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STATE OF NEW MEXICO

BEFORE THE ENVIRONMENTAL IMPROVEMENT BOARD

IN THE MATTER OF PROPOSED REVISIONS

TO THE STATE IMPLEMENTATION PLAN

FOR THE SAN JUAN GENERATING STATION

BEST AVAILABLE RETROFIT TECHNOLOGY

DETERMINATION 

No. EIB 13- 02(R)

_____________________________________________________________________________

NEW MEXICO ENVIRONMENT DEPARTMENT’S

NOTICE OF INTENT TO PRESENT TECHNICAL TESTIMONY

Pursuant to 20.1.302.A NMAC, the New Mexico Environment Department (NMED) 

hereby submits its Notice of Intent to Present Technical Testimony in this proceeding.

1. The person for whom the witnesses will testify.

The New Mexico Environment Department.

2. The name and qualifications of each technical witness.

Mr. Ted Schooley. Ted Schooley has served as the Permitting Programs Manager of the 

Air Quality Bureau within NMED since May, 2013. He began with the Bureau in May of 2001 

as the Minor Source Manager, and later served as the Technical Services Manager of the 

Permitting Section in the Bureau. Mr. Schooley holds a Bachelor of Science degree in 

Mechanical Engineering from Louisiana State University, New Orleans, as well as a Bachelor of 

Science in Math and Physics from the University of Texas at El Paso. He is a registered 

Professional Engineer in mechanical engineering in the State of Louisiana. His resume is 

attached as Exhibit 10a.

Ms. Elizabeth Bisbey-Kuehn. Elizabeth Bisbey-Kuehn is currently the Acting Technical 

Services Manager for the Air Quality Bureau within NMED. She has served in the Bureau since 

February of 2005 as a Permit Specialist – a role she continues to perform in addition to her 
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managerial responsibilities. She also served as Acting Minor Source Section Manager from May 

through October of 2012. Ms. Bisbey-Kuehn holds a Bachelor of Science degree in 

Environmental Studies from the University of Iowa. Her resume is attached as Exhibit 11a.

Dr. Gi-Dong Kim. Gi-Dong Kim is a Modeling Specialist in the Modeling Unit of the 

NMED’s Air Quality Bureau’s Planning and Policy Section, where he has worked for eleven 

years. Dr. Kim holds a Ph.D. and a Master of Science Degree in Environmental Engineering 

from the University of Tennessee. His responsibilities with the Bureau include the review and 

performance of computer-based dispersion modeling in support of permitting, enforcement and 

regulation development actions. Dr. Kim has performed approximately 154 modeling analyses 

for the Bureau. His resume is attached as Exhibit 12a.

Ms. Rita Bates. Rita Bates is the Section Chief of the Planning Section of NMED’s Air 

Quality Bureau. She has more than 20 years of experience in the environmental field, including 

fourteen years with NMED. In addition to her work for the Air Quality Bureau, Ms. Bates has 

worked in industry as an environmental coordinator and in environmental consulting as a project 

manager. Ms. Bates holds a B.S. in Biology from Humboldt State University. Her resume is 

attached as Exhibit 13.

3. A copy of the direct testimony of each witness in narrative form.

Copies of the direct testimony of Ted Schooley, Elizabeth Bisbey-Kuehn, and Gi-Dong 

Kim are attached as Exhibits 10, 11, and 12, respectively. NMED does not intend to present 

direct testimony by Rita Bates, but may present her as a rebuttal witness, and will make her 

available to assist in answering questions that may go beyond the expertise of the direct 

witnesses. 
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In addition, NMED intends to present non-technical testimony by Mr. Ryan Flynn, 

Secretary-Designate of the Department. Mr. Flynn will testify briefly in support of the proposed 

regulatory changes, based on policy reasons.

4. Text of any recommended modifications to the proposed regulatory change.

NMED does not have any recommended modifications to the proposed SIP revisions. 

NMED supports the adoption of the revisions to Chapter 10 and Appendix D of New Mexico’s 

Regional Haze SIP as contained in the public review versions of those documents that were filed 

with the Board on June 27, 2013.

5. List and attach all exhibits to be offered at the hearing.

NMED offers the following exhibits, which are attached hereto:

NMED Ex. 1 Clean Air Act §§ 169A and 169B

NMED Ex. 2 40 C.F.R. § 51.308

NMED Ex. 3 40 C.F.R. § 51.309

NMED Ex. 4 Appendix Y to 40 C.F.R. Part 51 – BART Guidelines

NMED Ex. 5 “Term Sheet” between U.S. EPA, NMED, and PNM

NMED Ex. 6 BART Analysis Addendum, PNM San Juan Generating Station, April 1, 2013

NMED Ex. 7 Affidavits of publication of public hearing notices

NMED Ex. 8 Public Comments Submitted by the U.S. Bureau of Land Management

NMED Ex. 9 Public Comments Submitted by the National Park Service

NMED Ex. 10 Testimony of Ted Schooley

NMED Ex. 10a Resume of Ted Schooley

NMED Ex. 11 Testimony of Elizabeth Bisbey-Kuehn

NMED Ex. 11a Resume of Elizabeth Bisbey-Kuehn