SUSANA MARTINEZ 

GOVERNOR 

JOHN A. SANCHEZ 

LIEUTENANT GOVERNOR 

September 19, 2012 

Mr. Thomas Diggs 

State of New Mexico 

ENVIRONMENT DEPARTMENT 

Air Quality Bureau 

1301 Siler Road, Building B 

Santa Fe, NM 87507-3113 

Telephone (505) 476-4300 

Fax (505) 476-4375 

www.nmenv.state.nm.us/aqb 

Associate Direction for Air Programs 

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

1445 Ross Avenue. Suite 1200 

Dallas. Texas 75202-2733 

DAVE MARTIN 

SECRETARY 

BUTCH TONGATE 

DEPUTY SECRETARY 

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RE: Clarification of Intent for Section 220 of 20.2. 72 NMAC- Construction Permits 

Dear Mr. Diggs: 

The State of New 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 of the 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 May 29, 1998. 

Although not explicitly stated in Section 220, Subparagraph (c) of Paragraph 2 of Subsection A 

of Section 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 

quality modeling), it would not be possible to craft a general construction permit, which does not 

require modeling by registrants, to apply to a major stationary source. This limitation is expressly 

stated in the enclosed testimony from the New Mexico Environment Department's public 

hearing for the revisions to Section 220 of20.2.72 NMAC. 

We believe that the current language under Section 220 of 20.2. 72 NMAC does preclude major 

stationary sources from obtaining registration under a general permit. However, to further clarify 

the intent of this section, AQB is amenable to including clarification language to Section 220 the 

next time we propose revisions to 20.2. 72 NMAC. 
Mr. Thomas Diggs 

September 19,2012 

Page 2 

If you have any other questions regarding this issue, please contact uail Cooke of my staff at 

505-476-4319 or via email at gail.cooke@state.nm.us. 

Sincerely, 

47 ' 

JefL~;P# Bureau Chief ' 

Enclosure 

cc: Jeff Robinson, EPA Region 6 

Ashley Mohr, EPA Region 6 
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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 
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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