Susana Martinez 

Governor 

August 31, 2011 

Dr. AI Armendariz 

Regional Administrator 

State of New Mexico 

U.S. EPA Region 6 (6-RA) 

1445 Ross Avenue, Suite 1200 

Dallas, Texas 75202-2733 

Dear Dr. Armendariz: 

RECEIVED 

II SEP 23 PH I: 50 

EXTERNAL AffAIRS DIVISION 

On behalf of the New Mexico Environment Department (NMED), I am pleased to submit 

to the Environmental Protection Agency (EPA) the enclosed set of amended state rules 

as support for a request for delegation of authority for certain federal New Source 

Performance Standards (NSPS), National Emission Standards for Hazardous Air 

Pollutants (NESHAP), and Maximum Achievable Control Technology (MACT) 

standards. 

On August 1, 2011, the New Mexico Environmental Improvement Board adopted 

amendments to the following Parts of the New Mexico Administrative Code (NMAC): 

20.2.77 NMAC - New Source Performance Standards (amended to 

incorporate by reference federal requirements promulgated by EPA 

between February 1, 2009 and December 31, 201 0), and 

20.2.78 NMAC - Emission Standards for Hazardous Air Pollutants 

(amended to incorporate by reference federal requirements promulgated 

by EPA between February 1, 2009 and December 31, 201 0), and 

20.2.82 NMAC - Maximum Achievable Control Technology Standards for 

Source Categories of Hazardous Air Pollutants (amended to incorporate 

by reference federal requirements promulgated by EPA between February 

1, 2009 and December 31, 201 0). 

State Capitol • Room 400 • Santa Fe, New Mexico 87501 • 505-476-2200 • fax: 505-476-2226 
Dr. Alfredo Armendariz 

August 31, 2011 

Page Two 

NMED seeks delegation of authority from EPA for NSPS, NESHAP, and MACT 

standards for the time periods indicated above, and in doing so, provides the following 

statements pursuant to the requirements of 40 CFR § 63.91 (d)(2). EPA approved 

NMED's program for receiving delegation of existing and future Clean Air Act Section 

112 standards when it granted final interim approval to our Title V program on 

November 18, 1994. NMED reaffirms that it still meets the criteria for receiving 

delegation of Section 112 standards. NMED is seeking delegation of NSPS, NESHAP 

and MACT Standards for both Title V and non-Title V sources. 

The hearing record for all of the SIP revisions is enclosed, which includes the filed 

regulations, transcripts, exhibits, public notices, affidavits of publication, the notice of 

intent to testify, and public comments. 

The State of New Mexico looks forward to receiving the EPA's approval of this 

delegation request. If you have any questions regarding this submittal, please contact 

Richard Goodyear of NMED's Air Quality Bureau at (505) 476-4305. 

Sincerely, 

~vKv~- Susana Martinez 

Governor 

AM/kr 

Enclosures 

cc: Tom Diggs, EPA Region 6 

Dave Martin, NMED Secretary 

Mary Rose, Acting NMED Environmental Protection Division Director 

Richard Goodyear, NMED Acting Air Quality Bureau Chief 
FiLED WITH 

STt.TE RECORDS CEHTf:R 

201 I AUG- I PM 3: 0! 

NMAC TRANSMITTAL FORM 

1301 Siler Rd. Building B, Santa Fe, New Mexico 87507 

Name Adam Keaster I Phone# I (505) 476~5559 I FAX 1 (505) 476-4375 

E-mail adam.keaster@.state.nm.us 

New D Amendment W Renumber D Repeal D Emergency D 

Mi~~ 1 I ~--ls,l/11 9/2/11 

~y·~~~~~~~~, 

No Yes X Please list iJtt:achment:s 

iJnd Internet slte{s) if 

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1. httv:J/www.eRil·aov/fedrgstr/ 

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Title: 

SRC·2000·02 

5/26/2000 

2. 

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s.i~~~ 
TITLE 20 

CHAPTER2 

PART77 

ENVIRONMENTAL PROTECTION 

AIR QUALITY (STATEWIDE) 

NEWSOURCEPERFORMANCESTANDARDS 

20.2.77.1 ISSUING AGENCY: New Mexico Environmental Improvement Board. 

[06/16/95; 20.2.77.1 NMAC- Rn. 20 NMAC 2.77.100 06/23/00] 

20.2.77.2 SCOPE: Any stationary source constructing or modifying and which is subject to the 

requirements of 40 CFR Part 60, as amended through December 31, 2010. 

[06/16/95, 11-19-97, 9-8-99; 20.2.77.2 NMAC- Rn 20 NMAC 2.77.101 & A, 06/23/00; A, 02/18/02; A, 06/13/03; 

A, 06/15/07; A, 08/17/09; A, 09/02/11] 

20.2.77.3 STATUTORY AUTHORITY: The environmental improvement board "shall promulgate 

regulations and standards in ... air quality management" (NMSA 1978, Section 74-I-8.A) and "regulations adopted 

by the environmental improvement board ... shall...ensure that regulations and standards under ... the federal act will 

not be violated." (NMSA 1978, Section 74-2-7.8). 

[06/16/95; 20.2.77.3 NMAC- Rn, 20 NMAC 2.77.102 06/23/00] 

20.2.77.4 DURATION: Permanent. 

[06/16/95; 20.2.77.4 NMAC- Rn, 20 NMAC 2.77.103 06/23/00] 

20.2.77.5 EFFECTIVE DATE: June 16, 1995, except where a later date is cited at the end of a section or 

paragraph. 

[06/16/95, 08/02/96; 20.2.77.5 NMAC- Rn, 20 NMAC 2.77.104 6/23/00] 

[The latest effective date of any section in this part is September 2, 2011] 

20.2.77.6 OBJECTIVE: The objective of Part 77 of Chapter 2 is to adopt or establish state authority to 

implement new source performance standards for stationary sources in New Mexico subject to 40 CFR Part 60. 

[06/16/95; 20.2.77.6 NMAC- Rn, 20 NMAC 2.77.105 06/23/00] 

20.2.77.7 DEFINITIONS: [RESERVED] 

[20.2.77.7 NMAC- N, 06/23/00] 

20.2.77.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This part amends and 

supersedes Air Quality Control Regulation (AQCR) 750, last filed on April!O, 1994. All references to AQCR 750 

in any other rule shall be understood as a reference to this part. 

[06/16/95; 20.2.77.8 NMAC- Rn, 20 NMAC 2.77.106 06/23/00] 

20.2.77.9 ADOPTION OF 40 CFR PART 60: Except as otherwise provided, the new source performance 

standards as promulgated by the United States environmental protection agency, 40 CFR Part 60, as amended in the 

Federal Register through December 31,2010 are hereby incorporated into this part [20.2.77 NMAC]. 

[06/ 16/95, 08/02/96, 11/19/97, 09/08/99; 20.2.77.9 NMAC - Rn 20 NMAC 2.77.107 & A, 06/02/00; A, 02/18/02; A, 

06/13/03; A, 06/15/07; A, 08/17/09; A, 09/02111] 

20.2.77.10 MODIFICATIONS AND EXCEPTIONS: The following modifications or exceptions are made 

to the incorporated federal standards. 

A. Amend 40 CFR Part 60, Section 60.2, Definitions, as follows: For the purposes of delegation of 

authority which the administrator of the United States environmental protection agency may, in his discretion, 

delegate to the secretary of the New Mexico environment department, "administrator" means the secretary of the 

department or his authorized representative. 

B. Exclude 40 CFR- Part 60, Subpart AAA- Standards of Performance for New Residential Wood 

Heaters. 

C. The federal standards of performance incorporated by this regulation shall not be subject to 

NMSA 1978, Section 74-2-8 (Variances). 

D. Exclude 40 CFR Part 60, Subpart HHHH, Emission Guidelines and Compliance Times for CoalFired Electric Steam Generating Units. 

20.2.77 NMAC 
[06/16/95; 20.2.77.10 NMAC- Rn, 20 NMAC 2.77.108 06/23/00; A, 06/15/07] 

20.2.77.11 DOCUMENTS: Documents incorporated and cited in this Part may be viewed at the New 

Mexico environment department, air quality bureau, 1301 Siler Road, Building B, Santa Fe NM, 87507. 

[06/16/95; 20.2.77.11 NMAC- Rn, 20 NMAC 2.77.109 06/23/00; A, 08/17/09] 

HISTORY OF 20.2.77 NMAC: 

Pre-NMAC History: The material in this part was derived from that previously filed with the Commission of 

Public Records-State Records Center and Archives. 

ElB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 07/24/84. 

ElB/ AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 08/18/87. 

ElB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 07/07/88. 

ElB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 04/27/89. 

ElB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 05/29/90. 

ElB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 04/22/91. 

ElB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 04/14/92. 

EIB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 04/21/93. 

EIB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 04/12/94. 

History of Repealed Material: [RESERVED] 

Other History: 

ElB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, filed 04/12/94 was 

renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.77, New Source 

Performance Standards, filed 05/17/95. 

20 NMAC 2.77, New Source Performance Standards, filed 05/17/95, was renumbered, reformatted, amended 

and replaced by 20.2.77 NMAC, New Source Performance Standards, effective 06/23/00. 

20.2.77 NMAC 2 
/ 

No Yes X 

NMAC TRANSMITTAL FORM 

Please list attachments 

and Internet s/te(s) If 

appllc<~b/e 

Yes D 

2. 

3. 

FILED WITH ST.~ E RECORDS CENTER 

2011 AUG- I PM 3: 0 I 

Public domain 0 

Name: Deborah Peacock, Esq. Check if delegated 

:~,C~.·~~~re~~~~~~~~ -- ----------------- ~ori~~!L I 

Title: 

SRC-2000-02 

5/26/2000 
TITLE 20 

CHAPTER2 

PART78 

ENVIRONMENTAL PROTECTION 

AIR QUALITY (STATEWIDE) 

EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 

20.2.78.1 ISSUING AGENCY: New Mexico Environmentallmprovement Board. 

[06/16/95; 20.2.78.1 NMAC- Rn, 20 NMAC 2.78.100 06/23/00) 

20.2.78.2 SCOPE: All sources emitting hazardous air pollutants which are subject to the requirements of 

40 CFR Part 61, as amended through December 31,2010. 

[06/16/95, 11/19/97, 09/08/99; 20.2.78.2 NMAC- Rn 20 NMAC 2.78.1 01 & A, 06/23/00; A, 02/18/02; A, 06/08/07; 

A, 08/17/09; A, 09/02/11] 

20.2.78.3 STATUTORY AUTHORITY: The environmental improvement board "shall promulgate 

regulations and standards in ... air quality management" (NMSA 1978, Section 74-1-8.A) and "regulations adopted 

by the environmental improvement board ... may ... prescribe standards of performance for sources and emissions 

standards for hazardous air pollutants ... " (NMSA 1978, Section 74-2-5.C). 

[06/16/95; 20.2.78.3 NMAC- Rn, 20 NMAC 2.78.102 06/23/00] 

20.2.78.4 DURATION: Permanent. 

[06/16/95; 20.2.78.4 NMAC- Rn, 20 NMAC 2.78.103 06/23/00] 

20.2.78.5 EFFECTIVE DATE: June 16, 1995, except where a later date is cited at the end of a section or 

paragraph. 

[06/16/95, 08/02/96; 20.2.78.5 NMAC- Rn, 20 NMAC 2.78.104 06/23/00] 

[The latest effective date of any section in this part is September 2, 20 II] 

20.2.78.6 OBJECTIVE: The objective of Part 78 of Chapter 2 is to adopt or establish state authority to 

implement emission standards for hazardous air pollutants in New Mexico subject to 40 CFR Part 61. 

[06/16/95; 20.2.78.6 NMAC- Rn, 20 NMAC 2.78.105 06/23/00] 

20.2.78.7 DEFINITIONS: [RESERVED] 

[20.2.78.7 NMAC- N, 06/23/00] 

20.2.78.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This part amends and 

supersedes Air Quality Control Regulation (AQCR) 751, last filed on April 10, 1994. All references to AQCR 751 

in any other rule shall be understood as a reference to this part. 

[06/16/95; 20.2.78.8 NMAC- Rn, 20 NMAC 2.78.106 06/23/00] 

20.2.78.9 ADOPTION OF 40 CFR PART 61: Except as otherwise provided, the national emission 

standards for hazardous air pollutants as promulgated by the United States environmental protection agency, 40 CFR 

Part 61, as amended in the Federal Register through December 31,2010 are hereby incorporated into this part 

[20.2.78 NMAC]. 

[06/16/95, 08/02/96, 11/19/97, 09/08/99; 20.2.78.9 NMAC- Rn 20 NMAC 2.78.107 & A, 06/23/00; A, 02/18/02; A, 

06/08/07; A, 08/17/09; A, 09/02/11] 

20.2.78.10 MODIFICATIONS AND EXCEPTIONS: The following modifications or exceptions are made 

to the incorporated federal standards: 

A. amend 40 CFR Part 61, Section 61.02, Definitions, as follows: For the purposes of delegation of 

authority which the Administrator of the United States environmental protection agency may, in his discretion, 

delegate to the secretary of the New Mexico environment department, "administrator" means the secretary or his 

authorized representative. 

B. exclude 40 CFR Part 61, Subparts B (National Emission Standards for Radon Emissions from 

Underground Uranium Mines), H (National Emission Standards for Emissions ofRadionuclides Other Than Radon 

from Department of Energy Facilities), I (National Emission Standards for Radionuclide Emissions from Facilities 

Licensed by the NRC and Federal Facilities not covered by Subpart H), K (National Emission Standard for 

Radionuclide Emissions from Elemental Phosphorus Plants), Q (National Emission Standards for Radon Emissions 

20.2.78 NMAC 
from Department of Energy Facilities), R (National Emission Standards for Radon Emissions from Phosphogypsum 

Stacks), T (National Emission Standards for Radon Emissions from the Disposal of Uranium Mill Tailings), and W 

(National Emission Standards for Radon Emissions from Operating Mill Tailings). 

C. the federal emission standards incorporated by this regulation shall not be subject to NMSA 1978, 

Section 74-2-8 [Variances) 

[06/16/95; 20.2.78.9 NMAC- Rn, 20 NMAC 2.78.108 06/23/00) 

20.2.78.11 DOCUMENTS: Documents incorporated and cited in this part may be viewed at the New 

Mexico environment department, air quality bureau, 1301 Siler Road, Building B, Santa Fe NM, 87507. 

[06/16/95; 20.2.78.11 NMAC- Rn, 20 NMAC 2.78.109 06/23/00; A, 08/17/09) 

HISTORY OF 20.2.78 NMAC: 

Pre-NMAC History: The material in this part was derived from that previously filed with the commission of 

public records-state records center and archives. 

EIB/AQCR 751, Air Quality Control Regulation 751 -Emission Standards For Hazardous Air Pollutants, filed 

07/24/84. 

EIB/AQCR 751, Air Quality Control Regulation 751 -Emission Standards For Hazardous Air Pollutants, filed 

08/18/87. 

EIB/ AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

07/07/88. 

EIB/AQCR 751, Air Quality Control Regulation 751 -Emission Standards For Hazardous Air Pollutants, filed 

04/27/89. 

ElB/AQCR 751, Air Quality Control Regulation 751 -Emission Standards For Hazardous Air Pollutants, filed 

05/29/90. 

EIB/ AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

04/22/91. 

EIB/AQCR 751, Air Quality Control Regulation 751 -Emission Standards For Hazardous Air Pollutants, filed 

04/14/92. 

EIB/ AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

04/21/93. 

EIB/AQCR 751, Air Quality Control Regulation 751 -Emission Standards For Hazardous Air Pollutants, filed 

04/12/94. 

History of Repealed Material: [RESERVED] 

Other History: 

EIB/ AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants (filed 

04/12/94) was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2. 78, Emission 

Standards For Hazardous Air Pollutants, effective 06/16/95. 

20 NMAC 2.78, Emission Standards For Hazardous Air Pollutants (filed 05/17/95), was renumbered, reformatted, 

amended and replaced by 20.2.78 NMAC, Emission Standards For Hazardous Air Pollutants, effective 06/23/00. 

20.2.78 NMAC 2 
FILED WITH 

STATE RECORDS CENTER 

NMAC TRANSMITTAL FORM 20 II AUG - I PM 3: 0 2 

1.24.10 NMAC 

1301 Siler Rd. Building B, Santa Fe, New Mexico 87507 

Name Adam Keaster I Pko".~ # J (505) 476-5559 .I FAX I (505) 476-4375 

E-mail adam.keaster@.state.nm.us 

a 

No Yes X 

Name: 

Title: 

SRC.2000-Q2 

5/26/2000 

Please Jist a!Glchments 

and Intemst s~(s) if 

appliable 

Yes D 

1. htto;//www.eDa.qoy/fedrgstr/ 

2. 

3. 

Public domain 0 

Check iT delegated 

authority D 
TITLE 20 

CHAPTER2 

PART 82 

ENVIRONMENTAL PROTECTION 

AIR QUALITY (STATEWIDE) 

MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY STANDARDS FOR SOURCE 

CATEGORIES OF HAZARDOUS AIR POLLUTANTS 

20.2.82.1 ISSUING AGENCY: New Mexico Environmentallmprovement Board. 

[Rn, 20 NMAC 2.82.1, 08/14/98; 20.2.82.1 NMAC- Rn, 20 NMAC 2.82.100 06/23/00] 

20.2.82.2 SCOPE: All sources emitting hazardous air pollutants, which are subject to the requirements of 

40 CFR Part 63, as amended through December 31,2010. 

[Rn, 20 NMAC 2.82.2, 08/14/98; A, 08/14/98, 09/08/99; 20.2.82.2 NMAC- Rn 20 NMAC 2.82.101 & A, 06/23/00; 

A, 02/18/02; A, 06/13/03; A, 06/08/07; A, 08/17/09; A, 09/02/11] 

20.2.82.3 STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Section 74-1-8 

(A) (4) and (7), and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 

74·2·5 (A), (B) and (C). Section 74·2·5 (C) provides that "regulations adopted by the environmental improvement 

board may prescribe standards of performance for sources and emissions standards for hazardous air pollutants ... " 

[Rn, 20 NMAC 2.82.3, 08/14/98; A, 08/14/98; 20.2.82.3 NMAC- Rn, 20 NMAC 2.82.102 06/23/00] 

20.2.82.4 DURATION: Permanent. 

[Rn, 20 NMAC 2.82.4, 08/14/98; 20.2.82.4 NMAC- Rn, 20 NMAC 2.82.103 06/23/00] 

20.2.82.5 EFFECTIVE DATE: November 27, 1994, except where a later date is cited at the end of a 

section or paragraph. 

[Rn, 20 NMAC 2.82.5, 08/14/98; A, 08/14/98; 20.2.82.5 NMAC · Rn, 20 NMAC 2.82.104 06/23/00] 

[The latest effective date of any section in !his part is September 2, 20 II] 

20.2.82.6 OBJECTIVE: The objective of this part is to adopt or establish state auihority to implement 

emission standards for hazardous air pollutants for the source categories in New Mexico subject to federal standards. 

The US EPA requires New Mexico to adopt such standards in order to implement requirements in Section 112 of !he 

Clean Air Act. 

[Rn, 20 NMAC 2.82.6, 08/14/98; A, 08/14/98; 20.2.82.6 NMAC- Rn, 20 NMAC 2.82.105 06/23/00] 

20.2.82.7 DEFINITIONS: ]Reserved] 

[20.2.82.7 NMAC- Rn, 20 NMAC 2.82.107 06/23/00] 

20.2.82.8 ADOPTION OF 40 CFR PART 63: Except as otherwise provided in section 20.2.82.10 NMAC 

(below), the national emission standards for hazardous air pollutants for source categories as promulgated by the US 

EPA, 40 CFR Part 63, as amended in the Federal Register through December 31, 2010 are hereby incorporated into 

!his part (20.2.82 NMAC). 

[Rn, 20 NMAC 2.82.7, 08/14/98; A, 08/14/98, 09/08/99; 20.2.82.8 NMAC · Rn 20 NMAC 2.82.106 & A, 06/23/00; 

A, 02118/02; A, 06/13/03; A, 06/08/07; A, 08/17/09; A, 09/02/11] 

20.2.82.9 SOURCES SUBJECT TO 40 CFR 63.40 - 63.44 OF SUBPART B (Constructed and 

Reconstructed Major Sources of Hazardous Air Pollutants): The owner or operator of a source subject to ihese 

provisions, that will be constructing or reconstructing after June 29, 1999, shall not construct or reconstruct unless: 

A. the source has received a maximum achievable control technology (MACT) detennination and 

approval from !he department under !his part; and 

B. the MACT determination and approval has been incorporated into a permit under 20.2. 72 NMAC 

· Construction Permits or 20.2. 70 NMAC · Operating Pennits. 

[08/14/98; 20.2.82.9 NMAC- Rn, 20 NMAC 2.82.108 06/23/00] 

20.2.82.10 MODIFICATIONS AND EXCEPTIONS: The following modifications or exceptions are made 

to the incorporated federal standards: 

A. general provisions: Amend 40 CFR Part 63, Subpart A- General Provisions, Section 63.2, 

Definitions, as follows: For the purposes of delegation of auihority which the Administrator of the US EPA may, in 

20.2.82 NMAC 
his or her discretion, delegate to the secretary of the New Mexico environment department, "administrator" means 

the secretary or his/her authorized representative. 

B. variances: The tederal emission standards incorporated by this Part shall not be subject to NMSA 

1978, Section 74-2-8 (Variances). 

C. constructed and reconstructed major sources: The effective date for incorporation of 40 CFR 

63.40- 63.44 of Subpart B under 20.2.82.8 NMAC shall be June 29, 1999. 

[Rn, 20 NMAC 2.82.8, 08/14/98; A, 08/14/98; 20.2.82.10 NMAC- Rn, 20 NMAC 2.82.109 06/23/00] 

20.2.82.11 DOCUMENTS: Documents incorporated and cited in this part may be viewed at the New 

Mexico environment department, air quality bureau, 1301 Siler Road, Building B, Santa Fe NM, 87507. 

[08/14/98; 20.2.82.11 NMAC- Rn, 20 NMAC 2.82.110 06/23/00; A, 08/17/09] 

HISTORY OF 20.2.82 NMAC: 

Pre-NMAC History: None. 

History of Repealed Material: [RESERVED] 

Other History: 

20 NMAC 2.82, Maximum Achievable Control Technology Standards For Source Categories Of Hazardous Air 

Pollutants, effective 11/27/94. 

20 NMAC 2.82, Maximum Achievable Control Technology Standards For Source Categories Of Hazardous Air 

Pollutants (filed 10/28/94) was renumbered, reformatted, amended and replaced by 20.2.82 NMAC, Maximum 

Achievable Control Technology Standards For Source Categories Of Hazardous Air Pollutants, effective 06/23/00. 

20.2.82 NMAC 2 
( 

( 

STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER OF PROPOSED 

AMENDMENTS TO AIR QUALITY REGULATIONS 

20.2.77, 20.2.78, AND 20.2.82 NMAC No. EIB No. 11-04(R) 

ENVIRONMENTAL PROTECTION DIVISION'S 

NOTICE OF INTENT TO PRESENT TECHNICAL TESTIMONY 

Pursuant to 20.1.1.302.A NMAC, the New Mexico Environment Department (NMED) 

Environmental Protection Division ("the Division") hereby submits its Notice oflntent to present 

technical testimony in this proceeding. 

1. Person Represented By the Technical Witnesses. 

The New Mexico Environment Department, Air Quality Bureau, Environmental 

Protection Division. 

2. Name and Qualifications of Each Technical Witness. 

Adam Keasler. Mr. Keaster is an Environmental Analyst for the Control Strategies 

Section of the Air Quality Bureau. He has worked in the Air Quality Bureau since November of 

2008. Mr. Keaster. holds a Masters of Public Health (MPH) degree in Environmental Health 

Sciences from the University of Minnesota. 

Rita Bates. Rita Bates is Section Chief of the Planning Section of the Air Quality 

Bureau. She has 19 years experience in the environmental field, including over I 0 years with the 

Air Quality Bureau. In addition to her work in the Planning Section of the Air Quality Bureau, 

Ms. Bates has worked in industry as an environmental coordinator and in environmental 

NOTJCEOFJNTENT-PAGE 1 
·~~l.l, {ilh' '.'>t ~~~ .. ;;.)' 

''l:l~il'siTifink,~s a project manager. Ms. Bates holds a B.S. in Biology from Humboldt State ' ' '" 

University. 

··. 3.:~ · ·summary ~(Testimony and Anticipated Length of Testimony 

Mr. Keaster will testify in support of adoption of the revisions for the following reasons: 

The proposed revisions update the date of incorporation by reference of the following federal 

regulations: New Source Performance Standards (NSPS), National Emission Standards for 

Hazardous Air Pollutants (NESHAPs), and Maximum Achievable Control Technology (MACT) 

Standards for Source Categories of Hazardous Air Pollutants. The revised date of incorporation 

would incorporate by reference such standards promulgated or modified by the U.S. EPA via 

publication in the Federal Register between February I, 2009 and December 31,2010. The 

Division periodically petitions the Environmental Improvement Board to update the state's rules 

to incorporate these federal requirements, in order to ensure that the Division has the regulatory 

authority to implement the most recent requirements. Mr. Keaster's written testimony is 

submitted as Exhibit NMED 2. He will provide a brief summary of the testimony, which is 

anticipated to be less than I 0 minutes. 

The Division does not intend to call Ms. Bates to testify, but proposes to make her 

available to answer questions from the Board if necessary. 

4. Text of Recommended Modifications to the Proposed Regulatory Change 

The Division recommends that the Board adopt the proposed regulatory changes 

submitted in the Petition of March 18, 20 II, without any modifications. The regulatory changes· 

proposed in that petition are replicated in Exhibits NMED 3, 4, and 5, for the convenience of the 

Board. 

NOTICE OF INTENT· PAGE 2 

( 
( 

5. List and Description of Exhibits 

The Division submits the following exhibits: 

EXHIBIT NUMBER TITLE OF EXHIBIT 

NMED I Resume of Adam Keaster 

NMED2 Written Testimony of Adam Keaster 

NMED3 Proposed Amendments to 20.2.77 NMAC 

NMED4 Proposed Amendments to 20.2.78 NMAC 

NMEDS Proposed Amendments to 20.2.82 NMAC 

NMED6 List ofFR Notices under Part 77 (40 CFR 60) and 

Part 82 (40 CFR 63) 

NMED7 Narrative Summary Federal Register Notices 

Affected 

NMED8 Federal Register Notices (on CD onlv) 

NMED9a Delegation of Authority Letter (NSPS and 

NESHAP) 

c NMED9b Delegation of Authoritv Letter (MACn 

NMED lOa Public Notice (Albuquerque Journal, 

Spanish/English) 

NMED lOb Public Notice (New Mexico Register) 

NMED II Letter to Small Business Advisory Commission 

NMED 12 Proposed Statement of Reasons for Adoption of 

Rules 

A complete set of all exhibits is included on CD ROM. 

6. Reservation of Rights 

This Notice oflntent to Present Technical Testimony is based on the Division's petition. 

The Division reserves the right to call any person to testify and to present any exhibit in response 

to another notice of intent or public comment filed in this matter or to any testimony or exhibit 

offered at the public hearing. The Division also reserves the right to caii any person as a rebuttal 

witness and to present any exhibit in support thereof. 

NOTICE OF INTENT- PAGE 3 
Respectfully submitted, 

NEW MEXICO ENVIRONMENT DEPARTMENT 

~~~~ sc 

Bill Grantham 

Assistant General Counsel 

New Mexico Environment Department 

1190 St. Francis Drive, Suite N-4068 

Santa Fe, New Mexico 87505 

505.827.2824 

bill.grantham@state.nm.us 

CERTIFICATE OF SERVICE 

I hereby certify that on July J.s_, 20 II, a true and accurate copy of above-entitled pleading 

was sent by first class mail and email to the Board Attorney at the following address: 

STEPHEN A. VIGIL 

Assistant Attorney General, Civil Division 

Office of New Mexico Attorney General Gary K. King 

408 Galisteo Street 

P.O. Drawer 1508 

Santa Fe, NM 87504-1508 

(505) 827-6029 (Office) 

(505) 827-6478 (Fax) 

SVigil@nmag.gov 

~~~.:----.2. _.,.. 

Bill Grantham 

NOTICE OF INTENT- PAGE 4 

( 
STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER OF PROPOSED 

AMENDMENTS TO AIR QUALITY REGULATIONS 

20.2.77, 20.2.78, AND 20.2.82 NMAC No. EIB No. 11-04 (R) 

ORDER AND STATEMENT OF REASONS 

FOR AMENDMENT OF REGULATIONS 

This matter comes before the New Mexico Environmental Improvement Board ("Board") 

upon a petition filed by the New Mexico Environment Department ("NMED" or "Department"), 

proposing revisions to 20.2.77, 20.2.78, and 20.2.82 NMAC. The Board heard testimony from 

the Department and admitted exhibits into the record. On August 1, 2011 the Board dehberated 

and voted to adopt the proposed amendments for the reasons that follow: 

STATEMENT OF REASONS 

1. The federal Clean Air Act ("CAA'') requires the U.S. Environmental Protection Agency 

("EPA") to promulgate standards of performance for new stationary sources. CAA § 111 

(42 U.S.C. § 7411). Regulations promulgated under this authority are known as New 

Source Performance Standards ("NSPS'') and are contained in 40 C.F.R. Part 60. 

2. CAA § 11l(c) provides for delegation to states of the authority to implement and enforce 

the standard promulgated under Section 111. 42 U.S.C. § 741l(c). 

3. CAA § 112 requires the EPA to promulgate regulations governing hazardous air 

pollutants. 42 U.S.C 7412. Regulations promulgated under this section are known as 

National Emission Standards for Hazardous Air Pollutants ("NESHAP"), contained in 40 

C.F.R. Part 61; and Maximum Achievable Control Technology "(MACT'') standards for 

hazardous air pollutants, contained in 40 C.F.R. Part 63. 

Em No. 11-04 Statement of Reasons and Order 

Page 1 of3 
, ....... 

_,,., 

4. CAA § 112 (1)(1) provides for delegation to states of authority to implement and enforce 

standards promulgated under Section 112. 42 U.S.C. 7412(1) (1). 

5. In 1985, the EPA approved delegation of authority to New Mexico to implement and 

enforce the NSPS and NESHAP. 

6. In 1995, the EPA approved delegation of authority to New Mexico to implement and 

enforce the MACT standards. 

7. New Mexico incorporates the federal standards contained in 40 C.F.R Parts 60, 61, and 

63 into the New Mexico Administrative Code ("NMAC") at 20.2. 77, 2.2. 78, and 20.2.82 

NMAC, respectively. 

8. The New Mexico Environment Department ("NMED'') periodically petitions the Board 

to update the dates of incorporation of the federal standards in 20.2.77, 2.2.78, and 

20.2.82 NMAC, in order to incorporate recently promulgated revisions to the federal 

standards. 

9. Pursuant to 20.1.300.A NMAC, any person may petition the Board for amendment of 

regulations within the jurisdiction of the Board. 

10. On March 18,2011 NMED filed a petition with the Board for a public hearing in this 

matter. 

11. On April4, 2011, at a meeting conducted in compliance with the Open Meetings Act and 

other applicable requirements, the Board granted the Department's request for a hearing. 

12. On May 18, 2011, Notice of Hearing was published in the Albuquerque Journal (in 

English and Spanish). See NMED Exhibit lOa 

13. On May 31,2011, Notice of Hearing was published in the New Mexico Register. See 

NMED Exhibit lOb 

Em No. 11-04 Statement of Reasons and Order 

Page2 of3 
14. NMED filed a Notice of Intent to Present Technical Testimony (NO!} on July 15,2011, 

in accordance with 20.1.1.302 NMAC. 

15. A hearing was held in this matter on August 1, 2011 in Santa Fe, New Mexico. 

16. The Board has the authority to approve these proposed amendments pursuant to NMSA 

1978 § 74-2-5.C. 

17. The standards adopted by this regulatory change are federal standards, and therefore by 

definition are no more stringent but at least as stringent as the federal standards, in 

compliance with NMSA 1978 § 74-2-5.C (2}. 

18. The proposed amendments satisfy the statutory requirements of the Air Quality Control 

Act, NMSA 1978, Section 74-2-5.E. 

19. The notice and hearing requirements ofNMSA 1978 Section 74-2-6 and 20.1.1 NMAC 

were satisfied in this rulemaking process. 

20. The proposed amendments are adopted for any or all of the reasons stated above. 

ORDER 

By majority vote of a quorum of the Board members, the proposed regulatory revisions 

were approved by the Board on August 1, 2011. Amendments to 20.2.77, 20.2.78 and 20.2.82 

NMAC, with any appropriate corrections of typographical errors, or formatting shall be filed 

with the New Mexico State Records Center, and shall be submitted as expeditiously as possible 

1 of delegation authority. I _/ 

Dated: ----""-fS+-'- 1 1--+-~-'--'---11 -~ 

Em No. 11-04 Statement of Reasons and Order 

Page 3 of3 
Date: 6/1/2011 

Conunission of Public Records 

Administrative Law Divison 

1205 Camino Carlos Rey 

Santa Fe, NM 87507-

Phone: (505) 476-7907 

Fax: (505) 476-7910 

Ship To (If different address): 

130! Siler Rd #B 

Em -Air Quality 

130 I Siler Rd #B 

Santa Fe, NM 87507- J. Santa Fe, NM 87507-

;:::======-=------=----------~- ~- SRC Aulborlzatloa Pboae Number Date Requested Date Shipped 1--~~~~~--~-~~-c--~+ - -------- ----- - ____ B_ri~~':'_Wood ____ 1_(~0~~476~78_75-L_ 6/112011 

Shipped VIa 

__ US Post ___[__ 

iQu~~_!Y ---- ~lumn:~ch Descn~oa- -- Notice=~~;:: U~~-~~~~ .. .!~ 

I -- - - - ·-- ---------------- ..... -----~~I I For Iatemal Use OD]y Paymeat Amouat i 

! Paymeat Metbod: Purchase Order Number: 66700-0000013~29 Amouat Due 1 ___ !3~~ i Paymeat Amouat: 

'· - - -~-------·- - ------- ---

Please pay promptly to Vendor Number 0000000729 Stote Records Center and Archives ___ ______ Com!"i.ssion of Public ~!:~or~-_ 

Form SRC-2002-03- Revised September 2006 
New Mexico Commission of Public Records 

Administrative Law Division 

1205 Camino Carlos Rey 

Santa Fe, NM 87507 

505-476-7907 

Affidavit of Publication in the New Mexico RP.!Pi .... tP.r 

I, John Martinez , certify that the agency noted below has published legal notices or rules in 

the New Mexico Register, and that payment has been assessed by invoice for said legal notice 

or publication, which appeared on the date and in the volwne and issue nwnber noted below. 

Date of PubUcadon: 5/31120 II Agency: 

Volume: XXll Issue#: 10 EIB -Air Quality 

Contact: Adam Keastcr 

1301 Siler Rd #B 

Invoice#: NMR-2011- 262 

Amount: $38.00 

Descrlpdon: 

Notice 

(seal) 

Santa Fe, NM 87507-

Notice of Public Hearing 

State of New Mexico, County of Santa Fe 

Signed and afftrmed before me on Wednesday, June OJ, 2011 

by John Martinez . 

Notary Public: i£~v~R . _\;;\ )4] __ _ Bridgett Wood [My commissi expires: ·L r 13 ] 

Publisher, 

Affiant: M #k 

Mexico Register 

i/ ~ ~ 6/1/2011 

-Copies of the published material documented in this affidavit are enclosedFonn SRC-2002-04 Revised July 2007 
338 New Mexico Register I Volume XXII, Number 10 I May 31, 2011 

are available from the Department's Energy 

Conservation and Management Division 

("ECMD''), 1220 South Saint Francis Drive, 

Santa Fe, NM 87505, on ECMD's website, 

http://www.cleanenergynm.org, or by 

contacting Colin Messer at 505-476-3311 or 

colinj.messer@state.nm.us. 

All interested persons may participate in the 

hearing and will be given an opportunity to 

submit relevant evidence, data, views and 

arguments·- orally or in writing. 

A person who wishes to submit a written 

statement, in lieu of providing oral 

testimony at the hearing, shall submit the 

written statement prior to the hearing to the 

address above or submit it at the hearing. 

No statements will be accepted after the 

conclusion of the hearing. 

If you are an individual with a disability 

who is in need of a reader, amplifier, 

qualified sign 1anguage interpreter or any 

other fonn of auxiliary aid or service to 

attend or participate in the hearing, please 

contact Colin Messer at least one week 

prior to the hearing or as soon as JXISSible. 

Public documents can be provided in various 

accessible formats. Please contact Colin 

Messer at 476-3314, through Relay New 

Mexico at 1-800-489-8536 Voice/ 1TY, if a 

summary or other type of accessible format 

is needed. 

NEW MEXICO 

ENVIRONMENTAL 

IMPROVEMENT BOARD 

NEW MEXICO ENVIRONMENTAL 

IMPROVEMENT BOARD 

NOTICE OF PUBLIC MEETING AND 

RULEMAKING HEARING 

The New Mexico Environmental 

Improvement Board ("Board'') will hold 

a public hearing on August I, 20 II at 

9:00 am. at the State Capitol Building, 

Room 317, 490 Old Santa Fe Trail, Santa 

Fe NM 87501. The purpose of the hearing 

is to consider the matter of EIB 11-04 (R) 

proposed revisions to Air Quality Control 

Regulations 20.2.77 NMAC (New Source 

Perfonnance Standards), 20.2. 78 NMAC 

(Emission Standards for Hazardous Air 

Pollutants) and 10.2.82 NMAC (Maximum 

Achievable Control Technology Standards 

for Source Categories of Hazardous Air 

Pollutants). 

The proponent of this regulatory adoption 

and revision is the New Mexico Environment 

Department ("NMED''). 

NMED proposes to revise 20.2. 77 NMAC 

to incorporate by reference federal New 

Source Performance Standards, 20.2.78 

NMAC to incorporate by reference federal 

National Emission Standards for Hazardous 

Air Pollutants, and 20.2.82 NMAC to 

incorporate by reference federal Maximum 

Achievable Control Technology Standards 

for Source Categories. 

The proposed revised regulations may be 

reviewed during regular business hours at 

the NMED Air Quality Bureau office, 130 I 

Siler Rd. building B, Santa Fe, New Mexico 

87507. Full text of NMED's proposed 

revised regulaJ.ions are available on NMED's 

web site at www.nmenv.state.nm.us, or by 

contacting Adam Keaster at (505) 476-5559 

or adam.keaster@state.nm.us. 

The hearing will be conducted in accordance 

with 20.1.1 NMAC (Rulemaking Procedures 

- Environmental Improvement Board), the 

Environmental Improvement Act, Section 

74-1-9 NMSA 1978, the Air Quality Control 

Act Section, 74-2-6 NMSA 1978, and other 

applicable procedures. 

All interested persons will be given 

reasonable opportunity at the hearing to 

submit relevant evidence, data, views and 

arguments, orally or in writing, to introduce 

exhibits, and to examine witnesses. Persons 

wishing to present technical testimony must 

file with the Board a written notice of intent 

to do so. The notice of intent shall: 

(I) identify the person for whom the 

witness(es) will testify; 

(2) identify each technical witness that 

the person intends to present and state the 

qualifications of the witness, including a 

description of their education and work 

background; 

(3) swnmarize or include a copy of the direct 

testimony of each technical witness and state 

the anticipated duration of the testimony of 

that witness; 

(4) list and describe, or attach, each exhibit 

anticipated to be offered by that person at the 

hearing; and 

(5) attach the text of any recommended 

modifications to the proposed new and 

revised regulations. 

Notices of intent for the hearing must be 

received in the Office of the Board no later 

than 5:00pm on July 15,2011, and should 

reference the docket number, EIB 11-04 (R), 

and the date of the hearing. Notices of intent 

to present technical testimony should be 

submitted to: 

Felicia Orth, Acting Board Administrator 

Office of the Environmental Improvement 

Board 

Harold Runnels Building 

1190 St. Francis Dr .• Room 3056-N 

Santa Fe, NM 87502 

Phone: (505) 827-0339, Fax (505) 827-2836 

Any member of the general public may 

testify at the hearing. No prior notification 

is required to present non-technical 

testimony at the hearing. Any such member 

may also offer exhibits in connection with 

his testimony, so long as the exhibit is not 

unduly repetitious of the testimony. 

A member of the general public who wishes 

to submit a written statement for the record, 

in lieu of providing oral testimony at the 

hearing, shall file the written statement prior 

to the hearing, or submit it at the hearing. 

Persons having a disability and needing help 

in being a part of this hearing process should 

contact Judy Bentley by July 15, 2011 at 

the NMED, Human Resources Bureau, P.O. 

Box 26110, 1190 St. Francis Drive, Santa 

Fe, New Mexico, 87502, telephone 505-

827-9872. TDY users please access her 

number via the New Mexico Relay Network 

at I-80CHi59-8331. 

The Board may make a decision on 

the proposed revised regulations at the 

conclusion of the hearing, or the Board 

may convene a meeting after the hearing to 

consider action on the proposal. 

NEW MEXICO 

ENVIRONMENTAL 

IMPROVEMENT BOARD 

NEW MEXICO ENVIRONMENTAL 

IMPROVEMENT BOARD 

NOTICE OF PUBLIC HEARING 

TO CONSIDER PROPOSED 

AMENDMENTS TO 10.7.11 NMAC 

(LIQUID WASTE TREATMENT AND 

DISPOSAL FEES). 

The New Mexico Environmental 

Improvement Board (Board) will hold a 

public hearing beginning at 9:00 am. on 

August I, 2011, and continuing thereafter as 

necessary at the New Mexico State Capitol 

Building, Room 317, 490 Old Santa Fe 

Trail, Santa Fe, New Mexico. The hearing 

localion may change prior to August I, and 

those interested in attending should check 

the EIB website: http://www.nmenv.state. 

nm.uslootsleib.htm prior to the hearing. 

The purpose of the hearing is to consider 

proposed amendments to Liquid Waste 

Treatment and Disposal Fee Rules, 20.7.11 

NMAC. Mr. Link Summers is the proponent 

of the amendments to the rules in EIB 

Docket Number II-08(R). The amendments 

proposed by Mr. Summers would add 

additional requirements to the current 

regulation which requires the New Mexico 
New Mexico Register I Volume XXII, Number 10 I May 31, 2011 339 

Environment Department ("NMED'~ to 

provide a biannual report for New Mexico. 

The additional requirements would require 

the Department to include the following 

information from appropriate authorities in 

the contiguous states of Texas, Oklahoma, 

Colorado, Utah, and Arizona: 

I) Types of permits issued 

and the amount of the fee for each 

2) Services rendered that 

are included in the fees including: 

(a) Reports issued to other 

units of Government including Legislatures 

which indicate the success or failure of the 

program to complete its mission 

(b) Licenses, certification, 

or training required for employment in the 

program- including inspectors. 

(c) Continuing education 

and additional training requirements for 

employees of the program - including 

inspectors 

(d) Itemization of costs 

for the different types of permits, both 

completed and rejected, including appeals. 

(e) Whether inspections are 

performed, how many and what procedures 

they include and what percentage of total 

pennits are inspected 

(f) Costs to implement the 

program 

(g) Costs to administer the 

program 

(h) Sources of funding for 

the program 

The proposed amendments would also 

require scheduled on-site inspections of 

in state septic tank manufacturers by a 

Department engineer at least once per year. 

In addition, amendments are proposed to the 

definition of "modify" and other sections of 

the rule. 

The proposed changes may be reviewed 

during regular business hours at the office 

of the Environmental Improvement Board 

located in the Harold Runnels Building, 

1190 St. Francis Drive, Room N-2153 

Santa Fe, NM, 87505. In addition, the 

proposed amendments are on the NMED 

website at http://www nmeny state.nm.us{ 

fod/LjqujdWaste/ . In addition, the Board 

may consider and make other changes as 

necessary to accomplish the purpose of the 

rule in response to public conunents and 

evidence presented at the hearing. 

Written conunents regarding the proposed 

revisions may be addressed to Ms. Felicia 

Orth at the above address, and should 

reference docket number EIB 11-08(R). 

The hearing will be conducted in accordance 

with 20.1.1 NMAC (Rulernaking 

Procedures) Environmental Improvement 

Board. the Environmental Improvement 

Act, Section 74-1-9 NMSA 1978, and other 

applicable procedures. 

All interested persons will be given 

reasonable opportunity at the hearing to 

submit relevant evidence, data, views and 

arguments, orally or in writing, to introduce 

exhibits, and to examine witnesses. Any 

person who wishes to submit a non-technical 

written statement for the record in lieu of 

oral testimony must file such statement prior 

to the close of the hearing. 

Persons wishing to present technical 

testimony must tile with the Board a written 

notice of intent to do so on or before 5:00pm 

on July 15, 2011. The notice of intent shall: 

- identify the person or entity for whom the 

witness(es) will testify; 

- identify each technical witness that the 

person intends to present and state the 

qualifications of the witness, including a 

description of his or her education and work 

background; 

- summarize or include a copy of the direct 

testimony of each technical witness and state 

the anticipated duration of the testimony of 

that witness; 

- list and describe, or attach, each exhibit 

anticipated to be offered by that person at the 

hearing, including any proposed statement 

of reasons for adoption of the rules; and, 

- attach the text of any recommended 

modifications to the proposed changes. 

Notices of intent for the hearing must be 

received in the Office of the Environmental 

Improvement Board not later than 5:00 pm 

on July 15, and should reference the name 

of the regulation, the date of the hearing, and 

docket number EIB 11-08 (R). Notices of 

intent to present technical testimony should 

be submitted to: 

Felicia Orth, Acting Administrator 

Office of the Environmental Improvement 

Board 

Harold Runnels Building 

1190 St. Francis Dr., Room N-2153 

Santa Fe, NM 87502 

If you are an individual with a disability and 

you require assistance or an auxiHary aid, 

e.g. sign language interpreter, to participate 

in any aspect of this process, please contact 

the Personnel Services Bureau by august 15, 

2011. The Personnel Services Bureau can 

be reached at the New Mexico Environment 

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

Box 5469, Santa Fe, NM 87502-5469, (505) 

827-9872. TDD or TDY users may ac~ess 

this number via the New Mexico Relay 

Network (Albuquerque TDD users: (505) 

275-7333; outside of Albuquerque: 1-800-

659-1779.) 

The Board mav make a decision on the 

proposed regulatory change at the conclusion 

of the hearing, or the Board may convene a 

meeting after the hearing to consider action 

on the proposal. 

NEW MEXICO GAME 

COMMISSION 

STATE GAME COMMISSION PUBLIC 

MEETING 

AND RULE MAKING NOTICE 

On Thursday, June 9, 2011, beginning at 

9:00 am., at the New Me:r.ico Fann & 

Ranch Heritage Museum - Tortugas 

Room, 4100 Dripping Springs Road, 

Las Cruces, NM 88011, the State Game 

Conunission will meet in Public Session 

to hear and consider action as appropriate 

on the following: Revocations; Revision 

of Commission Policy Regarding Rule 

Development; Review of Habitat Stamp 

Program ("Sikes Acn and Establishment of 

Guidelines for FY '13 Budget Preparation; 

State Land Easement for Hunting, Fishing, 

and Trapping Proposal for July, 20 II 

through June, 2012; Update on Department 

Involvement in the Mexican Wolf ReIntroduction Program; Management of the 

Artesia/Karr Farm and 7 Rivers/Brantley 

Wildlife Management Areas; Fiscal Year 

2013 Budget Request Develop men~ Open 

Gate Program Review and Approval of 

FY 2012 Fee Schedule; General Public 

Comments (Comments limited to 3 Minutes); 

Closed Executive Session; and Update on H 

Bar V Conservation Easement Purchase. 

The following rules are available for public 

conunent and discussion by the Commission: 

• Proposed Amendments to the 

Hunting and Fishing Application Rule, 

19.31.3, NMAC; and 

• Proposed Amendments to the 

Falconry Rule, 19.35.1, NMAC. 

A copy of the agenda and any of the affected 

rules can be obtained from the Office of 

the Director, New Mexico Departtnent of 

Game and Fish, P.O. Box 25112, Santa Fe, 

New Mexico 87504 or on the Department's 

website. This agenda is subject to change 

up to 24 hours prior to the meeting. Please 

contact the Director's Office at (505) 476-

8008, or the Department's website at :t1:Jf:!£. 

wildlife. state nm.us for updated information. 

If you are an individual with a disability who 

is in need of a reader, amplifier, qualified 

sign language interpreter, or any other 

form of auxiliary aid or service to attend 

or participate in the hearing or meeting, 

please contact Sonya Quintana at (505) 476-

8027. Please contact Ms. Quintana at least 
STATE OF NEW MEXICO 

County of BernaJWo SS 

Linda MacEachen, being duly sworn, declares and says that she is Classifted 

Advertising Manager ofTbe Albuquerque Jonrlllll, and that this newspaper is 

duly quallfled to publish legal notices or advertisements within the meaning 

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

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

hereto attached, was published In said paper In the regular daily edition, for 

_I_ times, theftrstpubllcatlonbelngon the li__c!ay of /1o..y , 20f..L.. 

and the subsequent consecutive publications on --:?o;--------

\u~~Sl&~ 

CLA·22·A (R-1/93) 

Sworn and subscribed before me, a Notary Public, In and 

for the Count¥>of Bernalillo and State of New Mexico this 

.Jj__ day of flaw of 2o.lL. 

I 

PRICEB 2..2')' 1'1 

Statement to come at end of month. 

Education: 

NMED Exhibit 1 

Resume of Adam Keaster 

Environmental Analyst 

New Mexico Environment Department 

Air Quality Bureau 

• Masters in Public Health, Environmental Health Sciences, University of Minnesota 

- School of Public Health, 2006-2008. 

• B.A., Anthropology and Biology, University of Montana. 1999-2005. 

Employment: 

• Environmental Health and Safety Specialist, University of Minnesota. 2008. 

* Anesthetic gas air monitoring. 

* Toxicology research. 

* Analysis and synthesis of data. 

* Generation of reports for and collaboration with Principle 

Investigators/Laboratories. 

• Teaching Assistant-Lead, University of Minnesota. 2007-2008. 

* Issues in Environmental and Occupational Health course. 

* Management of coursework for 60 students per semester. 

* Field questions, provide discussion topics and feedback. 

* Critical evaluation of written assignments. 

* Database development and maintenance. 

* Future course development. 

• Technical Services Lab Inspector, Metropolitan Mosquito Control District, St. Paul. 

Minnesota. 2007. 

* Entomological morphology-based taxonomy and identification. 

*West Nile virus sample collection from bird specimens. 

* Laboratory West Nile virus test procedures. 

* Disease-vector species research and sampling efficacy. 

• Forestry Technician, US Forest Service, Montana. 2001-2006. 

* Collection of field samples, fuel model calculations. 

* Lead firefighter during fire season. 

* Coordinating between adjacent districts on fuels reduction projects. 

* Bark-beetle mitigation project. 
* GPS/GIS instruction and training. 

* Wildlife biology assistance with various projects. 

* Teaching and training fire safety/suppression. 
IN THE MATTER OF PROPOSED 

AMENDMENTS TO AIR QUALITY REGULATIONS 

20.2.77, 20.2.78, AND 20.2.82 NMAC 

Proposed Revisions 

Written Testimony of Adam Keaster 

Environmental Analyst 

New Mexico Environment Department 

Air Quality Bureau 

No. EIB 11-04 (R) 

I The Air Quality Bureau proposes amendments to the Air Quality Regulations at 20.2.77 

2 NMAC- New Source Peiformance Standards ("NSPS"), 20.2.78 NMAC- National 

3 Emission Standards for Hazardous Air Pollutants ("NESHAP"), and 20.2.82 NMAC4 Maximum Achievable Control Technology Standards for Source Categories of 

5 Hazardous Air Pollutants ("MACT"). Copies of the proposed amendments are included 

6 as Exhibits NMED 3, 4, and 5. 

7 

8 Adoption of performance and emissions standards is authorized by the Air Quality 

9 Control Act (AQCA), which provides at 1978 NMSA § 74-2-5.C: 

10 

II Regulations adopted by the environmental improvement board or the local board 

12 may: 

13 (2) prescribe standards of performance for sources and emission standards for 

14 hazardous air pollutants that, except as provided in this subsection: 

15 (a) shall be no more stringent than but at least as stringent as required by federal 

16 standards of performance; and 

17 (b) shall be applicable only to sources subject to such federal standards of 

18 performance; 

19 

20 Incorporation by reference of the federal standards is the best way to ensure that New 

21 Mexico's standards comply with all provisions of§ 74-2-5.C. The proposed amendments 

22 to Parts 77, 78, and 82 would include NSPS, NESHAP, and MACT rules published in the 

23 Federal Register from February I, 2009 to December 31, 2010. A list of relevant Federal 

24 Register notices is included as Exhibit NMED 6 

25 

26 Effect of Incorporation. 

27 

28 Under the federal Clean Air Act ("CAA''), authority to implement and enforce the NSPS, 

29 NESHAP, and MACT standards may be delegated to states. The EPA, however, retains 

30 the authority to enforce the standards directly. See CAA § lll(c) and§ 112(1)(7). New 

31 Mexico has sought and obtained implementation authority. The EPA initially delegated 

32 authority to New Mexico for both NSPS and NESHAP programs on March 15, 1985 in a 

33 letter to the governor (Exhibit NMED 9a). New Mexico was granted authority to 
I implement and enforce the Maximum Achievable Control Technology (MACT) 

2 Standards for Source Categories of Hazardous Air Pollutants by the EPA on July 27, 

3 1995 (Exhibit NMED 9b ). The Department periodically requests that the Board update 

4 the date of incorporation in the New Mexico Administrative Code in order to include new 

5 rules and amendments made to the federal regulations. 

6 

7 Implementation of the standards by the Department is more efficient and effective than 

8 reliance on federal implementation. Department personnel routinely inspect affected 

9 sources to determine compliance, and Department permit writers develop permit 

I 0 conditions for new and modified sources. Therefore, the Department is well positioned 

II to determine which standards are applicable to sources and to determine source 

12 compliance. While EPA retains oversight authority through the Region 6 offices in 

13 Dallas, EPA does not have the staff and resources to perform day-to-day implementation. 

14 Generally, both the EPA and the regulated community prefer that the Department 

15 implement and enforce the air quality regulations. 

16 

17 Public Outreach 

18 

19 Outreach was conducted for all three regulations in the form of public notices published 

20 in both the Albuquerque Journal and the New Mexico Register in both English and 

21 Spanish (Exhibit NMED lOa and lOb). NMED received no comments from the public 

22 notices. NMED has also offered to host an open house based on public inquiries received 

23 by the department by July 18, 20 II. At the time of this filing, NMED has received zero 

24 inquiries regarding the open house. Additionally, the New Mexico Environment 

25 Department-Small Business Environmental Assistance Program provides ongoing 

26 technical assistance for small businesses regarding new and existing environmental 

27 regulatory requirements. 

28 

29 Proposed Changes to Part 77 (Exhibit NMED 3) 

30 

31 The EIB first adopted New Source Performance Standards (NSPS) by reference in 1984. 

32 These federal standards are contained within Title 40 of the Code of Federal Regulations 

33 Part 60 (40 CFR Part 60). The Department is proposing that 20.2.77 NMAC be amended 

34 to incorporate by reference the federal requirements pertaining to NSPS promulgated by 

35 the EPA from February I, 2009 to December 31,2010. There are ten (10) NSPS 

36 changes during this time period for proposed incorporation. 

37 

38 Proposed Changes to Part 78 (Exhibit NMED 4) 

39 

40 The EIB first adopted National Emission Standards for Hazardous Air Pollutants by 

41 reference in 1984. These federal standards are contained within Title 40 of the Code of 

42 Federal Regulations Part 61 (40 CFR Part 61). The Department is proposing that 20.2.78 

43 NMAC be amended to incorporate by reference the federal requirements pertaining to 

44 NESHAP promulgated by the EPA from February I, 2009 to December 31, 20 I 0. There 

45 are no NESHAP changes during this time period for proposed incorporation. Changes to 

46 Part 78 are to maintain scheduling consistency with Part 77 and Part 82. 

Exhibit NMED 2 - Written Testimony- page 2 
1 

2 

/ 

3 Proposed Changes to Part 82 (Exhibit NMED 5) 

4 

5 The EIB first adopted Maximum Achievable Control Technology Standards for Source 

6 Categories of Hazardous Air Pollutants by reference in 1994. These federal standards are 

7 contained within Title Forty of the Code of Federal Regulations Part 63 (40 CFR Part 

8 63). The Department is proposing that 20.2.82 NMAC be amended to incorporate by 

9 reference the federal requirements pertaining to MACT standards promulgated by the 

10 EPA from February 1, 2009 to December 31,2010. There are twenty-one (21) MACT 

11 changes during this time period for proposed incorporation. 

12 

13 Federal Register Notices for Revisions to 40 CFR Part 60 and 63 (Exhibits NMED 6 

14 -8) 

15 

16 The Federal Register Notices are formal announcements of new or revised regulations, 

17 including New Source Performance Standards and Maximum Achievable Control 

18 Technology Standards for Source Categories of Hazardous Air Pollutants. A list of such 

19 notices is attached as Exhibit NMED 6. Exhibit 6 is subdivided, with each portion of the 

20 exhibit being named with the numeral 6 followed by the relevant Part or Parts of 40 

21 C.F.R (i.e., 60 or 63 or both), followed by a letter to identity the particular revision. For 

22 example, 6-60-63a, 6-63d, etc. Brief narrative descriptions of each notice, as described 

23 by the EPA, are included in Exhibit NMED 7, using the same exhibit numbers. The full 

24 text Federal Register Notices are included on the CD only as Exhibit NMED 8. File 

25 names correspond to the exhibit number. 

26 

27 Effect on Small Business 

28 

29 Pursuant to the Small Business Regulatory Relief Act, 1978 NMSA § 14-4A-l, et seq, 

30 the Bureau has determined that the regulatory changes proposed in this action will not 

31 have an adverse effect on small business. This determination is based on the fact that the 

32 proposed amendment will not impose additional substantive requirements on facilities, 

33 but will simply retain implementation authority with the State of New Mexico rather than 

34 the U.S. EPA. Nonetheless, the Department provided the Small Business Regulatory 

35 Advisory Commission with notice of this hearing, via the letter attached as NMED 

36 Exhibit 11. 

37 

38 

Exhibit NMED 2 - Written Testimony- page 3 
TITLE 20 

CHAPTER2 

PART77 

ENVIRONMENTAL PROTECTION 

AIR QUALITY (STATEWIDE) 

NEWSOURCEPERFORMANCESTANDARDS 

20.2.77.1 ISSUING AGENCY: New Mexico Environmental Improvement Board. 

[06/16/95; 20.2.77.1 NMAC 0 Rn, 20 NMAC 2.77.100 06/23/00] 

20.2.77.2 SCOPE: Any stationary source constructing or modifying and which is subject to the 

requirements of 40 CFR Part 60, as amended through [J~>IM~ory 31, 2009] December 31. 20 I 0. 

[06/16/95, 11°19°97, 9°8°99; 20.2.77.2 NMAC 0 Rn 20 NMAC 2.77.101 & A, 06/23/00; A, 02/18/02; A, 06/13/03; 

A, 06/15/07; A, 08/17/09; A, xx/xx/xx] 

20.2.77.3 STATUTORY AUTHORITY: The environmental improvement board "shall promulgate 

regulations and standards in ... air quality management" (NMSA 1978, Section 74oJo8.A) and "regulations adopted 

by the environmental improvement board ... shall ... ensure that regulations and standards under ... the federal act will 

not be violated." (NMSA 1978, Section 74°2°7.8). 

[06/16/95; 20.2.77.3 NMAC 0 Rn, 20 NMAC 2.77.102 06/23/00] 

20.2.77.4 DURATION: Permanent. 

[06/16/95; 20.2.77.4 NMAC 0 Rn, 20 NMAC 2.77.103 06/23/00] 

20.2.77.5 EFFECTIVE DATE: June 16, 1995, except where a later date is cited at the end of a section or 

paragraph. 

[06/16/95, 08/02/96; 20.2.77.5 NMAC 0 Rn, 20 NMAC 2.77.104 6/23/00] 

[The latest effective date of any section in this part is August 17, 2009] 

20.2.77.6 OBJECTIVE: The objective of Part 77 of Chapter 2 is to adopt or establish state authority to 

implement new source performance standards for stationary sources in New Mexico subject to 40 CFR Part 60. 

[06/16/95; 20.2.77.6 NMAC 0 Rn, 20 NMAC 2.77.105 06/23/00] 

20.2.77.7 DEFINITIONS: [RESERVED] 

[20.2.77.7 NMAC 0 N, 06/23/00] 

20.2.77.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This part amends and 

supersedes Air Quality Control Regulation (AQCR) 750, last filed on April!O, 1994. All references to AQCR 750 

in any other rule shall be understood as a reference to this part. 

[06/16/95; 20.2.77.8 NMAC 0 Rn, 20 NMAC 2.77.106 06/23/00] 

20.2.77.9 ADOPTION OF 40 CFR PART 60: Except as otherwise provided, the new source performance 

standards as promulgated by the United States environmental protection agency, 40 CFR Part 60, as amended in the 

Federal Register through [JIHlliory 31, 2009] December 31.2010 are hereby incorporated into this part [20.2.77 

NMAC]. 

[06/16/95, 08/02/96, 11119/97, 09/08/99; 20.2.77.9 NMAC 0 Rn 20 NMAC 2.77.107 & A, 06/02/00; A, 02/18/02; A, 

06/13/03; A, 06/15/07; A, 08/17/09; A, xxlxx/xx] 

20.2.77.10 MODIFICATIONS AND EXCEPTIONS: The following modifications or exceptions are made 

to the incorporated federal standards. 

A. Amend 40 CFR Part 60, Section 60.2, Definitions, as follows: For the purposes of delegation of 

authority which the administrator of the United States environmental protection agency may, in his discretion, 

delegate to the secretary of the New Mexico environment department, "administrator" means the secretary of the 

department or his authorized representative. 

B. Exclude 40 CFR 0 Part 60, Subpart AAA 0 Standards of Performance for New Residential Wood 

Heaters. 

C. The federal standards of performanee incorporated by this regulation shall not be subject to 

NMSA 1978, Section 74°2°8 (Variances). 

20.2.77 NMAC 
D. Exclude 40 CFR Part 60, Subpart HHHH, Emission Guidelines and Compliance Times for CoalFired Electric Steam Generating Units. 

[06/16/95; 20.2.77.10 NMAC. Rn, 20 NMAC 2.77.108 06/23/00; A, 06/15/07] 

20.2.77.11 DOCUMENTS: Documents incorporated and cited in this Part may be viewed at the New 

Mexico environment department, air quality bureau, 1301 Siler Road, Building B, Santa Fe NM, 87507. 

[06/16/95; 20.2.77.11 NMAC. Rn, 20NMAC 2.77.109 06/23/00; A, 08/17/09] 

HISTORY OF 20.2.77 NMAC: 

Pre-NMAC History: The material in this part was derived from that previously filed with the Commission of 

Public Records-State Records Center and Archives. 

EIB/AQCR 750, Air Quality Control Regulation 750 ·New Source Performance Standards, 07/24/84. 

EIB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 08/18/87. 

ElB/AQCR 750, Air Quality Control Regulation 750 ·New Source Performance Standards, 07/07/88. 

ElB/AQCR 750, Air Quality Control Regulation 750 ·New Source Performance Standards, 04/27/89. 

ElB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 05/29/90. 

ElB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 04/22/91. 

ElB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 04/14/92. 

ElB/AQCR 750, Air Quality Control Regulation 750- New Source Performance Standards, 04/21193. 

ElB/AQCR 750, Air Quality Control Regulation 750 ·New Source Performance Standards, 04/12/94. 

History of Repealed Material: [RESERVED] 

Other History: 

ElB/AQCR 750, Air Quality Control Regulation 750 ·New Source Performance Standards, filed 04/12/94 was 

renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.77, New Source 

Performance Standards, filed 05117/95. 

20 NMAC 2.77, New Source Performance Standards, filed 05/17/95, was renumbered, reformatted, amended 

and replaced by 20.2.77 NMAC, New Source Performance Standards, effective 06/23/00. 

20.2.77 NMAC 2 
TITLE 20 

CHAPTER2 

PART78 

ENVIRONMENTAL PROTECTION 

AIR QUALITY (STATEWIDE) 

EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 

20.2.78.1 ISSUING AGENCY: New Mexico Environmental Improvement Board. 

[06/16/95; 20.2.78.1 NMAC- Rn, 20 NMAC 2.78.100 06/23/00] 

20.2.78.2 SCOPE: All sources emitting hazardous air pollutants which are subject to the requirements of 

40 CFR Part 61, as amended through [JI>RHIH')' 31, 2QQ9] December 31, 201 0. 

[06/16/95, 11/19/97, 09/08/99; 20.2.78.2 NMAC- Rn 20 NMAC 2.78.101 & A, 06/23/00; A, 02/18/02; A, 06/08/07; 

A, 08/17/09; A, xx/xxlxx] 

20.2.78.3 STATUTORY AUTHORITY: The environmental improvement board "shall promulgate 

regulations and standards in ... air quality management" (NMSA 1978, Section 74-1-8.A) and "regulations adopted 

by the environmental improvement board ... may ... prcscribe standards of performance for sources and emissions 

standards for hazardous air pollutants ... " (NMSA 1978, Section 74-2-5.C). 

[06/16/95; 20.2.78.3 NMAC- Rn, 20 NMAC 2.78.102 06/23/00] 

20.2.78.4 DURATION: Permanent. 

[06/16/95; 20.2.78.4 NMAC- Rn, 20 NMAC 2.78.103 06/23/00] 

20.2.78.5 EFFECTIVE DATE: June 16, 1995, except where a later date is cited at the end of a section or 

paragraph. 

[06/16/95, 08/02/96; 20.2.78.5 NMAC- Rn, 20 NMAC 2.78.104 06/23/00] 

[The latest effective date of any section in this part is August 17, 2009] 

20.2.78.6 OBJECTIVE: The objective of Part 78 of Chapter 2 is to adopt or establish state authority to 

implement emission standards for hazardous air pollutants in New Mexico subject to 40 CFR Part 61. 

[06/16/95; 20.2.78.6 NMAC- Rn, 20 NMAC 2.78.105 06/23/00] 

20.2.78.7 DEFINITIONS: [RESERVED[ 

[20.2.78.7 NMAC- N, 06/23/00] 

20.2.78.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This part amends and 

supersedes Air Quality Control Regulation (AQCR) 751, last filed on April 10, 1994. All references to AQCR 751 

in any other rule shall be understood as a reference to this part. 

[06/16/95; 20.2.78.8 NMAC- Rn, 20 NMAC 2.78.106 06/23/00] 

20.2.78.9 ADOPTION OF 40 CFR PART 61: Except as otherwise provided, the national emission 

standards for hazardous air pollutants as promulgated by the United States environmental protection agency, 40 CFR 

Part 61, as amended in the Federal Register through [JanHIH')' 31, 2QQ9] December 31, 2010 are hereby incorporated 

into this part [20.2.78 NMAC]. 

[06/16/95, 08/02/96, 11/19/97, 09/08/99; 20.2.78.9 NMAC- Rn 20 NMAC 2.78.107 & A, 06/23/00; A, 02/18/02; A, 

06/08/07; A, 08/17/09; A, xx/xxlxx] 

20.2.78.10 MODIFICATIONS AND EXCEPTIONS: The following modifications or exceptions are made 

to the incorporated federal standards: 

A. amend 40 CFR Part 61, Section 61.02, Defmitions, as follows: For the purposes of delegation of 

authority which the Administrator of the United States environmental protection agency may, in his discretion, 

delegate to the secretary of the New Mexico environment department, .. administrator" means the secretary or his 

authorized representative. 

B. exclude 40 CFR Part 61, Subparts B (National Emission Standards for Radon Emissions from 

Underground Uranium Mines), H (National Emission Standards for Emissions ofRadionuclides Other Than Radon 

from Department of Energy Facilities), I (National Emission Standards for Radionuclide Emissions from Facilities 

Licensed by the NRC and Federal Facilities not covered by Subpart H), K (National Emission Standard for 

Radionuclide Emissions from Elemental Phosphorus Plants), Q (National Emission Standards for Radon Emissions 

20.2.78 NMAC 
from Department of Energy Facilities), R (National Emission Standards for Radon Emissions from Phosphogypsum 

Stacks), T (National Emission Standards for Radon Emissions from the Disposal of Uranium Mill Tailings), and W 

(National Emission Standards for Radon Emissions from Operating Mill Tailings). 

C. the federal emission standards incorporated by this regulation shall not be subject to NMSA 1978, 

Section 74-2-8 [Variances] 

[06/16/95; 20.2.78.9 NMAC- Rn, 20 NMAC 2.78.108 06/23/00] 

20.2.78.11 DOCUMENTS: Documents incorporated and cited in this part may be viewed at the New 

Mexico environment department, air quality bureau, 1301 Siler Road, Building B, Santa Fe NM, 87507. 

[06/16/95; 20.2.78.11 NMAC- Rn, 20 NMAC 2.78.109 06/23/00; A, 08/17/09] 

HISTORY OF 20.2.78 NMAC: 

Pre-NMAC History: The material in this part was derived from that previously filed with the commission of 

public records-state records center and archives. 

ElB/AQCR 751, Air Quality Control Regulation 751- Emission Standards For Hazardous Air Pollutants, filed 

07/24/84. 

EJB/AQCR 751, Air Quality Control Regulation 751- Emission Standards For Hazardous Air Pollutants, filed 

08/18/87. 

ElB/AQCR 751, Air Quality Control Regulation 751 -Emission Standards For Hazardous Air Pollutants, filed 

07/07/88. 

EIB/AQCR 751, Air Quality Control Regulation 751- Emission Standards For Hazardous Air Pollutants, filed 

04/27/89. 

EIB/AQCR 751, Air Quality Control Regulation 751- Emission Standards For Hazardous Air Pollutants, filed 

05/29/90. 

ElB/AQCR 751, Air Quality Control Regulation 751 -Emission Standards For Hazardous Air Pollutants, filed 

04/22/91. 

ElB/AQCR 751, Air Quality Control Regulation 751- Emission Standards For Hazardous Air Pollutants, filed 

04/14/92. 

ElB/ AQCR 751, Air Quality Control Regulation 751 - Emission Standards For Hazardous Air Pollutants, filed 

04/21/93. 

EIB/AQCR 751, Air Quality Control Regulation 751 -Emission Standards For Hazardous Air Pollutants, filed 

04/12/94. 

History of Repealed Material: [RESERVED] 

Other History: 

EIB/AQCR 751, Air Quality Control Regulation 751 -Emission Standards For Hazardous Air Pollutants (filed 

04/12/94) was renumbered into first version of the New Mexico Administrative Code as 20 NMAC 2.78, Emission 

Standards For Hazardous Air Pollutants, etfeetive 06/16/95. 

20 NMAC 2.78, Emission Standards For Hazardous Air Pollutants (filed 05/17/95), was renumbered, reformatted, 

amended and replaced by 20.2.78 NMAC, Emission Standards For Hazardous Air Pollutants, effective 06/23/00. 

20.2.78 NMAC 2 
TITLE 20 

CHAPTER2 

PART82 

ENVIRONMENTAL PROTECTION 

AIR QUALITY (STATEWIDE) 

MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY STANDARDS FOR SOURCE 

CATEGORIES OF HAZARDOUS AIR POLLUTANTS 

20.2.82.1 ISSUING AGENCY: New Mexico Environmental Improvement Board. 

[Rn, 20 NMAC 2.82.1, 08/14/98; 20.2.82.1 NMAC- Rn, 20 NMAC 2.82.100 06/23/00] 

20.2.82.2 SCOPE: All sources emitting hazardous air pollutants, which are subject to the requirements of 

40 CFR Part 63, as amended through [Jilftliary 31, 2QQ9] December 31.2010. 

[Rn, 20 NMAC 2.82.2, 08/14/98; A, 08/14/98, 09/08/99; 20.2.82.2 NMAC- Rn 20 NMAC 2.82.101 & A, 06/23/00; 

A, 02/18/02; A, 06/13/03; A, 06/08/07; A, 08/17/09; A, xx/xx/xx] 

20.2.82.3 STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Section 74-1-8 

(A) (4) and (7), and Air Quality Control Act, NMSA 1978, Sections 74-2-l et seq., including specifically, Section 

74-2-5 (A), (B) and (C). Section 74-2-5 (C) provides that "regulations adopted by the environmental improvement 

board may prescribe standards of performance for sources and emissions standards for hazardous air pollutants ... " 

[Rn, 20 NMAC 2.82.3, 08/14/98; A, 08/14/98; 20.2.82.3 NMAC- Rn, 20 NMAC 2.82.102 06/23/00] 

20.2.82.4 DURATION: Permanent. 

[Rn, 20 NMAC 2.82.4, 08/14/98; 20.2.82.4 NMAC- Rn, 20 NMAC 2.82.103 06/23/00] 

20.2.82.5 EFFECTIVE DATE: November 27, 1994, except where a later date is cited at the end of a 

section or paragraph. 

[Rn, 20 NMAC 2.82.5, 08/14/98; A, 08/14/98; 20.2.82.5 NMAC- Rn, 20 NMAC 2.82.104 06/23/00] 

[The latest effective date of any section in this part is August 17, 2009] 

20.2.82.6 OBJECTIVE: The objective of this part is to adopt or establish state authority to implement 

emission standards for hazardous air pollutants for the source categories in New Mexico subject to federal standards. 

The US EPA requires New Mexico to adopt such standards in order to implement requirements in Section 112 of the 

Clean Air Act. 

[Rn, 20 NMAC 2.82.6, 08/14/98; A, 08/14/98; 20.2.82.6 NMAC- Rn, 20 NMAC 2.82.105 06/23/00] 

20.2.82.7 DEFINITIONS: [Reserved] 

[20.2.82.7 NMAC- Rn, 20 NMAC 2.82.107 06/23/00] 

20.2.82.8 ADOPTION OF 40 CFR PART 63: Except as otherwise provided in section 20.2.82.10 NMAC 

(below), the national emission standards for hazardous air pollutants for source categories as promulgated by the US 

EPA, 40 CFR Part 63, as amended in the Federal Register through [Ja!UIQfY 31, 2QQ9] December 31. 2010 are 

hereby incorporated into this part (20.2.82 NMAC). 

[Rn, 20 NMAC 2.82.7, 08/14/98; A, 08/14/98, 09/08/99; 20.2.82.8 NMAC- Rn 20 NMAC 2.82.106 & A, 06/23/00; 

A, 02/18/02; A, 06/13/03; A, 06/08/07; A, 08/17/09; A, xx/xx/xx] 

20.2.82.9 SOURCES SUBJECT TO 40 CFR 63.40-63.44 OF SUBPART B (Constructed and 

Reconstructed Major Sources of Hazardous Air Pollutants): The owner or operator of a source subject to these 

provisions, that will be constructing or reeonstructing after June 29, 1999, shall not construct or reconstruet unless: 

A. the source has received a maximum achievable control teehnology (MACT) determination and 

approval from the department under this part; and 

B. the MACT determination and approval has been incorporated into a permit under 20.2. 72 NMAC 

- Construction Permits or 20.2. 70 NMAC - Operating Permits. 

[08/14/98; 20.2.82.9 NMAC- Rn, 20 NMAC 2.82.108 06/23/00] 

20.2.82.10 MODIFICATIONS AND EXCEPTIONS: The following modifications or exceptions are made 

to the incorporated federal standards: 

A. general provisions: Amend 40 CFR Part 63, Subpart A- General Provisions, Section 63.2, 

Definitions, as follows: For the purposes of delegation of authority which the Administrator of the US EPA may, in 

20.2.82 NMAC 
his or her discretion, delegate to the secretary of the New Mexico environment department, "administrator" means 

the secretary or his/her authorized representative. 

B. variances: The federal emission standards incorporated by this Part shall not be subject to NMSA 

1978, Seetion 74-2-8 (Variances). 

C. constructed and reconstructed major sources: The effective date for incorporation of 40 CFR 

63.40- 63.44 of Subpart B under 20.2.82.8 NMAC shall be June 29, 1999. 

[Rn, 20 NMAC 2.82.8, 08/14/98; A, 08/14/98; 20.2.82.10 NMAC- Rn, 20 NMAC 2.82.109 06/23/00] 

20.2.82.11 DOCUMENTS: Documents incorporated and cited in this part may be viewed at the New 

Mexico environment department, air quality bureau, 1301 Siler Road, Building B, Santa Fe NM, 87507. 

[08/14/98; 20.2.82.11 NMAC- Rn, 20 NMAC 2.82.110 06/23/00; A, 08/17/09] 

HISTORY OF 20.2.82 NMAC: 

Pre-NMAC History: None. 

History of Repealed Material: [RESERVED] 

Other History: 

20 NMAC 2.82, Maximum Achievable Control Technology Standards For Source Categories Of Hazardous Air 

Pollutants, effective 11/27/94. 

20 NMAC 2.82, Maximum Achievable Control Technology Standards For Source Categories Of Hazardous Air 

Pollutants (filed 10/28/94) was renumbered, reformatted, amended and replaced by 20.2.82 NMAC, Maximum 

Achievable Control Technology Standards For Source Categories Of Hazardous Air Pollutants, effective 06/23/00. 

20.2.82 NMAC 2 
40 CFR Part 60 

New Source Performance Standards (NSPS)

Federal Register Notices

1 of 1 

Exhibit # Part

Publication 

Date Action FR # Title Effective Date

6-60_63a 60,63 March 25, 2009 Final Rule

74-FR12575

Performance Specification 16 for Predictive Emissions Monitoring 

Systems and Amendments to Testing and Monitoring Provisions April 24, 2009

6-60_63b 60,63 April 23, 2009 Correction

74-FR18474

Performance Specification 16 for Predictive Emissions Monitoring 

Systems and Amendments to Testing and Monitoring Provisions

6-60_63c 60,63

September 9, 

2010 Final Rule

75-FR54969

National Emission Standards for Hazardous Air Pollutants From 

the Portland Cement Manufacturing Industry and Standards of 

Performance for Portland Cement Plants November 8, 

2010

6-60a 60 March 20, 2009

Direct Final 

Rule

74-FR11858

Standards of Performance for Stationary Combustion Turbines

May 19, 2009

6-60b 60 April 28, 2009 Final Rule

74-FR19293

New Source Performance Standards Review for Nonmetallic 

Mineral Processing Plants; and Amendment to Subpart UUU 

Applicability April 28, 2009

6-60c 60 May 29, 2009

Final Rule; 

correction

74-FR25666

Update of Continuous Instrumental Test Methods; Correction

June 29, 2009

6-60d 60 June 24, 2009 Correction

74-FR29948Standards of Performance for New Stationary Sources

6-60e 60

September 9, 

2009 Correction

74-FR46401

Revisions to Test Method for Determining Stack Gas Velocity 

Taking Into Account Velocity Decay Near the Stack Walls

6-60f 60 October 6, 2009 Final Rule

74-FR51367

Standards of Performance for New Stationary Sources and 

Emissions Guidelines for Existing Sources: 

Hospital/Medical/Infectious Waste Incinerators April 6, 2010

6-60g 60 October 8, 2009 Final Rule

74-FR51949Standards of Performance for Coal Preparation and Processing 

Plants October 8, 2009
40 CFR Part 63 

Maximum Achievable Control Technologies for Source 

Categories of Hazardous Air Pollutants (MACT) 

Federal Register Notices

1 of 2 

Exhibit # Part Publication Date Action FR # Title Effective Date

6-60_63a 60,63 March 25, 2009 Final Rule 74-FR12575

Performance Specification 16 for Predictive Emissions 

Monitoring Systems and Amendments to Testing and 

Monitoring Provisions

April 24, 2009

6-60_63b 60,63 April 23, 2009 Correction 74-FR18474

Performance Specification 16 for Predictive Emissions 

Monitoring Systems and Amendments to Testing and 

Monitoring Provisions

6-60_63c 60,63 September 9, 

2010 Final Rule 75-FR54969

National Emission Standards for Hazardous Air Pollutants 

From the Portland Cement Manufacturing Industry and 

Standards of Performance for Portland Cement Plants

November 8, 2010

6-63a 63 February 26, 2009

Withdrawal 

of Direct 

Final Rule

74-FR8756National Emission Standards for Hazardous Air Pollutants for 

Area Sources: Electric Arc Furnace Steelmaking Facilities February 26, 2009

6-63b 63 June 25, 2009 Final Rule 74-FR30365

Revision of Source Category List for Standards Under Section 

112(k) of the Clean Air Act; National Emission Standards for 

Hazardous Air Pollutants: Area Source Standards for 

Aluminum, Copper, and Other Nonferrous Foundries

June 25, 2009

6-63c 63 September 10, 

2009

Final Rule; 

correction

74-FR46493

National Emission Standards for Hazardous Air Pollutants: 

Area Source Standards for Aluminum, Copper, and Other 

Nonferrous Foundries

September 10, 

2009

6-63d 63 October 28, 2009 Final Rule 74-FR55669

National Emission Standards for Hazardous Air Pollutants 

From Petroleum Refineries October 28, 2009

6-63e 63 October 29, 2009 Final Rule 74-FR56007

National Emission Standards for Hazardous Air Pollutants for 

Chemical Manufacturing Area Sources October 29, 2009

6-63f 63 December 2, 2009 Final Rule 74-FR63235

National Emission Standards for Hazardous Air Pollutants for 

Area Sources: Asphalt Processing and Asphalt Roofing 

Manufacturing

December 2, 2009

6-63g 63 December 3, 2009 Final Rule 74-FR63503

National Emission Standards for Hazardous Air Pollutants: 

Area Source Standards for Paints and Allied Products 

Manufacturing

December 3, 2009

6-63h 63 December 30, 

2009 Final Rule 74-FR69193

National Emission Standards for Hazardous Air Pollutants for 

Area Sources: Chemical Preparations Industry

December 30, 

2009
40 CFR Part 63 

Maximum Achievable Control Technologies for Source 

Categories of Hazardous Air Pollutants (MACT) 

Federal Register Notices

2 of 2 

6-63i 63 January 5, 2010 Final Rule 75-FR-521 National Emission Standards for Hazardous Air Pollutants: 

Area Source Standards for Prepared Feeds Manufacturing January 5, 2010

6-63j 63 March 3, 2010 Final Rule 75-FR9647

National Emission Standards for Hazardous Air Pollutants for 

Reciprocating Internal Combustion Engines March 3, 2010

6-63k 63 March 5, 2010 Final Rule; 

correction

75-FR10184

National Emission Standards for Hazardous Air Pollutants: 

Area Source Standards for Paints and Allied Products 

Manufacturing

March 5, 2010

6-63l 63 March 18, 2010 Final Rule; 

correction

75-FR12988

National Emission Standards for Hazardous Air Pollutants for 

Area Sources: Asphalt Processing and Asphalt Roofing 

Manufacturing

March 18, 2010

6-63m 63 June 3, 2010 Direct Final 

Rule

75-FR31317

National Emission Standards for Hazardous Air Pollutants: 

Area Source Standards for Paints and Allied Products 

Manufacturing

June 3, 2010

6-63n 63 June 30, 2010 Final Rule; 

notice

75-FR37730National Emission Standards for Hazardous Air Pollutants 

From Petroleum Refineries June 30, 2010

6-63o 63 June 30, 2010 Final Rule; 

correction

75-FR37732National Emission Standards for Hazardous Air Pollutants for 

Reciprocating Internal Combustion Engines June 30, 2010

6-63p 63 July 20, 2010 Direct Final 

Rule

75-FR41991

Amendments to National Emission Standards for Hazardous 

Air Pollutants: Area Source Standards for Prepared Feeds 

Manufacturing

July 20, 2010

6-63q 63 August 20, 2010 Final Rule 75-FR51569

National Emission Standards for Hazardous Air Pollutants for 

Reciprocating Internal Combustion Engines August 20, 2010

6-63r 63 December 14, 

2010 Final Rule 75-FR77760

National Emission Standards for Hazardous Air Pollutants for 

Chemical Manufacturing Area Sources

December 14, 

2010
1 

Proposed incorporations into 20.2.77 NMAC - New Source Performance Standards (NSPS)

NMED 

Exhibit 

Number Title Action EPA Summary

6-60_63a

Performance Specification 16 for 

Predictive Emissions Monitoring 

Systems and Amendments to Testing 

and Monitoring Provisions Final Rule

EPA is taking final action to promulgate Performance Specification (PS) 16 

for predictive emissions monitoring systems (PEMS). Performance 

Specification 16 provides testing requirements for assessing the 

acceptability of PEMS when they are initially installed. Currently, there are 

no Federal rules requiring the use of PEMS; however, some sources have 

obtained Administrator approval to use PEMS as alternatives to continuous 

emissions monitoring systems (CEMS). Other sources may desire to use 

PEMS in cases where initial and operational costs are less than CEMS and 

process optimization for emissions control may be desirable. Performance 

Specification 16 will apply to any PEMS required in future rules in 40 CFR 

Parts 60, 61, or 63, and in cases where a source petitions the 

Administrator and receives approval to use a PEMS in lieu of another 

emissions monitoring system required under the regulation. We are also 

finalizing minor technical amendments.

6-60_63b

Performance Specification 16 for 

Predictive Emissions Monitoring 

Systems and Amendments to Testing 

and Monitoring Provisions Correction technical correction

6-60_63c

National Emission Standards for 

Hazardous Air Pollutants From the 

Portland Cement Manufacturing 

Industry and Standards of 

Performance for Portland Cement 

Plants Final Rule

EPA is finalizing amendments to the National Emission Standards for 

Hazardous Air Pollutants (NESHAP) from the Portland Cement 

Manufacturing Industry and to the New Source Performance Standards 

(NSPS) for Portland Cement Plants. The final amendments to the 

NESHAP add or revise, as applicable, emission limits for mercury, total 

hydrocarbons (THC), and particulate matter (PM) from new and existing 

kilns located at major and area sources, and for hydrochloric acid (HCl) 

from new and existing kilns located at major sources. The standards for 

new kilns apply to facilities that commence construction, modification, or 

reconstruction after May 6, 2009. The final amendments to the NSPS add 

or revise, as applicable, emission limits for PM, opacity, nitrogen oxides 

(NOX), and sulfur dioxide (SO2) for facilities that commence construction, 

modification, or reconstruction after June 16, 2008. The final rule also 

includes additional testing and monitoring requirements for affected 

sources.
2 

Proposed incorporations into 20.2.77 NMAC - New Source Performance Standards (NSPS)

6-60a

Standards of Performance for 

Stationary Combustion Turbines

Direct 

Final Rule

EPA is taking direct final action on amendments to the sulfur dioxide air 

emission standards for stationary combustion turbines that burn biogas 

(landfill gas, digester gas, etc.). Without these amendments, 

owners/operators of new stationary combustion turbines burning biogas 

containing relatively low amounts of sulfur-containing compounds will be 

required to install pretreatment facilities to remove the sulfur compounds 

prior to combustion or to install post combustion controls to lower sulfur 

dioxide emissions. It was not EPA's intent to require the use of either of 

these approaches, and the costs associated with either approach are 

substantially greater than the environmental benefit resulting from the 

decrease in sulfur dioxide emissions.

6-60b

New Source Performance Standards 

Review for Nonmetallic Mineral 

Processing Plants; and Amendment 

to Subpart UUU Applicability Final Rule

EPA is finalizing amendments to the Standards of Performance for 

Nonmetallic Mineral Processing Plant(s) (NMPP). These final amendments 

include revisions to the emission limits for NMPP affected facilities which 

commence construction, modification, or reconstruction on or after April 22, 

2008. These final amendments for NMPP also include: Additional testing 

and monitoring requirements for affected facilities that commence 

construction, modification, or reconstruction on or after April 22, 2008; 

exemption of affected facilities that process wet material from this final rule; 

changes to simplify the notification requirements for all affected facilities; 

and changes to definitions and various clarifications. We are not taking any 

final action in this document regarding the amendment to the Standards of 

Performance for Calciners and Dryers in Mineral Industries discussed in 

the proposed rule.

6-60c

Update of Continuous Instrumental 

Test Methods; Correction

Final 

Rule; 

correction

EPA published a final rule in the Federal Register on May 22, 2008, that 

made technical corrections to five test methods. Inadvertent printing errors 

were made in the publication. Text insertions were misplaced, duplicate 

insertions were made, and the definition for system bias was inadvertently 

revised. The purpose of this action is to correct these errors.

6-60d

Standards of Performance for New 

Stationary Sources Correction technical correction

6-60e

Revisions to Test Method for 

Determining Stack Gas Velocity 

Taking Into Account Velocity Decay 

Near the Stack Walls Correction technical correction
3 

Proposed incorporations into 20.2.77 NMAC - New Source Performance Standards (NSPS)

6-60f

Standards of Performance for New 

Stationary Sources and Emissions 

Guidelines for Existing Sources: 

Hospital/Medical/Infectious Waste 

Incinerators Final Rule

On September 15, 1997, EPA adopted new source performance standards 

(NSPS) and emissions guidelines (EG) for hospital/medical/infectious 

waste incinerators (HMIWI). The NSPS and EG were established under 

Sections 111 and 129 of the Clean Air Act (CAA or Act). In a response to a 

suit filed by the Sierra Club and the Natural Resources Defense Council 

(Sierra Club), the U.S. Court of Appeals for the District of Columbia Circuit 

(the Court) remanded the HMIWI regulations on March 2, 1999, for further 

explanation of EPA's reasoning in determining the minimum regulatory 

``floors'' for new and existing HMIWI. The HMIWI regulations were not 

vacated and were fully implemented by September 2002. On February 6, 

2007, we published our proposed response to the Court's remand. 

Following recent court decisions and receipt of public comments regarding 

the proposal, we re- assessed our response to the remand, and on 

December 1, 2008, we published another proposed response and solicited 

public comments. This action promulgates our response to the Court's 

remand and also satisfies the CAA Section 129(a)(5) requirement to 

conduct a review of the standards every 5 years.
4 

Proposed incorporations into 20.2.77 NMAC - New Source Performance Standards (NSPS)

6-60g

Standards of Performance for Coal 

Preparation and Processing Plants Final Rule

EPA is promulgating amendments to the new source performance 

standards for coal preparation and processing plants. These final 

amendments include revisions to the emission limits for particulate matter 

and opacity standards for thermal dryers, pneumatic coal cleaning 

equipment, and coal handling equipment (coal processing and conveying 

equipment, coal storage systems, and coal transfer and loading systems) 

located at coal preparation and processing plants. These revised limits 

apply to affected facilities that commence construction, modification, or 

reconstruction after April 28, 2008. The amendments also establish a sulfur 

dioxide (SO2) emission limit and a combined nitrogen oxide (NOX) and 

carbon monoxide (CO) emissions limit for thermal dryers located at coal 

preparation and processing plants. In addition, the amendments establish 

work practice standards to control fugitive coal dust emissions from open 

storage piles located at coal preparation and processing plants. The SO2 

limit, the NOX/CO limit, and the work practice standards apply to affected 

facilities that commence construction, modification, or reconstruction of 

which commences after May 27, 2009. We are also modifying the definition 

of thermal dryer to include both direct contact and indirect contact thermal 

dryers drying all coal ranks. We are modifying the definition of pneumatic 

coal-cleaning equipment to include equipment cleaning all coal ranks. We 

are also amending the definition of coal for purposes of subpart Y to 

include coal refuse. The modified definitions of thermal dryer, pneumatic 

coal cleaning equipment, and coal will be used to determine whether and 

how the standards apply to facilities that commence construction, 

modification, or reconstruction after May 27, 2009.
5 

Proposed incorporations into 20.2.82 NMAC - Maximum Achievable Control Technology (MACT)

6-60_63a

Performance Specification 16 for 

Predictive Emissions Monitoring 

Systems and Amendments to Testing 

and Monitoring Provisions Final Rule

EPA is taking final action to promulgate Performance Specification 

(PS) 16 for predictive emissions monitoring systems (PEMS). 

Performance Specification 16 provides testing requirements for 

assessing the acceptability of PEMS when they are initially installed. 

Currently, there are no Federal rules requiring the use of PEMS; 

however, some sources have obtained Administrator approval to 

use PEMS as alternatives to continuous emissions monitoring 

systems (CEMS). Other sources may desire to use PEMS in cases 

where initial and operational costs are less than CEMS and process 

optimization for emissions control may be desirable. Performance 

Specification 16 will apply to any PEMS required in future rules in 40 

CFR Parts 60, 61, or 63, and in cases where a source petitions the 

Administrator and receives approval to use a PEMS in lieu of 

another emissions monitoring system required under the regulation. 

We are also finalizing minor technical amendments.

6-60_63b

Performance Specification 16 for 

Predictive Emissions Monitoring 

Systems and Amendments to Testing 

and Monitoring Provisions Correction technical correction

6-60_63c

National Emission Standards for 

Hazardous Air Pollutants From the 

Portland Cement Manufacturing 

Industry and Standards of 

Performance for Portland Cement 

Plants Final Rule

EPA is finalizing amendments to the National Emission Standards 

for Hazardous Air Pollutants (NESHAP) from the Portland Cement 

Manufacturing Industry and to the New Source Performance 

Standards (NSPS) for Portland Cement Plants. The final 

amendments to the NESHAP add or revise, as applicable, emission 

limits for mercury, total hydrocarbons (THC), and particulate matter 

(PM) from new and existing kilns located at major and area sources, 

and for hydrochloric acid (HCl) from new and existing kilns located 

at major sources. The standards for new kilns apply to facilities that 

commence construction, modification, or reconstruction after May 6, 

2009. The final amendments to the NSPS add or revise, as 

applicable, emission limits for PM, opacity, nitrogen oxides (NOX), 

and sulfur dioxide (SO2) for facilities that commence construction, 

modification, or reconstruction after June 16, 2008. The final rule 

also includes additional testing and monitoring requirements for 

affected sources.
6 

Proposed incorporations into 20.2.82 NMAC - Maximum Achievable Control Technology (MACT)

6-63a

National Emission Standards for 

Hazardous Air Pollutants for Area 

Sources: Electric Arc Furnace 

Steelmaking Facilities

Withdrawal of 

Direct Final 

Rule

On December 1, 2008, EPA issued direct final amendments to the 

national emission standards for hazardous air pollutants (NESHAP) 

for Electric Arc Furnace Steelmaking Facilities. These amendments 

were issued as a direct final rule, along with a parallel proposal to 

be used as the basis for final action in the event EPA received any 

adverse comments on the direct final amendments. Because an 

adverse comment was received, EPA is withdrawing the direct final 

rule.

6-63b

Revision of Source Category List for 

Standards Under Section 112(k) of the 

Clean Air Act; National Emission 

Standards for Hazardous Air 

Pollutants: Area Source Standards for 

Aluminum, Copper, and Other 

Nonferrous Foundries Final Rule

EPA is revising the area source category list by changing the name 

of the ``Secondary Aluminum Production'' category to ``Aluminum 

Foundries'' and the ``Nonferrous Foundries, not elsewhere classified 

(nec)'' category to ``Other Nonferrous Foundries.'' At the same time, 

EPA is issuing final national emission standards for the Aluminum 

Foundries, Copper Foundries, and Other Nonferrous Foundries area 

source categories. These final emission standards for new and 

existing sources reflect EPA's determination regarding the generally 

available control technologies or management practices (GACT) for 

each of the three area source categories.

6-63c

National Emission Standards for 

Hazardous Air Pollutants: Area Source 

Standards for Aluminum, Copper, and 

Other Nonferrous Foundries

Final Rule; 

correction

This action makes technical corrections to regulatory text of the 

``Revision of Source Category List for Standards Under Section 

112(k) of the Clean Air Act; National Emission Standards for 

Hazardous Air Pollutants: Area Source Standards for Aluminum, 

Copper, and Other Nonferrous Foundries,'' which was issued as a 

final rule on June 25, 2009. These technical corrections will not 

change the standards established by the rule or the level of health 

protection provided.

6-63d

National Emission Standards for 

Hazardous Air Pollutants From 

Petroleum Refineries Final Rule

This action amends the national emission standards for petroleum 

refineries to add maximum achievable control technology standards 

for heat exchange systems. This action also amends the general 

provisions cross-reference table and corrects section references.
7 

Proposed incorporations into 20.2.82 NMAC - Maximum Achievable Control Technology (MACT)

6-63e

National Emission Standards for 

Hazardous Air Pollutants for Chemical 

Manufacturing Area Sources Final Rule

EPA is issuing national emission standards for the control of 

hazardous air pollutants for nine area source categories in the 

chemical manufacturing sector: Agricultural Chemicals and 

Pesticides Manufacturing, Cyclic Crude and Intermediate 

Production, Industrial Inorganic Chemical Manufacturing, Industrial 

Organic Chemical Manufacturing, Inorganic Pigments 

Manufacturing, Miscellaneous Organic Chemical Manufacturing, 

Plastic Materials and Resins Manufacturing, Pharmaceutical 

Production, and Synthetic Rubber Manufacturing. The standards 

and associated requirements for the nine area source categories 

are combined in one subpart. This final rule establishes emission 

standards in the form of management practices for each chemical 

manufacturing process unit as well as emission limits for certain 

subcategories of process vents and storage tanks. The rule also 

establishes management practices and other emission reduction 

requirements for subcategories of wastewater systems and heat 

exchange systems.

6-63f

National Emission Standards for 

Hazardous Air Pollutants for Area 

Sources: Asphalt Processing and 

Asphalt Roofing Manufacturing Final Rule

EPA is promulgating national emissions standards for the control of 

emissions of hazardous air pollutants (HAP) from the asphalt 

processing and asphalt roofing manufacturing area source category. 

These final emissions standards for new and existing sources are 

based upon EPA's final determination as to what constitutes the 

generally available control technology or management practices 

(GACT) for the source category.

6-63g

National Emission Standards for 

Hazardous Air Pollutants: Area Source 

Standards for Paints and Allied 

Products Manufacturing Final Rule

EPA is issuing national emission standards for control of hazardous 

air pollutants (HAP) for the Paints and Allied Products 

Manufacturing area source category. The final rule establishes 

emission standards in the form of management practices for volatile 

HAP, and emission standards in the form of equipment standards 

for particulate HAP. The emissions standards for new and existing 

sources are based on EPA's determination as to what constitutes 

the generally available control technology or management practices 

(GACT) for the area source category.

6-63h

National Emission Standards for 

Hazardous Air Pollutants for Area 

Sources: Chemical Preparations 

Industry Final Rule

EPA is promulgating national emissions standards for control of 

hazardous air pollutants (HAP) from the chemical preparations area 

source category. These final emissions standards for new and 

existing sources reflect EPA's final determination regarding the 

generally available control technology or management practices 

(GACT) for the source category.
8 

Proposed incorporations into 20.2.82 NMAC - Maximum Achievable Control Technology (MACT)

6-63i

National Emission Standards for 

Hazardous Air Pollutants: Area Source 

Standards for Prepared Feeds 

Manufacturing Final Rule

EPA is issuing national emission standards for control of hazardous 

air pollutants (HAP) for the Prepared Feeds Manufacturing area 

source category. The emissions standards for new and existing 

sources are based on EPA's determination as to what constitutes 

the generally available control technology or management practices 

for the area source category.

6-63j

National Emission Standards for 

Hazardous Air Pollutants for 

Reciprocating Internal Combustion 

Engines Final Rule

EPA is promulgating national emission standards for hazardous air 

pollutants for existing stationary compression ignition reciprocating 

internal combustion engines that either are located at area sources

of hazardous air pollutant emissions or that have a site rating of less 

than or equal to 500 brake horsepower and are located at major 

sources of hazardous air pollutant emissions. In addition, EPA is 

promulgating national emission standards for hazardous air 

pollutants for existing non-emergency stationary compression 

ignition engines greater than 500 brake horsepower that are located 

at major sources of hazardous air pollutant emissions. Finally, EPA 

is revising the provisions related to startup, shutdown, and 

malfunction for the engines that were regulated previously by these 

national emission standards for hazardous air pollutants.

6-63k

National Emission Standards for 

Hazardous Air Pollutants: Area Source 

Standards for Paints and Allied 

Products Manufacturing

Final Rule; 

correction

This action clarifies regulatory text of the ``Revision of Source 

Category List for Standards Under Section 112(k) of the Clean Air 

Act; National Emission Standards for Hazardous Air Pollutants: 

Paints and Allied Products Manufacturing Area Source Standards'' 

which was issued as a final rule on December 3, 2009. These 

technical corrections will not change the level of health protection 

the final rule provides or the standards and other requirements 

established by the rule.

6-63l

National Emission Standards for 

Hazardous Air Pollutants for Area 

Sources: Asphalt Processing and 

Asphalt Roofing Manufacturing

Final Rule; 

correction

On December 2, 2009, EPA promulgated national emissions 

standards for the control of emissions of Hazardous Air Pollutants 

(HAP) from the asphalt processing and asphalt roofing 

manufacturing area source category (74 FR 63236). Following 

signature of this final rule, EPA discovered three inadvertent 

typographical errors in the numbering of paragraphs and is 

correcting those errors in this action.
9 

Proposed incorporations into 20.2.82 NMAC - Maximum Achievable Control Technology (MACT)

6-63m

National Emission Standards for 

Hazardous Air Pollutants: Area Source 

Standards for Paints and Allied 

Products Manufacturing

Direct Final 

Rule

EPA is taking direct final action on amendments to the paints and 

allied products manufacturing area source rule. With this direct final 

rule, EPA is amending the definition of ``material containing 

hazardous air pollutants.'' It was not EPA's intent to omit the part of 

this definition that addresses non-carcinogens, and this omission 

could potentially and erroneously include facilities as applicable to 

the rule when they should not be covered. This action clarifies text 

of the National Emission Standards for Hazardous Air Pollutants: 

Paints and Allied Products Manufacturing Area Source Standards 

which was published on December 3, 2009. This action will not 

change the level of health protection the final rule provides or the 

standards and other requirements established by the rule.

6-63n

National Emission Standards for 

Hazardous Air Pollutants From 

Petroleum Refineries

Final Rule; 

notice

On October 28, 2009, we promulgated general control requirements 

to control emissions of hazardous air pollutants from heat exchange 

systems at petroleum refineries. These requirements were 

published as amendments to the national emission standards for 

petroleum refineries. In this notice, we are correcting typographical 

errors and inadvertent errors in section references.

6-63o

National Emission Standards for 

Hazardous Air Pollutants for 

Reciprocating Internal Combustion 

Engines

Final Rule; 

correction

EPA published in the Federal Register on March 3, 2010, a 

document amending the national emission standards for hazardous 

air pollutants for existing stationary compression ignition 

reciprocating internal combustion engines. The amendments 

inadvertently removed paragraphs from the regulation. EPA is 

correcting this error.

6-63p

Amendments to National Emission 

Standards for Hazardous Air 

Pollutants: Area Source Standards for 

Prepared Feeds Manufacturing

Direct Final 

Rule

EPA is taking direct final action on three amendments to the 

regulatory text in the prepared feeds manufacturing area source 

rule. First, this action corrects the date for new sources to submit a 

Notification of Compliance Status (NOCS) form. Second, this action 

corrects information that needs to be included in the Notification of 

Compliance Report for those small facilities that are not required to 

install cyclones on their pelleting operations. Third, this action adds 

language to the regulatory text that was inadvertently left out of the 

final rule requiring submittal of the annual compliance certification 

report. These corrections and clarifications will not change the 

standards established by the rule and not result in the imposition of 

any costs beyond those included in the final rule.
10

Proposed incorporations into 20.2.82 NMAC - Maximum Achievable Control Technology (MACT)

6-63q

National Emission Standards for 

Hazardous Air Pollutants for 

Reciprocating Internal Combustion 

Engines Final Rule

EPA is promulgating national emission standards for hazardous air 

pollutants for existing stationary spark ignition reciprocating internal 

combustion engines that either are located at area sources of 

hazardous air pollutant emissions or that have a site rating of less 

than or equal to 500 brake horsepower and are located at major 

sources of hazardous air pollutant emissions.

6-63r

National Emission Standards for 

Hazardous Air Pollutants for Chemical 

Manufacturing Area Sources Final Rule

On June 15, 2010, EPA notified Petitioners that the Agency 

intended to initiate the reconsideration process in response to their 

request for reconsideration of certain provisions in the National 

Emission Standards for Hazardous Air Pollutants for Chemical 

Manufacturing Area Sources. Among the provisions that EPA is 

reconsidering is a requirement that certain affected sources obtain a 

permit. EPA is staying until March 14, 2011, the requirement for 

certain affected sources to comply with the title V permit program. 

Because we believe the reconsideration process may not be 

completed within 90 days, we are also proposing in a separate 

notice to stay the provision requiring certain sources to obtain a 

permit after the final reconsideration rule is published in the Federal 

Register.
Exhibit NMED 8 Federal Registe Notices (on CD only) 

The Federal Registers on the CD are cited in Exhibits NMED 6 and 7 and are 

also available at the Federal Government Printing Office (GPO) Access web 

site at http://www.gpoaccess.gov/multidb.html 

Some of the Federal Registers are available in their respective dockets at the 

Federal Government Regulations.gov web site at 

http://www.regulations.gov
... 

J . - ~ '7 (_~ /- Ge:rt-rtTeri:-AJ.d.t'L ""-lo--.......... \'\ 

,_,,._t.~p- \ Q. ~ ~ ~ -ril ;=- y £ 

I.J""' ~ / 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ']/tJ! ') 

REGION VI ~ )'f 

March 15, 1985 

1201 ELM STREET /iv _ 0 ') _1 0 1

0

:J,!· 

CALLAS, TEXAS 75270 ~ - Jv / ~ ;;t[ 

Honorable Toney Anaya 

Governor of New Mexico 

Santa Fe, New Mexico 87503 

Dear Governor Anaya: 

In response to your letter of October 19, 1984, I am pleased to grant 

your request for delegation of authority for implementation and enforcement of New Source Performance Standards and National Emission .. stanaards" 

for Hazardous Air Pollutants to the New Mexico Environmental Improvement Division. 

The pertinent laws of the State of New Mexico and the rules and regulations of the New Mexico Environmental Improvement Division have been reviewed 

and have been found to provide an adequate and effective procedure for 

implementation and enforcement of the New Source Performance Standards 

and National Emission Standards for Hazardous Air Pollutants by the New 

Mexico Environmental Improvement Division and the State of New Mexico. 

The resources and capabilities of the New Mexico Environmental Improvement Division have been found to be adequate to implement and enforce these 

programs. 

Therefore, I am delegating authority to the New Mexico Environmental 

Improvement Division to implement and enforce New Source Performance 

Standards and National Emission Standards for Hazardous Air Pollutants, 

promulgated by the Environmental Protection Agency (EPA) through March 14, 

1984, and December 9, 1983, respectively. This delegation of authority 

is granted pursuant to Sections 111(c) and 112(d) of the Clean Air Act, 

and is subject to the conditions and limitations stated in the delegation. 

Except as specifically limited in this letter, all of the authority and 

responsibilities of the Administrator or the Regional Administrator 

which are found in 40 CFR Part 60 and 40 CFR Part 61 as of the date of 

this letter are delegated to the New Mexico Environmental Improvement Division. Any of such authority and responsibilities may be redelegated 

by the Division to its Director or staff. 

In addition, the New Mexico Environmental Improvement Division will maintain 

partial delegation of authority for the technical and administrative 

review of New Source Performance Standards promulgated or revised after 

March 14, 1984, and of National Emission Standards for Hazardous Air 

Pollutants promulgated or revised after December 9, 1983. This partial 

delegation of authority is also subject to the conditions and limitations 

stated in the delegation. 
2 

Since this delegation is effective immediately, there is no requirement 

that the State notify the EPA of its acceptance. Unless the EPA receives 

from the State of New Mexico a written notice of objection within ten 

days of the date of receipt of this letter, the State of New Mexico and 

the New Mexico Environmental Improvement Division will be deemed to have 

accepted all of the terms of the delegation. 

Sincerely yours, --.... 

ck Whittington, t.~ P.E. 

Regional Administrator 

Enclosure 

cc: Denise Fort, Director 

New Mexico Environmental Improvement Division 

P. 0. Box 9~8. Crown Building 

Santa Fe, New Mexico 87504-0968 
PROVISIONS 

for 

FULL DELEGATION 

for the 

NATIONAL EMISSION STANDARDS FOR 

HAZARDOUS AIR POLLUTANTS (NESHAP) AUTHORITY 

and 

NEW SOURCE PERFORMANCE STANDARDS (NSPS) AUTHORITY 

to the 

STATE OF NEW MEXICO 

(40 CFR Parts 60 and 61) 

EFFECTIVE DATE: 

March 15, 1985 
Introduction 

On October 19, 1984, the Governor of New Mexico requested that the U.S. 

Environmental Protection Agency (EPA) delegate full authority to New 

Mexico for the New Source Performance Standards (NSPS) program and for 

the National Emission Standards for Hazardous Air Pollutants (NESHAP) 

program. The Governor based his request upon the adoption by the New 

Mexico Environmental Improvement Board of Air Quality Control Regulation 750 (New Source Performance Standards), and Air Quality Control Regulation 751 (Emission Standards for Hazardous Air Pollutants) on July 13, 1984. 

Under the New Mexico Air Quality Control Act, the City of Albuquerque and Bernalillo County have established a program for the local administration and enforcement of the Air Quality Control Act, in lieu of the New 

Mexico Environmental Improvement Board. The authority delegated in this 

document excludes those sources located within the boundaries of Bernalillo 

County. 

Full Delegation 

EPA has reviewed the Governor's request, Air Quality Control Regulations 750 and 751, and all other available information on the New Mexico Environmental Improvement Division (NMEIO), including its implementation of 

the partial delegation of these programs. EPA finds that the NMEID has 

an adequate and effective procedure for implementing and enforcing the 

NSPS and NESHAP programs in the State of New Mexico, except for Indian 

lands, as defined at 18 U.S.C. §1151. Therefore, EPA hereby delegates the following authority for the implementation and enforcement of the 

NSPS and ~ESHAP to the State of New Mexico, subject to the conditions 

and limitations specified below: 

1. Authority for all sources located in the State of New Mexico, outside 

Indian lands, subject to the NSPS promulgated in 40 CFR Part 60 through 

March 14, 1984. 

2. Authority for all sources located in the State of New Mexico, outside 

Indian lands, subject to the NESHAP promulgated in 40 CFR Part 61 through 

December 9, 1983. 

Conditions and Limitations 

1. Implementation and enforcement of NSPS and NESHAP in the State of 

New Mexico, outside Indian lands, will be the primary responsibility of 

the NMEIO. If the State of New Mexico or the NMEIO determines that such 

implementation or enforcement is not possible or feasible, either with 

respect to an individual source, a class, of sources, or generally, the 

NMEID shall, within 30 days, notify EPA Region 6 of such impossibility 

or infeasibility so that EPA may timely exercise its concurrent authority 

with respect to sources within the State of New Mexico. 

2. Acceptance of this delegation constitutes agreement by the State of 

New Mexico and the NMEID to follow all interpretations, past and future, 

made by EPA of 40 CFR Parts 60 and 61, including determinations of appli-
2 

cabi~ity. Prior EPA concurrence shall be obtained on any matter involving the interpretation of Sections 111 or 112 of the Clean Air Act or 40 CFR 

Parts 60 or 61 to the extent that application, implementation, administration, or enforcement of these sections have not been covered by 

prior EPA determinations or guidance. 

3. The State of New Mexico and the NMEID are not authorized to approve 

or disapprove any application, exemption, variance, or grant waiver of 

compliance with any provision of 40 CFR Part 61. The State of New Mexico 

or the NMEID are, however, authorized to receive, review, evaluate, and 

recommend to EPA approval or disapproval of an application, exemption, 

variance or waiver. 

4. The Federal NSPS regulations in 40 CFR Part 60, as amended, do not 

have provisions for granting waivers by class of testing requirements or 

variances, hence this delegation does not convey to the State of New Mexico 

or the NMEID authority to grant waivers by class of testing requirements or 

variances from NSPS regulations. 

5. The State of New Mexico and the NMEID shall utilize the methods 

specified in applicable Appendices and Subparts of 40 CFR Parts 60 or 

61 in determining compliance with the regulations, including requiring 

tests at the times required by the regulations. 

Authority is delegated to approve minor modifications to the reference 

test methods in 40 CFR Parts 60 and 61, during either a pre-test meeting 

or the actual sampling period. These minor modifications would have to 

produce results essentially identical to the reference method results. 

Approval of these minor modifications should be based on sound engineering 

judgment. Under no circumstances are modifications to be used which 

might result in the non-uniform application of the standards. 

6. If at any time there is a conflict between any State regulation and 

any provision of 40 CFR Parts 60 or 61, the Federal regulation must be 

applied to the extent that it is more stringent than that of the State. 

If the State of New Mexico or the NMEID does not have the authority to 

enforce the more stringent Federal regulation, the NMEID shall immediately notify EPA Region 6 pursuant to Condition 1 above. This delegation may 

be revoked by EPA, in whole or in part, in the event any such conflict 

makes implementation or enforcement of NSPS or NESHAP administratively 

impractical. 

7. If a claim of confidentiality or any other reason should ever legally 

prevent the State of New Mexico and the NMEID from providing to EPA any or 

all information required by or pertaining to the implementation of NSPS 

and NESHAP, the NMEID shall, upon request, assist EPA Region 6 'in obtaining 

that information directly from the source. At a minimum, such assistance 

shall consist of providing to EPA an identification of the nature of the 

information which the State cannot provide. In the absence of such a legal 

reason, the State and the NMEID shall make available to any designated 

representative of EPA upon request all records, reports, or information 

provided to, or otherwise obtained by, the State in accordance with the 

provisions of 40 CFR Parts 60 or 61. 
3 

8. All matters 1n process at the time of delegation of authority may be 

processed through to completion by EPA Region 6, or may, at the request 

of the NMEID and at the discretion of EPA, be transferred to the NMEID 

for completion. Appropriate reproduction of pertinent file material in 

the EPA Region 6 files in relation to source regulation under NSPS and 

NESHAP shall be provided through mutual cooperation of the staffs of the 

respective offices. 

9. Existing monthly reports normally submitted to EPA Region 6 for the 

Compliance Data System (CDS) shall be expanded to contain pertinent information relating to the status of sources subject to 40 CFR Parts 60 or 61. 

As a minimum, the following information must be provided to EPA: the name, 

address, type and size of each facility; date that operation at the facility 

commenced and dates of most recent compliance test; the compliance status of 

each facility with accompanying explanations of noncompliance where applicable; 

notice of enforcement actions brought against facilities because of violations 

of 40 CFR Parts 60 or 61; surveillance actions undertaken for each facility; 

and the results of all reports relating to emissions data, including excess 

emissions reports. 

10. Emission data, as defined in 40 CFR 2.301(a)(2), shall be made available 

to the public. Emission data is to be correlated with applicable emission 

limitations or other measures in such a manner as to show the relationship 

between measured or estimated amounts of emissions and the amounts of such 

emissions which are allowable under the applicable emission limitations. 

If any information which is defined as emission data is found to be not 

available to the public by reason of State law or other legal requirement, 

the NMEID shall so notify EPA, Region 6, so that EPA may take the action 

necessary to release such data. 

11. No authority is granted to the State or the NMEID to take any action 

which would require rulemak1ng by EPA. This limit on authority includes 

the grant of a waiver of testing requirements for any class of sources. 
.---

Partial Delegation 

The ~MElD has requested that it have partial delegation for sources for 

which new regulations or revised regulations are promulgated, except for 

sources in Indian lands, as defined at 18 U.S.C. §1151. EPA hereby 

delegates the following partial authority for the implementation of the 

NSPS and NESHAP to the State of New Mexico subject to the following 

conditions and limitations: 

1. Authority for all sources located in the State of New Mexico, outside 

Indian lands, subject to NSPS promulgated in 40 CFR Part 60 after 

March 14, 1984, for which full delegation has not been granted above. 

2. Authority for all sources located in the State of New Mexico, outside 

Indian lands, subject to NESHAP promulgated in 40 CFR Part 61 after 

December 9, 1983, for which full delegation has not been granted above. 

3. Authority for all sources located in the State of New Mexico, outside 

Indian lands, subject to NSPS for which full delegation is granted above, 

when part or all of that NSPS has been revised after March 14, 1984. 

4. Authority for all sources located in the State of New Mexico, outside 

Indian lands, subject to NESHAP for which full delegation is granted above, 

when part or all of that NESHAP has been revised after December 9, 1983. 

Conditions and Limitations 

1. The NMEID shall conduct only the technical and administrative review 

including determination of applicability, review and evaluation of NSPS 

and NESHAP applications, review and evaluation of requests for waivers 

of compliance under 40 CFR 61.11 and/or waivers of emission tests under 

40 CFR 61.13, performance and evaluation of inspections, and observance 

and evaluation of compliance tests and continuous emission monitoring 

tests. 

2. All conditions and limitations specified above for full delegation 

apply also to this partial delegation. 
A n0tice of this delegation of authority will be published in the Federal 

Register in the near future. The notice will state, among other th1ngs, 

that effective immediately, all reports required pursuant to the Federal 

NSPS and NESHAP by sources located in the State of New Mexico should be 

submitted-to the New Mexico Health and Environment Department, Environmental Improvement Division, P. 0. Box 968, Crown Building, Santa Fe, 

New Mexico, 87504-0968. Any such reports which may be received by EPA, 

Region 6, after the effective date of this delegation will be promptly 

transmitted to the NMEJD. 

Protection Agency 
UNITED STATES ENVIRONMEN"J;AL PROTECTION AGENCY 

REGIONS 

Mr. Mark Weidler 

Secretary 

1445 ROSS AVENUE, SUITE 1200 

DALLAS, TX 75202·2733 

:n: 2 7 1995 

New Mexico Environment Department 

P.O. Box 26110 

Santa Fe, NM 87502-6110 

Dear Mr. Weidler: 

Our office has completed review of your November 9, 1994, 

submittal for· delegation of authority under 40 Code of Federal 

Regulations (CFR) Part 63, Subpart E to implement and enforce 

the following regulations: the New Mexico Air Quality Control 

Regulation (AQCR) 780, since renamed as 20 New Mexico , Administrative Code (NMAC) 2.82 -Maximum Achievable Control 

Technology Standards for Source Categories of Hazardous Air 

Pollutants; and the New Mexico AQCR 755, since renamed 20 NMAC 

2.83 - Construction or Modification of Major Sources of Hazardous 

Air Pollutants and amendments to AQCR 702. 

Specifically, your submittal seeks delegation of authority 

to implement and enforce the following Federal standards: 

1) the National Emission standards for Hazardous Air 

Pollutants (NESHAP) for Source Categories: General Provisions 

for 40 CFR Part 63, Subpart A, promulgated March 16, 1994; 

2) NESHAP for Source categories: Organic Hazardous Air 

Pollutants from the Synthetic Organic Chemical Manufacturing 

Industry and Other Processes Subject to the Negotiated Regulation 

for Equipment Leaks - Hazardous organic NESHAP, 40 CFR Part 63, 

Subparts F, G, H, and I promulgated April 22, 1994, and 

subsequent correction notices; • 

3) NESHAP for Source Categories: Coke oven Batteries 

promulgated October 27, 1994, and subsequent correction notice, 

January 13, 1994; 

4) NESHAP for Source categories: Perchloroethylene Dry 

Cleaning Facilities promulgated September 22, 1993, and the 

associated amendment published on December 20, 1993. 

Your submittal was found to be complete with respect to the 

information necessary to grant authority to implement and enforce 

these Maximum Achievable Control Technology (MACT) standards and 

{"'i;', Recycled/Recyclable 
2 

General Provisions; thus with this letter, we are delegating to 

the New Mexico Environment Department the authority to implement 

and enforce these standards as they apply to major sources in 

New Mexico. 

Your letter also requests that the Environmental Protection 

Agency (EPA) grant the New Mexico Environment Department (NMED) 

full authority to implement and enforce the requirements of 

section 112(g) of the Clean Air Act Amendments of 1990 which was 

adopted to govern modifications to hazardous air pollutant (HAP) 

sources. Your submittal includes 20 NMAC 2.83 which addresses 

the modification, construction, and reconstruction of HAP 

sources. 

on February 14, 1995, an Interpretive Notice regarding the 

112(g) rule was published in the Federal Register. This 

interpretive ruling postpones the effective date of section 

112(g) until after the EPA has promulgated a rule addressing that 

provision. As a result, it is EPA's understanding that the NMED 

has decided not to promulgate this regulation and has withdrawn 

this rule from EPA's consideration. Therefore, Region 6 is 

returning the 20 NMAC 2.83 rule to the NMED for future action by the State. 

Region 6 is pleased that the NMED is actively pursuing 

delegation of federally promulgated MACT standards and looks 

forward to working closely with you to accomplish this goal. If you have any questions or comments regarding the contents 

of this letter, please contact Ms. Adele Cardenas at 

(214) 665-7210. 

Sincerely yours, 

A. stanley Meiburg Acting Regional Administrator 

cc: Mr. Bill Blankenship 

New Mexico Environment Department~ 
STATE OF NEW MEXICO 

County of Beruallllo SS 

IJnda MacEachen, being duly sworn, declares and says that she is Classified 

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

duly quaUIIed to publish legal notices or advertisements within the meaning 

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

has been made of s88essed as court cost; that the notice, copy of which Is 

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

_I_ times, the first publication being on the li_ day of tby , 20L 

and the subsequent consecutive publications on-~.,..-------

\u~OO\Ck~~ 

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

Sworn and subscribed before me, a Notary Public, in and 

for the County _of Bernalllio and State of New Mexico this 

1:l day of 11•'111 of 20JL. 

I 

Statement to come at end of month. 

New Mexico Commission of Public Records 

Administrative Law Division 

1205 Camino Carlos Rey 

Santa Fe, NM 87507 

505-476-7907 

Affidavit of Publication in the New Mexico Register 

I, John Martinez , certify that the agency noted below has published legal notices or rules in 

the New Mexico Register, and that payment has been assessed by invoice for said legal notice 

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

Date ofPubllcadon: 5/31/2011 Agency: 

Volume: XXII Issue#: 10 EIB -Air Quality 

Contact: Adam Keaster 

1301 Siler Rd #B 

Invoice#: NMR-20ll- 262 

Amount: $38.00 

Descrlpdon: 

Notice 

(seal) 

Santa Fe, NM 87507-

Notice of Public Hearing 

State of New Mexico, County of Santa Fe 

Signed and affinned before me on Wednesday, June 01, 2011 

by John Martinez 

(} ( )(; I L ' 

Notary Public: __ tfuJ}!-rr \l~ __ _ -· 

Bridgett Wood [My commissidpires: J=ji c ,3 1 

Publisher, Amant' MMexicoRegister f" 1/ ~ ~ 6/112011 

-Copies of the published material documented in this affidavit are enclosedForm SRC-2002.()4 R<viscd July 2007 
Date: 6/1/2011 

Bill To: 

Em -Air Quality 

130 I Siler Rd #B 

I Santa Fe, NM 87507-

- SRC Autborlzatlon 

Bridgett Wood ---------- --

--~- --

-~ Pbone Number Date Requested 

_l_ (50~476-7875 -6tl/20ll- __________ ,_ ···---

--------- ---

Commission of Public Records 

Administtative Law Divison 

1205 Camino Carlos Rey 

Santa Fe, NM 87507-

Phone: (505) 476-7907 

Fax: (505) 476-7910 

Ship To (If different address): 

Em -Air Quality 

130 I Siler Rd #B 

Santa Fe, NM 87507-

··- - Date Shipped Sblpped VIa ~-----· -- -

US Post ----

Bill To (ag 1------

66 ------··-· 

Colurrmar inch 

1 Quantity Description 

r 19 

Revenue Code 

-Notice -1- 431902 - ------ - ------- --

Unit P-,.rlce-+-- Total ] 

s2:oo S38.oo 1 

r For fntemal Use Only 

Subtotal $38.00 ------ Payment Amount f 

1--------- I Payment Metbod: Purchase Order Number: 66700-0000013209 Amount Due I $38.00 I L....--------

I 

Payment Amount: ..... --------------- ------ ____ j 

State Records Center and Archives ~~'!_Be JHIY promptly to Vendor Number 0000000 729 Commission of Pu_blic ~~cort!! __ _ 

Form SRC-200:1-03 - Revised September 2006 
New Mexico Commission of Public Records 

Administrative Law Division 

1205 Camino Carlos Rey 

Santa Fe, NM 87507 

505-476-7907 

Affidavit of Publication in the New Mexico 

I, John Martinez , certify that the agency noted below has published legal notices or rules in 

the New Mexico Register, and that payment has been assessed by invoice for said legal notice 

or publication, which appeared on the date and in the volwne and issue nwnber noted below. 

Date of Publlcadon: 5/31/20 II Agency: 

Volume: XXll Issue#: 10 EIB -Air Quality 

Contact: Adam Keaster 

130 I Siler Rd #B 

Invoice#: NMR-2011- 262 

Amount: $38.00 

Descrlpdon: 

Notice 

(seal) 

Santa Fe, NM 87507-

Notice of Public Hearing 

State of New Mexico, County of Santa Fe 

Signed and affirmed before me on Wednesday, June 01,2011 

by John Martinez , 

(} Cl1m, A r, Notary Public: ~ '· ...... J~ lroD ______ _ Bridgett Wood [My commissi expires: ·~ j I r 13 ] 

Affiant: 

Publisher, M #k Mexico Register 

i. ~ ~ 6/1/2011 

-Copies of the published material documented in this affidavit are enclosedForm SRC-2002-04 R<vised July 2007 
338 New Mexico Register I Volume XXll, Number 10 I May 31, 2011 

are available from the Department's Energy 

Conservation and Management Division 

("ECMD''), 1220 South Saint Francis Drive, 

Santa Fe, NM 87505, on ECMD's website, 

http://www.cleanenergynm.org, or by 

contacting Colin Messer at 505-476-3311 or 

colinj.messer@state.nm.us. 

All interested persons may participate in the 

hearing and will be given an opportunity to 

submit relevant evidence, data, views and 

arguments ·~ orally or in writing. 

A person who wishes to submit a written 

statement, in lieu of providing oral 

testimony at the hearing, shall submit the 

written statement prior to the hearing to the 

address above or submit it at the hearing. 

No statements will be accepted after the 

conclusion of the hearing. 

If you are an individual with a disability 

who is in need of a reader, amplifier, 

qualified sign language interpreter or any 

other fonn of auxiliary aid or service to 

attend or participate in the hearing, please 

contact Colin Messer at least one week 

prior to the hearing or as soon as possible. 

Public docwnents can be provided in various 

accessible fonnats. Please contact Colin 

Messer at 476-3314, through Relay New 

Mexico at 1-800-489-8536 'Alice/ TIY, ifa 

summary or other type of accessible fonnat 

is needed. 

NEW MEXICO 

ENVIRONMENTAL 

IMPROVEMENT BOARD 

NEW MEXICO ENVIRONMENTAL 

IMPROVEMENT BOARD 

NOTICE OF PUBLIC MEETING AND 

RULEMAKING HEARING 

The New Mexico Environmental 

Improvement Board ("Board'') will hold 

a public hearing on August I, 2011 at 

9:00 a.m. at the Stale Capitol Building, 

Room 317, 490 Old Santa Fe Trail, Santa 

Fe NM 8750 I. The purpose of the hearing 

is to consider the matter of EIB 11-04 (R) 

proposed revisions to Air Quality Control 

Regulations 20.2.77 NMAC (New Source 

Performance Standards), 20.2. 78 NMAC 

(Emission Standards for Hazardous Air 

Pollutants) and 20.2.82 NMAC (Maximum 

Achievable Control Technology Standards 

for Source Categories of Hazardous Air 

Pollutants). 

The proponent of this regulatory adoption 

and revision is the New Mexico Environment 

Department ("NMED''). 

NMED proposes to revise 20.2. 77 NMAC 

to incorporate by reference federal New 

Source Performance Standards, 20.2.78 

NMAC to incorporate by reference federal 

National Emission Standards for Hazardous 

Air Pollutants, and 20.2.82 NMAC to 

incorporale by reference federal Maximwn 

Achievable Control Technology Standards 

for Source Categories. 

The proposed revised regulations may be 

reviewed during regular business hours at 

the NMED Air Quality Bureau office, 130 I 

Siler Rd. building B, Santa Fe, New Mexico 

87507. Full text of NMED's proposed 

revised regulalions are available on NMED's 

web site at www.runenv.state.nm.us, or by 

contacting Adam Keasler a! (505) 476-5559 

or adam.keaster@state.nm.us. 

The hearing will be conducted in accordance 

with 20.1.1 NMAC (Rulemaldng Procedures 

~ Environmental Improvement Board), the 

Environmental Improvement Act, Section 

74-1-9 NMSA 1978, the Air Quality Control 

Act Section, 74-2-6 NMSA 1978, and other 

applicable procedures. 

All interested persons will be given 

reasonable opportunity at the hearing to 

submit relevant evidence, data, views and 

arguments, orally or in writing, to introduce 

exhibits, and to examine witnesses. Persons 

wishing to present technical testimony must 

file with the Board a written notice of intent 

to do so. The notice of intent shall: 

(I) identify the person for whom the 

witness(es) will testify; 

(2) identify each technical witness that 

the person intends to present and state the 

qualifications of the witness, including a 

description of their education and work 

background; 

(3) swnmarize or include a copy of the direct 

testimony of each technical witness and state 

the anticipated duration of the testimony of 

that witness; 

(4) list and describe, or attach, each exhibit 

anticipated lobe offered by that person a1 the 

hearing; and 

(5) attach the text of any recommended 

modifications to the proposed new and 

revised regulations. 

Notices of intent for the hearing must be 

received in the Office of lhe Board no later 

than 5:00pm on July 15, 2011, and should 

reference the docket number, EIB 11-04 (R), 

and the date of the hearing. Notices of intent 

to present technical testimony should be 

submitted to: 

Felicia Orth, Acting Board Administralor 

Office of the Environmental Improvement 

Board 

Harold Runnels Building 

1190 St. Francis Dr., Room 3056-N 

Santa Fe, NM 87502 

Phone: (505) 827-0339, Fax (505) 827-2836 

Any member of the general public may 

testify at the hearing. No prior notification 

is required to present non·technical 

testimony a1 the hearing. Any such member 

may also offer exhibits in connection with 

his testimony, so long as the exhibit is not 

unduly repetitious of the testimony. 

A member of the general public who wishes 

to submit a written statement for the record, 

in Jieu of providing oral testimony at the 

hearing, shall file the written statement prior 

to the hearing, or submit it at the hearing. 

Persons having a disability and needing help 

in being a part of this hearing process should 

contact Judy Bentley by July 15, 2011 at 

the NMED, Human Resources Bureau, P.O. 

Box 26110, 1190 St. Francis Drive, Santa 

Fe, New Mexico, 87502, telephone 505-

827-9872. TDY users please access her 

number via the New Mexico Relay Network 

at 1-800-659-8331. 

The Board may make a decision on 

the proposed revised regula!ions at the 

conclusion of the hearing. or the Board 

may convene a meeting after the hearing to 

consider action on the proposal. 

NEW MEXICO 

ENVIRONMENTAL 

~PROVEMENTBOARD 

NEW MEXICO ENVIRONMENTAL 

IMPROVEMENT BOARD 

NOTICE OF PUBLIC HEARING 

TO CONSIDER PROPOSED 

AMENDMENTS TO 20.7.11 NMAC 

(LIQUID WASTE TREATMENT AND 

DISPOSAL FEES). 

The New Mexico Environmental 

Improvement Board (Board) will hold a 

public hearing beginning at 9:00 a.m. on 

August 1, 20 II, and continuing thereafter as 

necessary at the New Mexico State Capitol 

Building, Room 317, 490 Old Santa Fe 

Trail, Santa Fe, New Mexico. The hearing 

localion may change prior to August 1. and 

those interested in attending should check 

the EIB website: http://www.nmenv.stale. 

nm.usloots/eib.htm prior to the hearing. 

The pwpose of the hearing is to consider 

proposed amendments to Liquid Waste 

Treatment and Disposal Pee Rules, 20.7.11 

NMAC. Mr. Link Summers is the proponent 

of the amendments to the rules in EJB 

Docket Number ll-08(R). The amendments 

proposed by Mr. Summers would add 

additional requirements to the current 

regulation which requires the New Mexico 
New Mexico Register I Volume XXII, Number 10 I May 31, 2011 339 

Environment Department ("NMED") to 

provide a biannual report for New Mexico. 

The additional requirements would require 

the Department to include the following 

infonnation from appropriate authorities in 

the contiguous states of Texas, Oklahoma, 

Colorado, Utah, and Arizona: 

I) Types of permits issued 

and the amount of the fee for each 

2) Services rendered that 

are included in the fees including: 

(a) Reports issued to other 

units of Government including Legislatures 

which indicate the success or failure of the 

program to complete its mission 

(b) Licenses, certification, 

or training required for employment in the 

program- including inspectors. 

(c) Continuing education 

and additional training requirements for 

employees of the program - including 

inspectors 

(d) Itemization of costs 

for the different types of permits, both 

completed and rejected, including appeals. 

(e) Whether inspections "!"e 

performed, how many and what procedures 

they include and what percentage of total 

pennits are inspected 

(f) Costs to implement the 

program 

(g) Costs to administer the 

program 

(h) 

the program 

Sources of funding for 

The proposed amendments would also 

require scheduled on-site inspections of 

in state septic tank manufacturers by a 

Department engineer at least once per year. 

In addition, amendments are proposed to the 

definition of "modify" and other sections of 

the rule. 

The proposed changes may be reviewed 

during regular business hours at the office 

of the Environmental Improvement Board 

located in the Harold Runnels Building, 

1190 St. Francis Drive, Room N-2153 

Santa Fe, NM, 87505. In addition, the 

proposed amendments are on the NMED 

website at http.J/www nmeny state. om. us{ 

fod/LiqujdWaste/ . ln addition, the Board 

may consider and make other changes as 

necessary to accomplish the purpose of the 

rule in response to public comments and 

evidence presented at the hearing. 

Written comments regarding the proposed 

revisions may be addressed to Ms. Felicia 

Orth at the above address, and should 

reference docket number Em II-08(R). 

The hearing will be conducted in accordance 

with 20.1.1 NMAC (Rulemaking 

Procedures) Environmental Improvement 

Board, the Environmental Improvement 

Act, Section 74-1-9 NMSA 1978, and other 

applicable procedures. 

All interested persons will be given 

reasonable opportunity at the hearing to 

submit relevant evidence, data, views and 

arguments, orally or in writing, to introduce 

exhibits, and to examine wimesses. Any 

person who wishes to submit a non-technical 

written statement for the record in lieu of 

oral testimony must file such statement prior 

to the close of the hearing. 

Persons wishing to present technical 

testimony must file with the Board a written 

notice of intent to do so on or before 5:00pm 

on July 15,2011. The notice of intent shall: 

- identifY the person or entity for whom the 

witness(es) will testifY; 

- identifY each technical witness that the 

person intends to present and state the 

qualifications of the witness, including a 

description of his or her education and work 

background; 

- summarize or include a copy of the direct 

testimony of each technical witness and state 

the anticipated duration of the testimony of 

that witness; 

- list and describe, or attach, each exhibit 

anticipated to be offered by that person at the 

hearing, including any proposed statement 

of reasons for adoption of the rules; and, 

- attach the text of any recommended 

modifications to the proposed changes. 

Notices of intent for the hearing must be 

received in the Office of the Environmental 

Improvement Board not later than 5:00pm 

on July I 5, and should reference the name 

of the regulation, the date of the hearing, and 

docket number EIB 11-08 (R). Notices of 

intent to present technical testimony should 

be submitted to: 

Felicia Orth, Acting Administrator 

Office of the Environmental Improvement 

Board 

Harold Runnels Building 

1190 St. Francis Dr., Room N-2153 

Santa Fe, NM 87502 

If you are an individual with a disability and 

you require assistance or an auxiliary aid, 

e.g. sign language interpreter, to participate 

in any aspect of this process, please contact 

the Personnel Services Bureau by august 15, 

20 II. The Personnel Services Bureau can 

be reached at the New Mexico Environment 

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

Box 5469, Santa Fe, NM 87502-5469, (505) 

827-9872. TDD or TOY users may access 

this number via the New Mexico Relay 

Network (Albuquerque TDD users: (505) 

275-7333; outside of Albuquerque: 1-800-

659-1779.) 

The Board mav make a decision on the 

proposed regulatory change at the conclusion 

of the hearing, or the Board may convene a 

meeting after the hearing to consider action 

on the proposal. 

NEW MEXICO GAME 

COMMISSION 

STATE GAME COMMISSION PUBLIC 

MEETING 

AND RULE MAKING NOTICE 

On Thursday, June 9, 2011, beginning at 

9:00 a.m., at the New Mn:lco Farm & 

Raach Heritage Museum - Tortugas 

Room, 4100 Drlpplag Sprtngs Road, 

Las Cruces, NM 88011, the State Game 

Commission will meet in Public Session 

to hear and consider action as appropriate 

on the following: Revocations; Revision 

of Commission Policy Regarding Rule 

Development; Review of Habitat Stamp 

Program ("Sikes Acn and Establishment of 

Guidelines for FY '13 Budget Prepantion; 

State Land Easement for Hunting, Fishing, 

and Trapping Proposal for July, 20 II 

through June, 2012; Update on Department 

Involvement in the Mexican Wolf ReIntroduction Program; Management of the 

Artesia/Karr Farm and 7 Rivers/Brantley 

Wildlife Management Areas; Fiscal Year 

2013 Budget Request Development; Open 

Gate Program Review and Approval of 

FY 2012 Fee Schedule; General Public 

Comments(Comments limited to 3 Minutes); 

Closed Executive Session; and Update on H 

Bar V Conservation Easement Purchase. 

The following rules are available for public 

comment and discussion by the Commission: 

• Proposed Amendments to the 

Hunting and Fishing Application Rule, 

19.31.3, NMAC; and 

• Proposed Amendments to the 

Falconry Rule, 19.35.1, NMAC. 

A copy of the agenda and any of the affected 

rules can be obtained from the Office of 

the Director, New Mexico Department of 

Game and Fish, P.O. Box 25112, Santa Fe, 

New Mexico 87504 or on the Department's 

website. This agenda is subject to change 

up to 24 hours prior to the meeting. Please 

contact the Director's Office at (505) 476-

8008, or the Department's website at ~ 

wildljfe state om us for updated infonnation. 

If you are an individual with a disability who 

is in need of a reader, amplifier, qualified 

sign language interpreter, or any other 

form of auxiliary aid or service to attend 

or participate in the hearing or meeting, 

please contact Sonya Quintana at (505) 476-

8027. Please contact Ms. Quintana at least 
SUSANA MARTINEZ 

Governor 

JOHN A. SANCHEZ 

Lieutenant Governor 

June 28, 20 II 

NEW MEXICO 

ENVIRONMENT DEPARTMENT 

Office of General Counsel 

Harold Runnels Building 

1190 Saint Francis Drive (87505) 

PO Box 5469, Santa Fe, NM 87502-5469 

Phone (505) 827-2990 Fax (505) 827-1628 

www .nmenv .state.nm.us 

Ryan Flynn, General Counsel 

New Mexico Economic Development Department 

Small Business Regulatory Advisory Commission 

I I 00 St. Francis Drive 

Santa Fe, New Mexico 87501 

Via U.S Postal Service & E-Mail 

DAVE MARTIN 

Cabinet Secretary 

RAJ SOLOMON, P.E. 

Deputy Secretary 

Re: Proposed Amendments to Air Quality Regulations 20.2. 77, 20.2. 78, and 20.2.82 

NMAC; and 

Proposed Revisions to the State Implementation Plan for Infrastructure of Lead 

National Ambient Air Quality Standard 

Dear Chairman and Members ofthe Small Business Regulatory Advisory Commission: 

This letter is to provide you with notice of two upcoming hearings in the above captioned 

matters. The first involves updates to the incorporation by reference of federal New Source 

Performance Standards, National Emission Standards for Hazardous Air Pollutants, and 

Maximum Achievable Control Technology standards. The Air Quality Bureau does not believe 

that the proposed revisions will have an adverse affect on small businesses. Under the federal 

Clean Air Act, Sections Ill and 112, the U.S. EPA retains the authority to enforce these 

standards regardless of whether a state chooses to implement them. Therefore adoption ofthese 

standards as state regulations does not add to the regulatory burden of industry, but rather 

enables the state to assume the primary role in implementing the standards. 

The second hearing is to adopt an "infrastructure" state implementation plan with respect to new 

National Ambient Air Quality Standards (NAAQS) for lead. The Department is not proposing 

any additional regulations or requirements in conjunction with the proposed Lead Infrastructure 

SIP. The purpose of the propose Infrastructure SIP is to provide EPA with an overview of New 

Mexico's capabilities to implement, maintain, and enforce the lead NAAQS. The Air Quality 

Bureau therefore does not believe the SIP will have any adverse impact on small businesses. 
Small Business Regulatory Advisory Committee 

June 24, 20 II Page 2 of 2 

The hearings in these two matters will be held at the regularly scheduled meeting of the 

Environmental Improvement Board on August I, 2011, at 9:00 a.m. in Room 317 at the State 

Capital in Santa Fe, New Mexico. A copy of the hearing notices is attached. More information 

on the proposed revisions may be found at: 

htto://www.nmenv.state.nm.us/agb/prop regs.html. 

Please feel free to contact me with any questions. 

Sincerely, 

~ -::> _-;;:::.?~--..;:-='*'--

Bill Grantham 

Assistant General Counsel 
NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD 

NOTICE OF PUBLIC MEETING AND STATE IMPLEMENTATION PLAN REVISION 

The New Mexico Environmental Improvement Board ("Board") will hold a public hearing on August I, 

2011 at 9:00a.m. in Room 317 at the State Capital in Santa Fe, New Mexico. The purpose of the hearing is 

to consider the matter of EIB 11-07 (R), proposed revisions to the New Mexico State Implementation Plan 

(SIP) under Section 110(a)(2) of the Federal Clean Air Act (CAA) for the revised National Ambient Air 

Quality Standard (NAAQS) for Lead. 

The proponent of this regulatory adoption and revision is the New Mexico Environment Department 

("NMED"). 

The purpose of the public hearing is to consider and take possible action on a petition from NMED 

regarding implementation of the federally promulgated revisions to the NAAQS for lead that were adopted 

by the U.S. Environmental Protection Agency (EPA) in November of2008. Section IIO(aX2) of the 

CAA requires states to submit to the EPA Administrator an "Infrastructure SIP" that addresses the 

requirements of sections IlO(a)(2)(A)--(M) of the CAA within 3 years after the promulgation of a NAAQS. 

This SIP is a compilation of elements that demonstrates how the State of New Mexico will implement, 

maintain and enforce the revised lead NAAQS. The NMED will host an informational open house on the 

proposed Lead Infrastructure SIP at the NMED Air Quality Bureau Office, 1301 Siler Rd, Building B, 

Santa Fe, New Mexico 87507, from I 2:00p.m.-3:00p.m. on June 6, 2011. 

The proposed Lead Infrastructure SIP revision may be reviewed during regular business hours at the 

NMED Air Quality Bureau office, 1301 Siler Road, Building B, Santa Fe, New Mexico. Full text of 

NMED's proposed SIP revision is available on NMED's web site at www.nmenv.state.nm.us, or by 

contacting Gail Cooke at (505) 476-4319 or gail.cooke@state.nm.us. 

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

Improvement Board), the Environmental Improvement Act, Section 74-1-9 NMSA 1978, the Air Quality 

Control Act, Section 74-2-6 NMSA 1978, and otl1er applicable procedures. 

All interested persons will be given reasonable opportunity at the hearing to submit relevant evidence, data, 

views and arguments, orally or in writing, to introduce exhibits, and to examine witnesses. Persons 

wishing to present technical testimony must file with the Board a written notice of intent to do so. The 

notice of intent shall: 

(1) identitY the person for whom the witness(es) will testit)'; 

(2) identitY each technical witness that the person intends to present and state the qualifications of the 

witness, including a description of their education and work background; 

(3) summarize or include a copy of tl1e direct testimony of each technical witness and state the anticipated 

duration of the testimony of that witness; 

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

(5) attach the text of any recommended modifications to the proposed new and revised regulations. 

Notices of intent for the hearing must be received in the Office of the Board not later than 5:00pm on July 

15, 2011, and should reference the docket number, EIB 11-07 (R), and the date of the hearing. Notices of 

intent to present technical testimony should be submitted to: 

Felicia Orth, Acting Board Administrator 

Office of the Environmental Improvement Board 

Harold Runnels Building 

1190 St. Francis Dr., Room 3056-N 

Santa Fe, NM 87502 

Phone: (505) 827-0339, Fax (505) 827-2836 
Any member of the general public may testifY at the hearing. No prior notification is required to present 

non-technical testimony at the hearing. Any such member may also offer exhibits in connection with his 

testimony, so long as the exhibit is not unduly repetitious of the testimony. 

A member of the general public who wishes to submit a written statement for the record, in lieu of 

providing oral testimony at the hearing, shall file the written statement prior to the hearing, or submit it at 

the hearing. 

Persons having a disability and needing help in being a part of this hearing process should contact Judy 

Bentley by July 15, 2011 at the NMED, Personnel Services Bureau, P.O. Box 26110, 1190 St. Francis 

Drive, Santa Fe, New Mexico, 87502, telephone 505-827-9872. TOY users please access her number via 

the New Mexico Relay Network at 1-800-659-8331. 

The Board may make a decision on the proposed revised regulations at the conclusion of the hearing, or the 

Board may convene a meeting at a later date to consider action on the proposal. 
NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD 

NOTICE OF PUBLIC MEETING AND RULEMAKING HEARING 

The New Mexico Environmental Improvement Board ("Board") will hold a public hearing on August I, 

201 1 at 9:00a.m. at the State Capitol Building, Room 317, 490 Old Santa Fe Trail, Santa Fe NM 87501. 

The purpose of the hearing is to consider the matter of EIB 11-04 (R) proposed revisions to Air Quality 

Control Regulations 20.2.77 NMAC (New Source Performance Standards), 20.2.78 NMAC (Emission 

Standards for Hazardous Air Pollutants) and 20.2.82 NMAC (Maximum Achievable Control Technology 

Standards for Source Categories of Hazardous Air Pollutants). 

The proponent of this regulatory adoption and revision is the New Mexico Environment Department 

("NMED"). 

NMED proposes to revise 20.2.77 NMAC to incorporate by reference federal New Source Performance 

Standards, 20.2.78 NMAC to incorporate by reference federal National Emission Standards for Hazardous 

Air Pollutants, and 20.2.82 NMAC to incorporate by reference federal Maximum Achievable Control 

Technology Standards for Source Categories. 

The proposed revised regulations may be reviewed during regular business hours at the NMED Air Quality 

Bureau office, 1301 Siler Rd. building B, Santa Fe, New Mexico 87507. Full text ofNMED's proposed 

revised regulations are available on NMED's web site at www.nmenv.sta!e.nm.us, or by contacting Adam 

Keasler at (505) 476-5559 or adam.keaster@state.nm.us. 

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

Improvement Board), the Environmental Improvement Act, Section 74-1-9 NMSA I 978, the Air Quality 

Control Act Section, 74-2-6 NMSA 1978, and other applicable procedures. 

All interested persons will be given reasonable opportunity at the hearing to submit relevant evidence, data, 

views and arguments, orally or in writing, to introduce exhibits, and to examine witnesses. Persons 

wishing to present technical testimony must file with the Board a written notice of intent to do so. The 

notice of intent shall: 

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

(2) identify each technical witness that the person intends to present and state the qualifications of the 

witness, including a description of their education and work background; 

(3) summarize or include a copy of the direct testimony of each technical witness and state the anticipated 

duration of the testimony of that witness; 

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

(5) attach the text of any recommended modifications to the proposed new and revised regulations. 

Notices of intent for the hearing must be received in the Office of the Board no later than 5:00pm on July 

15,2011, and should reference the docket number, EIB I 1-04 (R), and the date of the hearing; Notices of 

intent to present technical testimony should be submitted to: 

Felicia Orth, Acting Board Administrator 

Office of the Environmental Improvement Board 

Harold Runnels Building 

1190 St. Francis Dr., Room 3056-N 

Santa Fe, NM 87502 

Phone: (505) 827-0339, Fax (505) 827-2836 

Any member of the general public may testify at the hearing. No prior notification is required to present 

non-technical testimony at the hearing. Any such member may also offer exhibits in connection with his 

testimony, so long as the exhibit is not unduly repetitious of the testimony. 
A member of the general public who wishes to submit a written statement for the record, in lieu of 

providing oral testimony at the hearing, shall file the written statement prior to the hearing, or submit it at 

the hearing. 

Persons having a disability and needing help in being a part of this hearing process should contact Judy 

Bentley by July 15,2011 at the NMED, Human Resources Bureau, P.O. Box 26110, 1190 St. Francis 

Drive, Santa Fe, New Mexico, 87502, telephone 505-827-9872. TDY users please access her number via 

tl1e New Mexico Relay Network at 1-800-659-8331. 

The Board may make a decision on the proposed revised regulations at the conclusion of the hearing, or the 

Board may convene a meeting after the hearing to consider action on the proposal. 
STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

IN THE MATTER OF PROPOSED 

AMENDMENTS TO AIR QUALITY REGULATIONS 

20.2.77, 20.2.78, AND 20.2.82 NMAC 

NMED'S PROPOSED 

No. EIB No. 11-04 (R) 

ORDER AND STATEMENT OF REASONS 

FOR ADOPTION OF SIP REVISIONS 

This matter comes before the New Mexico Environmental Improvement Board ("Board") 

upon a petition filed by the New Mexico Environment Department ("NMED" or "Department"), 

proposing revisions to 20.2.77, 20.2.78, and 20.2.82 NMAC. The Board heard testimony from 

the Department and admitted exhibits into the record. On August 1, 2011 the Board deliberated 

and voted to adopt the proposed amendments for the reasons that follow: 

STATEMENT OF REASONS 

1. The federal Clean Air Act ("CAA'') requires the U.S. Environmental Protection Agency 

("EPA") to promulgate standards of performance for new stationary sources. CAA § 111 

( 42 U.S.C. § 7411 ). Regulations promulgated under this authority are known as New 

Source Performance Standards ("NSPS") and are contained in 40 C.F.R. Part 60. 

2. CAA § lll(c) provides for delegation to states of the authority to implement and enforce 

the standard promulgated under Section 111. 42 U.S.C. § 74ll(c). 

3. CAA § 112 requires the EPA to promulgate regulations governing hazardous au 

pollutants. 42 U.S.C 7412. Regulations promulgated under this section are known as 

National Emission Standards for Hazardous Air Pollutants ("NESHAP"), contained in 40 

Effi No. 11-04 Proposed Statement of Reasons and Order 

Page I of3 
C.F.R. Part 61; and Maximum Achievable Control Technology "(MACT") standards for 

hazardous air pollutants, contained in 40 C.F.R. Part 63. 

4. CAA § 112 (!)(I) provides for delegation to states of authority to implement and enforce 

standards promulgated under Section 112. 42 U.S.C. 7412(1) (!). 

5. In 1985, the EPA approved delegation of authority to New Mexico to implement and 

enforce the NSPS and NESHAP. 

6. In 1995, the EPA approved delegation of authority to New Mexico to implement and 

enforce the MACT standards. 

7. New Mexico incorporates the federal standards contained in 40 C.F.R Parts 60, 61, and 

63 into the New Mexico Administrative Code ("NMAC") at 20.2. 77, 2.2. 78, and 20.2.82 

NMAC, respectively. 

8. The New Mexico Environment Department ("NMED") periodically petitions the Board 

to update the dates of incorporation of the federal standards in 20.2. 77, 2.2. 78, and 

20.2.82 NMAC, in order to incorporate recently promulgated revisions to the federal 

standards. 

9. Pursuant to 20.1.300.A NMAC, any person may petition the Board for amendment of 

regulations within the jurisdiction of the Board. 

10. On March 18, 2011 NMED filed a petition with the Board for a public hearing in this 

matter. 

II. On April4, 2011, at a meeting conducted in compliance with the Open Meetings Act and 

other applicable requirements, the Board granted the Department's request for a hearing. 

12. On May 18,2011, Notice of Hearing was published in the Albuquerque Journal (in 

English and Spanish). See NMED Exhibit lOa 

EIB No. 11-04 Proposed Statement of Reasons and Order 

Page 2 of3 
13. On May 31,2011, Notice of Hearing was published in the New Mexico Register. See 

NMED Exhibit I Ob 

14. NMED filed a Notice of Intent to Present Technical Testimony (NOI) on July 15, 20 II, 

in accordance with 20.1.1.302 NMAC. 

15. A hearing was held in this matter on August I, 20 II in Santa Fe, New Mexico. 

16. The Board has the authority to approve these proposed amendments pursuant to NMSA 

1978 § 74-2-5.C. 

17. The standards adopted by this regulatory change are federal standards, and therefore by 

definition are no more stringent but at least as stringent as the federal standards, in 

compliance with NMSA 1978 § 74-2-5.C (2). 

18. The proposed amendments satisfy the statutory requirements of the Air Quality Control 

Act, NMSA 1978, Section 74-2-5.E. 

19. The notice and hearing requirements ofNMSA 1978 Section 74-2-6 and 20.1.1 NMAC 

were satisfied in this rulemaking process. 

20. The proposed amendments are adopted for any or all of the reasons stated above. 

ORDER 

By majority vote of a quorum of the Board members, the proposed regulatory revisions 

were approved by the Board on August I, 2011. Amendments to 20.2.77, 20.2.78 and 20.2.82 

NMAC, with any appropriate corrections of typographical errors, or formatting shall be filed 

with the New Mexico State Records Center, and shall be submitted as expeditiously as possible 

by the Department to the EPA for approval of delegation authority. 

On Behalfofthe Board 

EIB No. 11-04 Proposed Statement of Reasons and Order 

Page 3 of3 

Dated: __________ _ 
EIB HEARING, RE· AIR QUALITY REGS, 8/1/11 

1 

2 

3 

STATE OF NEW MEXICO 

ENVIRONMENTAL IMPROVEMENT BOARD 

No. EIB ll-04(R) 

4 IN THE MATTER OF PROPOSED 

AMENDMENTS TO AIR QUALITY REGULATIONS 

5 20.2.77, 20.2.78 AND 20.2.82 NMAC 

6 

7 

8 

9 

10 

11 

12 

13 TRANSCRIPT OF PROCEEDINGS 

14 

15 BE IT REMEMBERED that on the 1st day of 

16 August, 2011, the above-entitled matter came on for 

17 hearing before the New Mexico Environmental Improvement 

18 Board, taken at the State capitol Building, Room 307, 

19 Santa Fe, New Mexico, at the hour of 10:14 a.m. 

20 

21 

22 

23 

24 

25 

1 A P P E A R A N C E 5 

2 For the Environmental Improvement Board: 

3 

4 

5 

6 

DEBORAH PEACOCK 

GREGORY H. FULFER 

JAMES R. CASCIANO, Hearing Officer 

JOHN MICHAEL VDLKERDING 

TIMOTHY L. MORROW 

JEFFREY W. BRYCE 

ELIZABETH RYAN 

7 STEPHEN VIGIL 

Assistant Attorney General 

8 Civil Division 

Office of the Attorney General 

9 Post office Drawer 1508 

santa Fe, New Mexico 87504-1508 

10 (505) 827-6040 

svigil@nmag.gov 

11 

12 For the Environmental Protection Division: 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

BILL GRANTHAM 

Assistant General Counsel 

Office of General Counsel 

New Mexico Environment Department 

1190 st. Francis Drive 

santa Fe, New Mexico 87505 

(505) 827-2824 

bill .grantham@state.nm.us 

1 

2 

I N D E X 

3 WITNESSES: 

4 ADAM KEASTER and RITA BATES 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

1 

2 

3 NMED: 

oirect Examination of Adam Keaster 

by Mr. Grantham 

Examination by the Board 

EXHIBITS 

4 1. Resume of Adam Keaster 

5 2. written Testimony of Adam Keaster 

6 3. Proposed Amendments to 20.2.77 NMAC 

7 4. 

8 5. 

9 6. 

10 

11 7. 

12 

13 8. 

Proposed Amendments to 20.2.78 NMAC 

Proposed Amendments to 20.2.82 NMAC 

List of FR Notices under Part 77 

(40 CFR 60) and Part 82 (40 CFR 63) 

Narrative summary Federal Register 

Notices Affected 

Federal Register Notices (on CD only) 

14 9a. Delegation of Authority Letter (NSPA 

15 and NESHAP) 

16 9b. Delegation of Authority Letter (MACT) 

17 lOa. public Notice (Albuquerque Journal, 

18 spanish/English) 

19 lOb. Public Notice (New Mexico Register) 

20 11. Letter to small Business Advisory 

21 commission 

22 12. Proposed Statement of Reasons for 

23 Adoption of Rules 

24 

25 

KATHY TOWNSEND COURT REPORTERS 

505-243-5018 

PAGE 

7 

11 

ADMITTED 

11 

11 

11 

11 

11 

11 

11 

11 

11 

11 

11 

11 

11 

11 
EIB HEARING, RE· AIR QUALITY REGS, 8/1/11 

1 MR. CASCIANO: Good morning. 

2 "'Y name is Jim Casciano, and I was designated 

3 by the Environmental Improvement Board to act as the 

4 Hearing Officer in this matter. 

5 This hearing is being held to consider 

6 proposed amendments to incorporate newly promulgated 

7 federal standards within the air quality programs for 

a which authority has been delegated to New Mexico by the 

9 us Environmental Protection Agency. The rulemaking 

10 petition was filed by the Environment Department and 

11 docketed by the administrator as EIB 11-04. 

12 The hearing will be conducted in accordance 

1 the Environment Department. 

2 And with me today are Adam Keaster, who is an 

3 environmental analyst with the Planning section of the 

4 Air Quality Control Bureau, and Rita Bates, who is the 

5 chief of the Planning section of the Bureau. 

6 Testimony was prefiled with a notice of 

7 intent. unlike the petitions for hearing that you just 

8 granted, this matter is relatively uncontroversial. so 

9 I would like to proceed with a witness, if I may. 

10 MR. CASCIANO: Please do. 

11 MR. GRANTHAM: Mr. Keaster, please state your 

12 name for the record. 

13 with the Board's rulemaking procedures set out in 20.1.1 13 THE REPORTER: One moment, please. 

14 NMAC. Pursuant to those procedures, I wi 11 conduct the 

15 hearing so as to provide a reasonable opportunity for 

16 all the persons to be heard without making the hearing 

17 unreasonably lengthy. 

18 The Rules of Civil Procedure and the Rules of 

19 Evidence do not apply, but I will make whatever orders 

20 are necessary to preserve decorum. 

21 All testimony will be taken under oath, and 

22 all persons giving testimony will be subject to 

23 cross-examination by any other person in attendance on 

24 the subject matter of their testimony and on matters 

25 affecting their credibility. I may limit 

6 

1 cross-examination if necessary to avoid harassment, 

2 intimidation or repetition. 

3 This hearing is being recorded and transcribed 

4 by cheryl Arreguin of Kathy Townsend court Reporters. 

5 You may obtain a copy of the transcript directly from 

6 the court reporter. It also eventually becomes a public 

7 record and is viewable in the office of the Board 

8 administrator. 

9 If you have not signed in, please do so, 

10 regardless of whether you wish to present testimony. 

11 

12 1t now. 

13 

If you have a phone or pager, please silence 

Board members, the file contains a Petition 

14 for Hearing and the Department's Notice of Intent to 

15 Present Technical Testimony. 

16 No other person has entered an appearance or 

17 submitted written comment to the administrator. 

18 Mr. Grantham, please make your appearance and 

19 introduce your witnesses. 

20 Are there any preliminary matters before we 

21 begin? 

22 Mr. Grantham. 

23 MR. GRANTHAM: ·Good morning, Mr. Hearing 

14 

15 

16 

ADAM KEASTER and RITA BATES 

having been first duly sworn or affirmed, were 

examined and testified as follows: 

17 DIRECT EXAMINATION OF ADAM KEASTER 

18 BY MR. GRANTHAM: 

19 Q. Mr. Keaster, please state your name for the 

20 record. 

21 A. My name is Adam Keaster, K-E-A-S-T-E-R. 

22 Q. And where are you employed? 

23 A. I'm employed with the New Mexico Environment 

24 Department Air Quality Bureau in the control Strategies 

25 section. 

1 

' 

Q. And how long have you been with the Bureau? 

2 A. I've been with control Strategies since 

3 November of 2008. 

4 Q. What are your duties with the control 

5 Strategies section? 

6 A. MY duties consist of regulatory revisions, 

7 development of new regulations and public outreach. 

8 Q. And did you provide a resume in the notice of 

9 intent? 

10 

11 

A. Yes. It is included in EXhibit NMED 1. 

Q. And did you submit written testimony for this 

12 hearing? 

13 A. Yes. I prepared written testimony which is 

14 included as Exhibit NMED 2 in the notice of intent. 

15 Q. Do you adopt that testimony under oath here 

16 today? 

17 

18 

A. Yes, 1 do. 

Q. And could you briefly describe the 

19 Department's proposed amendments? 

20 A. The Department's proposing revision to Parts 

21 77, 78 and 82. The proposed revisions are contained in 

22 Exhibits NMED 3, 4 and 5, respectively. 

23 The purpose of the proposed revisions is to 

24 officer, Madam Chair, members of the Board. 24 incorporate by reference new rules, corrections, 

25 My name is Bill Grantham, I'm an attorney with 25 revisions and amendments that the Environmental 

KATHY TOWNSEND COURT REPORTERS 
EIB HEARING, RE· AIR QUALITY REGS, 8/1/11 

1 Protection Agency has made to the federal New source 

2 Performance Standards, NSPS, to NESHAP, National 

3 Emission standards for Hazardous Air Pollutants, NESHAP, 

4 and to Maximum AChievable control Technology standards 

5 for source categories of hazardous air pollutants, MACT. 

6 The NSPS, NESHAP and MACT are already 

7 incorporated by reference in Parts 77, 78 and 82, 

8 respectively. 

9 EPA's approval letters of the state's 

10 delegated authority are contained in Exhibits NMED 9a 

11 and 9b. 

12 The proposed amendments to Parts 77, 78 and 82 

13 are date changes. The proposed amendments -- the 

14 proposed date changes will reflect the most recent date 

15 that the federal rules have been incorporated in the 

16 state rules. 

17 The Board's adoption of the new amended NSPS, 

18 NESHAP and MACT ensures that the Division has the 

19 regulatory authority to implement the federal 

20 requirements pursuant to the delegation agreement with 

21 EPA. If New Mexico chooses not to adopt these 

22 amendments, EPA Region 6 will maintain the regulatory 

23 authority to enforce the relevant standards correctly. 

24 The Federal Register notices where the NSPS, 

25 NESHAPS and MACTs that the Department is proposing for 

10 

1 adoption were published between February 1st, 2009, and 

2 December 31st, 2010. A complete list of the Federal 

3 Register notices can be found in Exhibit NMED 6. 

4 surnmar'ies of these notices can be found in Exhibit NMEO 

5 7. Complete copies of the notices are contained within 

6 Exhibit NMED 8, which is on the co only. 

7 Q. And, Mr. Keaster, was the public provided ~th 

a a notice of today's hearing? 

9 A. Yes. Public notices were published in the New 

10 Mexico Register and in the Albuquerque Journal in both 

11 English and Spanish. Public notices are included as 

12 Exhibit NMEO lOa and lOb. 

13 In addition, the small Business Regulatory 

14 Advisory Commission was also provided notice. This 

15 letter is included as Exhibit NMED 11. 

16 Thank you. 

17 MR. GRANTHAM: with that, I have no further 

1a questions. 

19 Mr. Hearing Officer, I would just note that 

20 also in the NOI is NMED Exhibit 12, which is a Proposed 

21 Statement of Reasons for Adoption of Rules. 

22 so I would move for admission of Exhibits NMED 

23 1 through 12 and would stand for questions. 

24 MR. CASCIANO; And have all those been 

25 admitted, then? 

1 

2 

3 

4 

MS. ORTH: You state that they are. 

MR. CASCIANO: Okay. 

Those exhibits are admitted. 

MR, GRANTHAM: Thank you. 

(Exhibits NMED 1 through 12 admitted into 

evidence.) 

11 

5 

6 

7 MR. CASCIANO: Any questions from the Board? 

8 EXAMINATION 

9 BY THE BOARD: 

10 MS. PEACOCK: I have a legal question. 

11 It seems like we're going to be seeing this 

12 every year, with just -- because all that's being 

13 changed is the date to reflect the current. 

14 Is it possible just to say "as amended from 

15 time to time," since we are subject to these EPA rules 

16 anyway? 

17 MR. GRANTHAM: Madam Chair, it would be 

18 possible to simply incorporate the regulations by 

19 reference without any date of amendment -- without any 

20 date of incorporation, which would effectively make any 

21 future changes to these regulations automatically 

22 incorporated into our regulations. 

23 The EIB has -- in the past has chosen not to 

24 do that because they wanted to have the ability to 

25 decide whether or not particular revisions would be 

1 adopted. 

2 

12 

But under -- under the NMAC rules governing 

3 rules, incorporation of federal regulations by reference 

4 automatically incorporates future changes. 

5 MS. BATES: I'd also like to comment on that, 

6 Madam Chair. 

7 There are some of the -- if you look at these 

a regulations, you will notice that we have specifically 

9 not adopted certain federal requirements. That's 

10 because we simply don't have the expertise on staff, for 

11 example, for the radionuclide NESHAPs. 

12 so from time to time, we may decide not to 

13 adopt an NSPS or a NESHAP or a MACT determining on what 

14 it is and let EPA go ahead and take delegation -- or go 

15 ahead and implement that themselves in New Mexico. 

16 so even though it's -- you know, it does take 

17 some time, it's generally a fairly short hearing, it's 

18 fairly, you know, to the point, but from time to time, 

19 there are some things that we feel that we can't, as an 

20 agency, adopt. 

21 

22 

MR. CASCIANO: Okay. 

MR. GRANTHAM: Madam Chair, just to follow up 

23 on your question, the regulation is at 1.24.10.22B(3) 

24 NMAC, where it says, "References to us law shall be 

25 deemed to be references to the current version of such 

KATHY TOWNSEND COURT REPORTERS 
EIB HEARING, RE· AIR QUALITY REGS, 8/1/11 

13 

1 law, including subsequent amendments, unless otherwise 

2 expressly stated in the rule." 

3 But for the policy reasons Ms. Bates has 

4 described, that hasn't been the practice to date. 

5 MS. PEACOCK: So then I'll ask the next 

6 question. Why December 31st and not some later date 

7 or -- and some -- I didn't see where these were admitted 

8 up until that date. 

9 

10 

so why did you pick that date? 

MS. BATES: It takes a while to go through 

11 these and look at them all, and we have been working on 

12 this for several months. AS you know, it takes us some 

13 time to work on these and see everything it is and talk 

14 as an agency about our ability to implement these and 

15 then come to you and request a hearing and go through 

16 public notice. 

17 so that's why we picked that date. 

18 we have been -- we try to get to you every 

19 year on these. sometimes it's every couple of years. 

20 so for -- just because that's when we decided, okay, 

21 let's see, everything as of that date, and we started 

22 looking at this in January to determine which of 

23 these -- you know, we work with our small business 

24 assistance program to determine whether we could 

25 actually implement these regulations as an agency. 

1 

14 

MS. RYAN: I guess I'm -- since you evidently 

2 come in front of us very often, and we're a new Board, 

3 and I'm not familiar with what new EPA standards and 

4 revisions that they made, so incorporation by reference 

5 certainly is easy as far as the Department's concerned, 

6 but I just don't know what those are on the EPA side, 

7 and -- unless there's a specific amendment -- or --

8 excuse me -- exhibit you can refer me to that I've 

9 missed. 

10 I know there's this big spreadsheet, and, I 

11 guess, is that -- is that your explanation for all of 

12 the -- what the EPA -- your EPA summaries on the 

13 spreadsheet is what you're saying is what these 

14 incorporation by reference would include? Is that what 

15 you're saying? 

16 MR. KEASTER: Yeah. That's correct. It just 

17 became onerous to include the whole federal reference 

18 notice. so --

19 

20 

MS. RVAN: Right, right. 

MR. CASCIANO: Any other Board member 

21 questions? 

22 MR. BRVCE: I just have a statement. 

23 I appreciate you guys coming before us, to 

24 have to come before us and review everything that's 

15 

1 not something that's just going to fall by the wayside. 

2 And the su11111ary you put here on what's 

3 changed, I thought, was good. so I thought it was very 

4 well done. 

5 MR. KEASTER: Thank you. 

6 MR. MORROW: I guess, are all these changes --

7 do you believe all these changes that we're making is 

8 totally beneficial to New Mexico? 

9 MS. BATES: I think that that question -- some 

10 of these changes don't even apply to New Mexico. we 

11 don't have these kinds of companies at this time. 

12 so, you know, EPA, when they make these 

13 rules -- they go through an extensive public comment 

14 process, they work with small businesses, they work with 

15 companies across the country in developing these rules. 

16 so it's really not our place to say, you know, in New 

17 Mexico these shouldn't apply, because in New Mexico 

18 these will apply, once EPA adopts them as federal law. 

19 MR. MORROW: so you don't see any hindrances 

20 of these forthcoming to New Mexico that we're adopting. 

21 MS. BATES: No, because they're already in 

22 effect. 

23 MR. VOLKERDING: To clarify, just to make 

24 sure, the federal government is already implementing 

25 these, so they're already applicable if those sources 

1 existed in the state. They're already under those 

2 regulations. 

16 

3 This merely allows the state to implement that 

4 regulation versus federal EPA. But the regulations --

5 the requirements themselves are already on the books. 

6 would that be correct? 

7 

8 

9 

10 Board? 

MS. BATES: That's correct. 

MR. KEASTER: That's right. 

MR. CASCIANO: No other questions from the 

11 We're done with your direct testimony, 

12 Mr. Grantham? 

13 

14 

MR. GRANTHAM: Yes, Mr. Hearing officer. 

MR. CASCIANO: No one else has submitted a 

15 notice of intent to testify. 

16 Is there anyone who would like to make 

17 nontechnical public comment at this time? 

18 seeing none, Mr. Grantham, would you like to 

19 make a closing statement? 

20 MR. GRANTltAM: Mr. Hearing officer, I would 

21 just simply request that the Board adopt the revisions 

22 to Parts 77, 78 and 82 as proposed by the Department for 

23 the reasons given. 

24 Thank you. 

25 changed, kind of keeps your feet to the fire that it's 25 MR. CASCIANO: Okay. 

KATHY TOWNSEND COURT REPORTERS 
EIB HEARING, RE: AIR QUALITY REGS, 8/1/11 

17 

1 Is there any reason to leave the record open 

2 in this matter? 

3 Did you have a question, Member Bryce? 

4 MR. BRYCE: I move that we adopt. 

5 MR. CASCIANO: I'll turn it back over to the 

6 chair at this point for the motion. 

7 

8 

MS. PEACOCK: so we close the record now? 

MR. CASCIANO: Yes. 

9 This record is closed, then, and the hearing 

10 is adjourned. 

11 Thank you for participating. 

12 MR. GRANTHAM: Thank you. 

13 MS. PEACOCK: Okay. And we can deliberate 

14 now. 

And 'NOUl d you like to make 

MR. BRYCE: I move that we 

MS. PEACOCK: second? 

MR. FULFER: second. 

MS. PEACOCK: All in favor? 

(Simultaneous responses.) 

MS. PEACOCK: Any opposed? 

okay. 

Thank you very much. 

MR. GRANTHAM: Thank you. 

that motion again? 

adopt as requested. 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 (Proceedings adjourned at 10:28 a.m.) 

1 STATE OF NEW MEXICO ) 

2 ) ss. 

3 COUNTY OF BERNALILLO ) 

4 

5 

6 I, CHERYL ARREGUIN, the officer before whom the 

7 foregoing proceeding was taken, do hereby certify that 

8 the witnesses whose testimony appears in the foregoing 

9 transcript were duly sworn or affirmed; that I 

10 personally recorded the testimony by machine shorthand; 

11 that said transcript is a true record of the testimony 

12 given by said witnesses; that 1 am neither attorney nor 

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

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

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

16 or counsel employed by the parties hereto or financially 

17 interested in the action. 

18 

19 

20 

21 

·~~-SIGNED BY 

ccR Llcem~~~9UIN 

Expires: 12/31/2011 

22 My commission Expires: 12/12/11 

23 

24 

25 

KATHY TOWNSEND COURT REPORTERS 
EIB HEARING, RE: AIR QUALITY REGS, 8/1/11 

1 

1 6 edopt[7]-8:15, 2:8 CASCIANO 1131-

9:21, 12:13, 12:20, attorney (JJ- 6:25, 2:4, 5:1, 7:10, 10:24, 

16:21,17:4,17:16 18:12, 18:15 11:2,11:7,12:21, 

1)4)- 4:4, 8:1 o. 6 [3)- 4:9, 9:22, 10:3 adopted 121 - 12:1, August 111- 1 :16 14:20, 16:9,16:14, 

10:23, 11:5 60(1)- 4:10 12:9 Authority 121- 4:14, 16:25, 17:5,17:8 

1.24.10.22B(3(1)- 63[1)- 4:10 adopting 111 - 15:20 4:16 categories [11- 9:5 

12:23 Adoption 121- 4:23, authority (41 - 5:8. CCR 111-18:20 

10:14[1) -1:19 7 10:21 9:10, 9:19,9:23 CD 121-4:13, 10:6 

10:28 [1)- 17:25 adoption 121-9:17, automstlcally 121 - certain 111- 12:9 

108 [2)- 4:17, 10:12 

7(3)- 3:6,4:11, 10:5 10:1 11:21,12:4 certalnly(1J- 14:5 

10b[2)- 4:19, 10:12 adopte[1) -15:18 avoid 111- 6:1 certify 111 - 18:7 

11 [17)- 3:7, 4:4, 4:5, n I5J- 4:9, 8:21, 9:7, Advisory 121- 4:20, CFR 121-4:10 

4:6, 4:7,4:8, 4:10, 9:12, 16:22 

10:14 8 Chair[5J- 6:24, 

4:12, 4:13,4:15,4:16, 78[4)- 8:21,9:7, Affected 111-4:12 11:17,12:6,12:22, 

4:18,4:19,4:20,4:21, 9:12, 16:22 

affecting 111- 5:25 17:6 

4:23, 10:15 affirmed121 -7:15, Bates 121- 7:4, 13:3 changed 13! - 11:13, 

11-Q4[1)- 5:11 8 18:9 BATES 171- 3:4, 14:25, 15:3 

11-04(R 111- 1:3 agency[3J- 12:20, 7:14, 12:5, 13:10, changes 171 - 9:13, 

1190[1)- 2:15 6[2)- 4:13, 10:6 13:14, 13:25 15:9, 15:21, 16:7 9:14,11:21.12:4, 

12[4)- 4:22, 10:20, 82[5)- 4:10, 8:21, Agency[2)- 5:9,9:1 BE(l)-1:15 15:6, 15:7, 15:10 

10:23, 11:5 9:7, 9:12, 16:22 agreement 111 - 9:20 became[!) -14:17 CHERYL 111 - 18:6 

12112111(1)- 18:22 827-2824[1)- 2:16 ahead 121 - 12: 14, becomes 111- 6:6 Cheryl111 - 6:4 

12131/2011 [1)- 827-6040 (1)- 2:10 12:15 begin 111- 6:21 chief 111- 7:5 

18:20 87504-1506 [1)- 2:9 AIR111 -1:4 beneftclal 111- 15:8 chooses [IJ- 9:21 

1508 [1) - 2:9 87505 [1)- 2:15 air 12J- 5:7, 9:5 BERNALILLO 111 - chosen PI- 11:23 

181[2) -1:15, 10:1 Air 131 - 7:4, 7:24, 9:3 18:3 Civil 121- 2:8, 5:18 

9 Albuquerque 121- between 111- 10:1 clarlly[1J- 15:23 

2 4:17, 10:10 big [1)- 14:10 close 111 - 17:7 

allows 111- 16:3 Blll(1) - 6:25 closed 111- 17:9 

98)2)- 4:14, 9:10 amended 121- 9:17, BILL 111- 2:13 closlngJ•J-16:19 2 [2)- 4:5, 8:14 9b[2)·4:16,9:11 11:14 blll.grantham@ coming 111- 14:23 20.1.1 [1)- 5:13 

amendment 121 - state.nm.usr11- 2:16 commentr4J- 6:17, 20.2.ni2J-1:5,4:6 A 11:19, 14:7 BOARD 121- 1:1, 12:5, 15:13, 16:17 20.2.78)2) -1:5,4:7 Amendments fJI - 11:9 Commission (JI - 20.2.82)2)- 1 :5, 4:8 Board 1121 - 1:18. 

2008)1) - 8:3 a.mJ2) -1:19,17:25 4:6, 4:7, 4:8 

2:2, 3:7, 5:3, 6:7, 

4:21,10:14,18:22 

2009)1) - 10:1 ability 121 - 11:24. amendments 171 - 6:13, 6:24, 11:7, 14:2, companies 121 -

2010[1)-10:2 13:14 5:6,8:19, 8:25,9:12, 

14:20,16:10,16:21 15:11,15:15 

2011 [1) -1:16 above-entitled 111- 9:13,9:22, 13:1 

Board's 121 - 5: 1 3, complete 121- 10:2, 

AMENDMENTS Ill- 10:5 21 [1)- 18:20 1:16 9:17 1:4 concemedr1J-14:5 accordance £11 - bookS(1J- 1 6:5 

3 5:12 analyst 111-7:3 

brlefly)1)- 8:18 conduct[1J- 5:14 

Achievable 111 - 9:4 AND111 -1:5 

BRYCE 141- 2:5, 

conducted 111 - 5:12 

Bel)!)- 5:3 anyway)IJ-11:16 

14:22, 17:4, 17:16 

consider (11- 5:5 

3)2)- 4:6, 8:22 action 121 - 18:14, appearance 121 - Bryce111- 17:3 

consist f1J- 8:6 

307[1)-1:18 18:17 6:16,6:18 

Bulldlngll)-1:18 

contained [JJ- 8:21, 

31st 121- 10:2. 13:6 ADAM 13!- 3:4, 7:14, applicable 111- 9:10, 10:5 

15:25 Bureau 141 - 7:4, 7:5, contains 111-6:13 7:17 7:24, 8:1 4 Adam (51- 3:5, 4:4, apply[4J- 5:19, 

Business 121 - 4:20, 

Control 151 - 7:4, 

4:5, 7:2, 7:21 15:10, 15:17, 15:18 

10:13 7:24, 8:2, 8:4, 9:4 

addltlon)ll -10:13 appreciate 111 - buslnes&(1J - 13:23 copies 111 - 1 0:5 

4 [21 - 4:7, 8:22 

adjourned 121 - 14:23 copy 111- 6:5 

40[2)- 4:10 approval111- 9:9 buslnesse&(lJ - 17:10, 17:25 15:14 correct[JJ-14:16, 

admlnistrator(JJ- ARREGUIN 111 - 18:6 

BY121 -7:18, 11:9 16:6, 16:7 

5 5:11, 6:8, 6:17 Arreguin 111- 6:4 corrections (11 ~ 

admission 111 ~ assistance 111 ~ 

c 8:24 

10:22 13:24 correctly 111- 9:23 5 [2) - 4:8, 8:22 

505[2)- 2:10,2:16 ADMITTED [1)- 4:2 Assistant 121- 2:7, Counsel 121 - 2:13, 

admitted [41- 10:25, 2:13 Capitol 111- 1 :18 2:14 

11:3,11:5.13:7 attendance 111 - 5:23 Casciano PI - 5:2 counsel121 - 1 8:13, 

Attorney 121- 2:7. 

KATHY TOWNSEND COURT REPORTERS 
EIB HEARING, RE: AIR QUALITY REGS, 8/1/11 

2 

18:16 Drtvell]-2:15 18:22 12:22, 16:13, 16:20, 8:14, 16:15 

country[1J- 15:15 duly121- 7:15, 18:9 explanation 111- 17:12, 17:24 lnterested(1J-18:17 

COUNTY [11· 18:3 dulles 121- 8:4, 8:6 14:11 Grantham 161 - 3:6, Intimidation 111 - 6:2 

couple[l]-13:19 expressly 111 - 13:2 6:18, 6:22, 6:25, Introduce 111-6:19 

Court Ill· 6:4 E e:xtensive[lJ-15:13 16:12, 16:18 ITilJ-1:15 

court 111- 6:6 GREGORY 111 - 2:3 

credibility 111- 5:25 

easy 111- 14:5 F gueeel3)-14:1, J cross 121 - 5:23, 6:1 14:11, 15:6 

cross-examination ellecl[lJ-15:22 guys 111- 14:23 

[2]- 5:23, 6:1 effectively 111 - falrly£21 -12:17, JAMES Ill • 2:4 

current£2!-11:13, 11:20 12:18 H January 111- 13:22 

12:25 EIBI3J·1:3, 5:11, fall [1] - 15:1 JEFFREY 111 - 2:5 

11:23 famlllar111- 14:3 Jim 111-5:2 

D EUZABETH 111 • 2:6 farlll-14:5 harassment f1J- 6:1 JOHN Ill· 2:4 

Emission 111 - 9:3 favor[ll- 17:19 Hazardous 111- 9:3 Journal121- 4:17, 

employed £41· 7:22, Fe[3)-1:19, 2:9, hazardOUS Ill • 9:5 10:10 

datei12J·9:13, 9:14, 7:23, 18:13, 18:16 2:15 heard 111- 5:16 

11:13,11:19,11:20, employee111 -18:15 Februarylli-10:1 hearing !121·1:17, K 

13:4, 13:6, 13:8, 13:9, enforce 111 - 9:23 Federal 141-4:11, 5:5, 5:12, 5:15, 5:16, 

13:17, 13:21 English 111 - 1 0:11 4:13,9:24, 10:2 6:3,7:7, 8:12, 10:8, 

DEBORAH 111- 2:3 ensure&(1J- 9:18 federal 1101 - 5:7, 12:17, 13:15, 17:9 K-E·A·S-T-E-R 111· 

December 121- 10:2, entered 111-6:16 9:1' 9:15,9:19, 12:3, Hearing 171 - 2:4, 7:21 

13:6 entitled 111- 1:16 12:9, 14:17, 15:18, 5:4,6:14, 6:23, 10:19, Kathy 111 - 6:4 

decide 121- 11:25, Environment (4)- 15:24, 16:4 16:13, 16:20 KEASTER 161- 3:4, 

12:12 2:14,5:10,7:1,7:23 feet 11]- 14:25 held Ill- 5:5 7:14, 7:17, 14:16, 

decided flJ- 13:20 environmental (1)- file 111- 6:13 hereby[l]-18:7 15:5, 16:8 

decorum fll - 5:20 7:3 flled[l]- 5:10 hereto 111 - 1 8:16 Keasler 181- 3:5, 4:4, 

deemed 111- 12:25 ENVIRONMENTAL fl nancially 111- hindrances 111 - 4:5,7:2,7:11,7:19, 

delegated ~~ - 5:8, Ill- 1 :1 18:16 15:19 7:21' 10:7 

9:10 Environmental {6] - flre[ll -14:25 hOUF[l]-1:19 keeps 111- 14:25 

Delegation [1]- 4:14 1:17, 2:2, 2:12, 5:3, flrst£1[·7:15 kind 11]- 14:25 

delegation !31 - 4:16, 5:9, 8:25 follow 111 - 12:22 I kind& Ill- 15:11 

9:20, 12:14 EPA [111 - 9:21, 9:22, follows !11·7:16 L dellberatell[-17:13 11:15,12:14,14:3, foragolng 121- 18:7, 

Department 161 - 14:6, 14:12, 15:12, 18:8 lmplemenl[s]- 9:19, 

12:15, 13:14, 13:25, 2:14,5:10,7:1,7:24, 15:18, 16:4 forthcoming 111 - 16:3 laWI3]·12:24, 13:1, 

9:25, 16:22 EPA's !11· 9:9 15:20 Implementing 111 - 15:18 

Department's (4}- eventually 111 - 6:6 FR 111· 4:9 15:24 leave 111- 17:1 

6:14,8:19,8:20, 14:5 evidence 111 - 11 :6 Francis111- 2:15 IMPROVEMENT 111- legai[1J·11:10 

describe ill· 8:18 Evldence111- 5:19 front[l[-14:2 1 :1 lengthy [1]- 5:17 

described 111- 13:4 evidently 111 - 14:1 FULFER 121 - 2:3, Improvement f3J - Letterl31- 4:14, 

designated 111- 5:2 Examination f1J- 17:18 1 :17, 2:2, 5:3 4:16,4:20 

detennlne (2]- 3:5 futura 121- 11:21, IN 111·1:4 letterllJ-10:15 

13:22, 13:24 EXAMINATION 121- 12:4 lnclude121- 14:14, letters 111 - 9:9 

detennlnlng 111 - 7:17, 11:8 14:17 License 111- 18:20 

12:13 examination [3]- G Included 141· 8:10, limit 111- 5:25 

developing 111- 3:7, 5:23, 6:1 8:14,10:11, 10:15 list 121- 4:9, 10:2 

15:15 examined fll- 7:16 Including 111- 13:1 lookl21·12:7,13:11 Generai(4J- 2:7, development 111- example Ill - 12:11 

2:8,2:13,2:14 Incorporate 131 - 5:6, looking 111- 13:22 

8:7 8XCUS8(1)- 14:8 

DIRECT(l]-7:17 Exhlblli6J- 8:10, generally 111 - 12:17 8:24, 11:18 

dlrect(IJ-16:11 8:14, 10:3, 10:4, 10:6, given 121- 16:23, Incorporated (31 - M 

Dlrecl[ll· 3:5 10:12, 10:15, 10:20 18:12 9:7, 9:15, 11:22 

dlractly 111- 6:5 exhlbH 111- 14:8 governing 111 - 12:2 Incorporates 111- machlne(lJ- 18:10 

government£1]- 12:4 

Division MACTi51· 4:16, 9:5, 131· 2:8, exhibits 111- 11 :3 

2:12, 9:18 Exhibits 141 - 8:22, 15:24 Incorporation {4] - 9:6,9:18, 12:13 

docketed 111- 5:11 9:10, 10:22, 11:5 granted ll[-7:8 11:20, 12:3, 14:4, MACT&ill- 9:25 14:14 

done(2J·15:4, existed 111 - 16:1 GRANTHAM [12[- Madam 141- 6:24, 

16:11 expertiser11-12:10 2:13,6:23,7:11,7:18, lnten1111· 6:14 11:17, 12:6, 12:22 

Drawer 111 - 2:9 Explres(2J- 18:20, 10:17,11:4,11:17, Intent 141 - 7:7, 8:9, maintain 111 - 9:22 

KATHY TOWNSEND COURT REPORTERS 
EIB HEARING, RE: AIR QUALITY REGS, 8/1/11 

3 

MATTER111 -1:4 9:2, 9:3, 9:6, 9:18, often[1]-14:2 6:20 R 

matten5l ~ 1:16, 5:4, 12:13 OMC8[1} ~ 15:18 prepared 111- 8:13 

5:24, 7:8, 17:2 NESHAP912l- 9:25, One111 -7:13 preseni[1J·6:10 

metiers 121 - 5:24, 12:11 OM8[1]-16:14 Presenl111- 6:15 radionucllde [tJ -

6:20 NEWi2J·1:1,18:1 onerousrtJ-14:17 preserve 111- 5:20 12:11 

Maximum 111- 9:4 new [51- 8:7, 8:24, open 111 - 17:1 Procedurertl- 5:18 really111- 15:16 

member111- 14:20 9:17, 14:2, 14:3 opportunity 111- procedures 121 - reason 111- 17:1 

MemberrtJ- 17:3 New(17J·1:17,1:19, 5:15 5:13, 5:14 reasonable It!- 5:15 

members 121- 6:13, 2:9,2:14,2:15, 4:19, opposed 111- 17:21 proceed 111- 7:9 reasons 121- 13:3, 

6:24 5:8, 7:23, 9:1, 9:21, ordera[11- 5:19 proceeding 121- 16:23 

merely 111 - 16:3 10:9, 12:15, 15:8, ORTH 111-11:1 18:7, 18:14 Reasons £21 - 4:22, 

MEXICO 121- 1:1, 15:10,15:16, 15:17, otherwise 111- 13:1 PROCEEDINGS 111- 10:21 

18:1 15:20 outreach 111 - 8:7 1:13 recent111- 9:14 

MexiC0[16J -1:17, newly 111 - 5:6 Proceedings £11 - recordm- 6:7, 7:12, 

1:19,2:9,2:14,2:15, nexll11·13:5 p 17:25 7:20,17:1,17:7,17:9, 

4:19,5:6, 7:23, 9:21, NMAC (7]- 1 :5, 4:6, process111 -15:14 18:11 

10:10, 12:15, 15:6, 4:7, 4:8, 5:14, 12:2, program 111- 13:24 recorded 121- 6:3, 

15:10, 15:17,15:20 12:24 PAGE 111 - 3:2 programs 111- 5:7 16:10 

MICHAEL 111 - 2:4 NMED 1131- 4:3, pager111·6:11 promulgated 111- refer111- 14:6 

mlaaed 111- 14:9 8:10, 8:14, 6:22, 9:10, Part121- 4:9, 4:10 5:6 reference m- 8:24, 

moment 111- 7:13 10:3, 10:4, 10:6, partlclpetlng 111 - PROPOSED 111- 1 :4 9:7,11:19,12:3,14:4, 

months[1J-13:12 10:12, 10:15, 10:20, 17:11 Proposed 151- 4:6, 14:14, 14:17 

morning (2]- 5:1, 10:22, 11:5 particular 111- 11:25 4:7, 4:8, 4:22, 10:20 References {11 -

6:23 NOI{1J - 1 0:20 parties 121- 18:14, proposed 181 - 5:6, 12:24 

MORROW 131 - 2:5, none(1J·16:18 18:16 6:19,8:21,8:23,9:12, references 111 -

15:6, 15:19 nontechnical 111 - Parte 1•1- 8:20, 9:7, 9:13,9:14, 16:22 12:25 

most 111- 9:14 16:17 9:12, 16:22 proposing 121 - 8:20, reflect 121- 9:14, 

motion 121- 17:6, NOTARY111- 18:19 pest (1]- 11:23 9:25 11 :13 

17:15 note111 -10:19 PEACOCK IBJ- 2:3, Protection {31 - 2:12, regardless 111 - 6:10 

move 131- 10:22, notice 1•1 - 7:6, 8:8, 11:10,13:5,17:7, 5:9, 9:1 Region 111 - 9:22 

17:4,17:16 8:14, 10:8,10:14, 17:13,17:17, 17:19, provide (2] - 5:15, Register 161 - 4:11, 

MR {331- 5:1, 6:23, 12:8, 13:16, 14:18, 17:21 8:8 4:13,4:19,9:24, 10:3, 

7:10,7:11,7:18, 16:15 Perfonnance [tJ- provided 121- 10:7, 10:10 

10:17,10:24,11:2, Notlca 131- 4:17, 9:2 10:14 regulation 121 -

11:4,11:7,11:17, 4:19,6:14 person 121 - 5:23, PUBLIC 111·18:19 12:23, 16:4 

12:21,12:22,14:16, notices [81 - 9:24, 6:16 public {81- 6:6, 8:7, REGULATIONS 111-

14:20, 14:22, 15:5, 10:3, 10:4, 10:5, 10:9, personally 111- 10:7,10:9,10:11, 1:4 

15:6, 15:19, 15:23, 10:11 18:10 13:16, 15:13, 16:17 regulations 191-8:7, 

16:8, 16:9, 16:13, Notices 131- 4:9, peraons121- 5:16, Public 121- 4:17, 11:18,11:21,11:22, 

16:14, 16:20, 16:25, 4:12, 4:13 5:22 4:19 12:3, 12:8, 13:25, 

17:4, 17:5, 17:8, November 111 - 8:3 Petition 111 - 6:13 published (2] - 10:1, 16:2, 16:4 

17:12, 17:16, 17:18, NSPA111- 4:14 petHion 111 - 5:1 0 10:9 Regulstory 111-

17:24 NSPS 151- 9:2, 9:6, petitions 111·7:7 purpose 111 - 8:23 10:13 

MS[15J·11:1,11:10, 9:17,9:24, 12:13 phone 111-6:11 purauant121- 5:14, regulatory {31 - 8:6, 

12:5,13:5,13:10, Number(11- 18:20 pick 111 - 13:9 9:20 9:19,9:22 

14:1,14:19,15:9, picked 111- 13:17 pulp] -15:2 relsted111 -18:13 

15:21, 16:7, 17:7, 0 place111- 15:16 relative111- 18:15 

17:13, 17:17, 17:19, Planning 121- 7:3, Q relatively 111- 7:8 

17:21 7:5 relevani[1J- 9:23 

oathi2J·5:21, 8:15 polnl121 -12:18, REMEMBERED 111 -

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OF!BJ-1:1,1:4, policy 111- 13:3 quaiHy 111 - 5:7 repetition 111- 6:2 

1:13,7:17,18:1,18:3 Pollutants 111 - 9:3 Quality 121- 7:4, 7:24 REPORTER 111-

name 151 - 5:2, 6:25, Office 131- 2:8, 2:9, pollutants 111 - 9:5 questlonsrsJ- 7:13 

7:12,7:19, 7:21 2:14 posslble121 -11:14, 10:18, 10:23,11:7, reporteq11- 6:6 

Narrative 111- 4:11 office 111- 6:7 11:18 14:21,16:9 Reporters 111- 6:4 

National['!- 9:2 Officer 1•1- 2:4, 5:4, Posl111- 2:9 request[2J-13:15, 

necessary 121 - 5:20, 6:24, 10:19, 16:13, practlce111 -13:4 16:21 

6:1 16:20 prellled 111- 7:6 requestedpJ -17:16 

NESHAP 181- 4:15, offlcer[IJ -18:6 preliminary 111 - requirements f3J -

KATHY TOWNSEND COURT REPORTERS 
EIB HEARING, RE: AIR QUALITY REGS, 8/1/11 

4 

9:20, 12:9, 16:5 Spanish 111- 10:11 11:9 13:19 

raspectlvely 121 - Spanish/English 111 themselves 121 

- yearS[l)-13:19 

8:22,9:8 

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responses 111- specific 111- 14:7 TIMOTHY 111 

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17:20 specifically 111 - T0[1J-1:4 

resume 121 - 4:4, 8:8 12:8 todayi2J-7:2, 8:16 

review 111 - 14:24 spreadsheet 121 - today'SI1J- 10:8 

revision 111- 8:20 14:10,14:13 totally 111 

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revisions (7J - 8:6, 88[1}- 18:2 Townsend 111- 6:4 

8:21' 8:23, 8:25, St 111- 2:15 transcribed 111- 6:3 

11 :25, 14:4, 16:21 stall 111 -12:10 TRANSCRIPT [I!-

Rita 111- 7:4 stand 111- 10:23 1 :13 

RITA121- 3:4,7:14 Standards 121- 9:2, transcrlpti3J 

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Room[l]-1:18 9:3 18:9,18:11 

rule[1J-13:2 standards I4J- 5:7, true 111 

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rulemaklng 121 - 5:9, 9:4, 9:23, 14:3 tryi1J -13:18 

5:13 started 111 

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rules IB!- 8:24, 9:15, state!&! -7:11,7:19, 

9:16,11:15,12:2, 9:16, 11:1, 16:1,16:3 u 

12:3, 15:13, 15:15 STATE[2)-1:l, 18:1 

Rulas 14!- 4:23, State[1J-1:18 uncontroverslal 111 

- 5:18, 10:21 state's 111- 9:9 

RYAN[aJ-2:6, 14:1, Statement 121 

- 4:22, 7:8 

14:19 10:21 under 161- 4:9, 5:21, 

statement 121 - 8:15, 12:2, 16:1 

s 14:22, 16:19 unless[2J-13:1, 

STEPHEN 111- 2:7 14:7 

Strategies 131- 7:24, unlike 111 

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Santa[a)-1:19, 2:9, 8:2,8:5 unreasonably f1J2:15 subject 13!- 5:22, 5:17 

second 121- 17:17, 5:24,11:15 up 121 

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17:18 submit 111 

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Section 14! - 7:3, 7:5, submitted 121-6:17, 7:25, 8:5 16:14 v 

see[4J-13:7, 13:13, subsequent 111-

13:21,15:19 

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13:1 version 111- 12:25 

16:18 

summaries 121 - versus 111- 16:4 

set 111 - 5:13 10:4, 14:12 viewable 111- 6:7 

several 111-13:12 Summary[!!- 4:11 VIGIL 111- 2:7 

shall 111- 12:24 summaryr11- 15:2 VOLKER DING 121 

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shori[1J-12:17 svlgll@nmag.gov 2:4, 15:23 

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12:10, 16:21 TechnlcaiJ1J- 6:15 wltnass 111 

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17:20 testifiedi1J-7:16 wltnesse&[JJ 

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small121 - 13:23, tastlfy111- 16:15 18:8. 18:12 

15:14 testimony 1121- Written 111- 4:5 

Small 121- 4:20, 5:21, 5:22, 5:24,6:10, wrHten 13! 

- 6:17, 

10:13 7:6, 8:11' 8:13, 8:15, 8:11,8:13 

sometimes 111- 16:11,18:8,18:10, 

13:19 18:11 y 

Source 111- 9:1 Testimony 121 

- 4:5. 

source 111- 9:5 6:15 

sources 111- 15:25 THE13)-1:4, 7:13, year121 -11:12, 

KATHY TOWNSEND COURT REPORTERS