### SusanaMartinez Governor



## August 31, 2011

Dr. AI Armendariz Regional Administrator 

# State ofNewMexico

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 ofamended 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 ofthe 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, NewMexico 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 ST t.TER ECORDS C E

HTf: R 

## 201 I A UG- I 

## P M3: 0! 

## NMAC TRANSMITTAL FORM

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

Name Adam Keaster 

# IPhone# 

# I(505)**476~5559** 

# IFAX 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·**~~ ~~~~~~** **,**

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Name:

Title:

SRC·2000·02 5/26/2000 2. 3.

Public domain

# 0

Checkif delegated authority 

# D

# 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 of40 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 notbe 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 ofa 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 ofany section in this part is September 2, 2011] 20.2.77.6 OBJECTIVE: The objective ofPart 77 ofChapter 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 PRIORREGULATIONS: 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 areference 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 OF40 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 ofdelegation of authority which the administrator ofthe United States environmental protection agency may, in his discretion, delegate to the secretary ofthe New Mexico environment department, "administrator" means the secretary ofthe department or his authorized representative. 

### B. Exclude 40 CFR- Part 60, Subpart AAA- Standards ofPerformance for New Residential Wood Heaters. 

### C. The federal standards ofperformance 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 partwas 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/AQCR750, 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- NewSource Performance Standards, 04/12/94. 

### History of Repealed Material: [RESERVED] 

### Other History: ElB/AQCR 750, Air Quality Control Regulation 750- NewSource Performance Standards, filed 04/12/94 was 

### renumbered into first version ofthe NewMexico Administrative Code as 20 NMAC 2.77, NewSource Performance Standards, filed 05/17/95. 20 NMAC 2.77, NewSource 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 listattachments andInternets/te(s) If**appllc<~b/e** 

# YesD 2. 3. 

## FILED WITH**ST.~ E**  

## RECORD SCENTER 

# 2011 AUG- I P M3: 

# 0I

Public domain

# 0

Name: Deborah Peacock, Esq

. Checkif delegated

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

SRC-2000-02 5/26/2000

### TITLE 20 CHAPTER2 PART78 ENVIRONMENTAL PROTECTION AIRQUALITY (STATEWIDE) EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 20.2.78.1 ISSUINGAGENCY: 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 "shallpromulgate 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 ofperformance 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 ofa 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 ofany section in this part is September 2, 20II] 20.2.78.6 OBJECTIVE: The objective ofPart 78 ofChapter 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 AMENDMENTAND SUPERSESSION OF PRIORREGULATIONS: 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 OF40 CFR PART 61: Except as otherwise provided, the national emission standards for hazardous airpollutants 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: Forthe purposes ofdelegation of authority which the Administrator ofthe United States environmental protection agency may, in his discretion, delegate to the secretary ofthe New Mexico environment department, "administrator" means the secretary or his authorized representative. 

### B. exclude 40 CFRPart 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 ofEnergy 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 NMACfrom Department ofEnergy Facilities), R (National Emission Standards for Radon Emissions from Phosphogypsum Stacks), 

### T (National Emission Standards for RadonEmissions from the Disposal ofUranium Mill Tailings), and W (National Emission Standards for RadonEmissions 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 inthis partmay be viewed at the New Mexico environment department, air qualitybureau, 1301 SilerRoad, 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 ForHazardous Air Pollutants, filed 07/24/84. EIB/AQCR 751, Air QualityControl Regulation 751 -Emission Standards ForHazardous AirPollutants, filed 08/18/87. EIB/ AQCR 751, Air Quality Control Regulation 751

- Emission Standards ForHazardous Air Pollutants, filed 07/07/88. EIB/AQCR 751, Air Quality Control Regulation 751 -Emission Standards ForHazardous 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 AirPollutants, 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 AirPollutants, filed 04/21/93. EIB/AQCR 751, 

### Air Quality Control Regulation 751 -Emission Standards ForHazardous AirPollutants, filed 04/12/94. 

### History ofRepealed Material: [RESERVED] 

### Other History: EIB/ AQCR 751, 

### Air Quality Control Regulation 751

- Emission Standards ForHazardous Air Pollutants (filed 04/12/94) was 

### renumbered into first version ofthe New Mexico Administrative Code as 20 NMAC 2.78, Emission Standards ForHazardous 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 ForHazardous Air Pollutants, effective 06/23/00.

20.2.78 NMAC 2

## FILED W ITH STA TE R ECO RDS C EN TER 

## NMAC TRANSMITTAL FORM 

## 2 0

I IA UG

- I PM 3: 

# 02

1.24

. 10 NMAC

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

Name Adam Keaster 

# I**Pko".~** # 

# J (505) 476
-5559

# .IFAX 

# I(505) 476-4375 E
-mail adam.keaster@.state

.nm.us



### a
No Yes X

Name:

Title:

SRC.2000-Q2 5/26/2000 Please Jista!Glchments andIntemst**s~(s)** if appliable 

# YesD 1. htto;//www.eDa.qoy/fedrgstr/ 2. 3.

Public domain

# 0

CheckiT 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 EnvironmentallmprovementBoard. [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 airpollutants, which are subject to the requirements of 40 CFRPart 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 STATUTORYAUTHORITY: 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 ofperformance 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 atthe end ofa section orparagraph. [Rn, 20NMAC 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 ofany section in !his part is September 2, 20II] 

### 20.2.82.6 OBJECTIVE: The objective ofthis 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 implementrequirements in Section 112 of!he Clean AirAct. [Rn, 20NMAC 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, 20NMAC 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 CFRPart 63, as amended in the Federal Register through December 31, 2010 are hereby incorporated into !his part (20.2.82 NMAC). [Rn, 20NMAC 2.82.7, 08/14/98; A, 08/14/98, 09/08/99; 20.2.82.8 NMAC · Rn 20NMAC 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 CFR63.40 - 63.44 OF SUBPART B (Constructed and Reconstructed Major Sources ofHazardous Air Pollutants): The owner or operator ofa source subjectto 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 permitunder 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 ofdelegation ofauihority whichthe Administrator ofthe US EPA may, in

20.2.82 NMAChis orher discretion, delegate to the secretary ofthe New Mexico environment department, "administrator" means the secretary orhis/her authorized representative. B. variances: The tederal emission standards incorporatedby 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 of40 CFR 63.40- 63.44 ofSubpartB 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, BuildingB, SantaFe 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 ofRepealed Material: [RESERVED] 

### Other History: 20 NMAC 2.82, Maximum Achievable Control Technology Standards For Source Categories OfHazardous Air Pollutants, effective 11/27/94. 20 NMAC 2.82, Maximum Achievable Control Technology Standards For Source Categories OfHazardous 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 OfHazardous Air Pollutants, effective 06/23/00.

20.2.82 NMAC 

### 2

## (



# ( STATE OF NEWMEXICO ENVIRONMENTAL IMPROVEMENT BOARD IN THEMATTEROF 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 INTENTTO PRESENTTECHNICAL TESTIMONY
Pursuantto 20.1.1.302.A NMAC, the New Mexico EnvironmentDepartment (NMED) Environmental Protection Division ("the Division") hereby submits its Notice oflntentto present technical testimony in this proceeding.



## 1. Person Represented By

## the TechnicalWitnesses. TheNewMexico EnvironmentDepartment, Air Quality Bureau, Environmental Protection Division.



## 2. Name and Qualifications ofEach TechnicalWitness. Adam Keasler. Mr. Keaster is an Environmental Analyst for the Control Strategies Section ofthe Air Quality Bureau. He has worked in the Air QualityBureau sinceNovember of 2008. Mr. Keaster.holds a Masters ofPublic Health (MPH) degree in Environmental Health Sciences from the University ofMinnesota.

Rita Bates. Rita Bates is Section Chiefofthe Planning Section oftheAir 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 ofthe Air Quality Bureau, Ms. Bates has worked in industry as an environmental coordinator and in environmental

NOTJCEOFJNTENT-PAGE 1

### {ilh' 

## '.'>t**·~~l.l, ~~~**  

# .. ;;.)'

## ''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 ofTestimony
Mr. Keasterwill testify in support ofadoption ofthe revisions for the following reasons: The proposed revisions update the date ofincorporation by reference ofthe following federal regulations: New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAPs), andMaximum Achievable Control Technology (MACT) Standards for Source Categories ofHazardous Air Pollutants. Therevised date ofincorporation would incorporatebyreference such standards promulgatedormodified 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 ImprovementBoard toupdate the state's rules
to incorporate these federal requirements, in order to ensure that the Division has the regulatory authorityto implement the mostrecent requirements. Mr. Keaster's written testimony is submitted as ExhibitNMED 2. He will provide a briefsummary ofthetestimony, which is anticipated to be less than I0 minutes. The Division does not intend to call Ms. Bates to testify, butproposes tomake her available to answer questions from the Board ifnecessary. 

## 4. Text ofRecommended Modifications to the Proposed Regulatory Change The Division recommends that the Board adopt theproposedregulatory changes submitted in the Petition ofMarch 18, 20II,without any modifications. Theregulatory changes· proposed in thatpetition are replicated in Exhibits NMED 3, 4, and 5, for the convenience ofthe Board.

NOTICE OFINTENT·PAGE2 

## (

# ( 5. List and Description ofExhibits The Division submits the following exhibits: 

### EXHIBIT NUMBER TITLE OF EXHIBIT

NMED I Resume ofAdam Keaster NMED2 Written Testimony ofAdam Keaster NMED3 Proposed Amendmentsto 20.2.77 NMAC NMED4 ProposedAmendments to 20.2.78 NMAC NMEDS Proposed Amendments to 20.2.82 NMAC NMED6 List ofFRNotices underPart 77 (40 CFR 60) and Part 82 (40 CFR 63) NMED7 Narrative Summary Federal Register Notices Affected NMED8 Federal RegisterNotices 

## (on CD onlv) NMED9a Delegation ofAuthorityLetter (NSPS and NESHAP) 

# c NMED9b Delegation ofAuthoritvLetter (MACn NMED lOa Public Notice (Albuquerque Journal, Spanish/English) NMED lOb Public Notice (New Mexico Register) NMED II Letterto Small Business Advisory Commission NMED 12 Proposed Statement ofReasons for Adoption of Rules A complete set ofall exhibits is included on CD ROM. 

## 6. Reservation ofRights This Notice oflntenttoPresent Technical Testimony is based on the Division's petition. The Division reserves the right to call any person to testify andto present any exhibit in response
to another notice ofintent or public comment filed in this matter orto any testimony orexhibit offered at the public hearing. The Division also reserves the right to caii any person as a rebuttal witness andto present any exhibit in support thereof.

NOTICE OFINTENT- PAGE3

### Respectfully submitted, NEW MEXICO ENVIRONMENT DEPARTMENT

# ~~~~ 

# sc Bill Grantham Assistant General Counsel New Mexico EnvironmentDepartment 1190 St. Francis Drive, Suite N-4068 Santa Fe, New Mexico 87505 505.827.2824 bill.grantham@state.nm.us

CERTIFICATE OFSERVICE I hereby certify that on July

# J.s_, 20II, a true and accurate copy ofabove-entitledpleading was sentby first class mail and email to the Board Attorney atthe following address: STEPHEN A. VIGIL AssistantAttorney General, Civil Division Office ofNewMexico 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 OFINTENT- PAGE4 

# (

### STATE OFNEWMEXICO ENVIRONMENTALIMPROVEMENT BOARD IN THEMATTEROFPROPOSED AMENDMENTSTOAIRQUALITY REGULATIONS 20.2.77, 20.2.78, AND 20.2.82 NMAC No. EIBNo. 11-04 

## (R)

ORDERAND STATEMENT OFREASONS

FORAMENDMENT OFREGULATIONS

Thismattercomesbefore the NewMexico Environmental Improvement Board ("Board")
upon a petition filed by theNew Mexico EnvironmentDepartment ("NMED" or "Department"), proposingrevisions to 20.2.77, 20.2.78, and 20.2.82 NMAC. TheBoardheard 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: STATEMENTOFREASONS 1. The federal Clean Air Act ("CAA'') requires the U.S. Environmental Protection Agency ("EPA") to promulgate standards ofperformance for new stationary sources. CAA 

## § 111 (42 U.S.C. 

## § 7411). Regulations promulgated under this authority are known as New SourcePerformance Standards ("NSPS'') and are contained in 40 C.F.R. Part 60. 2. CAA 

## § 11l(c)provides for delegation to states ofthe 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 airpollutants, contained 

## in40 C.F.R. Part 63. EmNo. 11-04 Statement ofReasons and Order Page 1 of3,

### .......

_,,.,



### 4. CAA § 112 (1)(1) provides for delegation to states ofauthority to implement and enforce standards promulgatedunder 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 theNSPS andNESHAP. 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 theNew 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 withinthejurisdiction ofthe Board. 10. OnMarch 18,2011 NMED filed a petitionwiththe Board for a public hearingin this
matter. 11. OnApril4, 2011, at a meetingconducted incompliancewith 

## the Open MeetingsAct and other applicable requirements, the Board grantedtheDepartment'srequest for a hearing. 12. OnMay 18, 2011, Notice ofHearingwas published intheAlbuquerqueJournal (in English and Spanish). SeeNMED Exhibit lOa 13. OnMay 31,2011,Notice ofHearing was published inthe New Mexico Register. See NMED Exhibit lOb

Em No. 11-04 Statement ofReasons and Order Page2 of3

## 14. NMED filed aNotice ofIntent to PresentTechnicalTestimony (NO!} 

## onJuly 15,2011, in accordance with 20.1.1.302 NMAC. 15. A hearing was held in this matteronAugust 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 compliancewithNMSA 1978 

## §74-2-5.C (2}. 18. The proposed amendments satisfy the statutory requirements ofthe 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. Theproposed amendments are adopted for any or all ofthe reasons stated above. 

## ORDER Bymajority vote ofaquorum ofthe Board members, the proposed regulatoryrevisions

were approved bytheBoard on August 1, 2011. Amendments to 20.2.77, 20.2.78 and 20.2.82 NMAC, with any appropriate corrections oftypographical errors, or formatting shall be filed withtheNew Mexico StateRecords Center, andshallbe 

## submitted as expeditiously as possible 1



## ofdelegation authority. 

# I_/

Dated: 

# ----""-fS+-'- 

# 1

# 1--+-~-'--'---11**-~**

EmNo. 11-04 Statement ofReasons and Order Page 3 of3

## Date: 6/1/2011 Conunission ofPublic Records Administrative Law Divison 1205 Camino Carlos Rey SantaFe, NM 

### 87507- Phone: (505) 476-7907 Fax: (505) 476-7910 ShipTo (Ifdifferent address):
130! SilerRd #B 

## Em -Air Quality 130I SilerRd#B 

### Santa Fe, NM 

### 87507- J. 

### Santa Fe, NM 

### 87507-**;:::======-=------=----------~- ~-**  SRC Aulborlzatloa Pboae Number DateRequested Date Shipped**1--~~~~~--~-~~-c--~+** 

## - -------- ----- -

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## i ! Paymeat Metbod: Purchase Order Number:

# 66700-0000013~29 AmouatDue 

### 1

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## Pleasepaypromptlyto VendorNumber 0000000729 StoteRecords Center andArchives

___ ______ Com!"i.ssion of Public**~!:~or~-_** FormSRC-2002-03- Revised September2006

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

# Affidavit ofPublication in the

# NewMexico RP.!Pi

....tP.r 

### I, John Martinez , certify that the agencynotedbelowhaspublished legal notices orrules 

## in theNew Mexico Register, andthatpayment has beenassessed by invoice for said legal notice orpublication, which appeared on the date and 

## in thevolwne and issuenwnbernotedbelow. Date ofPubUcadon: 5/31120II 

### Agency: Volume: XXll Issue#: 10 

### EIB -Air Quality Contact: Adam Keastcr 1301 SilerRd#B 

### Invoice#: NMR-2011- 262 

### Amount: $38.00 

### Descrlpdon: Notice



### (seal) SantaFe, NM 87507-

Notice ofPublic Hearing



### State ofNew Mexico, County ofSanta Fe Signed and afftrmed before me on Wednesday, June OJ, 2011 

### by John Martinez

. 

## Notary Public:

# i£~v~R 

# . _\;;\ )4]

___ BridgettWood [My commissi expires: 

# ·L r 

# 13 ] Affiant:

# #k i/**~** Publisher, 

# M Mexico Register

# ~6/1/2011 -Copies of thepublishedmaterialdocumented in 

### this affidavit are enclosedFonn SRC-2002-04 Revised July 2007

### 338 

### New Mexico Register I

### Volume XXII, Number 10 I

### May31, 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 ofthe 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, ifa summary or other type ofaccessible format is needed.


### NEWMEXICO ENVIRONMENTAL IMPROVEMENTBOARD
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, 20II 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 istheNewMexico 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, 130I Siler Rd. building B, Santa Fe, New Mexico 87507. Full text of NMED's proposed revised regulaJ.ionsare available onNMED'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, theAir 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 ofintent to do so. The notice ofintent 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 acopy ofthe direct testimony ofeach technical witness and state the anticipated duration ofthe 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 ofthe Board no later than 5:00pm on July 15,2011, and should reference the docket number, EIB 11-04 (R), and the date ofthe hearing. Notices ofintent 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 ofthe testimony. Amember ofthe general public who wishes to submit awritten 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 ofthis 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. 

### NEWMEXICO ENVIRONMENTAL IMPROVEMENTBOARD
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 ofthe fee for each 2) Services rendered that are included in the fees including: (a) Reports issued to other units ofGovernment including Legislatures which indicate the success or failure ofthe 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 whowishes to submit anon-technical written statement for the record in lieu of oral testimony must file such statementprior tothe close ofthe hearing. Persons wishing to present technical testimony must tile with the Board awritten notice ofintentto do so on or before 5:00pm on July 15, 2011. The notice ofintent 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 ofhis or her education and work background;

- summarize or include acopy ofthe direct testimony ofeach technical witness and state the anticipated duration ofthe testimony of that witness;

- list and describe, or attach, each exhibit anticipated to beoffered by that person at the hearing, including any proposed statement ofreasons for adoption ofthe 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 ofthe Environmental Improvement Board not later than 5:00 pm on July 15, and should reference the name ofthe regulation, the date ofthe hearing, and docket number EIB 11-08 (R). Notices of intent to present technical testimony should be submitted to: Felicia Orth, ActingAdministrator Office of the Environmental Improvement Board Harold Runnels Building 1190 St. Francis Dr., Room N-2153 SantaFe, NM 87502 Ifyou are an individual with a disability and you require assistance or an auxiHary aid, e.g. sign language interpreter, to participate in any aspect ofthis 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, SantaFe, 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 regulatorychange attheconclusion ofthe hearing, or the Board may convene a meeting after the hearing to consider action on the proposal. 

### NEWMEXICOGAME COMMISSION
STATE GAMECOMMISSION 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 ("SikesAcnand Establishment of Guidelines for FY '13 Budget Preparation; State Land Easement for Hunting, Fishing, and Trapping Proposal for July, 20II 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(Commentslimitedto 3Minutes); Closed Executive Session; and Update on H Bar VConservation Easement Purchase. The following rules are available for public conunentanddiscussionbythe 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. Acopy ofthe agenda and any ofthe 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 forupdated information. Ifyou are an individual with a disabilitywho 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 OFNEW MEXICO CountyofBernaJWo SS Linda MacEachen,being duly sworn, declaresand saysthatsheis

### Classifted AdvertisingManagerofTbeAlbuquerqueJonrlllll,andthatthisnewspaperis 

### duly quallfled to 

### publishlegalnotices or advertisements within

### the meaning ofSection3, Chapter 167, Sesaion Laws of 1937, andthatpaymenttherefore bas 

### been made of 

### assessed as court cost; that the notice, copy ofwhich is 

### heretoattached, was published In 

### saidpaper In 

### theregular daily edition, for 

# _I_ times,theftrstpubllcatlonbelngonthe li__c!ayof

# /1o..y ,20f..L.. and the subsequent consecutivepublications on

# --:?o;--------

# \u~~Sl&~

CLA·22·A (R-1/93) Swornandsubscribedbeforeme, a Notary Public, In 

### and for the Count¥>ofBernalilloandStateofNewMexico this 

## .Jj__day of 

## flaw of

# 2o.lL. I 

# PRICEB 2..2')' 

# 1'1 Statementto come atendofmonth.

### Education: NMED Exhibit 1 Resume ofAdam Keaster

Environmental Analyst New Mexico EnvironmentDepartment Air Quality Bureau

• Masters in Public Health, Environmental Health Sciences, University ofMinnesota

- SchoolofPublic Health, 2006-2008.

• B.A., Anthropology and Biology, University ofMontana. 1999-2005.
Employment:

• Environmental Health and Safety Specialist, University ofMinnesota. 2008. * Anesthetic gas air monitoring. * Toxicologyresearch. * Analysis and synthesis ofdata. * Generation ofreports for and collaboration with Principle Investigators/Laboratories.

• Teaching Assistant-Lead, University ofMinnesota. 2007-2008. * Issues in Environmental and Occupational Health course. * Management ofcourseworkfor 60 students per semester. * Field questions, provide discussion topics and feedback. * Critical evaluation ofwritten 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. *WestNile virus sample collection from bird specimens. * Laboratory WestNile virus testprocedures. * Disease-vector species research and sampling efficacy.

• Forestry Technician, US Forest Service, Montana. 2001-2006. * Collection offield 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 OFPROPOSED AMENDMENTS TO AIR QUALITYREGULATIONS 20.2.77, 20.2.78, AND 20.2.82 NMAC

Proposed Revisions Written Testimony ofAdam Keaster EnvironmentalAnalyst New Mexico EnvironmentDepartment Air QualityBureau No. EIB 11-04 (R)

I The Air QualityBureau proposes amendments to the Air QualityRegulations at 20.2.77 2 NMAC- New Source Peiformance Standards 

### ("NSPS"), 20.2.78 NMAC- National 

### 3 Emission Standards forHazardousAirPollutants 

### ("NESHAP"), and 20.2.82 NMAC4 

### MaximumAchievable Control Technology Standards for Source Categories of 

### 5 HazardousAirPollutants 

### ("MACT"). Copies ofthe proposed amendments are included 6 as Exhibits NMED 3, 4, and 5. 7 

### 8 Adoption ofperformance and emissions standards is authorized bythe Air Quality 9 Control Act (AQCA), which provides at 1978 NMSA §74-2-5.C: 10 II Regulations adopted by the environmental improvementboard orthe local board 12 may: 13 

### (2) prescribe standards ofperformance for sources and emission standards for 14 hazardous airpollutants that, except as provided in this subsection: 15 (a) shall be no more stringent than but at least as stringent as required byfederal 16 standards ofperformance; and 17 (b) shall be applicable onlyto sources subject to such federal standards of 18 performance; 19 20 Incorporation by reference ofthe 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 ofrelevant Federal 24 Register notices is included as Exhibit NMED 6 25 26 Effect ofIncorporation. 27 28 Under the federal Clean Air Act ("CAA''), authority to implement and enforce the NSPS, 29 NESHAP, and MACT standards maybe 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 initiallydelegated 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 ofHazardous Air Pollutants by the EPA onJuly 27, 3 1995 (Exhibit NMED 9b). The Departmentperiodically requests that the Boardupdate 4 

### the date ofincorporation in the New Mexico Administrative Code in orderto include new 5 rules and amendments made to the federal regulations. 6 7 Implementation ofthe standards by the Department is more efficient and effective than 8 reliance on federal implementation. Departmentpersonnel routinely inspect affected 9 sources to determine compliance, and Departmentpermitwriters 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 nothave the staffand resources to perform day-to-day implementation. 14 Generally, both the EPA and the regulated communityprefer that the Department 15 implement and enforce the air qualityregulations. 16 17 Public Outreach 

### 18 19 Outreach was conducted for all three regulations in the form ofpublic 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 bythe departmentby July 18, 20II. 

### At the time ofthis filing, NMED has received zero 24 inquiries regarding the open house. Additionally, the New Mexico Environment 25 Department-Small Business Environmental Assistance Programprovides 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 ofthe Code ofFederal 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 promulgatedby 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 ofthe Code of 42 Federal Regulations Part 61 (40 CFRPart 61). The Department is proposing that 20.2.78 43 NMAC be amended to incorporate byreference the federal requirements pertainingto 44 

### NESHAP promulgated by the EPA from February I, 2009 to December 31, 20I0. 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.



### ExhibitNMED 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 ofHazardous Air Pollutants by reference in 1994. These federal standards are 7 contained within Title Forty ofthe Code ofFederal 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 promulgatedbythe 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 CFRPart 60 and 63 (Exhibits NMED 6 

### 14 -8) 15 16 The Federal Register Notices are formal announcements ofnew or revised regulations, 17 including New Source Performance Standards and Maximum Achievable Control 18 Technology Standards for Source Categories ofHazardous Air Pollutants. A list ofsuch 19 notices is attached as ExhibitNMED 6. Exhibit 6 is subdivided, with eachportion ofthe 20 exhibit being named with the numeral 6 followed by the relevant Part or Parts of40 21 C.F.R (i.e., 60 or 63 orboth), followed by a letter to identity the particular revision. For 22 example, 6-60-63a, 6-63d, etc. Briefnarrative descriptions ofeach notice, as described 23 bythe EPA, are included in Exhibit NMED 7, using the same exhibit numbers. The full 24 textFederal Register Notices are included onthe CD only as ExhibitNMED 8. File 25 names correspondto the exhibitnumber. 26 27 Effect on Small Business 

### 28 29 Pursuantto the Small Business Regulatory ReliefAct, 1978 NMSA § 14-4A-l, etseq, 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 onfacilities, 33 but will simply retain implementation authority with the State ofNew Mexico rather than 34 the U.S. EPA. Nonetheless, the Departmentprovided the Small Business Regulatory 35 Advisory Commissionwithnotice ofthis hearing, via the letter attached as NMED 36 Exhibit 11. 37 38

Exhibit NMED 2

- Written Testimony- page 3TITLE 

### 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 of40 CFR Part 60, as amended through**[J~>IM~ory** 

### 31, 2009] December 31. 20I0. [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 ofa 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 ofany section in this part is August 17, 2009] 20.2.77.6 OBJECTIVE: The objective ofPart 77 ofChapter 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 AMENDMENTAND 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 ofdelegation of authority which the administrator ofthe United States environmental protection agency may, in his discretion, delegate to the secretary ofthe New Mexico environment department, "administrator" means the secretary ofthe department or his authorized representative. B. 

### Exclude 40 CFR 0 

### Part 60, Subpart AAA 0 

### Standards ofPerformance for New Residential Wood Heaters. 

### C. The federal standards ofperformanee 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 Partmay 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/AQCR750, 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/AQCR750, 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 ofRepealed 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 ofthe 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 FORHAZARDOUS 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 airpollutants which are subject to the requirements of 40CFR 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, Section74-1-8.A) and "regulations adopted by the environmental improvement board...may...prcscribe standards ofperformance 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 ofa 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 ofany section in this part is August 17, 2009] 

### 20.2.78.6 OBJECTIVE: The objective ofPart 78 ofChapter 2 is to adopt or establish state authority to implement emission standards for hazardous air pollutants in NewMexico subject to 40 CFRPart 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 CFRPart 61, Section 61.02, Defmitions, as follows: For the purposes ofdelegation of authority which the Administrator ofthe United States environmental protection agency may, in his discretion, delegate to the secretary ofthe NewMexico environment department, ..administrator" means the secretary or his authorized representative. 

### B. exclude 40 CFRPart 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 ofEnergy Facilities), I (National Emission Standards for Radionuclide Emissions from Facilities Licensed bythe 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 NMACfrom DepartmentofEnergy Facilities), R (National Emission Standards for RadonEmissions from Phosphogypsum Stacks), T (National Emission Standards for Radon Emissions from the Disposal ofUranium Mill Tailings), and W (National Emission Standards for RadonEmissions from Operating Mill Tailings). C. the federal emission standards incorporated by this regulation shall notbe subjectto NMSA 1978, Section 74-2-8 [Variances] [06/16/95; 20.2.78.9 NMAC- Rn, 20NMAC 2.78.108 06/23/00] 

### 20.2.78.11 DOCUMENTS: Documents incorporated and cited in this partmay be viewed at the New Mexico environment department, air quality bureau, 1301 SilerRoad, BuildingB, 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 partwas derived from thatpreviously filed with the commission of 

### public records-state records center and archives. ElB/AQCR751, Air Quality Control Regulation 751- Emission Standards ForHazardous Air Pollutants, filed 07/24/84. EJB/AQCR751, Air Quality Control Regulation 751- Emission Standards For Hazardous Air Pollutants, filed 08/18/87. ElB/AQCR751, Air Quality Control Regulation 751 -Emission Standards ForHazardous Air Pollutants, filed 07/07/88. EIB/AQCR751, Air Quality Control Regulation 751- Emission Standards For Hazardous AirPollutants, filed 04/27/89. EIB/AQCR 751, Air Quality Control Regulation 751- Emission Standards ForHazardous Air Pollutants, filed 05/29/90. ElB/AQCR751, 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/ AQCR751, Air Quality Control Regulation 751

- Emission Standards For Hazardous Air Pollutants, filed 04/21/93. EIB/AQCR751, Air Quality Control Regulation 751 -Emission Standards For Hazardous Air Pollutants, filed 04/12/94. 

### History ofRepealed Material: [RESERVED] 

### Other History: EIB/AQCR751, Air Quality Control Regulation 751 -Emission Standards For Hazardous Air Pollutants (filed 04/12/94) was 

### renumbered into first version ofthe New Mexico Administrative Code as 20 NMAC 2.78, Emission Standards For Hazardous Air Pollutants, etfeetive 06/16/95. 20NMAC 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 CFRPart 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 adoptedby the environmental improvement board mayprescribe standards ofperformance for sources and emissions standards for hazardous airpollutants

..." [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 ofa section orparagraph. [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 ofany section inthis part is August 17, 2009] 

### 20.2.82.6 OBJECTIVE: The objective ofthis 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 ofthe Clean AirAct. [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 CFRPART 63: Except as otherwise provided in section 20.2.82.10 NMAC (below), the national emission standards for hazardous airpollutants for source categories as promulgated by the US EPA, 40 CFR Part 63, as amended inthe 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 CFR63.40-63.44 OF SUBPART B (Constructed and Reconstructed Major Sources ofHazardous Air Pollutants): The owner or operator ofa 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 or20.2.70 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 orexceptions are made to the incorporated federal standards: 

### A. general provisions: Amend40 CFRPart 63, Subpart A- General Provisions, Section 63.2, Definitions, as follows: For the purposes ofdelegation ofauthority whichthe Administrator ofthe US EPA may, in

20.2.82 NMAChis orher discretion, delegate to the secretary ofthe NewMexico 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 of40 CFR 63.40- 63.44 ofSubpart B under 20.2.82.8 NMAC shall be June 29, 1999. [Rn, 20NMAC 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, BuildingB, 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 ofRepealed Material: [RESERVED] 

### Other History: 20 NMAC 2.82, Maximum Achievable Control Technology Standards For Source Categories OfHazardous Air Pollutants, effective 11/27/94. 20 NMAC 2.82, Maximum Achievable Control Technology Standards For Source Categories OfHazardous 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 OfHazardous 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
-FR
12575 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
-FR
18474 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
-FR
54969 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
-FR
11858 Standards of Performance for Stationary Combustion Turbines May 19, 2009

6
-60b 60 April 28, 2009 Final Rule 74
-FR
19293 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
-FR
25666 Update of Continuous Instrumental Test Methods; Correction June 29, 2009 6
-60d 60 June 24, 2009 Correction 74
-FR
29948 Standards of Performance for New Stationary Sources

6
-60e 60 September 9, 2009 Correction 74
-FR
46401 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
-FR
51367 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
-FR
51949 Standards of Performance for Coal Preparation and Processing Plants October 8, 2009

### 40 CFR Part 63 Maximum Achieva ble Control Technologies for Source Categories of Hazardous Air Pollutants (MACT) Federal Register Notices

1 of2 Exhibit # Part Publication Date Action FR # Title Effective Date 6-60_63a 60,63 March 25, 2009 Final Rule 74
-FR
12575 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
-FR
18474 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
-FR
54969 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
-FR
8756 National 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
-FR
30365 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
-FR
46493 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
-FR
55669 National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries October 28, 2009
6-63e 63 October 29, 2009 Final Rule 74
-FR
56007 National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources October 29, 2009
6-63f 63 December 2, 2009 Final Rule 74
-FR
63235 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
-FR
63503 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
-FR
69193 National Emission Standards for Hazardous Air Pollutants for Area Sources: Chemical Preparations Industry December 30, 2009

### 40 CFR Part 63 Maximum Achieva ble Control Technologies for Source Categories of Hazardous Air Pollutants (MACT) Federal Register Notices

2 of2 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
-FR
9647 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
-FR
10184 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
-FR
12988 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
-FR
31317 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
-FR
37730 National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries June 30, 2010
6-63o 63 June 30, 2010 Final Rule; correction 75
-FR
37732 National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines June 30, 2010

6-63p 63 July 20, 2010 Direct Final Rule 75
-FR
41991 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
-FR
51569 National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines August 20, 2010
6-63r 63 December 14, 2010 Final Rule 75
-FR
77760 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 

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# ;=-y £ I.J""'**~** / UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

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REGION VI**~** 

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## March 15, 1985 1201 ELM STREET 

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CALLAS, TEXAS 75270

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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, 

# --

....

# t.~ ck Whittington, 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.

## An0tice 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 OFNEWMEXICO County of

## Beruallllo SS IJndaMacEachen, beingduly sworn, declares and saysthatsheisClassified AdvertisingManagerofTheAlbuquerqueJournal,andthatthisnewspaper

### is duly quaUIIed to publishlegal notices or advertisements withinthe meaning ofSection3, Chapter 167,Session Laws of 1937, and thatpaymenttherefore has 

### been made of 

### s88essed as court cost; that the notice, copy ofwhich 

### Is heretoattached, was published In 

### said paper in

### the regular dailyedition, for 

# _I_ times,thefirstpublicationbeingon the 

# li_dayof 

# tby , 20L and the subsequentconsecutivepublications**on-~.,..-------**

# \u~OO\Ck~~

CLA-22-A (R-1/93) Sworn and subscribedbeforeme,a Notary Public, in

### and for the County_ofBernalllioandStateofNewMexico this 

# 1:lday of 

# 11•'111 of

## 20JL. I



### Statementto come atend ofmonth.

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

# Affidavit ofPublication in the NewMexicoRegister I, JohnMartinez , certify that the agencynotedbelowhas published legal notices orrules 

## in theNewMexicoRegister, and that paymenthas been assessedbyinvoice for said legalnotice orpublication, which appeared onthedate and 

## in the volume and issuenumbernotedbelow. DateofPubllcadon: 5/31/2011 Agency: Volume: XXII Issue#: 10 EIB -Air Quality Contact: Adam

### Keaster 1301 SilerRd #B Invoice#: 

### NMR-20ll- 262 Amount: $38.00 Descrlpdon: Notice



### (seal) Santa Fe, NM 87507-

Notice ofPublic Hearing



### State ofNewMexico, CountyofSantaFe Signedand affinned beforeme on Wednesday, June 01, 2011 by John Martinez (} ( )(; I 

## L ' Notary Public:

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# tfuJ}!-rr**\l~**

# __ _ -· BridgettWood [My commissidpires: 

# J=jic 

# ,3 1


## Amant'

# f" 1/

# ~ Publisher, MMexicoRegister

# ~6/112011 -Copiesof thepublishedmaterial documented in this affidavitare enclosedForm SRC-2002.()4 R<viscd July 2007

## Date: 

## 6/1/2011

BillTo: 

## Em -Air Quality 130I SilerRd #B 

## ISanta Fe, NM 87507-

- SRCAutborlzatlon Bridgett Wood

---------- --**--~-** 

## --**-~** DateRequested PboneNumber -6tl/20ll- 

## _l_**(50~476-7875** 

## __________,_ ···---



## --------- --- 

### Commission ofPublic Records Administtative Law Divison 1205 Camino Carlos Rey SantaFe, NM 87507- Phone: (505) 476-7907 Fax: (505) 476-7910 Ship To (Ifdifferent address): 

## Em -Air Quality 130I SilerRd #B SantaFe, NM 87507-

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### ~~cort!! ___ Form SRC-200:1-03

- Revised September2006

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

# Affidavit ofPublication in the

# NewMexico I, JohnMartinez , certifythat the agencynotedbelow

### haspublishedlegal notices orrules in theNewMexico Register, andthatpaymenthasbeen assessedbyinvoice for saidlegal notice orpublication, whichappeared onthe date andinthe volwne and issuenwnbernotedbelow. 

### DateofPubllcadon: 5/31/20 II 

### Agency: Volume: XXll Issue#: 10 EIB 

### -Air Quality Contact: 

### AdamKeaster 

### 130I SilerRd #B 

### Invoice#: NMR-2011- 262 

### Amount: $38.00 Descrlpdon: Notice



### (seal) SantaFe, 

### NM 87507-

Notice ofPublic Hearing



### State ofNew Mexico, County ofSantaFe Signed and affirmed before me on Wednesday, June 

### 01,2011 by John Martinez , 

# (} Cl1m, Ar, 

## Notary Public:**~** 

## '·

......**J~** 

# lroD

_______ BridgettWood [My commissi expires:

## ·~ j I 

## r 13 ] 

## Affiant:

# #k i.**~** Publisher, 

# M MexicoRegister

# ~6/1/2011 -Copies of thepublishedmaterialdocumentedin 

### 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 FrancisDrive, 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 orin 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 ofthe 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. Publicdocwnentscan 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 ofaccessible fonnat is needed.


## NEWMEXICO ENVIRONMENTAL IMPROVEMENTBOARD
NEW MEXICO ENVIRONMENTAL IMPROVEMENTBOARD 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 8750I. 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 istheNewMexicoEnvironment 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, 130I Siler Rd. building B, Santa Fe, NewMexico 87507. Full text of NMED's proposed revisedregulalions are availableonNMED's web site at www.runenv.state.nm.us, or by contacting Adam Keasler a! (505) 476-5559 oradam.keaster@state.nm.us. Thehearing will be conducted in accordance with 20.1.1 NMAC (RulemaldngProcedures**~** Environmental Improvement Board), the Environmental Improvement Act, Section 74-1-9 NMSA 1978, theAirQualityControl Act Section, 74-2-6 NMSA 1978, and other applicableprocedures.
All interested persons will be given reasonable opportunity at the hearing to submit relevant evidence, data, views and arguments, orally orin writing, to introduce exhibits, andto examinewitnesses. Persons wishing to present technical testimony must file with the Board a written notice ofintent to doso. The notice ofintent 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 orinclude a copyofthe direct testimony ofeach technical witness and state the anticipated duration ofthe testimony of that witness; (4) list and describe, or attach, each exhibit anticipated lobeoffered 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 oflhe Board no later than 5:00pm on July 15, 2011, and should reference the docket number, EIB 11-04 (R), and the date ofthe hearing. Notices ofintent to present technical testimony should be submitted to: Felicia Orth,Acting BoardAdministralor Office of the Environmental Improvement Board Harold Runnels Building 1190 St. FrancisDr., 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 ofthe testimony.
A member ofthe 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 thehearing, orsubmit it atthe hearing.
Persons having a disability and needing help in being a partofthis 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. 

## NEWMEXICO 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, 20II, 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 DocketNumber 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 

## IVolumeXXII, 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 ofthe fee for each 2) Services rendered that are included in the fees including: (a) Reports issued to other units ofGovernment including Legislatures which indicate the success or failure ofthe 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 tothe 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/wwwnmeny 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 whowishes to submitanon-technical written statement for the record in lieu of oral testimony must file such statement prior to the close ofthe hearing. Persons wishing to present technical testimony must file with the Board a written noticeofintent to do so on or before 5:00pm on July 15,2011. The notice ofintent 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 ofhis or her education and work background;

- summarize or include acopy ofthe direct testimony ofeach technical witness and state the anticipated duration ofthe testimony of that witness;

- list and describe, or attach, each exhibit anticipated tobe offered bythatperson at the hearing, including any proposed statement ofreasons for adoption ofthe 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 ofthe Environmental Improvement Board not later than 5:00pm on July I

### 5, and should reference the name ofthe regulation, the date ofthehearing, and docket number EIB 11-08 (R). Notices of intent to present technical testimony should be submitted to: Felicia Orth, ActingAdministrator Office of the Environmental Improvement Board Harold Runnels Building 1190 St. Francis Dr., Room N-2153 SantaFe, NM 87502 Ifyou are an individual with a disability and you require assistance or an auxiliary aid, e.g. sign language interpreter, to participate in any aspect ofthis process, please contact the Personnel Services Bureau by august 15, 20II. 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 regulatorychange attheconclusion ofthe hearing, or the Board may convene a meeting after the hearing to consider action on the proposal. 

## NEWMEXICO GAME COMMISSION
STATE GAME COMMISSION PUBLIC MEETING AND RULEMAKING 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 ("SikesAcnand Establishment of Guidelines for FY '13 Budget Prepantion; State Land Easement for Hunting, Fishing, and Trapping Proposal for July, 20II 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(Commentslimitedto 3Minutes); Closed Executive Session; and Update on H Bar VConservation Easement Purchase. The following rules are available for public commentanddiscussionbythe Commission:

• Proposed Amendments to the Hunting and Fishing Application Rule, 19.31.3, NMAC; and • Proposed Amendments to the FalconryRule, 19.35.1,NMAC.
Acopy ofthe 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 forupdated infonnation. Ifyou are an individual with adisability 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 leastSUSANA MARTINEZ Governor JOHN A. SANCHEZ Lieutenant Governor



### June 28, 20II 

## 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 I00 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 QualityRegulations 20.2.77, 20.2.78, and 20.2.82 NMAC; and Proposed Revisions to the State Implementation Plan for Infrastructure ofLead National AmbientAir Quality Standard

Dear Chairman and Members ofthe Small Business Regulatory Advisory Commission: This letter is to provide you with notice oftwo upcoming hearings in the above captioned matters. The first involves updates to the incorporation by reference offederal 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 ofwhether a state chooses to implementthem. Therefore adoption ofthese standards as state regulations does not add to the regulatory burden ofindustry, 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 ofthe propose Infrastructure SIP is to provide EPA with an overview ofNew 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, 20II Page 2 of2

The hearings in these two matters will be held at the regularly scheduled meeting ofthe 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 ofthe 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 CounselNEW MEXICO ENVIRONMENTAL IMPROVEMENTBOARD 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 ofthe hearing is to consider the matter ofEIB 11-07 (R), proposed revisions to the New Mexico State Implementation Plan (SIP) under Section 110(a)(2) ofthe Federal Clean Air Act (CAA) for the revised National Ambient Air Quality Standard (NAAQS) for Lead. The proponent ofthis regulatory adoption and revision is the New Mexico Environment Department ("NMED"). The purpose ofthe public hearing is to consider and take possible action on a petition from NMED regarding implementation ofthe 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) ofthe CAA requires states to submit to the EPA Administrator an "Infrastructure SIP" that addresses the requirements ofsections IlO(a)(2)(A)--(M) ofthe CAA within 3 years after the promulgation ofa NAAQS. This SIP is a compilation ofelements that demonstrates how the State ofNew 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 I2:00p.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, orby contacting Gail Cooke at (505) 476-4319 orgail.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 ofintent to do so. The notice ofintent 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 ofthe witness, including a description oftheir education and work background; (3) summarize or include a copy oftl1e direct testimony ofeach technical witness and state the anticipated duration ofthe testimony ofthat witness; (4) list and describe, orattach, each exhibit anticipated to be offered by that person at the hearing; and (5) attach the text ofany recommended modifications to the proposed new and revised regulations. Notices ofintent for the hearing must be received in the Office ofthe Board not laterthan 5:00pm on July 15, 2011, and should reference the docket number, EIB 11-07 (R), and the date ofthe hearing. Notices of intent to present technical testimony should be submitted to: Felicia Orth, Acting Board Administrator Office ofthe Environmental Improvement Board Harold Runnels Building 1190 St. Francis Dr., Room 3056-N Santa Fe, NM 87502 Phone: (505) 827-0339, Fax (505) 827-2836Any member ofthe general public may testifY at the hearing. Noprior 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 ofthe testimony.
A member ofthe 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 statementprior to the hearing, or submit it at the hearing. Persons having a disability and needing help in being apart ofthis hearing process should contact Judy Bentley byJuly 15, 2011 atthe NMED, Personnel Services Bureau, P.O. Box 26110, 1190 St. Francis Drive, Santa Fe, New Mexico, 87502,telephone 505-827-9872. TOYusers please access hernumber via theNew Mexico Relay Network at 1-800-659-8331. The Board may make a decision onthe proposed revised regulations at the conclusion ofthe hearing, orthe Board may convene a meeting at a later date to consider action on the proposal.NEW MEXICO ENVIRONMENTAL IMPROVEMENTBOARD NOTICE OF PUBLIC MEETING AND RULEMAKING HEARING The New Mexico Environmental Improvement Board ("Board") will hold a public hearing on August I, 201 1at 9:00a.m. at the State Capitol Building, Room 317, 490 Old SantaFe Trail, SantaFe NM 87501. The purpose ofthe hearing is to consider the matter ofEIB 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 ofHazardous Air Pollutants). The proponent ofthis 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 MaximumAchievable Control Technology Standards for Source Categories. The proposed revised regulations may be reviewed during regular business hours atthe NMED Air Quality Bureau office, 1301 Siler Rd. building B, Santa Fe, New Mexico 87507. Full text ofNMED's proposed revised regulations are available onNMED's web site at www.nmenv.sta!e.nm.us, or by contactingAdam Keasler at (505) 476-5559 oradam.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 ActSection, 74-2-6 NMSA 1978, and other applicable procedures. All interested persons will be given reasonable opportunity at the hearing to submitrelevant 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 ofintent to do so. The notice ofintent 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 ofthe witness, includinga description oftheir education and work background; (3) summarize or include a copy ofthe direct testimony ofeach technical witness and state the anticipated duration ofthe testimony ofthat witness; (4) list and describe, or attach, each exhibit anticipated to be offered by that person at the hearing; and (5) attach the text ofany recommended modifications to the proposed new and revised regulations. Notices ofintent for the hearing mustbereceived in the Office ofthe Board no later than 5:00pm on July 15,2011, and should reference the docket number, EIB I 1-04 (R), and the date ofthe hearing; Notices of intent to present technical testimony should be submitted to: Felicia Orth, Acting Board Administrator Office ofthe 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 ofthe 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 ofthe testimony.A member ofthe 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 ofthis hearing process should contactJudy Bentley byJuly 15,2011 atthe 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 ofthe hearing, or the Board may convene a meeting after the hearing to consider action on the proposal.

### STATE OFNEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD IN THE MATTER OFPROPOSED AMENDMENTS TO AIR QUALITYREGULATIONS 20.2.77, 20.2.78, AND 20.2.82 NMAC

NMED'S PROPOSED No. EIB No. 11-04 (R)

ORDERAND STATEMENT OF REASONS FORADOPTION OF SIPREVISIONS

This matter comes before the New Mexico Environmental Improvement Board ("Board")
upon a petition filed bythe New Mexico Environment Department ("NMED" or "Department"), proposing revisions to 20.2.77, 20.2.78, and 20.2.82 NMAC. The Board heard testimonyfrom 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 OFREASONS 1. The federal Clean Air Act ("CAA'') requires the U.S. Environmental Protection Agency ("EPA") to promulgate standards ofperformance 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 ofthe 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 ofReasons and Order Page I of3

### C.F.R. Part 61; and Maximum Achievable Control Technology "(MACT") standards for hazardous airpollutants, contained in 40 C.F.R. Part 63. 4. CAA § 

### 112 (!)(I) provides for delegation to states ofauthority to implement and enforce standards promulgatedunder 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 thejurisdiction ofthe Board. 10. On 

### March 18, 2011 NMED filed apetition 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 ofHearing was published in the Albuquerque Journal (in English and Spanish). See NMED Exhibit lOa

EIB No. 11-04 Proposed Statement ofReasons and Order Page 2 of3

### 13. On May 31,2011,Notice ofHearing was published in the New Mexico Register. See
NMED Exhibit IOb 14. NMED filed aNotice ofIntent to Present Technical Testimony (NOI) on July 15, 20II, in accordance with 20.1.1.302 NMAC. 15. A hearing was held in this matter on August I, 20II 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 ofthe 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 ofthe reasons stated above. ORDER 

### Bymajority vote ofa quorum ofthe Board members, the proposed regulatoryrevisions

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 oftypographical errors, or formatting shallbe filed with the New Mexico State Records Center, and shall be submitted as expeditiously as possible by the Departmentto the EPA for approval ofdelegation authority.

On Behalfofthe Board

EIB No. 11-04 Proposed Statement ofReasons 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

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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? MR. BRYCE: I move that we adopt. 4 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. MR. GRANTHAM: Thank you. 12 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

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- 18:13, Attorney 121- 2:7. 

### KATHY TOWNSEND COURT REPORTERS

### EIB HEARING, RE: AIR QUALITY REGS, 8/1/11 

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### KATHY TOWNSEND COURT REPORTERS

### EIB HEARING, RE: AIR QUALITY REGS, 8/1/11 

## 3

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- 

### KATHY TOWNSEND COURT REPORTERS

### EIB HEARING, RE: AIR QUALITY REGS, 8/1/11 

## 4

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### KATHY TOWNSEND COURT REPORTERS