HEARING NUMBER 

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 

~orFOR 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 1 l ~~ . ~~ 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 • 

th 
INI'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 inspections 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. 

5 
III. 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. 

7 
SUMMARY 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\(o 
APPENDIX 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 PUBLICATION 
STATEMENT 

Bought of 

Alumngnr~n lluily N ttus 

I' 0. IIOX 870 E•toblishod In Augu•t 1896 PHONE: 437-7120 

ALAMOGORDO. NEW MEXIC0-88310 

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

(I· . .JU-0(10() A: Ol)0-37 

~IR~T N~ME:N~ ~Gvlronm~ntal LA:::T: inPr o:o\.:err""nt Board 

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,_EC,AL F'U8L I CA 'T I ON NCI. Ub.:..;. 

lfiiiii-IIIIII_ECiAL A[l 

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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 of~ 92 

~ 

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, Sonlo Fe. New Mulco. 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~menjollon Pb1 rEIWb'll ore to ~Met 

the Smal Buli'le8 Aaislance 

Progam (S8AP) requtemen111 

of lhe 19';() Federal Clean Ail 

Act A~nB, ~~ 

507. The proposed plan may 

be r~ during regUclr 

bt.lslnea ~ at 1he otnca ot the Enviormenta lmproo..oe- ment Board. Harold Rumela 

Building, 1190 St. Francis 

Drive. Room 5-4310, Sanlo Fe. 

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 nnoduce exN::llta and to examine 

wttnesse&. PenoN deslfing to present le<:::t"orOcol testimony 

lhall IUbmlt to 1he Boord a wriffen llatament ot lnlent to 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: ldenttv the apec~~c.,.. 

pec1l and PA:lPOI8d ac11on 

alOng """" !he altemalt¥8 Ia~ propoaal ""'"' ... appjOQIIote: 

~ 

lilt and de«:rbD 

a::fN:)I1a to be of. 

l'efed In CQj wl8dlon 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. Sepiemb8f 25, 1992 and 

.nat be onlled: --s~ 

fof the pubic reco«:1 regardIng ptopcMd amendmenil 11:1 the Small euar- ,.. tor.c:o f'looga'n SIP: Oc-ll:lO« 

9. 1992." 

Note: The Boord may c:on- ..-ene a moot1ng atlel ht 

hearing 11:1 conlidef ac11on on !he ptopoeal.. 

11/Aoy s. W<::ill:er. Choln'nan 
STATE OF NEW MEXICO 

County of Bernalillo ss 

Thomas J. Smithson being duly sworn declares and says that he is National Advertising 

manager of the Albuquerque Journal , and that thls newspaper is duly qualified to 

publish legal notices or advertisements within the meaning of Section 3. Chaper 167, 

Session Laws of 1937, and that payment therefore has been made or assessed as court 

costs; that the notice, a copy of which is hereto attached, was published in said paper 

in the regular daily edition, 

for ............... J ............................ !imes, the first publication being on the .... ~.~ •. day 

of ........................ ~ ........................ , 1992, and the subsequent consecutive 

publications on ................... .;:u ........................ , ...... .;.. ........... !~"J!'l"'"''"""' 1992 . ...;...( --11> . / : ,-.) ·" .;:;f'"~ . .r~ .-/_ J.Jr·.--~. ,.,....,, .. •· \.. 

CLA-22-A (R-12,192) 

Sworn and subscribed to before me, a Notary Public in 

and for the County ,of Bemalillo a~~f New 

Mexico, this ... ~.'± ..... day of...... .. ...... 1992. 

PRICE ....................... ~-~;.~ ....................... . 

Statement to come at end of month. 

ACCOUNT NUMBER ....... C..Z.d~.J.b ............. . 
Affidavit of Publication 

No. 14064 

STATE OF NEW MEXJCO, 

County of Eddy: 

_ _;;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 of New 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:;? Notary Public, Eddy County, New Mexico 

My C<>mmission expires September 23, 1996 

~· .. ~ LEGAL ~OTicE ~ 0 

Cl ;··· ~ NEW ~co :'~r: ion , ENVIRONMENTAL.~.-, , IMPROVEMENT BOARD -· 

,)~911CE, oF PUBUC HEAR-

.:··"'·" · · ' lNG , .. .., ' ' ·. · . 

~ TO CoNSIDER PROPoSED ~ , AMENDMENTS TO 

. AIR QUALITY BUREAU'S • .. STATE IMPLEMENTATION 

; _. · .. :-, .. PLAN.'..._· 1,. • 

, The New M~ F'.nVtro~ tal Improvement Bi;)a.rd will 

hold a public hearing" on OCtober 9, 1992, beginning at 

_I 1:00 ,14J4; P1 the Atlditorlum 

• of the Harold Rlllllld.s Baild-

:. ,!:tit. li9o St: .r.ranas Drive, : Santi ft. NeViMe:dro, ID con- , aidet j:Jfopo'sed reviSions to 

' New Mctico's Mr'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 

of the 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 R onne1.s 

.:B uil_ding, U 90 ;St. Francis 

·-Drin;--R«>in~to.- Sinta ·~ 'Fe, Nu-a.iiir ___ ma 'be-o'b- r,;:. ) • . . ,copleS . y . talJ!ed by contacting Bill 

1 Blankenship, l16alth Program 

Manager, Air Quality Bureau, 

P.O. Box 26110, Santa Fe, 

NM, telephone number 827- 007~ .. : .• ·:. ~ 

The liearlng. will pe held 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 to present techni· 

cal ~y shall rrubrrrlt to 

the Board a written statement 

of intent to do so. Any person 

who will paraphrase. summarize or read from a prepared 

statement most submit the written testimony together with 

the~~ of intent The no-

~- tice o( !ntent sh~ lnchufe: 

!Wile and qualification of e3cb \ t.eclmica1 witnesl; :.-. ~ . . . 1 ·the Dlsme of ihe ;~ 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 of Publication 

State of New Mexico, 

County of Eddy, 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 not in supplement thereof 

on the date as follows, to wit: 

__ A_U_G_U_ST_2_6 _____ , 19 ~ 

------------' 19--

-------------' 19 --

___ ,19 __ 

that the cost of publication 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 

August 26, 1992 

HE'll MEXJCO 

ENVIRONMENTAL 

IMPROVEMENT BOARD 

H0nCE OF PUBUC 

HEARING TO CONSIDER 

PROPOSED AMENDMENTS 

TO AIR QUAUTY 

BUREAU'S STATE 

IMPLEYEHTATION PLAN 

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-431 0, 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 number 827-()()75. 

The hearing will be held il ac- 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 inllllnt The notice 

of Intent shalllndude: 

N~ 1 4 6 8 4 

name and qualification ol each 

technical witness: 

ltle name of lhe petSOn proffering lhe witneas: 

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 proposal where 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: The Board 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: 

'irs t Pub 1 i 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: 0~81 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 of the person proffering the witness; 

whether the person proffering the witness is a propor 

party; 

describe of the 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 

1 SIP: October 9, 1992." 

1 Note: The Board may convene a meeting after the he 1 proposaL 1 ss 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 

of the facts herein sworn to. That the publication, a copy of which 

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 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 

advertisements within 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 NEW MEXICO } ss 

COUNTY O.F CIBOLA 

Ken Wingate, being duly sworn deposes and says that he is the publisher of 

THE CIBOLA COUNTY BEACON, a newspaper published in Grants, Cibola County, 

New Mexico, that the notice of 

a copy orwwch is hereto attached was first published in said newspaper in its issue dated 

5( ;?cS _:t- and was published in an issue of said newspaper, once each week, and 

not in any supplement, thereafter for the full period of consecutive 

LL weeks, the last publication thereof being an issue dat¥ 

My Commission Expires 

Publisher's Fees $ _4...~...:3~-S"~8"'-----------

RECEIVED 

SEP 0 8 1992 

GROUND WATER BUREAU 
~ o{ i.nt.ent 1ritll u. ~ 

~ta, or ~ fit<emelli t.o ie 

incorporated into the publk ~ 

mullt be received in the Office of the 

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 

Oetoher 9, 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 published once :.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 payment of fees for said 

public:ltion has b~en made. 

LEGAL NOTICE 

August 14, 1m 

NEW MEXICO 

ENVIRONMENTAL 

IMPROVEMENT 

BOARD 

NOTICE OF PUBLIC 

HEARING TO 

CONSIDER PROPOSED 

AMENDMENTS TO 

AIR QUALITY 

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 of the pum 

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 the office 

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& 

number 827·0075. 

The heariM will be llGid 

In <S(:cordance with tne 

Hazardous waste Act, 

SectiOn 7H-t NMSA 1911 

and tne Board's Guidelines 

Governing hoearlnll!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. 

1111 ancf 

to 

to 

tntroauot 

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 qua llfh:afleR 

at HCh technk:al wtt:nMN 

1t1e name of the 1*'-' 

protteriM thoe wltnntl 

wn.ther tne ~ ...... ffwlno the wlt"ne$S•·te • ~· oppgnenf « Interested party; describe the nature, 

subJect end antk:lp.atell 

length at 1M IHtlmciC\"f I 

ldenllfY the spec:lffe 

~end~K· 

lion 

llln1ii\Jetllt alon9 w11t1 pr~ ·~ .,._.. 

liPPf'opt"l ate; 

lilt tiiUI Utcrl&tt 

llilidWIIeat llldllllf1a Ill be ... ......., lit c:.oMtdlen ... 

1M wlll'lltW testlmonr. 

*'"'*of lm.rt wl1ll fila 

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 Boanl not 

1atw INn 5:00 p.m. _. 

lltmDir25. 1m 1nc1 ,., • 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~ .tfw the ltNrJnt 

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___ 

NEW MEXICO 

ENVIRONMENTAl 

IMPROVEMENT BOARD 

NOTICE OF PUBLIC 

HEARING TO CONSIDER 

PROPOSED AMENDMENTS 

TO AIR QUALITY BUREAU'S 

STATE IMPLEMENTATION 

PLAN 

The New Mexico Environmerr 

tal Improvement Board will 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 be re- . viewed 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 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 7 4-2-6 

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 a written statement of 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 

of intent shall include: 

name and qualification of ea~ 

technical witness; 

the name of the 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 

L INVOICE ra:08-20-9 18~8 

.!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;:.,:. ·-

u 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 

-------------·----··-

,..,..,.. .. BALANCE DUE 

33.48 

4.08 

68.61 
NEW 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- Environmental Improvement Board 

will hold a public hearinOctober 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. 

The proponent of the 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 requirements o(tbe 

1900 Federal Clear .. 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· 

bits arid' tC examine witnesses. Penons; desiring to 

prescnt technical testimony 

ahall submit to the Board a 

written statement of intent 

to do so. Any person who 

will paraphrase, summar. 

iu Cll' read from a prepared 

statement mu11t sutlmit the 

III<JiUon testimony together 

with the statement. or 

intent. The notice of intent 

shall include: 

name and qualililication of 

each technical witness; 

the name oft he person prof. 

feTing the witness: 

w hcther the penon profi'ar· 

ing the witness is a propo. 

nent, opponent, or inter· 

uted party; 

describe the nature, 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 

wnticn statements, or WJ'it., 

ten ttatemcnt to be !ncar. 

poratcd into tho public 

1'eC«ji must be received in 

the OIIlcoofBoard not Later 

than 5:00 p.m. September 

25, 1992 and shall be 

entitled: "Statement for tho 

)Nblic record regarding 

pt"'ppscd amendments t.o 

Small Business Progn.m 

SIP: Oc:tobor i, 1992.• 

Mote: The Bean! .. ._,.. convene a DJCQting a..f\er the 

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. 01 rector 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 

-······ -·················· ........... ~-~~~.! ... ~~-~-~-~~---··············· ·····················-··· 

alfitf.C:}n~~ ......................................................................... Jii1XJ[K~ 

~fYSX~XJ.M~~ was published in a regular and 

entire issue of THE LOVINGTON DAILY LEADER and 

not in any supplement thereof, on<!exe~~XW){Jl~ 

gyne.xa~~x~xwx~. for ··---~~~- .. PL .. ~-~t ... _ ...... -.......... . 

~ii~~. beginning with the issue of ................ . 

···"'··················-······-··· --~~~~-~-~ ... ?..~·-························-···· 19 ... ~?. __ _ 

and ending with the issue of ···-··········-···············-·-·-··-··· 

August 21 92 .................................................................... ., ......... '" .......... 19 ............ . 

And that the cost of publishing said notice is the 

27.00 sum of $ ............................ . 

whic 

to before me this 26th 

~-: ~~~··~ _ _ • 19 .. JL 

No 

My Commission Expires ..... _ ... ~-~~-~-~--~~---········· 19 ... ?.~-

LEGAL 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~ 

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 

Amerxlments, Sedion fiJ7. 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-431 0, 

Santa Fe, N M and copies may 

be obtained by contacting Bill 

Blankenship, Health Program 

Manager, Air Quality Bureau, 

P.O. Box 26110, Santa Fe, NM, 

telephone number827-0075. 

The hearing will be held in 

acct.lfdance with the Air Quality 

Control Act, Section 74-2-6 

NMSA 1978 and the Board's 

Guideines Governing hearings. 

AJI interested persons will 

be gN9n a reasonable oppor1Unity 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 

teclYicallestimony shailll.i:mt 

to 1he Board a 'Mitlen stalement 

of intent to do so. Any person 

who wi paraptvase, sunmarize 

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; 

deeaibe tie nalure, subject and 

anticipated length of the 

testimony; 

lderdy 1he ~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 

Boardnotlaterlhan5:00p.m. 

September 25, 1992 and shall 

be entitled: 'Statement for the 

public record regarding 

proposed 8l1lel d llal lis to 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 

Pubished in 1he LcMngton Daily 

LeaderAugust21, 1992. 
Affidavit of Publication 

1. TE OF NEW MEXICO ) 

) ss. 

COUNTY OF COLFAX ) 

The undersigned, being firs! duly sworn according to law, 

on his oath deposes and says that he is the business manager of 

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 under the 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 HEARING TO 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 hearing will be held aspects and propos ch kt · r, 'd PLAN in accordance with the action along w 1ewspaper once 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 r A_ , 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 

~ __ day of 199 __ beginning at 11:00 a.m., All interested persons with the witne 

:irst publication: 

;econd publication: 

·r•-..., oublication: ~ __ day or _____ ___. 199.--

:ourth publication: The __ day of 199_ 

:ifth publication: ~ __ day of-::---:---::---' 199 __ 

nd that pay~ or such publication has been made or 

ssessed as ~\~~ ofr Court s . I e o which it relates. 

Subscribed and sworn to before m 

My commission expires 

~mJu;c? 1!, 191:: 

in the Auditorium of the wiD be given a reasonable 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, or written 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 meet the Any person who will amendments to t 

Small Business Assist- paraphrase, summarize S m a II Bus In e' 

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\ 

I . PUBLISHER'S ~ILL 4 · · . 3:::Z fines, 7 pt. type, _J__ Tures, $ ,1[ ikf .z< .?!e 1/c ::: 1( ( 30 
AHIDAVIT OF PUBLICATION 

County o! Chaves 

State of New Mexico, } 

I, ........ J.g.~ .. N.!' ..... ~~:tU.t .......... _ 

.............. @§.!!._J:I.~?.g_~.:r . .~ .... ---··-·-

Of the RoiiWell Daily Record a daily 

newspaper publiahed at Roaw~l, New ~ex~.co, do solemnly swear that the 

chppmg hereto attached was publ.iJh. 

ed once a week in the regular and 

entire iuue of said paper and not in a supplement thereof for a period 

of ...... .Q:U!? .... :t'b.JP.~ ................................. . 

·························································· weeks 

beginning with the issue dated ?.2~.9: 

... ,. ....... A.v..K!d.§.t. .... ,. ................ , 19 .. 9..~ 

and ending with the issue dated ?.3.~.s! 

............. .f!.JJ@.§.t ................... ~··· 19 .. ~.?. t 'I 

~··-

~c" .. :-......... ~. ........... "-y-y, 

./...~: ............ .; .. 

y-' 

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 

I The 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 I witness' 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 
STATE OF NEW MEXICO J 

ss 

County of Grant 

William F. Archibald, being first duly sworn, on his oath says: That he is the 

manager of the Silver City Daily Press and Independent, a newspaper printed 

and published in the Town of Silver City, in the County of Grant and the 

State of New Mexico, and that said newspaper is now, and was at all times 

herein mentioned, a newspaper of general circulation. 

That the advertisement, a copy of which is hereto attached, was published in 

said herinbefore mentioned newspaper once each and every week for 1 consecutive week(s), the first publication thereof having been made on 8/22/92 

and the last publication thereof having been made on 

That said newspaper was regularly printed, published and issued with said 

notice therein upon the following dates, to wit: 

Subscribed and sworn to before me this .# t>C day of~~ 19 4'..2-

~- ~d-v--e- ~otary Public 

My commission expires 
Legal 

£:~lf?'R!'Jtff% liS §'irmtmwr~!WiMtJS! Iii: au 

NEW MEXICO relevant evidence, data, 

ENVIRONMENTAL views, and arguments, orally 

IMPROVEMENT BOARD or in writing, to introduce 

NOTICE OF PUBLIC exhibits and to examine witHEARING TO CONSIDER nesses. Persons desiring to 

PROPOSED present technical testimony 

AMENDMENTS TO shall submit to the Board a 

AIR QUAlifY BUREAU'S written statement of intent 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 submit the written 

mental Improvement Board testimony together with the 

will hold a public hearing on statement of intent. The noOctober 9, 1992, beginning tice to intent shall 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 of the person profDrive, Santa Fe, New Mex- feeing the witness; 

ico, to consider proposed re- whether the person proffervisions to New Mexico's Air ing the witness is a propoQuality Bureau's State Im- nent, opponent, or interested 

plementation Plan. party; 

The proponent of the plan is describe the nature, subject 

the. Environment Depart- and anticipated length of the 

ment. The proposed nonreg- testimony; 

ulatory State Implementation 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 of the 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, or written 

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 Board not 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 regarding proposed 

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 consider action on 

Bo.ud's Guidelines Govern- the proposal. 

iltg hearings. (s)Roy S. Walker 

All interested persons will be Chainnan 

given a reasonable opportu- Ag22 

nity at the hearing to submit 
NEW MEXICO INFORMATION SYSTEM, INC. 

P. 0. Box 6703 

Santa Fe, NM 87502-6703 

(505) 988-8010 

AFFIDAVIT OF PUBLICATION IN THE NEW MEXICO REGISTER 

I certify that the attached is a 1rue and correct copy of legal Notice or Rule published in the New Mexico Register, and 

that payment therefore has been assessed by invoice for said legal notice or publication, which appeared on the date and 

in volume and issue number noted below. 

Date of Publication: August 31, 1992 

Vol. Ill No. 16, New Mexico Register 

ATTEST: 

_ck·~ Claire G~, Mana g Editor 

New Mexico 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 

NOTICE TO PUBLISHING AGENCY 

Attached is your agency's Confinnation Copy of material published in the New Mexico Register. This is a legal 

copy that documents the fact that your Notice of Rule Making and/or your Proposed Rule and/or your Adopted 

Rule bas been published as required by law in the New Mexico Register. It is extremely important that this 

Confinnation Copy be placed in your permanent administrative files along with your Minutes ofMeetings. This 

Confmnation Copy will be inspected by the State Auditor at the time your next annual audit is conducted (SA 

Rule 91-1). Failure to comply ivith this requirement will impact your agency's Audit Report. 

• ~··~-~-- ,._,. :-.-----·o•;--~ 
NOTI s 

NEW MEXICO STATE 

CORPORATION COMMISSION 

TRANSPORTATION DEPARTMENT 

BEFORE THE NEW MEXICO STATE 

CORPORATION COMMISSION 

IN THE MA ITER OF THE ADOPTION 

OF NEW MOTOR TRANSPORTATION 

RULES GOVERNING 

INTRASTATE MOTOR CARRIERS OF 

PERSONS AND PROPERTY 

Docket No. 92-201-TA-M 

NOTICE OF RULE MAKING 

Under authority granted under Artide XI, 

Section 7 of the New Mexico Constitution and 

!he Motor Carrier Act, §§ 65·2-60 through 65-

2·127 NMSA 1978, the N&w Mexico Stat& 

Corporation Commission hereby gives notice 

that it intends to adopt new 1\Hs (Proposed 

Rules) governing intrastate motor caniers of 

persons and property. This rukJ making is 

int&r.ck:K1 as a comprehensive rewrite of existing rules and general orders governing 

intmslate motor carriers of persons and prop· 

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. 87504·1.269 and enclosing a $11 check 

1o cover the cost of printing and mailing. 

Public hearings on the Proposed Rules 

will be held as fisted below: 

September 25. 1992; 9:00 am. 

Eastern New Mexico University 

Campus Union Buikfmg. 

Multi-purpose Room 110 

58 University Blvd. 

RosweU, NM 88201 

New Mexico Register 

Volume ill Number 16 

August 31, 1992 

September 28, 1992: 9:30a.m. 

2nd Judicial District Courthouse, 

Room 140 

415 Tijeras, N.W. 

Albuquerque, NM 87102 

September 30, 1992; 9:30 a.m. 

Fannington Civic Center 

(Room to be announcsd on day of 

hearing at main 9fltrance) 

200 W. Arrington 

Farmington, NM 87041 

October2, 1992; 9:00a.m. 

P E.R.A. Building, Apodaca HaD 

Comer of Old Santa Fe Trail and 

Pasoo de 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 (2nd floor) 

251 W. Amador 

Las Cruces. NM 88005 

Written comments on the Proposed 

Rules are welcomed and may include, but are 

not limited to, data, views, or arguments in 

support of, or in opposition to the Proposed 

RukJs. Written comments must be submitted 

on or before October2. 1992 and addressed 

as follows: 

Proposed Rules/Docket No. 92·201-TR-M 

Offi~ of the 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 

lsi JEROME 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 Order No. 143 as foDows: 

STATE ENGINEER OFFICE 

STATE OF NEW MEXICO 

Bataan Memorial Builcing 

P. 0. Box2S102 

Santa Fe. New Mexico 87504-5102\ 

Proposed Order No. 143 August 14, 1992 

IN THE MATTER OF THE 

PROMULGATION OF ARTICLE HB OF 

THE RULES AND REGULATIONS 

GOVERNING ORILUNG OF WELLS AND 

APPROPRIATICN AND USE OF 

GROUND WATER IN NEW MEXICO. 

{Ecf1or's Not8: The fulf text of PropoS«! Ordsr 

No. 143,1f1ed with lhs Stale Records Center 

on August 14, 1992, app9arsonpage9oflhis 

issw of the New Ms1dco Registsr, Vol. Ill No. 

16./ 

Pursuant to Section 72-2-8, N.M. Staluts$ 

Annotated, 1978 Compilation (laws of t967. 

Chapter 246, Section 1 ), notice is hereby 

given that a public hearing will be held on the 

above described Slat& Engineer Proposed 

Order No. 1 ~ in Mabry Hall, State Education 

Buildiog, Stat& Capitol, Santa Fa, New Mexico 

on October 16, 1992, beginning at 9:30a.m. 

Any person who is or may be affected by the 

Proposed Order may appear and testify. 
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 10 a.m. atthe State 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 less than 60 days prior to 

implementation of the annual October food 

stamp adjustments by the Food and Nutrition 

Serviceofthe U.S. Department of AgriQJiture. 

The delay was the result of last-minute Congressional iegslalion alfooling the October 

food stamp changes. This legislation ensures 

that there will be no adverse effects on food 

stamp participation for the period October 

1992 through September 1993. 

New Mexico Register 

Volume ill Number 16 

August 31, 1992 

Therefore, in order to avoid federal sanctions 

lor untimely impiEHMntation, the Department 

will implement on 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 shelter de<::k.lction Hmit for 

non~derty/disabled households; the shelter 

deduction standardforhomelesshooseholds; 

and the standard utility allowance. 

These adjustments will become effective 20 

days from the date of this notice to ensure that 

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 Board will convene a Rule Hear· 

ing to consider amendments to 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 

Per1aining to Open Meetings, 

Public Records and 

Confidentiality 

Hearing w111 be on October 7, 1992 at 10:00 

a.m. Notice is further given that the Board will 

convene a Regular meeting on October 7, 

1992 immediately following the Rule Hearing. 

ConskSeration of adoption of amenanents 

will be an agenda item. Both the hearing and 

meeting will be held at the New Mexico Regu· 

lation and Licensing Departmenrs large con· 

terence room at 725 Saint Michael's Drive, 

Page 3 

Santa Fe, New Mexico. The Board may go 

into closed session during the Board Meeting 

lo consider specific liCo:7nsiflg and disciplinary 

cases. 

Persons desiring to present their views on 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 

comments must be received by S&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 of the 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 

Board Office at 725 St. 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 

Regular Business Meeting will follow the Rule 

Hearing. During the meeting, the Board may 

enter into Executive Session to dscuss licensir.g matt&rs. Persons requiring special 

accommodations at the Rule Hearing, Board 

meeting or examination are asked to call the 

Board Office immediately so that arrangements can be made. 
APPENDIX F 

HEARING TRANSCRIPT 
BRUCE KING GOVERNOR 

December 21, 1992 

Tom Diggs 

State of New Mexico 

ENVIRONMENT DEPARTMENT 

AIR QUALITY BUREAU 

Harold Runnels Building 

1190 St. Francis Drive, P. 0. Box 26110 

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 

DEPUTY SECRETARY 

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 
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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 

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2 A P P E A R A N C E S 

3 In behalf of the New Mexico Environmental Improvement Board: 

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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. 

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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.) 

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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.) 

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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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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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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 

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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 

LANPHERE REPORTING SERVICE LTD. 
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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 

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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 

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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, 

LANPHERE REPORTING SERVICE LTD. 
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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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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 

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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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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 

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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.) 

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2 REPORTER'S CERTIFICATE 

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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. 

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Betty J. Lanphere, RPR-CP-CSR 

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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 

7 
BRtTE KI);G 

July 28, 1992 

State of .Vew Mexico 

EIVYIRONMENT DEPARTME.VT 

Harold RtmHels Building 

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

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 

[>EPl TI 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 awlications 1 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. 

7 
SUMMARY 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 

03-CO 

expires: 

-C)(o 

~ 

'EXHI,BIT 

E: 18 3 
.. 

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 ::::: / 2 4 / ·:;· .o: e : 

,: j ;;: :. T i\~f:-•1'1E: i·J;-'1 ;_: ,-, ··.; 1 r (• n m<~ r• t .-,, i 

Hi:j_,,..,: :·• ,:;:unn<:.· 1 s B i d9i~:i•J::.,-4J l:(l 

LASf:lmProvement Board 

{~DD~::ll'~''.J ::.t. r-·r":l.r,cis [lrive 

r: r \ , =· ; : <:: '-" n c: ..,_ r:: '"' , 1 ... , r•l 

...:.:: :: 4 ;::; IS 7 :::~ '_,i c -

: 

PUBLICAllON NO. u6;4 

AD 

$2C::. t_: .• ~: 

$ 1. 7 7 

$ ~:0. ~:'i) 

4 ~~5 6 7 

~·Ef:~: 

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;:::: -;; l } =· 4 .) I ..:: ;, ..:: _, =· 

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 lmpiementoilon Plan revillona are to meet 

the SmaH Eluli1ea Aslislonce 

Program (S8AP) requlremenfll 

of lhe l'XlO Federal Clean AJr 

Act Amendments. SeeMan 

&11, The piOpOal!>d plan may 

be reviewed during regular 

bullnel8 hou.s at !he otnce of 

the Envlranmen1tll Improvement Board. HarOld Runnela 

Building. 1190 St. Francia 

C.lve. Room 5-4310. Sankl Fe. 

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 Introduce exhlblta and to examine 

wltnesaea. Peraona detlrlng to present technlcol testimony 

shalf submit to the Board a wrilten statement of Intent to do ao. Any pe110n who wil 

paraphrase. summariZe or 

read from a prepared state- ment muat submit 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 

11 

peliOn 

a proponent, 

protfeflng 

opponent. 

the ~ 

or lnlefealed party; detctl:le the nature. lll.lbject and anlldpaled length of the testimony; ldenlily the apedflc oa- pecll and propoled action 

along with the allefnotlve 

language proposal where 

appropriate; lilt and deactlbe 

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. Septembef 25, 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 

hearing 10 CXlnlider action on the prOI)OIOI. 

w.JQoy S. Wa4kef, 

Chairman 
HEWUEX\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, 1 190 St. 

Francis Drive, Room $4310, Salta 

Fe, NM and coplea may be obtained 

STATE OF NEW MEXICO 

County of Bernalillo ss 

Thomas J. Smithson being duly sworn declares and says that he is National Advertising 

manager of the Albuquerque Journal , and that this newspaper is duly qualified to 

publish legal notices or advertisements within the meaning of Section 3, Chaper 167, 

Session Laws of 1937, and that payment therefore has been made or assessed as court 

costs; that the notice, a copy of which is hereto attached, was published in said paper 

in the regular daily edition, 

for .............. ./.. .......................... limes, the first publication being on the .... ~-~ .. day 

of.. ...................... ~ ........................ , 1992, and the subsequent consecutive 

publications on ................... ..qu .. ~ ................. 7'"·::;.i~·":::r.:,l1r'J'I;r\""'""'' 1992. 

? ('J/1'1,; ,( . > 1. . . '""'' t' \.. ~ . ' 1 ' .• 

by cortacting Bill 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 

1ng to subml relevant evidence, data.~~ dE RNA D ET 

Sworn and subscribed to before me, a Notary Public in 

and for the Countr ,of Bernalillo aM ~~~of New 

Mexico, this ... a.':t: ..... day of ...... ~ ...... , 1992. 

=· ~ ~~ly S: PRICE ....................... ~.~;.S-:1 ....................... . :1 J\IOTARY PUBLIC-NEW MEXICO exarrune witnesses. Persons desltlngiBOND FILED WITH SEGA;:~y OF. STAT 10 pn!S8fC technical lastimony shall ; '\) 

submit ment ollrmnt to the Board, to do 90. a wrtl!en Any pel1lllflj.. stam.r•m::m::;is~s:io~n~Ex:!~i:;re~s==.=:::~:6~6l::::· 'i~t~· 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 Into the public record 

must be received In the O!llce of the 

Board not later !han 5:OOpm Se~Umber 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 after the hearing to consider 

action on the proposal 

Roy s. Walker, CheJnnan 

Journal: August 23, 1992 

Statement to come at end of month. 

ACCOUNT NUMBER ....... 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 
Affidavit of Publication 

No. 14064 

STATE OF NEW MEXICO, 

County of Eddy: 

--'G=-=a=r::....Yc......:::D:..::.:....._:::S:.::c:.::o:...:t:.::t:-__________ being duly 

sworn, says: That he 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 of New Mexico for_---"1=---___ consecutive weeks on 

the same day as follows: 

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, Eddy Cvunty, New Mexico 

My Commission expires September 23, 1996 

'LEGAL NOTICE 

Cr -;·~o~Ai. .. -·ion 

IMPROVEMENT BOARD ' 

NOTICE OF PUBLIC HBAR- ~f -_. --, _: ING'-'' ::_J'. 

TO CONSIDER PROPosED 

AMENDMENTS TO - A1R QUALITY B_tlREAU'S 

STATE IMPI£\1ENTATION . . _PLAl(~-.-' _, The New Me.iico Knviroiunen- ., tal Improvement B9ilrd will 

hold a public 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:. ':Kew M&i$. iO con.: 

' side-r·propo'seii tei'Jli<)'it8 to · New Mc: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 office of ; 

the Bnviroilmen tal '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, Santa Fe, 

, 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 relevant evidence, data, views, 

and arguments, orally or in 

writing. to introduce exhJ'biiS 

and to examine witnesses. Pa--

sons desiring to present tecbni-

~ cal ~ny l!hall ~ to 

the Board a Written Staiernent 

of intent to do so. Any pemon 

- who will P!U'IPhrase. ~ 

'·file. or ~- ~~ a ptql8Ied statement must submit the writ- - ten testimony together witb 

the statement ot intent. Tfie'iio- , , tice o( inteilt shall include: r " ·name' ilnd qualifiCation of~ 

' technical WitiiesS: • · ' : '"tiie'-~'ofihe·~~' ·--~ 

'· ferlrig die~';(#.~ ' whethet · fh6 -pemil ptolraing , . the witness ~·a ~t, op- ·~ ponciilt. «.in~~·-. 

'fdes·cnoe tlie)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 of Publication 

State of New Mexico, 

County of Eddy, 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 not in supplement thereof 

on the date as follows, to wit: 

AUGUST 26 92 ------------, 19-- ______________ ,19--

-----------------,19 __ 

------------, 19--

that the cost of publication 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 ;@:~ 

My 7/22/96 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 of the person proffering the witness; 

whether the person proffering the witness is a proponen 

I party; 

1 describe of the 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, P 0 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 POST AGE GUARANTEED 

ss:n 3 

STATE OF NEw MEXICO 

1190 ST. FRANCIS DR 

SANTA FE NM 87503 

AMOUNT ENCLOSED ____ __ RETIJRN THIS STIJB 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. That the publication, a copy of which 

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 

advertisements within the meaning of Chapter 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. N 0 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 Board will hold a public hearIng 011 October t. 1992, beginning at 11: OOf 

a.m., in the Auditorium of tbe Harold 

Runnels Building, 1190 St. Francis Drive, Santa Fe, New Meltico, to consider proposed revilliooa to New Mexico's Air 

Quality Bureauis State Implementation 

Plan. 

The prupooeot of the plan Ia the Environ· ment Department. The proposed noore- gulatory State Implemenlation Plan revisions are to meet tbe Small Business A.uiitaiJce' PnJgram <SBAP> requirementa of the 19110 Fe6eral Clean Air Act 

AmendQlenta, SectiGn sm. The propoaed 

plan niil.y be reviewed during regular 

bu.sineaii' hours at the offll:e of the Environmmital L111provemeDt Board, Harold 

RUllllel!! Buildlq, UliO St. Ji'raru::ia Drive, 

Room S>11319, santa Fe, N1ll and copies 

may be obtailledb)' ~Bill Blank· 

ens hip. Health Program 111anager. Air 

Quality Bureau, P.O. Box ll811ll, santa Fe, 

Nlll. teiepllooe lllllllber 827-00'111. 

Tbe bearing will be beld Ill. aeconlallr:ll 

with the A.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 bearing to submit relev.llll evidence, date, views, 

8lld II'&I!IMIIII, orally or lnwrltlng, to latroduce ·exblblta llld to eum1ne wit- .-. Persons dellriog to pre~e~~t tecbn14lll testimoay aballllbd~ 80ird a lfr!tteo.,!tatemlllt ol intent lll'do so. Ally 

~wbowillJ:!~~or read frOia. ,a · nwst 

submit tile wrUtep t.elt,lmoey toeber 

~~-;=~TbewUCe~ 

name and quallflcatloll of each teclmical 

witoea; . tiiiJ ~ • the person proffering the 

:J:: the penon proffering the witoesai Ia a 1J1'011011!!111. oppooeot, or interestedi 

paltJ; ~ ' 

delcrlbe ·U., nature, subject a.nd .... cipated lqtb of the testimony; · -~ ;: 1 

ldeotify the apeelftc aspecta and~ 

aedla'~~~e ~ ;J· dela1be tecbnlcalRhlbJtl 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 

.and llbaB w•w. "!l&atemeat l'8r !lie 

pralll.le reeOCII ......... proposed-~ 

....... 

~ 

1e tile 8IIMI BaaiDesa AsSIPtGadler t, 1112. 

~~ brd 11U1J convene a~ after the bearing te Cl!IJBider action on the 

propoeal. ' 

s&Roy s. Wilker, Cbldrlllan 

Legal 1953'7 Publlabed lo Tbe lDdepeo. 

den! Alll!ust 24. 1992. 
OO.F OF PUBLICATION 

STATE OF NEW MEXICO } ss 

COUNTY OF CIBOLA 

Ken Wingate, being duly sworn deposes and says that he is the publisher of 

TH.E CIDOLA COUNTY BEACON, a newspaper published in Grants, Cibola County, 

New Mexico, that the notice of 

a copy of wwch is hereto attached was first published in said newspaper in its issue dated 

2 rd5, * and was published in an issue of said newspaper, once each week, and 

not in any supplement, thereafter for the full period of I consecutive 

LL weeks, the last publication thereof being an issue dat¥ 

My Commission Expires 

Publisher's Fees $ _4;;I...;:3"'"·..::::'5!W8"-----------

RECEIVED 

SEP o 8 !92 

GROUND WATER BURfAU 
Notices o{. intent witla tlw writtee 

staielaeBta, or \9'l'iU.Go ._meat to 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 

Odober 9, 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__2 5 , ... .,.., '...Jt;w1• 

This '1e•.v0p;:tpo::- 1:> Julv qualified to 

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 :ees for said 

publication has been made. 

LEGAL NOTICE 

August 24, 1992 

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 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 proponent of the plan 

Is the Environment De· 

partment. The proposed 

nonregulatory State I m· 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 hours at the office 

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 

number 82HI07S. 

The hearing wtll be held 

In accordance with the 

Hazardous waste Act, 

Section 74-2-6 NMSA 1m 

and 1t1e Board'S Guidelines 

Governing llearlnfll. 

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 Introduce exfllltIIS anlf to examine wit· ,...... Persons dellrlna to .......... tecllfllcal testtmony st~ell submit to U1e 

a.rct a written state~ 

of Intent to do so. llllrf ,..._. who will par• 

•-· summarize or 1"N1t frOm a prepared statsnMIIt .., 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 ~ 

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

terested partY; describe the nature, 

subltCt and anttclp..._, tenolh ot ttw tatlmenv; 

IdentifY the specifiC 

...... tton alanl -~­ wttt1 altertMittW 

lantU... priiiiONd wMnl 

appropriate; 

~ 

llat encl tleacrlll•• ............ ....... c:o.acttan ... lltWIIMII'tfttlmony • ...... of Intent wilt 1M 

written statementa, .,. 

wrnten statement to be Incorporated Into tht puOIIc 

record must be recefv.ct tn 

m. Offtc:a of the Board 11111t 

IMir tMn 5:00 p.m. s.- ......,. 25, 1992 and llletllle 

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: 

Las CrucesiTlnSun-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 

DUE AND 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!Tlellt 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. 

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 during regular bulineas 

hOUII atltle offica of the Envir· 

Ol"'1''lllrrW lmproven1ent Board, 

HnlcfAunnela Building, 1190 

St. Francis Drld'; Aoom 

S-4310, Santa Fa, NM and co- 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 "-ing will tie heiG 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 a written statement of 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 

of intent shall include: 

name and qualification of each 

technical witness; 

!he name of the 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 along with 

alternative language proposal 

where appropruue; 

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 Board may convene 

a meeting after !he hearing to 

consider aelion on the proposal. 

sst Roy S. Walker, Chairman 

Pub. No.: 92·1348 

Publish: August 26, 1992 
a: 

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 

68.61 
NEW 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- Environmental Improvement Boani 

will hold a public hearin;. 

October 9, 1992, begi~ 

at 11 :00 a.m., in the Au · 

torium of the Harold 

Runnels Building, 1190 St. 

Francis Drive, San.ta Fe, 

New Mexico, to colll!idclr 

proposed revisions to New 

Mexico's Air Quality 

Burcnu's State Implement.a~Uon Plan. 

The proponent onhe plaa II 

the Environment Dep~­

mont. The< prilposod nonroaulatory State Implementation Plan revisions are 141 

moot the Small Businae 

lusiatance p·rograllll 

(SBAP) requirements oft'llit 

1990 Federal Clear 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 hcld in 

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.cnt t.ochnical testi!Mfty 

shalliUbmit to the Board a written statement of intent 

to do so. Any person who 

will paraphrase, summer· 

iae or JeAcl Hom'a.pre~ 

~Clnt mUllt~tin~ ~ 

with ---~~ the state~ent ol 

lnt.ei&i. The notice of illUiaf: 

shall include: 

name and qualifir}(;ation of 

each technical witness; 

the name of the person proffering the witness: 

w bother the pcraon proll'ering lhe witness is a propo. 

nont, opponent, or inter-

-- JIIU'~; caoenbcHhe nature;--

.... ~ticipjlted lenads iii 

the testimony; 

idaut.ify the specific aspeet.a 

ane pn~posed action akmtr 

wil.Ja altcrna~ive lanpage 

preposal w.Jioro 

aJIIII"'priate; 

lilt IUld describe technical 

oxJArts to be 0 rrcrcd 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: "Statement for tho 

~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, 1992 
Display 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 of Account 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 ••••••••••••••••••••••••••• 

---

---

---

---

27 00 

---

27 00 

---

---

. 
Affidavi~ of Publication 

STATE OF NEW MEXICO 

) ss. 

COUNTY OF LEA 

Joyce C 1 emen s 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 

......... -.............................. ~~g~J. .. ~!?.t.J.~~ ................................................ . 

~~~ .............................................................................. >ftv<.tlill 

........................ .................... ........................................ <iZIIMX1i:XQxJr.illt 

~x.NmMx.MecCcox was published in a regular and 

entire issue of THE LOVINGTON DAILY LEADER and 

not in any supplement thereof, omfi!X~xw.e.!elcx.IDXIX.tlill 

SlUIISCXIilll)(XlD1Xtbl«XWOOI:, for ..... 9.!!!L.lJ.2..Q.\U' ....................... . 

dCI'iiUIIU~~. beginning with the issue of ............... . 

....................... -............... f!..~g~-~.t.?..L ....................... -... , 19 ... 9.?. .... . 

and ending with the issue of ............................................... . 

....................................... ~~9!-!.~.~- ... ~t.............................. 19 ... 2? ..... 

And that the cost of publishing said notice is the 

sum of $ ..... .?.!.:.g.Q .......... .. 

~ .............. f.\ugu.s.t .................... -:7? ....... , 1~ .. :92 ..... . 

_ .... t .. L.h-.;:7.;:.:~~~ 

My Commission Expires .......... $.~P.:t, ... ?.fL ......... , 19 ... 2!1 .... . 

LEGAL NOTICE 

NEW MEXICO 

ENVIRONMENTAL 

IMPROVEMENT iCARD 

NOTICE OF PUBUC 

HEARING TO 

CONSIDER PROPOSED 

AMENDMENTS TO 

AIR QUALITY BUREAU'S 

STATE IMPLEMENTATION 

PLAN 

The New Mexico Environmenial Improvement Baird will 

hold a pubic hllmg on O:acbar 

9, 1Ge2, beginning at 11:00 

a.m., in the Auditorium of the 

Harold Runnell Building, 1190 

St. Francia Drive, Santa Fe, 

~ 

New Mexico, 10 conaidef 

I'IYiliona 10 New 

Mexico' a A'l Quality Bureau'• 

State lmpl4tmantatlon Plan. 

The proponent of the plan 

illlhe ~Diparmlnt. 

The proJIOied non"""latoty State Implementation Plan 

reYiaiona .. to !Met 1he Small 

(SBAP) 

BuainMa 

requirements 

Aulatance ~ 

olthe 

1 9eO Federal Clean Air Ai::t 

Amelldli., .. Sadlon 9J7.lhe 

prqxll8d., INrl be nMiwed 

ck.wing ~ullr buainea houri 

at the ollcitof .. ErwiaYnln- tllllm~ltBoald. Harold 

Runnela Building, 1180 St. 

Francia Drive, Room s-.4310, 

Santa Fe, NM a'ld oopiH may 

be obtained by contacting Bill 

Blankenlhlp, HHhh Program M&Mger, Alr Qual~ lureau. 

P.O. Box 26110, S.. Fe, NM. 

talephonenumbef'827-007S. 

The hearing will be held In 

accorc:l-.101t witt !he NICMililt 

Contraf N:t, Section 7.e-z-e 

NMSA 

~ 

1871 and 1he Board'l 

Gc:Mn*lg t..inga. 

AlllntiNStld peraont wilt 

be giYin a!WIIONII*opporlto nity at the hHring eo 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:lt tlllina1yiNIMmit 

toile Bolrdallllllln.......,. 

whowiPII 

of intentiOdoiO. 

..... 

~ 

UMIIIfa or read fralt a prepaniCf 

atatamant !!!I! aubmlt the 

writllln lldliiiiytogelherwfth the ,...,_,. of lntlnt TWt 

notice of Intent ehlllinclude: 

name andquallflcaManof 4IICh 

technical witnela; 

the N11M of ··th!l; l\llfiOft pro::!"L Nwl&nal; 

whettler PMGft~ 

the~-·~ 

opponent, 01' inllrei.Oparty: 

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

anticlpeted ....._ of .,. liletlmonJ• ,. lcilnlltt .. ·.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 inllnt with the 

wriUIIn atatemtnia, or written 

&Wimant to be incorpol'ated 

into lhepuOiic record muat be 

reoelvect in the Oflice of ht 

Board not later than 5:00p.m. 

SepllmberZS, 1118tandahal: 

be anitlld: "SSIddltment fotht 

public record rega=' PIQPCIId .... an. a to 

Buainlu Auiltance Program 

SIP: Ootober t, 1M2. • 

Note: The Board may 

convene a IMifln9 after 1he 

hNring to conaidlt action on 

the PftiPOUI . II8IAoy a. w..._, 

Chalnnan 

~In .. l..ovlngtan Daly 

LHdlr Auguat 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 
- NEW MEXICO INFORMATION SYSTEM, INC. 

P. 0. Box 6703 

Santa Fe, NM 87502-6703 

(505) 988-8010 

AFFIDAVIT OF PUBLICATION IN THE NEW MEXICO REGISTER 

I certify that the attached is a true and correct copy of legal Notice or Rule published in the New Mexico Register, and 

that payment therefore has been assessed by invoice for said legal notice or publication, which appeared on the date and 

in volume and issue number noted below. 

Date of Publication: August 31, 1992 

Vol. III No. 16, New Mexico Register 

ATTEST: 

New c~~ Mexico egtster 

New Mexico Information System, Inc., Publisher 

AMOUNT: /;23. 1./0 

ACCT. NO.: 'if;_ ~2 C 

INVOICE# ENCLOSED 

DATE: August 31, 1992 

NOTICE TO PUBLISIUNG AGENCY 

Attached is your agency's Confirmation Copy of material published in the New Mexico Register. This is a legal 

copy that documents the fact that your Notice of Rule Making and/or your Proposed Rule and/or your Adopted 

Rule has been published as required by law in the New Mexico Register. It is extremely important that this 

Confirmation Copy be placed in your permanent administrative Jiles along with your Minutes of Meetings. This 

Confirmation Copy will be inspected by the State Auditor at the time your next annual audit is conducted (SA 

Rule 91-1). Failure to comply with this requirement will impact your agency's Audit Report. 
NOTICES 

NEW MEXICO STATE 

CORPORATION COMMISSION 

TRANSPORTATION DEPARTMENT 

BEFORE THE NEW MEXICO STATE 

CORPORATION COMMISSION 

IN THE MATIER OF 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 

Under authority granted under Article XI, 

Section 7 of the New Mexico Constitution and 

the Motor Carrier Act,§§ 65·2·80 through 65-

2·127 NMSA 1978, the New Mexico State 

Corporation Commission hereby gives notice 

that it intends to adopt new rules (Proposed 

Rules) governing intrastate motor carriers of 

persons and property. This rule making is 

intended as a comprehensive rewrite of existing rules and general orders governing 

intrastate motor carriers of persons and 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 and enclosing a $11 check 

to cover the cost of printing and mailing. 

Public hearings on the Proposed Rules 

will be held as listed below: 

September 25, 1992; 9:00am. 

Eastern New Mexico University 

Campus Union Building, 

Multi-purpose Room 110 

58 University Blvd. 

Roswell, NM 88201 

New Mexico Register 

Volume ill Number 16 

August 31, 1992 

September 28, 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 day of 

hearing at main entrance) 

200 W. Arrington 

Farmington, NM 87041 

October 2, 1992; 9:00a.m. 

P.E.R.A. Builcing, Apodaca Hall 

Comer of Old 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 

las Cruces, NM 88005 

Written comments on the Proposed 

Rules are welcomed and may include, but are 

not limited to, data, views, or arguments in 

support of, or in opposition to the Proposed 

Rules. Written comments must be submitted 

on or before October 2, 1992 and addressed 

as follows: 

Proposed Rules/Docket No. 92-201-TR-M 

Office of the Chief Clerk 

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, Chairman 

lsi JEROME D. BLOCK, Commissioner 

LOUIS E. GAUEGOS, Commissioner 

ATIEST: 

lsi RICHARD 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 MA TIER OF 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's Note: The full text of Propos6d Order 

No. 143, filed with the State Records Center 

on August 14, 1992, app6ars on page 9 of this 

issue of the New Mexico Register, Vol. Ill No. 

16.} 

Pursuant to Section 72·2-8, N.M. Statutes 

Annotated, 1978 Compilation (laws of 1967, 

Chapter 246, Section 1 ), notice is hereby 

given that a public hearing will be held on the 

above described State Engineer Proposed 

Order No. 143 in Mabry Hall, State Education 

Building, State Capitol, Santa Fe, New Mexico 

on October 16, 1992, beginning at 9:30a.m. 

Any person who is or may be affec1ed by the 

Proposed Order may appear and testify. 
lng proposed amendmentlll to the Small 

Business A.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. at the 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 prior to 

implementation of the annual October food 

stamp adjustments by the Food and Nutrition 

Service of the U.S. Department of Agriculture. 

The delay was the result of last-minute Congressional legislation affecting the October 

food stamp changes. This legislation ensures 

that there will be no adverse effects on food 

stamp participation for the period October 

1992 through September 1993. 

New Mexico Register 

Volume ill Number 16 

August 31, 1992 

Therefore, in order to avoid federal sanctions 

for untimely 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 shelter deduction limit for 

non~derty/disabled households; the shelter 

deduction standard for homeless households; 

and the standard utility allowance. 

These adjustments will become effective 20 

days from the date of this notice to ensure that 

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 Board will convene a Rule Hearing to consider amendments 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 

Pertaining to Open Meetings, 

Public Records and 

Confidentiality 

Hearing will be on October 7, 1992 at 10:00 

a.m. Notice is further given that the Board will 

convene a Regular meeting on October 7, 

1992 immediately following the Rule Hearing. 

Consideration of adoption of amendments 

will be an agenda item. Both the hearing and 

meeting will be held at the New Mexico Regu· 

lation and Licensing Departmenrs large con· 

terence room at 725 Saint Michael's Drive, 

Page3 

Santa Fe, New Mexico. The Board may go 

into closed session during the Board Meeting 

to consider specific licensing and disciplinary 

cases. 

Persons desiring to present their views on 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 

comments must be received by Sept. 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 of the 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 

Board Office at 725 St 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. 1m. A 

Regular Business Meeting will follow the Rule 

Hearing. During the meeting, the Board may 

enter into Ex•e~·.ltive Session to ciscuss licensing matt-.rs Persons requiring special 

accommodations at the Rule Hearing, Board 

meeting or examination 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 

1 : 1···! 1··· r 1 · . .,., .:. r j -, 1 1 F:: o .:..j_ r · ,· 1 

, ! . • -::, C1 ·::· t , F ,- ::t r, c 1. '" r:1 r 

~~nt~ F~, NM S7~0J 

1 No. 117971 

Ou rl/'77/9" <- :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 Intent to do so. Ar'(<f person who will paraphrase, sumor read hor)'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 
Silver City Daily Press 

and Independent 

300 West Market Street 

P.O. Box 740 

SILVER CITY, NEW MEXICO 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 of public hearing 

PO# 

letter 

Inches Lines Total 

17.5 122.5 @.27 = $33.07 

@.22= 

@.22= 

@.22= 

@.22= 

SUBTOTAL $33.07 

TAX $2.04 

GRAND TOTAL $35.12 
STATE OF NEW 'MEXICO J 

ss 

County of Grant 

William F. Archibald, being first duly sworn, on his oath says: That he is the 

manager of the Silver City Daily Press and Independent, a newspaper printed 

and published in the Town of Silver City, in the County of Grant and the 

State of New Mexico, and that said newspaper is now, and was at all times 

herein mentioned, a newspaper of general circulation. 

That the advertisement, a copy of which is hereto attached, was published in 

said herinbefore mentioned newspaper once each and every week for 1 consecutive week(s), the first publication thereof having been made on 8/22/92 

and the last publication thereof having been made on 

That said newspaper was regularly printed, published and issued with said 

notice therein upon the following dates, to wit: 

Subscribed and sworn to before me this rile- day of £~ 19.9.2-

~~ #~~ NotaryPublic 

Mycommissionexpires ~ // 199~ !/ -
legal 

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 Depart· 

ment. The proposed nonregulatory State Implementation 

Plan revisions are to meet 

the Small Business Assistance Program (SBAP) requirements of the 1990 Federal Clean Air" ACt Amend~ 

ments, Section 507. The 

proposed plan may be reviewed during regular business hours at the ofru:e of 

the Environmental Improvement Board, Harold 

Runnels Building, 1190 St. 

Francis Drive, Room S4H9 • .:. $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 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 Govern· 

ing bearings. 

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 l1llW submit the written 

testimony tOgether with the 

statement of intent. The notice to intent shall incfude: 

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 aspectsand proposed action along 

with alternative language 

proposal where appropriate; 

list and describe technical 

exhibitS to be offered iJa 

connection with she witness' 

testimony. 

Notices of intent with the 

written statemerus. or wriUeD 

statement to be incorporated 

into the public record must 

be received in the Office of 

the Board not later than 5!00 

P:nl: Semf11bsf,:t4.--l~ an([, U1lt . 6C'-~e.a£IUU;'; 

"Statement for tile pub lie 

recotd regardiDe propcrM!d 

ameadmeats the Saaall 

Business Assistance Program SIP! October 9, 

1991." 

Note: The Boaid may convene' a meeting after the 

hearing to consider ac:Qon on 

the proposal. 

(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::mi ts 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'l P Oct~~ u{q 2 

Name and Date of Healing 

Print Nue Signature Addre1111 Who do you Will you be Length 

Repreaent? testifying? Testim 

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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. 

5 
III. 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. 

8 
SMALL BUSINESS STATIONARY 

SOURCE TECHNICAL AND 

ENVIRONMENTAL COMPLIANCE 

ASSISTANCE PROGRAM 

Sec. 507.(a) Plan Revisions.-Consistent with sections II 0 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 of operation 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. 2 
in 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 of any 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 I 00 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 I 00 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 of such 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