SUSANA MARTINEZ GOVERNOR JOHNA. SANCHEZ LIEUTENANTGOVERNOR 

### September 19, 2012

Mr. Thomas Diggs 

### State of NewMexico 

# ENVIRONMENTDEPARTMENT Air QualityBureau 

### 1301 SilerRoad, BuildingB Santa 

## Fe, NM 87507-3113 Telephone (505) 476-4300 Fax (505) 476-4375 www.nmenv.state.nm.us/aqb



### Associate Directionfor AirPrograms U.S. EPA Region 6 (6-PD) 1445 Ross Avenue. Suite 1200 Dallas. Texas 75202-2733 DAVEMARTIN SECRETARY BUTCH TONGATE DEPUTYSECRETARY



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### RE: Clarification ofIntent for Section 220 of20.2.72 NMAC- Construction Permits

DearMr. Diggs: The State ofNew Mexico Environment Department Air Quality Bureau (AQB) was recently informed by the U.S. Environmental Protection Agency (EPA), Region VI that the regulatory language regarding general construction permits under Section 220 of 20.2.72

- Construction Permits 

### ofthe New Mexico Administrative Code (NMAC) does not clearly state that general construction permits may not apply to major stationary sources. This language was submitted to EPA as a SIP revision on May29, 1998. Although not explicitly stated in Section 220, Subparagraph (c) ofParagraph 2 ofSubsection A ofSection 20.2.72.220 does state that each general construction permit will meet all applicable requirements including all applicable requirements under 20.2.74 NMAC- Permits- Prevention of Significant Deterioration (PSD). 

### Due to the requirements of20.2.74 NMAC (i.e. ambient air qualitymodeling), it would not bepossible to craft a general construction permit, which does not requiremodelingbyregistrants, to applyto amajor stationary source. This limitation is expressly stated in the enclosed testimony from the New Mexico Environment Department's public hearing for therevisions to Section 220 of20.2.72NMAC. We believe that the current language under Section 220 of20.2.72 NMAC does preclude major stationary sources from obtainingregistration under a general permit. However, to further clarify the intent ofthis section, AQB is amenable to including clarification language to Section 220 the nexttime we proposerevisions to 20.2.72 NMAC.

### Mr. Thomas Diggs September 19,2012 Page 2

Ifyou have any other questions regarding this issue, please contactuail Cooke ofmy staff at 505-476-4319 orvia email at gail.cooke@state.nm.us. Sincerely, 

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# JefL~;P# Bureau Chief ' Enclosure

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.! 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 77
would have to put it in the paper as well, so that
even those who don't live in the area, as well as those who don't live right next to the facility, would have access to that information. MS. FRANK: Or as each general permit develops to the participation of the public, to increase to raise that minimum, if need be, reflecting these types of sources tend to locate in an area, like you say, where maybe on paper the population is not that scattered, so it's a community based on a large land base, and there would have to be consideration on those types of sources locating there to reach people, and maybe it would even go beyond the requirements in 203. It would be whatever was an appropriate mechanism to notify. MS. SWINGLE: Are those kinds of things' written in there? MS. FRANK: Not in this overall enabling language, but as each general permit is developed, it definitely would have to be addressed. MS. SWINGLE: Is that written in there, each general permit that it would be addressed? MS

. WEAVER: Yes. I'd like to follow up and say that the applicability

-- you couldn't develop general permits for PSD sources, we couldn't develop
KATHY TOWNSEND COURT REPORTERS (505) 243-5018

1005 LUNA CIRCLE, NW, ALBUQUERQUE, NM 87102.I 1 ·: 

## . ;; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 78 general permits for sources that are subject to the nonattainment reg, we couldn't develop sources that you know, the general permits for major sources, and
s o there is an upper limit to where we can -- for whom
we can develop general permits. MS. GADZIA: Any other questions? Okay. Is there any other testimony to be given? Okay. If you MR. WARDWELL: I think this concludes the testimony from the Department, if there are no other questions, but I do believe there are other groups in the room that would like to offer maybe not technical testimony, but general comments. MS. GADZIA: Great. Thank you. (Witnesses excused.) MS. GADZIA: Has everybody signed the sign-in sheet in the back? If not, would you please do so? MR. ROSE: We'll try to make this short and hopefully painless. Madam Chair, Members of the Board, as I indicated previously, my name is Louis Rose, I'm an attorney with the law firm of Montgomery & Andrews here in Santa Fe. I'm here on behalf of the New
KATHY TOWNSEND COURT REPORTERS (505) 243-5018

1005 LUNA CIRCLE, NW, ALBUQUERQUE, NM 87102