 :00 a.m., in the Auditorium of the Harold Runnels Building, 1190 St. Francia Drive, Santa Fe,**~w** Mexico, to consider Pfoposed revisions to New Mexico's Air Quality Bureau's State Implementation Plan. The PfOponent of the plan is the Environment Department The propoted nonregulatory Stata Implementation Plan revislons are to meet the Small Buain&U Assistance Program (SBAP) requiremenlll of ·the 1990 Fecleral CIM11 Air Act Amandmenta. Section 507. The propoeed plan may be reviewed duringregular bulineas hOUII atltleoffica ofthe Envir· Ol"'1''lllrrW lmproven1ent Board, HnlcfAunnela Building, 1190 St. Francis Drld'; Aoom S-4310, Santa Fa, NMandco- pin may be obtained by c:on- taeling Bill Bllnkenship, Heahh Program Matllger. Air Quality Bureau, P.O. Box 2&110, Santa Fe, NM, telephone number827-0075. The"-ingwill tieheiG in BC· cordance with· the Air QUillty Control Act, Secliln '74-2-6 NMSA 1978 and the Board's GuidaUnes Governing hear· ings. All interesti!G persons will be given a reasonable opportunity at the hearing Jl>-. suba'lit nilevant evidehce. data,views. and argumentS;l'Orally or in writing, to introduce exhibits and to examine witnesses. Persons desiring to present technical testimony shall submit to the Board awritten statementof in· tent to do so. Any person who will paraphrase, summarize or read from a prepared statement must submit the written testimony toge!tler with the statement of intent. The notice ofintentshall include:
name and qualification of each technicalwitness; !he name ofthe person pl'Oifering the witness; whe!tler the person proffering the witness is a proponent, opponent,or interested party; describe the nature, subject and anticipated leng!tl of !he testimony; identify !he specific aspects and proposed action alongwith alternative language proposal whereappropruue; list and describe technical exhibits to be offered in connection with the witness' testimony. Notices of intent with !he writ· ten statements, or written statement to be incorporated into the public record must be received in the Office of !he Board.not later than 5:00 p.m. Seplllmber 25, 1992 and shall be endded; "Statement lor the public record ragardlng propoeed amendments to the Small Busln... Assistance Program SIP: October 9,1992." Note: The Boardmay convene a meeting after !he hearing to consider aelion on the proposal. sstRoy S. Walker,Chairman Pub. No.: 92·1348 Publish: August26, 1992a: 0 l) ...J LAS VEGAS DAILY UPTlC f-'.0. BOX 260/ 

# r-- INVOICE(llJ#ss-o2ll6bLbl4 LlNCULN AVE. LAS VEGAS, NM 87!01

Environmental Improvement Board 1190 St.**~rancis** Ur. Santa Fe, NM 8/503

0 A fE 08/20/92 08/20/92 DESCRIPTION legal/1 insertion Bureau State Implementation legal/1 insertion Waste Management Regulations Sales Tax UN ITS 115.000 line Plan 124.000 line NM 

### !:,

. o::r: ,,,,

BALANCE OUE CHARGES CREDITS 31.05 33.48

4.08

68.61NEW MEXICO EMVJR. ONMENTAL IMPROVEMENT BOARD NOTICE OF PUB1..IC HEARING TO CONSII)

.. ER PROPOSED AMENDMENTS TO AIR QUALITY BUREAU'tl STATE IMPLEMENTA· TION PLAN Tbe New Mexico- EnvironmentalImprovementBoani willholdapublichearin;. October 9, 1992,**begi~** at 11 :00 a.m., in the Au · torium of the Harold Runnels Building, 1190St. Francis Drive, San.ta Fe, New Mexico, to colll!idclr proposed revisions to New Mexico's Air Quality Burcnu's State Implemen**t.a~Uon** Plan. Theproponentonhe plaa II the Environment**Dep~­** mont. The<prilposod nonroaulatory State ImplementationPlan revisions are141 moot the Small Businae lusiatance p·rograllll (SBAP) requirementsoft'llit 1990 FederalClear Air Act**Amen~** Scctifll 507. The proJIItllllld rcgdiations may be reviewed during regular business hours at the office of the Environmental Improvement Board, Harold Runnels Building, 1190 St. Francis Drive, Room S-4310, Santa Fe, NM and copies. may be obtained

## ny contacting :Qill Blankunship, Health PJ.og. ram Managor, Air Qualily Bureau, P.O. Box 26110, Santa Fe, NM, telephone. number 827·0075. Tho hearing will be hcldin accordance with the Air Quality Control Act, Soetion 74-2-6 NMSA 1978 and the Board's Guidelines Governing hearings. All interested persons will be given a reascuua:hkt apportunity_at the heariJif to avbmit relevant evidence, data,.;viewa.,_lllllli aPfii!Mntll, oftlly 01' in writing, to introduce exhi· bits aiicHo oxt.mine witnesses. Persons desiring w prea.cntt.ochnicaltesti!Mfty shalliUbmittothe Board a written statementofintent to do so. Any person who will paraphrase, summer· iaeorJeAcl**Hom'a.pre~ ~Clnt** **mUllt~tin~ ~** 

# ---~~ with the**state~ent** ol lnt.ei&i. The noticeofillUiaf: shall include: name andqualifir}(;ation of each technical witness; thenameoftheperson proffering the witness: wbotherthepcraon proll'ering lhe witness is a propo. nont, opponent, or inter-

--**JIIU'~;** caoenbcHhenature;--

....**~ticipjlted** 

### lenads iii the testimony; idaut.ifythe specificaspeet.a 

## ane**pn~posed** action 

### akmtr wil.Ja**altcrna~ive** lanpage preposal w.Jioro aJIIII"'priate; lilt IUld describe technical oxJArts to be 0rrcrcd 

## in connection wilh tile witnoss' testimony. Notipe of intent with the**~ata~nts, 01'~**  tm ltlitemonA,·t9**bel~** 

### .-.ecct lato Uie:**~ ~must**  be**I'IICil~q~** u.om.:.t.ofJkuuii'llG& ·· · thu 5:00 p.m. September 25, 1992 and shall be entitled:"Statementfortho**~lie** record reJDrGinr proposed amcndmcnt.l te Small Businesa Procram

# fl?;o:~--~~**~--~~~** heannr to consider action on \M ptbpellll. u/Roy S. Walla:or Chairman ' Pub. Aug. 20, 1992Display Class. 1 2 3 4 5 6 7 8 9



# -- 10 11 12 13 14 15 16 17 18 1S 2C 21 122 23 24 25 26**~7** 28 29 )0 31 

# LEADER

DRAWER 1717 LOVINGTON, NM 88260



# ..



# ..

.. Statement ofAccount For 

### State Of New Mexico Environmental Improvement Board Harold Runnels Building, Room S-4100 1190 St. Francis Drive Santa Fe, NM 87503

DISPLAY ADVERTISING: inches @

___ _
CLASSIFIED ADVERTISING:

------- words @

___ _ inches @

____ _ OTHER CHARGES: 

### Legal Notice (SBAP) SIP Hearings

Total. .•...••. , ••••••••••• , •••••• , •••••• Tax. ..........**~** ....• , .• , , .......... , ........... Total this month•••.••••••••••••••••••••, , Previous Balance•••••••••••••••••••••••• PLEASE PAY THIS AMOUNT••••••••••••••••••••••••••• 

# ---

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# ---

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# .

## Affidavi~ 

# of Publication

STATE OF NEW MEXICO ) ss. COUNTY OF LEA

Joyce C 1 emens being first duly sworn on oath deposes and says that he is Adv. Director of THE LOVINGTON DAILY LEADER, a daily newspaper of general. paid circulation published in the English language at Lovington, Lea County, New Mexico; that said newspaper has been so published in such county continuously and uninterruptedly for a period in excess of Twenty-six (26) consecutive weeks next prior to the first publication of the notice hereto attached as hereinafter shown; and that said newspaper is in all things duly qualified to publish legal notices within the meaning of Chapter 167 of the 1937 Session Laws of the State of New Mexico.
That the notice which is hereto attached, entitled



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.....9.!!!L.lJ.2..Q.\U'

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..... And that the cost of publishing said notice is the

sum of $

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..... LEGAL NOTICE NEW MEXICO ENVIRONMENTAL IMPROVEMENT iCARD

NOTICE OF PUBUC HEARING TO CONSIDER PROPOSED

AMENDMENTS TO AIR QUALITY BUREAU'S STATE IMPLEMENTATION PLAN The NewMexico EnvironmenialImprovementBairdwill holdapubichllmgonO:acbar 9, 1Ge2, beginning at 11:00 a.m., inthe Auditoriumofthe HaroldRunnell Building, 1190 St. Francia Drive, Santa Fe, New Mexico, 10 conaidef**~** I'IYiliona 10 New Mexico'aA'lQuality Bureau'• Statelmpl4tmantatlon Plan. Theproponentoftheplan illlhe**~Diparmlnt.** The proJIOied non"""latoty State Implementation Plan reYiaiona

..to !Met1heSmall BuainMaAulatance**~** (SBAP) requirements olthe 1 9eO Federal Clean Air Ai::t Amelldli.,

..Sadlon9J7.lhe prqxll8d.,INrlbenMiwed ck.wing**~ullr**buaineahouri attheollcitof

..ErwiaYnln-**tllllm~ltBoald.**Harold Runnela Building, 1180 St. Francia Drive,Rooms-.4310, SantaFe, NMa'ldoopiHmay beobtainedbycontactingBill Blankenlhlp,HHhhProgram M&Mger,Alr**Qual~**lureau. P.O. Box26110,S..Fe,

### NM. talephonenumbef'827-007S. The hearingwillbeheldIn accorc:l-.101twitt!he

### NICMililt Contraf N:t, Section 

### 7.e-z-e NMSA 1871and 1he Board'l**~**Gc:Mn*lgt..inga. AlllntiNStldperaontwilt begiYina!WIIONII*opporlto nity atthe hHringeo aubmlt relevantevidli'ICII,dlta.views, and .;umenta, orally or in writing, to intn:lduoe exhibit& and 10 examine wilnaiHa. Peraona deairing 10 Pf"anl tld1nlc:lttlllina1yiNIMmit toileBolrdallllllln.......,. ofintentiOdoiO.**~** whowiPII

.....UMIIIfa or read fralt a prepaniCf atatamant 

### !!!I! aubmlt the writlllnlldliiiiytogelherwfth the ,...,_,.of lntlnt TWt notice ofIntentehlllinclude: nameandquallflcaManof4IICh technicalwitnela; the N11M of··th!l; l\llfiOft 

# pro::!"L Nwl&nal; whettler**PMGft~ the~-·~**  opponent,01'inllrei.Oparty: 

# ................ anticlpeted ....._ of .,. 

### liletlmonJ• ,. 

### lcilnlltt

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### ·.p..ll[lldln proplled acdQn lll:lng with**~llngulgtpnlpOIII** 

### where..,....: lilt and dllcribl IICMicll extliblla to be offeNd ifl OOiilll.,.on with 1M

# wl'*•' tHtlmony.**Notice~** of inllntwith the wriUIInatatemtnia,orwritten &Wimanttobeincorpol'ated intolhepuOiicrecordmuatbe reoelvectin the Oflice of ht Boardnotlaterthan5:00p.m. SepllmberZS, 1118tandahal: beanitlld:"SSIddltmentfotht public record rega=' PIQPCIId

....

## an.a to BuainluAuiltanceProgram SIP:Ootobert, 1M2.• Note: The Board may convene a

### IMifln9 after 1he hNringtoconaidltactionon the

### PftiPOUI

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## a.

# w..._, Chalnnan**~In**..l..ovlngtan Daly LHdlrAuguat 21, 1892.

### NEW MEXICO INFORMATION SYSTEM, INC. P. 0. 

### BOX 6703 SANTA FE, 

### NM 87502-6703 505-988-8010 INVOICE

- 

### New Hexico

# Regi~tel] DATE: 08/31/92 ACCT: ENV025 INV. #1918 Environmental Improvement Board Ms. Barbara Rivera 1190 St. Francis Drive Santa Fe, NM 

### 87503 For your publication in 

### New Mexico Register Vol. III:16, dated 08/31/92: DESCRIPTION: Notice of Public Hearing 10/09/92 at 11:00 am; 

### Re: Proposed revisions to 

### NM Air Quality Bureau's State Implementation Plan

Column inches of text: Hardcopy pages: 11.5 @ 

### $1.70 1 @

### $2.50 SUBTOTAL: 

### NM Gross Receipts Tax 

### (NM Tax 

## &Revenue Dept. ruling) 

## TOTAL DUE: 

### Full payment is due upon receipt of invoice. THANK 

### YOU!

Claire Gu New Mexico Information System, Inc. Fed. I.D. #85-0378911 

### NM State Contract Order #78-04 (Exp. Date 12/31/93)

.. ,, l '','**·~~~** r •


# . .. ' 

### 19.55 2.50 

### 22.05

1.35 $23.40

# -

NEWMEXICO INFORMATION SYSTEM, INC. P. 0. Box 6703 Santa Fe, NM 87502-6703 (505) 988-8010 AFFIDAVIT OFPUBLICATION IN THENEWMEXICOREGISTER Icertify thatthe attached is atrue andcorrectcopy oflegal Notice orRulepublishedin the

### NewMexicoRegister, and thatpaymentthereforehasbeenassessedbyinvoiceforsaidlegalnoticeorpublication,which appearedonthedateand in volume and issue numbernotedbelow. Date ofPublication: August31, 1992 Vol. III No. 16,

### NewMexico Register

ATTEST:

# c~~ NewMexico egtster New Mexico Information System, Inc., Publisher AMOUNT: 

## /;23.

## 1./0 ACCT. NO.: 

# 'if;_**~2** 

# C INVOICE# ENCLOSED

DATE: August31, 1992

NOTICETOPUBLISIUNG AGENCY Attachedisyouragency'sConfirmationCopyofmaterialpublishedintheNewMexicoRegister. Thisisalegal copy thatdocuments thefact thatyourNoticeofRuleMaking and/oryourProposedRule and/oryourAdopted Rule hasbeen published as required by law in the New Mexico Register. It is extremely importantthatthis ConfirmationCopybe placedinyour permanentadministrative JilesalongwithyourMinutesofMeetings. This Confirmation Copy willbe inspectedby the State Auditoratthe time yournextannual auditis conducted(SA Rule 91-1). Failure to complywith this requirement willimpactyouragency'sAuditReport.

# NOTICES

NEW MEXICO STATE CORPORATION COMMISSION

TRANSPORTATION DEPARTMENT
BEFORE THE NEW MEXICO STATE

CORPORATION COMMISSION IN THE MATIEROF THE ADOPTION OF NEW MOTOR TRANSPORTATION RULES GOVERNING INTRASTATE MOTOR CARRIERS OF PERSONS AND PROPERTY

Docket No. 92·201-TR·M NOTICE OF RULE MAKING UnderauthoritygrantedunderArticle XI, Section7ofthe NewMexicoConstitutionand the MotorCarrierAct,§§65·2·80through 65- 2·127 NMSA 1978, the New Mexico State CorporationCommission herebygivesnotice that it intends to adopt new rules (Proposed Rules) governing intrastate motorcarriers of persons and property. This rule making is intendedasacomprehensive rewrite ofexisting rules and general orders governing intrastate motorcarriersofpersonsand property. Copies of the Proposed Rules may be obtained by writing to: New Mexico State Corporation Commission, Transportation Department. P. 0. Drawer 1269, Santa Fe, N.M. 87504-1269 andenclosinga$11 check to cover the cost of printing and mailing. Public hearings on the Proposed Rules will be held as listed below: September25, 1992; 9:00am. Eastern New Mexico University Campus Union Building, Multi-purpose Room 110 58 University Blvd. Roswell, NM 88201 

## New Mexico Register Volumeill Number 16 August 31, 1992

September28, 1992; 9:30a.m. 2nd Judicial District Courthouse, Room 140 415 njeras, N.W. Albuquerque, NM 87102 September30, 1992; 9:30a.m. Farmington Civic Center (Room to be announced on dayof hearing at main entrance) 200 W. Arrington Farmington, NM 87041 October2, 1992; 9:00a.m. P.E.R.A. Builcing, Apodaca Hall ComerofOld Santa Fe Trail and Paseo de Peralta Santa Fe, NM 87504 October 14, 1992; 9:30a.m. Coronado Hall, El Taoseno Room 120 Civic Plaza Drive Taos, NM 87571 October 16, 1992;9:30a.m. Dona Ana County Commission Chambers (2nd floor) 251 W. Amador lasCruces, NM 88005 Written comments on the Proposed Rulesarewelcomedand may include, butare not limited to, data, views, or arguments in support of, or in opposition to the Proposed Rules. Writtencomments mustbe submitted on orbefore October2, 1992 andaddressed as follows: Proposed Rules/Docket No. 92-201-TR-M Office ofthe Chief Clerk New Mexico State Corporation Commission P. 0. Drawer 1269 Santa Fe, NM 87504-1269 DONE, this 10th day ofAugust, 1992.

lsiERIC P. SERNA, Chairman lsiJEROME D. BLOCK, Commissioner LOUIS E. GAUEGOS, Commissioner ATIEST: lsiRICHARD I. HARRIS, Chief Clerk

Page 1 

### NEW MEXICO STATE ENGINEER OFFICE

LEGAL NOTICE STATE ENGINEER PROPOSED ORDER NO. 143 AND NOTICE OF PUBLIC HEARING Eluid L Martinez, State Engineer of New Mexico, on August 14, 1992, issued Proposed Order No. 143 as follows: STATE ENGINEER OFFICE STATE OF NEW MEXICO Bataan Memorial Building P. 0. Box 25102 Santa Fe, New Mexico 87504-5102\ Proposed Order No. 143 August 14, 1992 IN THE MATIEROF THE PROMULGATION OF ARTICLE 1·18 OF THE RULES AND REGULATIONS GOVERNING DRILLING OF WELLS AND APPROPRIATION AND USE OF GROUND WATER IN NEW MEXICO. [Ecitor'sNote: ThefulltextofPropos6dOrder No. 143, filedwith the State Records Center onAugust 14, 1992, app6arsonpage9ofthis issue ofthe NewMexico Register, Vol. IllNo. 16.} Pursuant to Section 72·2-8, N.M. Statutes Annotated, 1978Compilation (lawsof 1967, Chapter 246, Section 1 ), notice is hereby giventhata public hearingwill be heldon the above described State Engineer Proposed OrderNo. 143in Mabry Hall, State Education Building,StateCapitol,SantaFe, NewMexico on October 16, 1992, beginning at 9:30a.m. Any person who is or may be affec1edbythe Proposed Order may appearand testify.lng proposed amendmentlll to the Small BusinessA.llsistance Program SIP: October 9, 1992." Note: The Board may convene a meeting after the hearing to consider action on the proposal. ss/Roy S. Walker, Chairman



### NEW MEXICO DEPARTMENT OF GAME AND FISH STATE GAME COMMISSION
MEETING NOTICE: The State Game Commission will meet Sept. 8, 1992, at 10 a m. atthe State Capitol Building, room 324, in Santa Fe. The agenda will include roll call, intro· duction of guests, fiscal year 82 budget presented by Chairman Jamie Koch, any other business, and discussion from the public.



### NEW MEXICO HUMAN**SER~CESDEPARTMENT** INCOME SUPPORT DIVISION
PUBLIC NOTIQE The New Mexico Human Services Depart· men! was notified less than 60 days priorto implementation of the annual October food stamp adjustmentsbythe Foodand Nutrition Serviceofthe U.S. DepartmentofAgriculture. The delay wasthe result oflast-minute Congressional legislation affecting the October foodstampchanges. Thislegislationensures that there will be no adverse effects on food stamp participation for the period October 1992through September 1993. 

## New Mexico Register Volume ill Number 16 August 31, 1992

Therefore, inorderto avoidfederal sanctions foruntimely implementation, the Department will implement on an interim basis the fader· ally mandated adjustments to the maximum food stamp allotments; the gross and net income eligibility limits; the standard deduc· !ion; the maximum shelterdeduction limit for**non~derty/disabled** households; the shelter deductionstandardforhomelesshouseholds; and the standard utility allowance. These adjustments will become effective 20 daysfrom thedateofthisnoticeto ensurethat the changes are applied to all October food stamp eligibility determinations and benefits.



### NEW MEXICO REGULATION AND LICENSING DEPARTMENT ACUPUNCTURE BOARD

Notice is hereby given that the New Mexico Acupuncture BoardwillconveneaRule Hearing to consideramendments to the following rules:

Rule 91·1 Rule 91·2 Rule 91·3 Rule 91-4 Rule 91-6 Rule 91·7**R~le** 91-8 Aule91-11 Rule 91-13 Rule 91-15 Authority and Purpose Definitions Administrative Require·

ments Fees Licensure by Examination Licensure Without

Examination Licensing Scope of Practice Board Duties PertainingtoOpenMeetings,

Public Records and Confidentiality Hearing will be on October7, 1992 at 10:00 a.m. Notice isfurthergiventhattheBoardwill convene a Regular meeting on October 7, 1992immediatelyfollowingthe Rule Hearing. Consideration of adoption of amendments will bean agenda item. Both the hearingand meetingwill be heldatthe NewMexicoRegu· lation and Licensing Departmenrslarge con· terence room at 725 Saint Michael's Drive,

Page3 Santa Fe, New Mexico. The Board may go intoclosed session duringthe Board Meeting to considerspecific licensinganddisciplinary cases. Personsdesiringto presenttheirviewson the proposed rules may appear in person at the said time and place or send their written comments to the Board Offtce, P. 0. Box 25101, Santa, New Mexico, 87504. Written commentsmustbe receivedbySept. 7, 1992.



### NEW MEXICO REGULATION AND LICENSING DEPARTMENT HEARING AID ADVISORY BOARD
The New Mexico HEARING AID ADVISORY BOARD will convene a Rule Hearing on October 2, 1992 at 1:00 p.m. at the Real Estate Commission Conference Room, 1650 University NE, Albuquerque, New Mexico. The purpose ofthe Rule Hearing is to adopt proposed amendments to the existing Board Rule on Fees. Persons desiring to present their views on the proposed amendments may write to request a draft copy from the BoardOfficeat725 StMichael's Drive, Santa Fe, New Mexico 87501, or call 505-827- 7160. All written comments must be in to the Board Office by September 15. 1m. A RegularBusiness MeetingwillfollowtheRule Hearing. During the meeting, the Board may enter into**Ex•e~·.ltive** Session to ciscuss licensing matt-.rs Persons requiring special accommodations atthe Rule Hearing, Board meeting orexamination are asked to call the Board Office immediately so that arrangements can be made.**LeG~l** 

### DEPARTMENT

## ~o~fucll**~niit4 ~ccoro**  P.O. BOX 1897

PHONE NUMBER ROSWELL,N.M. 88202-1897 622-7710**·.nr~F** RUN DATES**0:~;** I_:::·.:

PAY THIS AMOUNT 

### 34.93



## No. 

# 117971

(\T •t; PLEASE DETACH AND RETURN THIS STUB WITH PAYMENT

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### NM**S7~0J** 

# 1 No. 

# 117971

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rl/'77/9" u <- :J c_ 

### 1:::3 ]_j_nes**·~-·** 

### •27 32.94 

## 1.99 34.93 

## rcax Total

Affidavit will be sent upon receipt of payr:wnt. Th<lnk-you NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD .NOTICE.OF PUBLIC HEARiNG TO CONSIDER PROPOSED AMENDMENTS TO

·AIR QUALITY BUREAU'S STATE' IMPLEMENTATION PLAN New Mexico Environmental Improvement Board will hold a public

on October 9, 1992, beginning at 11:00 a.m., in the Auditorium Runnels Bldg.• 1190 St Francis Drive, Santa Fe, New consider proposed revisions to New Mexloo's Air Quality 

### .,...,m,• .,,.,, State Implementation Plan. proponent of the amendment is the Environment Depanment. The nonregulatory State Implementation Plan revisions are to Small BuSiness Asslstanoe Program (SBAP) requirements of Federal Clean Air Act Amendments, Sec1lon 507. The propplan mey be reviewed during regular business hours at the offiCe

Environmental Improvement Board, Harold Runnels Building, St. Francis Dnve, Room S-4310, Santa Fe, NM and copies mey by contacting Bill Blankenship, Health Program Manager, Bureau, P.O. Box 26110, Santa Fe, NM, telephone number

interested persons will be given a reasonable oppor1Unlty at the to submit relevant evidence, data, views, and arguments, orally to Introduce exhibits and to examine witnesses. Persons technical testimony shall submit to the Board a writof Intentto do so. Ar'(<f person who will paraphrase, sumorreadhor)'l a prepared statement MUST submit the written tesIDgether with the statement of Intent The notice of intent shall
and qualification of each technical witness; of the person proffering the witness;

person proffering the witness Ia a proposent, opponent, or illllOII9f'jlAL<Id party; lllldasc:rll:wKI the nature, subjec1 and**an~dpated** length of the**tes~mony:** aspects and proposed actlon along with alternative where appropriate; technical exhibits to be offered In connection with the testimony. Notlces of Intent with the written statements or written statement to be Incorporated Into the public reoord must be received in the Office of the Board not later than 5:00 p.m. September 25, 1992 and shall be**enti~ed;** •statement for the public record regarding proposed amend10 the Small Business Aaalatance Program SIP: October 9,
The Board mey oonvene a meeting after the hearing to consider on the proposal. S. Wallter, Chairman

# SilverCity Daily Press and Independent 300WestMarketStreet P.O. Box 740 SILVERCITY,NEWMEXICO 88062 Phone 388-1576 

### STATEMENT FOR PUBLICATION OF LEGAL NOTICE

Environmental Imp. Board Rm S-4100 1190 St. Francis Dr. Santa Fe, N.M. 87503

Date Description 8/22/92 Notice ofpublic hearing PO# letter Inches Lines Total 17.5 122.5 @.27 = $33.07 @.22= @.22= @.22= @.22= SUBTOTAL $33.07 TAX $2.04 GRANDTOTAL $35.12

### STATEOFNEW 'MEXICO

# J

ss County ofGrant

WilliamF. Archibald, beingfirstduly sworn, onhis oath says: Thathe is the manageroftheSilverCity DailyPress andIndependent, anewspaperprinted and publishedin the TownofSilver City, in theCounty ofGrantandthe StateofNewMexico, andthat saidnewspaperis now, andwas at all times herein mentioned, a newspaperofgeneralcirculation. Thatthe advertisement, acopyofwhich is heretoattached, was publishedin saidherinbefore mentionednewspaperonceeach andevery weekfor 1 consecutiveweek(s), the first publication thereofhavingbeen madeon 8/22/92 and the lastpublicationthereofhavingbeen madeon Thatsaidnewspaperwasregularlyprinted,publishedandissuedwith said notice therein upon the followingdates,to wit:

Subscribedand sworn to before methis 

# rile- day of**£~** 

### 19.9.2-

## ~~**#~~** NotaryPublic Mycommissionexpires

### ~ //

### 199~ 

## !/

-

# legal

NEWMEXICO ENVIRONMENTAL IMPROVEMENTBOARD

NOTICE OFPUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO AIR QUALITY BUREAU'S STATE IMPLEMENTATION PLAN The New Mexico Environmental Improvement Board will hold apublic hearing on October 9, 1992, beginning at 11:00 a.m., in the Auditorium ofthe Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, New Mexico, to considerproposed

### revisions to New Mexico's Air Quality Bureau's State ImplementationPlan. The proponent oftheplan is the Environment Depart· ment. The proposednonregulatory StateImplementation Plan revisions 

### are to meet the Small Business Assistance Program (SBAP) 

### requirements ofthe 

### 1990Federal Clean Air"

### ACt**Amend~** ments, Section 507. The proposed plan may be 

### reviewed during regularbusiness hours at the ofru:e

## of the Environmental Improvement Board, Harold Runnels Building, 1190 St. Francis Drive, Room S

### 4H9• .:.$JQta Fe, NM and copies may be obtained by contacting Bill Blankenship; Health Program 

## Maaaaor. Air Quality Bureau,**P-.0~** Box 26110, Santa- Fe, NM, telephone number827-0075. The hearing will be held in accordance with the Air Quality Control Act, Section 74-2-6 NMSA 1978 and the Board's Guidelines Govern· ing bearings. Allinterestedpersonswill be given 

### areasonable opportunity at the hearing to submit relevant evidence, data, views, and arguments, orally or in writing, to introduce exhibits and to examine witnesses. Persons desiring to present technical testimony shall submit to the Board 

### a written statementofintent to do so. Any person who 

### will paraphrase, summarize or read from a prepared statementl1llWsubmitthe written testimony tOgether with the statement ofintent. The notice tointentshallincfude: name and qualification of each technical Witness; the name oftheperson proffering the witness; whether the 

### person proffering the witness 

### is a propo

### nent, opponent, 

### orinterested party; describe the nature, subject and anticipated length ofthe testimony; identify the specific aspectsand proposed action along with alternative language proposalwhere appropriate; list and describe technical exhibitS to be 

### offered iJa connection with

## she witness' testimony. Notices of intent with the written

### statemerus.orwriUeD statement to be incorporated into the public record must be received in the Office of the Boardnotlaterthan 5!00 P:nl:**Semf11bsf,:t4.--l~** an([,

### U1lt

.**6C'-~e.a£IUU;';** 

### "Statement for tile pub

### lie recotd regardiDepropcrM!d 

### ameadmeats the Saaall Business Assistance Pro

### gram SIP! October 9, 1991." Note: The 

### Boaid may convene'

# ameeting 

### after the hearing to

### considerac:Qon

### on theproposal. (s)Roy S.Walker 

### Cbairman Ag22

### IN 'IHE 

### MATI'ER 

### of the 

### Proposed Corrmibnent to 

### Implement a Small Business 

### Assistance Program 

### (section 507 

### of the 1990 

### Clean Ail;' Act Amerdments) SI'ATE OF NEW MEXICO

NE.W MEXICO ENVIRONMENT DEPARIMENr'S NOITCE OF INrENl' 'ID_PRESENT T.EniNICAL 'I'ESTIIDNY 

### 'Ihe New Mexico Envirornnent Department 

### hereby 

### sul::mits 

### its notice of intent to 

### present technical testimony at the October 9, 1992 

### hearing. 1. 

### Name arrl 

### qualifications of each technical witness. Cecilia Williams. Ms. 

### Williams is the NMED Air Quality Bureau Chief. She has been 

### Bureau au.ef for three years. She has 

### held a number 

### of technical arrl 

### supervisory positions in the 

### Bureau since 1974. Ms. 

### Williams has 

### a Master 

### of Science Degree fran the University of**W~,** 

### Department of Civil Engineering, in air resources science arrl 

### engineering. 

### 2. Name of person witness represents. New Mexico Environment Department. 

### 3. Whether witness is proponent, .Q'Q!;Qnent, or interested 

### party. Proponent. 4. Brief statement of 

### subject matter areas of anticipated testimny. Ms. 

### Williams will describe the Department's cxmnitment to 

### implement a Small Business 

### Assistance Prcgram, as required by 

### section 507 

### of the 1990 

### Clean Air Act 

### Arnerrlments, by 

### deadlines specified in the Act. Ms. 

### Williams will provide her testimony verbally and 

### will have no prepared written testiJIDny. 5. Anticipated_lewth of testi.Jrony. Ms. 

### Williams' 

### direct testimny will take approximately 15-20 

### minutes.

### 6. Exhibits 

### to be 

### offered. 1. 

### A 

### copy of the NMED proposed 

### cam:nitment 

### state Implementation Plan (SIP) 

### to implement 

### a Small 

### Business 

### Assistance Program. 2. 

### A 

### copy of Section 507 

### of the 1990 

### Clean 

### Air Act 

### Amendments. 3. 

### A 

### copy of final 

### ccmnents from U.S.E.P.A. Region VI 

### regarding the 

### proposed committal SIP. 

### 7.**~** 

### alternative language. 

### None. Respectfully 

### sul::mitted'

# ~L.~ Felicia orth 

### Assistant General Counsel New 

### Mexico Envirornnent Department Office of 

### General Counsel Post Office Box 26110 1190 

### st. Francis Drive 

### Santa Fe, NM 87502-6110 (505) 827-0127

### SIGN-IN SHEET 

# S'

# GAP S'lP**Oct~~** 

# u{q2

Name and Date of Healing

Print Nue Signature Addre1111 Who do you Will you be Length Repreaent? testifying? Testim 

### ""**~**

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### 9;;!r7

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### F:v;_/.:.

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### II_

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### z 

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# 11'1 v

-

### October 9, 1992

Proposed 

### state Implementation Plan Revision for the
S:maJ1 Business 

### stationary Source 

### Technical and 

### Envirornnental Compliance Assistance Program 

### required by 

### Section 507 

### of the Clean 

### Air Act 

### A:mendments 

### of 1990

New 

### Mexico Envirornnent Deparbnent 

### Air 

### Quality Bureau


### before the Envirornnental Improvement Board



### Considered and 

### approved by 

### the Envirornnental Improvement Board 

### on 

### this th 

### day of october , 1992 •

Roy 

## s. Walker, EIB 

### C11air:man Date



### Exhibit

No. 1

### INTRODUCI'ION
Section 507 of the 1990 Clean Air Act 

### Amendments (90CMA) requires each state 

### to sul:mit a revision 

### to the federally-approved SIP (State Implementation Plan) by 

### November 15, 1992, to establish a small Business Stationary Source Technical and 

### Enviromnental Compliance Assistance Program (SBAP). small business eligibility for participation in the SBAP is defined in Section IV of this SIP. 'Ihis revision to the SIP is in the form of a narrative commitment for full .implementation of the SBAP by 

### a date which will coincide with the effective date of the State's operating permit program, rut no later than 

### November 15, 1994.

- 'Ihe schedule and 

### commitment contained in this SIP specifies how and 

### when each element will be placed into full operation by 

### the NMED. Statutory Authority 'Ihe Governor has 

### the authority to create panels and 

### detennine the appointment process. 'Ihe New Mexico Air 

### Quality control Act 

### provides specific state authority in Section 74-2-5.1., "Duties and 

### Powers of the Department and 

### the local Agency", which states, 'Ihe Department and 

### the local agency for their respective jurisdictions shall:

... E. establish a small business stationary source technical and 

### enviromnental compliance assistance program, consistent with the provisions of Section 507 of the federal act;
... In 

### general, the SBAP includes three key components, which are briefly described below, followed by 

### a more detailed description for each component. SUmmary 

### of the small Business Assistance Program 1. 

### Designation of 

### a 

### state office to 

### serve as ombndsman far small 

### blsinesses 

### in camection with the 

### .inplementati.an of 

### the 

### 90CMA; 'Ihe sman Business Orn1::uisrnan 

### will :be 

### attached 

### to the Office of the NMED Secretary. Coordination between the ombudsman and 

### technical staff will be most effective with the ombudsman 

### located in the NMED Secretary's Office. 2.. 

### Establishment of a small 

### blsiiEss**ass~** p:ogr:am 

### (SBAP) far 

### providing tedm.ical. 

## am <X.IIplianoe**~** to small 

### hlsinesses; 'Ihe technical position(s) will be in the NMED Air 

### Quality Bureau's Control strategy/SIP Section to give small businesses correct technical, permitting and 

### compliance information for all applicable 90CMA Title V, Title I, Title III, SIP and 

### other requirements. 3. 

### Creation of 

### a 

### o::uplianoe Advisory Panel far 

### det:erminirg the 

### overall 

### effectiveness of the 

### SBAP. 'Ihe Governor will create a COmpliance Advisory Panel of seven members. 'Ihe 90CAAA requires a panel of not less than 

### seven members 

### with specifications regarding selection of each member. 'Ihe 

### Governor will appoint 

### two; legislative leaders will appoint four as specified in Section 507(e) of the 90CMA; and 

### the NMED Secretary will appoint one panel member. 2

### A budget will be established through Title V funding for expected 

### activities of the NMED Ombudsman, 

### the NMED Air 

### Quality Bureau Technical and 

### Compliance assistance program, and 

### the advisory panel. More detailed in£onnation on the three components is contained in the remainder of this SIP. Alb..lquerque Small Business Assistance Program 'Ihe Albuquerque/Bernalillo County Envirornnental Health Department, which has 

### responsibility for the local air program, must also implement a Title 

## v operating permit program and 

### a small business assistance program and 

### will have an Ombudsman and 

### technical permitting and 

### compliance Small Business Assistance Program staff. 'Ihe Compliance Advisory Panel created by 

### the Governor will serve -for both the state and 

### local SBAP programs. 'Ihe Albuquerque air program will have a public hearing before the local Board 

### on their SIP revision for the Albuquerque/Bernalillo County SBAP 1 

### which is also due to EPA by 

### November 15, 1992.
I. THE NMED CMBUDSMAN 'Ihe Ombudsman 

### will be located in the Office of the NMED Secretary and 

### will be appointed before November 15 1 

### 1994 1 

### to represent the interests of small businesses, as they relate to the implementation of section 507(a) (3) of the 90CAAA. 'Ihe NMED Secretary is the state equivalent to the EPA Region VI Administrator with respect to implementation and 

### responsibility for environmental programs. 'Ihe Ombudsman 

### will be capable of representing small business concerns to the state air pollution control agency by 

### location in the Office of the Secretary. As appropriate for the function of the office, the Ombudsn:an 

### will have access to individuals or goverrnnental units such as the Secretary of the Envirornnent Department, the Governor's office, the Attorney General, and 

### others through 

### location in the Office of the Secretary, to ensure the views and 

### needs 

### of small business are considered. 'Ihe Ombudsman 

### will have sufficient capability and 

### resources to identify problems and 

### make recommendations as they relate to implementation of the SBAP. 'Ihe Ombudsman 

### will establish a relationship with other representatives of small business in state goverrnnent by 

### means of coordination initiated by 

### the Ombudsman and 

### will assist in establishing a clearinghouse mechanism for providing referrals of small business to the SBAP for information. As authorized by 

### existing state law and 

### regulations for access to information, the Ombudsman 

### will have the authority to obtain data available to the public from other state agencies. SUfficient resources, such as printing and 

### mailing costs, will be provided to the NMED Office of the Small Business Ombudsman 

### to enable that office to discharge its new 

### responsibility effectively. Resources will be made available

3

### through 90CAM Title V 

### fees when regulations are prepared and became 

### effective' at the state level. The Ombudsman 

### will also assist in providing infonnation regarding the SBi'-\P 

### to small businesses by 

### addressing trade associations and 

### other industry 

### groups, assisting with seminars, workshops and 

### preparation of outreach materials.

II. NEW MEXIOO ENVIRONMENT 

### DEPARTMENT SMALL BUSINESS ASSISTANCE 

### PROGRAM The technical component of the SBAP will consist of state technical expert(s) who will respond to requests for assistance from small businesses. 'Ihe staff will be located in the Air 

### Quality Bureau's Control Strategy /SIP section, and 

### will be able 

### to respond 

### to pennitting and 

### compliance questions. 'Ihrough 

### use of available training, SBAP technical staff will include personnel reasonably knowledgeable 

### in Title V pennitting rules and 

### SIP development and 

### enforcement. If additional help is needed, SBAP technical staff will be able 

### to confer with other technical experts 

### in the Air 

### Quality Bureau and 

### EPA in order 

### to provide the appropriate technical assistance 

### to small businesses. The NMED estimates, based 

### on its current analysis of eligible sources, predominantly non-major sources under Title 

## v and 

### Title III, that two-to-three full-time technical positions, whose primary responsibilities will be the 

### NMED SBAP, will ultimately be sufficient for this component. The NMED will fill the 

### staff positions in stages as necessary based 

### on workload as new 

### sources categories are regulated by 

### EPA under Title III of the 90CAAA. The NMED may defer pennitting of non-major sources as allowed in EPA's Title V pennitting regulation promulgated 

### in the Federal Register on June 25, 1992. Adequate mechanisms will be established 

### to meet the requirements of section 507(a) (1,2,4-7). These mechanisms will include the following programs: A. Adequate mechanisms for developing, collecting and 

### coordinating infonnation concerning compliance methods and 

### technologies for small business 

### stationary sources, and 

### programs 

### to encourage lawful cooperation a:roc>ng such sources and 

### other persons 

### to further compliance with this Act. 

### A number 

### of the mechanisms are described below: 1. A process will be developed for addressing trade associations and 

### other 

### industry 

### groups as appropriate. 2. Public service announcements (PSAs) 

### may be prepared as appropriate and 

### sul::tnitted 

### for broadcast. Seminars and 

### workshops will be conducted as appropriate. 3. Available resources such as the Control Technology center (CIC) , the Emissions Measurement Technical Infonnation center (EMI'IC) and 

### other 

# u.s. Envirornnental Protection Agency 

### (EPA) services will be used 

### as feasible 

### to ac:x;{llire technical infonnation with which 

### to assist small businesses. 

### 4. Infonnation will be exchanged with the air agencies of neighboring states as appropriate. 4

### 5. Coordination will be done with other agencies and 

### organizations to help refer small businesses to the Small Business Assistance Program. A clearinghouse or other process may be established to aid in referring small businesses inquiries to the SBAP for information. 6. A hotline telephone number will be designated or established for the NMED SBAP program. It will serve as the SBAP hotline. It may be a toll free hotline. 7. Information packets will be developed and 

### distributed to small businesses upon request. 'lbe NMED's 

### Air Quality Bureau SBAP technical and 

### compliance staff will provide the activities listed below using a number 

### of the methods and 

### techniques described in items 1 through 7 above, i.e., information packets, preparation of PSAs, 

### mail outs, and coordination through other agencies and 

### organizations. B. Adequate mechanisms to assure that small business stationery sources receive notice of their rights and 

### obligations under this Act 

### in such manner and 

### fonn as to assure reasonably adequate time for such sources 

### to evaluate compliance methods and 

### any relevant or applicable proposed or final regulation or standard issued under this Act. 

## c. Upon request of an eligible small business, provide a listing of auditors who have notified the SBAP that they are qualified to perfonn audits or inspections of a source to detennine compliance with applicable air quality regulations. D. Procedures for consideration of requests from a small business stationary source for modification of: 1. any work practice or technological method of compliance, or 2. the schedule of milestones for implementing such work practice or method of compliance preceding 

### any applicable compliance date, based 

### on the technological and 

### financial capability of 

### any such small business stationary source. No such modification may be granted unless it is 

### in compliance with the 

### applicable requirements of the Clean 

### Air Act, 

### including the requirements of the 

### New Mexico state Implementation Plan, and the 

### New Mexico Air 

### Quality control Act. 

### Where such applicable requirements are set forth in federal regulations, only modifications authorized in such regulations may be allowed. E. Adequate ne:h.anisms for assisting small business stationary sources with pollution prevention and 

### accidental release detection and 

### prevention, including providing information concerning alternative technologies, process changes, products, and 

### methods of operation that help reduce air pollution. F. Adequate mechanisms to assist small business stationary sources in detennining applicable requirements and 

### in receiving permits in a timely and 

### efficient manner. 5III. NEW MEXICD CDMPLIANCE ADVISORY PANEL 

### 'Ihe Compliance Advisory Panel created by 

### the Governor will serve for both 

### the state and 

### local SBAP 

### programs. 'Ihe Governor will create a Compliance Advisory Panel consisting of seven i.ndi 

### victuals and 

### members 

### who will be appointed before November 15, 1994. 'Ihe Compliance Advisory Panel shall consist of:

a. Two members, 

### who are not 

### owners, or representatives of owners, of small business stationary sources, selected. by 

### the Governor to represent the general public; b!> Two members 

### selected. by 

### the state legislature who are 

### owners, or who represent 

### owners, of small business stationary sources (one member each by 

### the majority and 

### minority leadership of the lower house, or in the case of a unicameral state legislature, two members each shall be selected. by 

### the majority leadership and 

### the minority leadership, respectively, of such legislature, and 

### su.l::pa.ragraph (C) shall not apply);

c. Two members selected. by 

### the state legislature who are owners, or who represent owners, of small business stationary sources (one member each by 

### the majority and minority leadership of the upper house, or the eq_uivalent state entity); and 

### d. 

### one member selected. by 

### the head of the department or agency of the state responsible for air pollution pennit programs to represent that agency. 'Ihe NMED Secretary will appoint the NMED panel member from NMED to provide the panel with knowledge of the 90CAAA and 

### the pennitting and 

### enforcement program. For example, the NMED Secretary may appoint herself or the Envirornnent Protection Division (EPD) Director or staff within the Department. 'Ihe Compliance Advisory Panel has 

### the following duties: L Render advisory opinions on the effectiveness of the SBAP; difficulties encountered, and 

### degree and 

### severity of enforcement. 2. Prepare periodic reports to the EPA on the carrpliance status of the Small Business stationary Source Technical and 

### Envirornnental Compliance Assistance Program and 

### SBAP following the intent of the provisions of the 

### Paperwork Reduction Act, 

### the Regulatory Flexibility Act, and 

### the 

### E:;{ual Access 

### to Justice Act; and 

### 3. Review information prepared by 

### the SBAP 

### for small business stationary sources to assure such information is understandable to the non-technical person to the maximum 

### extent possible given the nature of the 90CAAA. 'Ihe NMED Air Quality Bureau Small Business stationary Source Technical and 

### Envirornnental Compliance Assistance Program will serve as the secretariat for the development and 

### dissemination of such reports and 

### advisory opinions.

6

### 'Ihe implementation and 

### maintenance of the SBAP will :be 

### supported by funds 

### derived from Title V requirements and, 

### for that reason, timing of SBAP implementation 

### to coordinate with timely adoption of the Title V pennit regulations, including fee regulations, is critical.

IV. ELIGIBILITY DETERMINATIONS 

### Small business stationary sources which qualify for the Small Business Assistance Program are defined in Section 507 (c) (1) of the 90CAAA as a stationary source that: (A) is owned 

### or operated by 

### a person that employs 100 or fewer individuals; (B) is a small business concern as defined in the Small Business Act; 

### (C) is not a major stationary source; (D) does not emit 50 tons or more per year of any regulated pollutant; and 

### (E) emits less than 75 tons per year of all regulated pollutants. 'Ihe NMED will establish a method for determining the eligibility of small business stationary sources to receive assistance under this program which includes an evaluation of a source's eligibility using the 

### criteria listed above from Section 507(c) (1) of the 90CAAA. Sources 

### that do not meet the criteria of Sections 507(c) (1) (C-E) of the 90CAAA, and 

### which do not emit more than 

### 100 tons per year of all regulated pollutants, may petition the NMED for grants of eligibility under the SBAP. NMED will develop a method for evaluating petitions. Any grants of eligibility considered by 

### the NMED will :be 

### granted only after public notice and 

### cormnent. Sources or source categories with sufficient financial and 

### technical resources 

### to meet their obligations under the 90CAAA may :be 

### excluded by 

### the NMED from receiving assistance under the Small Business Assistance Program. Any exclusion by 

### the NMED of sources or source categories from the SBAP, will occur 

### in consultation with the EPA Administrator and 

### the Administrator of the Small Business Administration and 

### only after public notice and 

### opportunity for public hearing.

7

### SUMMARY SCliEDULE


### NMED SBAP SIP lliPLEMENTATION



# -----------------------------
August 30, 1994
November 1, 1994

March 

### 30, 1994

June 30, 1994

November 1, 1994

July 30, 1994


### September 30, 1994

November 1, 1994
November 15, 1994 

# -----------------------------
NMED 

### Ombudsman will be 

### appointed.

NMED Ombudsman 

### will be 

### fully capable of 

### can:ying 

### out responsibilities.
SBAP technical and 

### compliance staff positions will be 

### created in the 

### Air Quality Bureau. First SBAP technical and 

### compliance staff position will be 

### filled.
First SBAP technical and 

### compliance staff member 

### will be 

### capable of meeting responsibilities. Additional SBAP staff will be 

### hired after November 15, 1994, as needed.
'lhe New Mexico COmpliance Advisory Panel will be 

### created
'lhe 

### New Mexico COmpliance Advisory Panel me.mbers 

### will have been 

### appointed consistent with the 90CAAA.
'lhe New Mexico Compliance Advisory Panel will be 

### fully capable for fulfilling its duties. 

### state SBAP program will be 

### in operation.

8SMALL BUSINESS STATIONARY SOURCETECHNICAL AND ENVIRONMENTAL COMPLIANCE ASSISTANCE PROGRAM Sec. 507.(a) Plan Revisions.-Consistent with sections II0 and 112, each State shall, after reasonable notice and public hearings, adopt and submit to the Administrator as part of the State implementation plan for such State or as a revision to such State implementation plan under section 110, plans for establishing a small business stationary source technical and environmental compliance assistance program. Such submission shall be made within 24 months after the date of the enactment of the Clean Air Act Amendments of 1990. The Administrator shall approve such program if it includes each of the following:

(I) Adequate mechanisms for developing, collecting, and coordinating information concerning compliance methods and technologies for small business stationary sources, and programs to encourage lawful cooperation among such sources and other persons to further compliance with this Act.

(2) Adequate mechanisms for assisting small business stationary sources with pollution prevention and accidental release detection and prevention, including providing information concerning alternative technologies, process changes, products, and methods ofoperation that help reduce air pollution.

(3) A designated State office within the relevant State agency to serve as ombudsman for small business stationary sources in connection with the implementation of this AcL

(4) A compliance assistance program for small business stationary sources which assists small business stationary sources in determining applicable requirements and in receiving permits under this Act in a timely and efficient manner.

(5) Adequate mechanisms to assure that small business stationary sources receive notice of their rights under this Act



### Exhibit No. 2in such manner and form as to assure reasonably adequate time for such sources to evaluate compliance methods and any relevant or applicable proposed or final regulation or standard issued under this Ace

(6) Adequate mechanisms for informing small business stationary sources of their obligations under this Act, including mechanisms for referring such sources to qualified auditors or, at the option of the State, for providing audits of the operations of such sources to determine compliance with this AcL

(7) Procedures for consideration of requests from a small business stationary source for modification of-

(A) any work practice or technological method of compliance, or

(B) the schedule of milestones for implementing such work practice or method of compliance preceding any applicable compliance date, based on the technological and financial capability ofany such small business stationary source No such modification may be granted unless it is in compliance with the applicable requirements of this Act, including the requirements of the applicable implementation plan. Where such applicable requirements arc set forth in Federal regulations, only modifications authorized in such regulations may be allowed.

(b) Program.-The Administrator shall establish within 9 months after the date of the enactment of the Clean Air Act Amendments of 1990 a small business stationary source technical and environmental compliance assistance program Such program shall-

(I) assist the States in the development of the program required under subsection (a) (relating to assistance for small business stationary sources);

(2) issue guidance for the use of the States in the implementation of these programs that includes alternative control technologies and pollution prevention methods applicable to small business stationary sources; and

(3) provide for implementation of the program provisions required under subsection (a)(4) in any State that fails to submit such a program under that subsection.

(c) Eligibility.-(!) Except as provided in paragraphs (2) and (3), for purposes of this section, the term "small business stationary source" means a stationary source that-

(A) is owned or operated by a person that employs I00 or fewer individuals;

(B) is a small business concern as de· fined in the Small Business Act;

(C) is not a m«jor stationary source; (D) does not emit 50 tons or more per year of any regulated pollutant; and

(E) emits less than 75 tons per year of all regulated pollutants

(2) Upon petition by a source, the State may, after notice and opportunity for public comment, include as a small business stationary source for purposes of this section any stationary source which does not meet the criteria of subparagraphs (C), (D), or (E) of paragraph (I) but which does not emit more than I00 tons per year of all regulated pollutants

(3)(A) The Administrator, in consultation with the Administrator of the Small Business Administration and after providing notice and opportunity for public comment, may exclude from the small business stationary source definition under this section any category or subcategory of sources that the Administrator determines to have sufficient technical and financial capabilities to meet the requirements of this Act without the application of this subsection.

(B) The State, in consultation with the Administrator and the Administrator of the Small Business Administration and after providing notice and opportunity for public hearing, may exclude from the small business stationary source definition under this section any category or subcategory of sources that the State_getermines to have sufficient technical and financial capabilities to meet the requirements of this Act without the application of this subsection.

(d) Monitoring.-The Administrator shall direct the Agency's Office of Small and Disadvantaged Business Utilization through the Small Business Ombudsman (hereinafter in this section referred to as the "Ombudsman") to monitor the small business stationary source technical and environmental compliance assistance pro· gram under this section In carrying out such monitoring activities, the Ombudsman shall-

( 1) render advisory opinions on the overall effectiveness of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, difficulties encountered, and degree and severity of enforcement;

(2) make periodic reports to the Congress on the compliance of the Small Busi· ness Stationary Source Technical and Environmental Compliance Assistance Program with the requirements of the Paperwork Reduction Act, the Regulatory Flexibility Act, and the Equal Access to Justice Act;

(3) review information to be issued by the Small Business Stationary Source Technical and Environmental Compliance Assistance Program for small business stationary sources to ensure that the information is understandable by the layperson; and

(4) have the Small Business Stationary Source Technical and Environmental Compliance Assistance Program serve as the secretariat for the development and dissemination of such reports and advisory optntons.

{e) Compliance Advisory Panel.-(I) There shall be created a Compliance Advisor; Panel (hereinafter referred to as the "Panel") on the State level of not less than 7 individuals. This Panel shall-

(A) render advisory opinions concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program, difficulties encountered, and degree and severity of enforcement;

(B) make periodic reports to the Administrator concerning the compliance of the State Small Business Stationary Source Technical and Environmental Compliance Assistance Program with the requirements of the Paperwork Reduction Act. the Regulatory Flexibility Act, and the Equal Access to Justice Act;

(C) review information for small business stationary sources to assure such information is understandable by the layperson; and

(D) have the Small Business Stationary Source Technical and Environmental Compliance Assistance Program serve as the secretariat for the development and dissemination ofsuch reports and advisory opinions

(2) The Panel shall consist of- (A) 2 members, who are not owners, or representatives of owners, of small business stationary sources, selected by the Governor to represent the general public;(B) 2 members selected by the State legislature who are owners, or who represent owners, of small business stationary sources (I member each by the majority and minority leadership of the lower house, or in the case of a unicameral State legislature, 2 members each shall be selected by the majority leadership and the minority leadership, respectively, of such legislature, and subparagraph (C) shall not apply);

(C) 2 members selected by the State legislature who are owners, or who represent owners, of small business stationary sources (I member each by the majority and minority leadership of the upper house, or the equivalent State entity); and

(D) I member selected by the head of the department or agency of the State responsible for air pollution permit programs to represent that agency.

(f) Fees.-The State (or the Administrator) may reduce any fee required under this Act to take into account the financial resources of small business stationary sources.

(g) Continuous Emission Monitors.-ln developing regulations and CTGs under this Act that contain continuous emission monitoring requirements, the Administrator, consistent with the requirements of this Act, before applying such requirements to small business stationary sources, shall consider the necessity and appropriateness of such requirements for such sources Nothing in this subsection shall affect the applicability of title IV provisions relating to continuous emissions monitoring.

(h) Control Technique Guidelines

- The Administrator shall consider, consistent with the requirements of this Act, the size, type, and technical capabilities of small business stationary sources (and sources which are eligible under subsection (c)(2) to be treated as small business stationary sources) in developing CTGs applicable to such sources under this Act