Albuquerque/Bernalillo County Implementation Plan Elements 

Required Under Section 110(a)(2) for the 

1997 and 2008 8-hour Ozone and 1997 and 2006 Fine Particulate Matter (PM2.5) NAAQS 

Docket ID EPA-R06-OAR-2009-0648 

Technical Support Document (TSD) 

March 30, 2012 

Table of Contents: 

I. Introduction and Background 

II. SIP elements required under Section 110(a)(2) for the 1997 and 2008 8-hour ozone 

and 1997 and 2006 fine particulate matter NAAQS, the State submittals and EPA 

analysis 

III. EPA’s Recommendation 

IV. References 

Appendix A: TSD for Part 8 Ambient Air Quality Standards (20.11.8 NMAC) 

Appendix B: TSD for Part 60 Prevention of Significant Deterioration (PSD) (20.11.61 NMAC) 

I. Introduction

In this technical support document (TSD), EPA is evaluating the submittals from the 

Governor and provided by the Albuquerque/Bernalillo County Air Quality Control Board to 

meet the requirements of section 110(a)(2) of the Clean Air Act (CAA or Act) for the 1997 and 

2008 8-hour ozone and the 1997 and 2006 fine particulate matter (PM2.5) national ambient air 

quality standards (NAAQS or standards). More detail on these standards, section 110(a)(1) and 

(2) of the Act, and the submittals we are reviewing to satisfy the section 110(a)(2) requirements 

for Albuquerque/Bernalillo County, New Mexico (the “County” or “BC”) are provided below. 

Throughout this document, “we,” “us,” and “our” means EPA. 

Section II of this TSD provides a description of each element required under section 

110(a)(2) of the Act, the State’s response, and our analysis of the State’s response. Copies of the 

BC’s submittals are in the docket for this rulemaking. 

Section III of this TSD includes our recommendation for action on each of the elements 

reviewed herein. 

Section IV of this TSD contains a list of the guidance documents referenced herein. 

Copies of these guidance documents are in the docket for this rulemaking. 

 Additionally, we are evaluating several other submittals for BC. Appendix A of this TSD 

contains EPA’s evaluation for the SIP submittal for Part 8, Ambient Air Quality Standards 

(20.11.8 NMAC). Appendix B of this TSD contains EPA’s evaluation for the SIP submittal for 

Part 61, Prevention of Significant Deterioration (PSD) (20.11.61 NMAC). 

Background for this rulemaking

Under sections 110(a)(1) and (2) of the Act, states are required to submit SIPs that 

provide for the implementation, maintenance, and enforcement (the infrastructure) of a new or 

revised NAAQS within three years following the promulgation of the NAAQS, or within such 
2 

shorter period as EPA may prescribe. Section 110(a)(2) lists the specific infrastructure elements 

that must be incorporated into the SIPs, including for example, requirements for emission 

inventories, new source review (NSR), air pollution control measures, and monitoring that are 

designed to assure attainment and maintenance of the NAAQS. Table 1 in Section D of this 

rulemaking provides a list of all 14 infrastructure elements.1 EPA refers to the requirements of 

section 110(a)(2)(A)-(C), (D)(ii), (E)-(H), and (J)-(M) as the “infrastructure” SIPs. Additionally, 

EPA refers to the requirements of section 110(a)(2)(D)(i) as the “interstate transport” SIPs. EPA 

provided separate guidance to states on each type of SIP, infrastructure and interstate transport, 

and these actions are on separate tracks and timelines. 

On July 18, 1997, EPA promulgated a new NAAQS for ozone (published in volume 62 

of the Federal Register (FR), beginning on page 38856, denoted 62 FR 38856) and a new 

standard for fine particulate matter (62 FR 38652). For ozone, EPA revised the NAAQS to 

provide an 8-hour averaging period (versus the 1-hour averaging period for the 1-hour ozone 

standard) and set the level of the standard to 0.08 parts per million (ppm). The 1-hour ozone 

NAAQS was 0.12 ppm. For particulate matter (PM), EPA promulgated a new 24-hour and new 

annual standard for fine PM, which applies to particles with an aerodynamic diameter less than 

or equal to 2.5 micrometers (denoted as PM2.5). The annual PM2.5 standard was set at 15 

micrograms per cubic meter (μg/m3

) and the 24-hour standard was set at 65 μg/m3. On October 

17, 2006, we published revised standards for PM (71 FR 61144). For PM2.5 the annual standard 

of 15 μg/m3 was retained, and the 24-hour standard was revised to 35 μg/m3. For PM10 the 

annual standard was revoked and the 24-hour standard (150 μg/m3

) was retained. On March 27, 

2008, we published revised standards for ozone (73 FR 16436) of 0.75 ppm to replace the 1997 

8-hour standard. For more information on these standards, please see 1997, 2006, and 2008 

Federal Register notices (62 FR 38856, 62 FR 38652, 71 FR 61114, and 73 FR 16436). 

Thus, states were required to submit such SIPs for the 1997 8-hour ozone and PM2.5

NAAQS to EPA no later than June 2000. However, intervening litigation over the 1997 8-hour 

ozone and PM2.5 NAAQS created uncertainty about how to proceed, and many states did not 

provide the required “infrastructure” SIP submission for these newly promulgated NAAQS. 

On March 4, 2004, Earthjustice submitted a notice of intent to sue related to EPA’s 

failure to issue findings of failure to submit related to the infrastructure requirements for the 

1997 8-hour ozone and PM2.5 NAAQS. EPA entered into a consent decree with Earthjustice 

which required EPA, among other things, to complete a Federal Register notice announcing 

EPA’s determinations pursuant to section 110(k)(1)(B) of the Act as to whether each state had 

made complete submissions to meet the requirements of section 110(a)(2) for the 1997 8-hour 

ozone NAAQS by December 15, 2007. Subsequently, EPA received an extension of the date to 

complete this Federal Register notice until March 17, 2008, based upon agreement to make the 

findings with respect to submissions made by January 7, 2008. In accordance with the consent 

decree, EPA made completeness findings for each state based upon what the Agency had 

received from each state as of January 7, 2008. With regard to the 1997 PM2.5 NAAQS, EPA 

 

1

 Two elements identified in section 110(a)(2) are not governed by the 3-year submission deadline of section 

110(a)(1) because SIPs incorporating necessary local nonattainment area controls are not due within 3 years after 

promulgation of a new or revised NAAQS, but rather are due at the time the nonattainment area plan requirements 

are due pursuant to section 172 of the CAA. These elements are: (1) submissions required by section 110(a)(2)(C) to 

the extent that subsection refers to a permit program as required in part D Title I of the CAA and (2) submissions 

required by section 110(a)(2)(I) which pertain to the nonattainment planning requirements of part D Title I of the 

CAA. Therefore, this action does not cover these specific SIP elements. 
3 

entered into a consent decree with Earthjustice, which required EPA, among other things, to 

complete a Federal Register notice announcing EPA’s determinations pursuant to section 

110(k)(1)(B) of the Act as to whether each state had made complete submissions to meet the 

requirements of section 110(a)(2) for the 1997 PM2.5 NAAQS by October 5, 2008. 

On October 2, 2007, we issued “Guidance on SIP Elements Required Under Sections 

110(a)(1) and (2) for the 1997 8-hour Ozone and 1997 PM2.5 National Ambient Air Quality 

Standards,” Memorandum from William T. Harnett, Director, Air Quality Policy Division 

(AQPD), Office of Air Quality Planning and Standards (OAQPS).2

 On September 25, 2009, we 

issued “Guidance on SIP Elements Required Under Sections 110(a)(l) and (2) for the 2006 24-

Hour Fine Particle (PM2.5) National Ambient Air Quality Standards (NAAQS),” Memorandum 

also from William T. Harnett, Director, AQPD, OAQPS. Each of these guidance memos 

addresses the SIP elements found in 110(a)(2). However, the October 2, 2007 Guidance does not 

address section 110(a)(2)(D)(i) (dealing with interstate transport), which is being addressed 

separately.3

 In each of these guidance memos, the guidance states that to the extent that existing 

SIPs already meet the requirements, states need only certify that fact to us. 

EPA received the December 11, 2007 “certification letter” certifying that the BC portion 

of the Infrastructure SIP includes all the requirements in section 110(a)(1) and (2) of the Act for 

implementation of the 1997 8-hour ozone NAAQS. 

On March 27, 2008 we published findings concerning whether states had made the 

110(a)(2) submissions for the 1997 8-hour ozone NAAQS (73 FR 16205) and on October 22, 

2008 we published findings concerning whether states had made the 110(a)(2) submissions for 

the 1997 PM2.5 NAAQS (73 FR 62902). In the March 27, 2008 action, we found that New 

Mexico (including BC) addressed all but one of the requirements of section 110(a)(2) of the Act 

necessary to implement the 1997 ozone NAAQS. As required by section 110(a)(2)(C) and (J), 

New Mexico failed to submit a SIP addressing changes to the part C Prevention of Significant 

Deterioration (PSD) permit program required by the November 29, 2005 (70 FR 71612, page 

71699) final rule that made NOx a precursor for ozone in the part C regulations at 40 CFR 

51.166 and in 40 CFR 52.21. Subsequent to this finding, the Albuquerque/Bernalillo County 

PSD program was revised to implement the 8-hour ozone NAAQS by adopting regulations to 

implement NOX as a precursor for ozone on December 22, 2005 and April 13, 2006. These 

revisions were submitted to EPA as SIP revisions by the Governor of New Mexico on May 24, 

2006. EPA SIP-approved the December 22, 2005 PSD revisions on April 26, 2007 (72 FR 

20728). In the October 22, 2008 action, we found that New Mexico (including BC) made 

complete SIP submissions to satisfy the requirements of section 110(a)(2) of the Act necessary to 

implement the 1997 PM2.5 NAAQS. 

On April 7, 2008 the Office of the Governor submitted a letter certifying that the BC SIP 

did not comply with all of the requirements in section 110(a)(1) and (2) of the Act for 

implementation of the 1997 PM2.5 NAAQS and outlined what sections of the New Mexico SIP 

(including Bernalillo County) needed to be revised to comply with the 110(a)(1) and (2) 

 

2

 This and any other guidance documents referenced in this action are in the docket for this rulemaking. 

3

 EPA finalized a FIP on July 6, 2011, to limit emissions of ozone precursors and PM that affect the ability of 

downwind states to attain the 1997 ozone and 1997 and 2006 PM2.5 NAAQS (76 FR 48208, August 8, 2011). 

Known as EPA’s Cross-State Air Pollution Rule, it requires the District of Columbia and 28 other states in the 

eastern half of the United States must significantly improve air quality by reducing power plant emissions that cross 

state lines and contribute to ground-level ozone and fine particle pollution in other states. For additional information, 

please see www.epa.gov/crossstaterule. 
4 

requirements. Attached to the certification letter was supporting information that identified the 

BC SIP proposed revisions and schedule. 

On October 22, 2008, EPA published its “Completeness Findings for Section 110(a) State 

Implementation Plans Pertaining to the 1997 Fine Particulate Matter (PM2.5) NAAQS” listing 

New Mexico (which included Albuquerque/Bernalillo County) as ones of the states making a 

complete SIP submission to satisfy Section 110(a)(2) requirements. The submittal became 

complete by operation of law. 

On May 6, 2008, the Governor submitted a revision to the SIP to add a new regulation 

20.11.47 to New Mexico’s Administrative Code (NMAC) to meet EPA’s emission inventory 

requirements under the Consolidated Emissions Reporting Rule and the National Emissions 

Inventory Input Format which applies to Bernalillo County. 

On December 15, 2010, the Governor submitted a revision to the SIP to establish 

appropriate emission thresholds for determining which new stationary sources and modification 

projects become subject to BC’s Prevention of Significant Deterioration (PSD) permitting 

requirements for their greenhouse gas (GHG) emissions. That submittal was handled separately 

from this proposed action (76 FR 59334). EPA proposed approval of the December 15, 2010 

Albuquerque/Bernalillo County PSD SIP because EPA made the determination that the SIP 

revision is in accordance with section 110 and part C of the Federal Clean Air Act and EPA 

regulations regarding PSD permitting for GHGs. The final rule dated December 29, 2011 is 

effective January 30, 2012 (see 76 FR 81836). 

II. SIP elements required under Section 110(a)(2) for the 1997 and 2008 8-hour ozone and the 

1997 and 2006 fine particulate matter NAAQS, the State submittals, and EPA analysis

 The Federally approved SIP for each state is listed in Title 40, Part 52, of the US Code of 

Federal Regulations (denoted 40 CFR 52). The first section in this subpart for any state is the 

“Identification of plan.” The Identification of plan lists the EPA-approved provisions of the SIP 

for each state, as provided under section 110 of the Act, 42 U.S.C. 7410, and 40 CFR 51 to meet 

the NAAQS. The status of the BC SIP is provided in 40 CFR Part 52, Subpart GG, section 1620. 

The Identification of plan for the County is in section 1620; this constitutes the applicable SIP 

for the County, for purposes of the Act. 

Per the General Preamble to the 1990 Clean Air Act Amendments (April 16, 1992 at 57 

FR 13498), section 110(a)(2) sets forth elements that a SIP must contain in order to be fully 

approved.4

 Below we examine the elements required in section 110(a)(2) and the documentation 

provided by the County. Where it is useful, we include tables showing the date that the 

applicable state rules were approved by EPA into the SIP. 

1. Enforceable emission limits and other control measures: Section 110(a)(2)(A) requires 

SIPs to include enforceable emission limits and other control measures, means or techniques, 

schedules for compliance and other related matters. EPA notes that the specific nonattainment 

area plan requirements of section 110(a)(2)(I) are subject to the timing requirement of section 

172 (non-attainment plan provisions). 

 

4 The discussion of section 110(a)(2), subsection (A) through (M) begins of p. 13556 of the General Preamble.
5 

The BC’s response: 

States are to include enforceable emission limitations and other control measures, means, 

or techniques (including economic incentives such as fees, marketable permits, and 

auctions of emissions rights), as well as schedules and timetables for compliance as may 

be necessary or appropriate to meet the applicable requirements of the Act. 

Bernalillo County‘s enforceable emission limitations and other control measures are 

covered in the Air Quality Control Act and those provisions of New Mexico 

Administrative Code (NMAC) Title 20—Environment Protection, Chapter 11— 

Albuquerque – Bernalillo County Air Quality Control Board, listed at 40 CFR 52.GG, 

and source specific provisions codified at 40 CFR 52.GG. Enacted in 1967, the New 

Mexico Air Quality Control Act [NM STAT ANN § § 74-2-1 through 74-2-17] allowed 

for the establishment of the Albuquerque-Bernalillo County Air Quality Control Board 

(Air Board) as a local board and gave it authority to administer and enforce its air quality 

regulations within the boundaries of Bernalillo County. The regulations filed under New 

Mexico Administrative Code (NMAC), Title 20—Environment Protection, Chapter 11— 

Albuquerque – Bernalillo County Air Quality Control Board, were duly adopted by the 

Air Board. Where these provisions relate to Section 110 requirements, SIP revisions 

have been submitted to EPA for approval. EPA-approved SIP revisions are codified at 

40 CFR Part 52, Subpart GG. Bernalillo County has an EPA-approved air permitting 

program for both major and minor sources, which ensures that all applicable 

requirements are included in the source's permit. 

EPA analysis: Section 110(a)(2)(A) requires that all measures and other elements in the 

SIP be enforceable. This subsection also authorizes SIPs to contain certain nontraditional 

techniques for reducing pollution – economic incentives, marketable permits, and auctions of 

emissions rights. The EPA reads this language to require even these other means of achieving 

reductions to be enforceable.5 

Enacted in 1967, the New Mexico Air Quality Control Act (AQCA) provided for the 

establishment of the Albuquerque-Bernalillo County AQCB as a joint local authority, acting on 

behalf of both the County of Bernalillo and the City of Albuquerque. Within the exterior 

boundary of Bernalillo County, the AQCB is authorized to adopt, promulgate, publish, amend 

and repeal regulations consistent with the New Mexico Air Quality Control Act, and to maintain 

national ambient air quality standards and prevent or abate air pollution, including regulations 

prescribing air standards, within Bernalillo County. Through the City of Albuquerque’s 

Department of Environmental Health, the Albuquerque Air Quality Division (AQD) serves as 

the administrative agency for the AQCB. The AQD is authorized to administer and enforce the 

provisions of the New Mexico Air Quality Control Act within the boundary of Bernalillo 

County. 

Under sections 110(a)(1) and (2) of the Act, states are required to submit SIPs that 

provide for the implementation, maintenance, and enforcement (the infrastructure) of a new or 

revised NAAQS within three years following the promulgation of the NAAQS, or within such 

shorter period as EPA may prescribe. Section 110(a)(2) lists the specific infrastructure elements 

 

5

 General Preamble to the 1990 Clean Air Act Amendments (April 16, 1992 at 57 FR 13498, p. 13556) 
6 

that must be incorporated into the SIPs, including for example, requirements for emission 

inventories, new source review (NSR), air pollution control measures, and monitoring that are 

designed to assure attainment and maintenance of the NAAQS. 

The AQCB has promulgated rules to limit and control emissions of, among other things, 

PM, sulfur compounds (including sulfur dioxide or SO2), nitrogen compounds (including NOx), 

and VOCs. These rules include emission limits, control measures, programs for banking and 

trading of emissions, emission reduction incentive programs, permits, fees, and compliance 

schedules and are found within Title 20, Chapter 11 of the New Mexico Administrative Code 

(denoted 20.11 NMAC). 

EPA has found the following from the NMAC as relevant in helping the BC SIP meet the 

requirements of section 110(a)(2)(A): 

Regulation 20.11.1 NMAC General Provisions 

Regulation 20.11.40 NMAC Source Registration 

Regulation 20.11.41 NMAC Authority to Construct 

Regulation 20.11.42 NMAC Operating Permits 

Regulation 20.11.46 NMAC Western Backstop Sulfur Dioxide Trading Program 

Regulation 20.11.60 NMAC Permitting in Nonattainment Areas 

Regulation 20.11.61 NMAC Prevention of Significant Deterioration (PSD) 

Regulation 20.11.63 NMAC New Source Performance Standards (NSPS) 

Regulation 20.11.64 NMAC Emission Standards for Hazardous Air Pollutants 

 Regulation 20.11.1 provides for the general permit requirements and permit fees. 

Regulation 20.11.40 provides for source registrations. Regulation 20.11.41 provides for stack 

height limitations, construction permit applications and conditions, and relocation permits. 

Regulation 20.11.42 addresses operating permit requirements and conditions. Regulation 

20.11.60 identifies the requirements for sources located in nonattainment areas. Regulation 

20.11.60 identifies the applicability of PSD requirements and describes the control technology 

required to be installed by applicable sources. Regulation 20.11.63 describes the new source 

performance standards that stationary sources must meet. Regulation 20.11.64 provides for the 

emission standards for hazardous air contaminants. 

 EPA has also found the following from Title 20 of the NMAC as relevant in helping the 

BC SIP meet the requirements of section 110(a)(2)(A): 

Regulation 20.11.2 NMAC Fees 

Regulation 20.11.3 NMAC Transportation Conformity 

Regulation 20.11.4 NMAC General Conformity 

Regulation 20.11.5 NMAC Visible Air Contaminants 

Regulation 20.11.6 NMAC Emergency Action Plan 

Regulation 20.11.7 NMAC Variance Procedure 

Regulation 20.11.8 NMAC Ambient Air Quality Standards 

Regulation 20.11.20 NMAC Fugitive Dust Control 

Regulation 20.11.21 NMAC Open Burning 
7 

Regulation 20.11.22 NMAC Wood Burning 

Regulation 20.11.23 NMAC Stratospheric Ozone Protection 

Regulation 20.11.43 NMAC Stack Height Requirements 

Regulation 20.11.46 NMAC Sulfur Dioxide Emissions Inventory Requirements 

Regulation 20.11.47 NMAC Emissions Inventory Requirements 

Regulation 20.11.48 NMAC Greenhouse Gas Emissions Reporting 

Regulation 20.11.49 NMAC Excess Emissions 

Regulation 20.11.62 NMAC Acid Rain 

Regulation 20.11.65 NMAC Volatile Organic Compounds 

Regulation 20.11.66 NMAC Process Equipment 

Regulation 20.11.67 NMAC Equipment, Emissions, Limitations 

Regulation 20.11.68 NMAC Incinerators and Crematories 

Regulation 20.11.69 NMAC Pathological Waste Destructors 

Regulation 20.11.71 NMAC Municipal Solid Waste Landfills 

Regulation 20.11.80 NMAC Adjudicatory Procedures - Enforcement 

Regulation 20.11.81 NMAC Adjudicatory Procedures – Air Board 

Regulation 20.11.82 NMAC Rulemaking Procedures – Air Board 

Regulation 20.11.90 NMAC Administration, Enforcement, Inspection 

Regulation 20.11.100 NMAC Motor Vehicle Inspection - Decentralized 

Regulation 20.11.101 NMAC Motor Vehicle Inspection - Centralized 

Regulation 20.11.102 NMAC Oxygenated Fuels 

Regulation 20.11.103 NMAC Motor Vehicle Visible Emissions 

Regulation 20.11.104 NMAC Emission Standards for New Motor Vehicles 

We conclude that BC’s SIP meets the requirements of section 110(a)(2)(A) for the 1997 

and 2008 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. 

Table 1: BC rules relevant to meeting section 110(a)(2)(A), as determined by EPA: 

Relevant Section of BC’s SIP EPA Approval/Federal Register 

Part 1 (20.11.1 NMAC) General Provisions 

Part 3 (20.11.3 NMAC) Transportation Conformity 

Part 4 (20.11.4 NMAC) General Conformity 

Part 5 (20.11.5 NMAC) Visible Air Contaminants 

Part 6 (20.11.6 NMAC) Emergency Action Plan 

Part 7 (20.11.7 NMAC) Variance Procedure 

Part 8 (20.11.8 NMAC) Ambient AQ Standards 

Part 20 (20.11.20 NMAC) Fugitive Dust Control 

Part 21 (20.11.21 NMAC) Open Burning 

Part 22 (20.11.22 NMAC) Woodburning 

Part 40 (20.11.40 NMAC) Source Registration 

Part 41 (20.11.41 NMAC) Authority to Construct 

Part 43 (20.11.43 NMAC) Stack Height Req’s 

Part 49 (20.11.49 NMAC) Excess Emissions 

Part 60 (20.11.60 NMAC) Permitting in NA Areas 

Part 61 (20.11.61 NMAC) PSD 

July 21, 2005 at 70 FR 41963 

April 22, 2010 at 75 FR 20922 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

May 31, 2006 at 71 FR 30805 

May 31, 2006 at 71 FR 30805 

April 1, 2009 at 74 FR 14731 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

February 4, 2010 at 75 FR 5698 

April 26, 2007 at 72 FR 20728 

April 26, 2007 at 72 FR 20728 
8 

Relevant Section of BC’s SIP EPA Approval/Federal Register 

Part 63 (20.11.63 NMAC) NSPS 

Part 64 (20.11.64 NMAC) Emission Standards for 

HAPs 

Part 65 (20.11.65 NMAC) Volatile Organic 

Compounds 

Part 66 (20.11.66 NMAC) Process Equipment 

Part 67 (20.11.67 NMAC) Equipment, Emissions, 

Limitations 

Part 68 (20.11.68 NMAC) Incinerators and 

Crematories 

Part 90 (20.11.90 NMAC) Source Surveillance 

Part 100 (20.11.100 NMAC) Motor Vehicle 

Inspection – Decentralized 

Part 102 (20.11.102 NMAC) Oxygenated Fuels 

Part 103 (20.11.103 NMAC) Motor Vehicle Visible 

Emissions 

December 30, 2004 at 69 FR 78314\ 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

February 4, 2010 at 75 FR 5698 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

February 4, 2010 at 75 FR 5698 

July 21,2005 at 70 FR 41963 

February 11, 2010 at 75 FR 6813 

December 30, 2004 at 69 FR 78314 

2. Ambient air quality monitoring and data analysis system: Section 110(a)(2)(B) requires 

SIPs to include provisions for establishment and operation of ambient air quality monitors, 

collecting and analyzing ambient air quality data, and making these data available to EPA upon 

request. 

The BC’s response: 

States are to establish and operate devices, methods, systems, and procedures to monitor, 

compile, and analyze ambient air quality data and to provide the data to EPA. 

Bernalillo County has an extensive air quality monitoring network operated by the Air 

Quality Division that collects air quality data that are compiled, analyzed, and reported to 

EPA. The Air Quality Division’s website contains up-to-date information about air 

quality monitoring, including a description of the network and information about 

monitoring of ozone and PM2.5, as well as the daily Air Quality Index (AQI). See 

http://www.cabq.gov/airquality/ with links to all elements of the program. 

In addition to the current network of federally-approved reference monitors that measure 

PM2.5 mass, the Air Quality Division also operates a continuous PM2.5 mass monitor. 

The Air Quality Division collects speciation filters every 6th day from this prospective 

New Mexico NCore site in Bernalillo County, and then sends these filters to the EPA 

national contractor, RTI for analysis. 

The Air Quality Division is committed to managing the grant and City of Albuquerque 

match resources so that the air quality monitoring network continues to comply with EPA 

requirements and quarterly reports of compiled and analyzed air quality monitoring data 

are provided to EPA. Current resource levels do not allow for any expansion of the 

network or program services. 
9 

EPA analysis: EPA has found the following from Title 20 – Environmental Protection, Chapter 

11 as relevant in demonstrating that the BC SIP satisfies the requirements of section 

110(a)(2)(B): 

Chapter 11 Albuquerque/Bernalillo County Air Quality Control Board 

 Part 8 (20.11.8 NMAC): Air Quality Standards and Increments 

 

Part 8 of Chapter 11 enumerates the federal and state primary and secondary ambient air 

quality standards. These ambient air quality standards are consistent with the NAAQS for ozone 

and PM2.5 which EPA promulgated on July 18, 1997 (62 FR 38651). This rule was approved by 

EPA for adoption into the SIP and is also part of this rulemaking. See Table 2. 

Section 110(a)(2)(B) requires SIPs to include provisions for establishment and operation 

of ambient air quality monitors, collecting and analyzing ambient air quality data, and making 

these data available to EPA upon request. The AQD operates and maintains a network of air 

quality monitors throughout Bernalillo County; data are collected, results are quality assured and 

the data are submitted to EPA’s Air Quality System6

 on a quarterly basis. The air quality 

surveillance network undergoes annual review by EPA. EPA evaluated Albuquerque’s 2011 

Annual Monitoring Network Plan (AAMNP) and approved it on January 13, 2012.7 The AQD’s 

AAMNP addresses each of the criteria pollutants, including 8-hour ozone and PM2.5 and thus 

allows the AQD to measure the BC air quality for compliance with the 1997 and 2008 8-hour 

ozone standards, and the 1997 and 2006 PM2.5 standards. 

The AQD’s air quality surveillance network consists of nine stations that measure 

ambient concentrations of the criteria pollutants for which standards have been established in 40 

CFR Part 50 (46 FR 2655), including ozone and PM2.5. The AQD works closely with EPA 

Region 6 and the New Mexico Air Quality Bureau to ensure that its monitoring network meets 

the requirements for ozone monitoring networks at 40 CFR part 58 Appendix D. The AQD’s 

website (www.cabq.gov/airquality) and EPA’s AirNow website (www.airnow.gov) contain upto-date information about air quality monitoring, including a description of the network, 

information about monitoring of ozone and PM2.5, and the daily Air Quality Index (AQI). 

In summary, BC meets the requirements to establish, operate, and maintain an ambient 

air monitoring network, collect and analyze the monitoring data, and make the data available to 

EPA upon request. Based on this analysis, we conclude that the BC SIP meets the requirements 

of section 110(a)(2)(B) for the 1997 and 2008 8-hour ozone and the 1997 and 2006 PM2.5

NAAQS. 

Table 2: BC rules relevant to meeting section 110(a)(2)(B), as determined by EPA: 

Relevant Section of BC’s SIP EPA Approval/Federal Register 

 

Part 8 (20.11.8 NMAC) Ambient Air Quality 

Standards 

May 31, 2006 at 71 FR 30805 

 

6

 The Air Quality System (AQS) is EPA's repository of ambient air quality data. AQS stores data from over 10,000 

monitors, 5,000 of which are currently active. State, Local and Tribal agencies collect the data and submit it to AQS 

on a periodic basis. 

7

 A copy of EPA’s evaluation and approval is in the docket for this rulemaking. 
10 

3. Program for enforcement of control measures: Section 110(a)(2)(C) requires states to 

include a program providing for enforcement of the measures described in subparagraph (A), and 

the regulation of the modification and construction of any stationary source within the areas 

covered by the SIP as necessary to assure that the NAAQS are achieved, including a permit 

program as required in part C of the Act. 

The BC's response: 

Section 110(a)(2)(C) requires states to include a program providing for enforcement of all 

SIP measures and the regulation of construction of new or modified stationary sources to 

meet Prevention of Significant Deterioration (PSD) and nonattainment NSR 

requirements. 

The Air Quality Division commits to the continued enforcement of control measures for 

which it has jurisdiction and the continued operation of permitting and enforcement 

programs with respect to measures required by the CAA. 

Evidence of the Air Quality Division’s commitment, is shown by its submittal of 

proposed changes to the current PSD and NNSR rules as well as this submittal of a 

complete infrastructure SIP to address PM2.5 and ozone. These amendments will cure the 

deficiency noted by EPA requiring that NOX be delineated as a precursor to ozone 

formation. 

EPA analysis: EPA has found the following from the NMAC as relevant in helping the BC SIP 

meet the requirements of section 110(a)(2)(C): 

Regulation 20.11.1 NMAC General Provisions 

Regulation 20.11.41 NMAC Authority to Construct 

Regulation 20.11.42 NMAC Operating Permits 

Regulation 20.11.60 NMAC Permitting in Nonattainment Areas 

Regulation 20.11.61 NMAC Prevention of Significant Deterioration (PSD) 

Regulation 20.11.63 NMAC New Source Performance Standards (NSPS) 

EPA has found the following sections of NMAC as relevant in showing the BC SIP 

satisfies the requirements of section 110(a)(2)(C): 

Regulation 20.11.3 NMAC Transportation Conformity 

Regulation 20.11.4 NMAC General Conformity 

Regulation 20.11.5 NMAC Visible Air Contaminants 

Regulation 20.11.6 NMAC Emergency Action Plan 

Regulation 20.11.7 NMAC Variance Procedure 

Regulation 20.11.8 NMAC Ambient Air Quality Standards 

Regulation 20.11.20 NMAC Fugitive Dust Control 

Regulation 20.11.21 NMAC Open Burning 

Regulation 20.11.22 NMAC Wood Burning 

Regulation 20.11.23 NMAC Stratospheric Ozone Protection 

Regulation 20.11.43 NMAC Stack Height Requirements 
11 

Regulation 20.11.46 NMAC Sulfur Dioxide Emissions Inventory Requirements 

Regulation 20.11.47 NMAC Emissions Inventory Requirements 

Regulation 20.11.48 NMAC Greenhouse Gas Emissions Reporting 

Regulation 20.11.49 NMAC Excess Emissions 

Regulation 20.11.62 NMAC Acid Rain 

Regulation 20.11.65 NMAC Volatile Organic Compounds 

Regulation 20.11.66 NMAC Process Equipment 

Regulation 20.11.67 NMAC Equipment, Emissions, Limitations 

Regulation 20.11.68 NMAC Incinerators and Crematories 

Regulation 20.11.69 NMAC Pathological Waste Destructors 

Regulation 20.11.71 NMAC Municipal Solid Waste Landfills 

Regulation 20.11.80 NMAC Adjudicatory Procedures - Enforcement 

Regulation 20.11.81 NMAC Adjudicatory Procedures – Air Board 

Regulation 20.11.82 NMAC Rulemaking Procedures – Air Board 

Regulation 20.11.90 NMAC Administration, Enforcement, Inspection 

 

EPA has found the following from 595 OAC as relevant in showing the BC SIP satisfies 

the requirements of section 110(a)(2)(C): 

Regulation 20.11.100 NMAC Motor Vehicle Inspection - Decentralized 

Regulation 20.11.101 NMAC Motor Vehicle Inspection - Centralized 

Regulation 20.11.102 NMAC Oxygenated Fuels 

Regulation 20.11.103 NMAC Motor Vehicle Visible Emissions 

Regulation 20.11.104 NMAC Emission Standards for New Motor Vehicles 

 

The New Mexico Air Quality Control Act provides the AQCB with enforcement 

authority and BC has an EPA-approved air permitting program for both major and minor 

sources. The administrative proceedings for enforcement actions, including administrative 

compliance orders and determination of penalty, are provided in 20.11.90 NMAC (February 4, 

2010 at 75 FR 5698). The rules in 20.11 NMAC address allowable emission rates, compliance, 

control technology requirements, control schedules, monitoring and testing requirements, and 

reporting and recordkeeping requirements. These clarify the boundaries beyond which regulated 

entities in BC can expect enforcement action. 

For example, 20.11.20 NMAC addresses fugitive dust control and has provisions for 

assessment of administrative enforcement actions and administrative penalties for violations of 

permit terms and conditions, along with injunctive relief (SIP-approved April 1, 2009 at 74 FR 

14731). The permitting rules for BC at 20.11.41, 20.11.42, 20.11.60 and 20.11.61 NMAC are 

governed by Bernalillo County Ordinance 94-5, known as the Joint Air Quality Control Board 

Ordinance, provides the AQD with authority to enforce permitting provisions, and provide for 

assessment of administrative enforcement actions and administrative penalties for violations of 

those permit terms and conditions, and injunctive relief (Bernalillo County Ordinance 94-5, 

Sections 9-18). The Albuquerque/Bernalillo County AQCB and AQD have the necessary legal 

authority to have reasonable requirements for measuring and monitoring air emissions and to 

require owners and operators of sources to make and maintain records of the emissions. 

Therefore, the Albuquerque/Bernalillo County AQCB and AQD have the requisite legal 
12 

authority to implement and enforce the minor and major permit revision procedures in 

accordance with the requirements of the CAA. 

To meet the requirement for having a program for the regulation of the modification and 

construction of any stationary source within the areas covered by the plan as necessary to assure 

that NAAQS are achieved, including a permit program as required by part C and part D of the 

CAA, generally, the State is required to have SIP-approved PSD, Nonattainment, and Minor 

NSR permitting programs adequate to implement the 1997 and 2008 8-hour ozone and the 1997 

and 2006 PM2.5 NAAQS. As discussed previously, we are not evaluating nonattainment-related 

provisions, such as the nonattainment NSR program required by part D in 110(a)(2)(C) and 

measures for attainment required by section 110(a)(2)(I), as part of the infrastructure SIPs for 

these four NAAQS because these submittals are required beyond the date (3 years from NAAQS 

promulgation) that section 110 infrastructure submittals are required. 

PSD programs apply in areas that are meeting the NAAQS or are unclassifiable, referred 

to as areas in attainment. PSD applies to new major sources and major modifications at existing 

sources. The BC PSD program, found at 20.11.61 NMAC, was initially approved into the SIP on 

December 21, 1993, effective January 20, 1994 at 58 FR 67330. Subsequent revisions to the BC 

PSD program were approved into the SIP on April 26, 2007 at 72 FR 20728. The BC has 

authority to issue PSD permits and enforce them under its approved PSD SIP. 

PSD requirements for 1997 and 2008 Ozone NAAQS: 

To implement section 110(a)(2)(C) for the 1997 and 2008 NAAQS, a state must have 

updated its PSD rules to address NOX as an ozone precursor (70 FR 71612). On May 24, 2006 

and August 16, 2010, the Governor submitted the provisions for NOX as a precursor consistent 

with EPA’s November 29, 2005, Phase 2 rule for the 1997 ozone NAAQS (70 FR 71612) as part 

of its revisions to 20.11.61 PSD NMAC. Based on our review and analysis of the May 24, 2006 

and August 16, 2010 submittals, EPA is proposing to approve the following revisions to the 

Albuquerque/Bernalillo County PSD SIP as necessary to implement the provision for NOX as a 

precursor to ozone consistent with 70 FR 71612: revisions to 20.11.61.7.HH Major Modification 

adopted April 13, 2006 and submitted May 24, 2006, revisions to 20.11.61.7.YY Significant, and 

20.11.61.27 Table 2 – Significant Emission Rates adopted July 14, 2010 and submitted August 

16, 2010; revisions to 20.11.61.7.VV Regulated New Source Review Pollutant adopted July 12, 

2010 and submitted August 16, 2010; and revisions to 20.11.61.28 Table 3 – Significant 

Monitoring Concentrations adopted on April 13, 2006 and July 14, 2010 and submitted on May 

24, 2006 and August 16, 2010, respectively. Please see section II.B of the proposed notice and 

this TSD accompanying this rulemaking for additional information about how the May 24, 2006 

and August 16, 2010 PSD SIP revisions satisfy section 110(a)(2)(C) for the 1997 and 2008 8-

hour ozone NAAQS. 

PM2.5 Permitting: To implement section 110(a)(2)(C) for the 1997 and 2006 PM2.5

NAAQS, a state must provide revisions to implement the NAAQS, due May 16, 2011 (May 16, 

2008 Federal Register, 73 FR 28321). On July 14, 2010 the AQCB adopted these revisions 

effective August 30, 2010. On August 16, 2010, the Governor submitted necessary revisions to 

the BC SIP to amend the PSD program to meet the 1997 and 2006 PM2.5 NAAQS 

implementation requirements. EPA is proposing to approve the following revisions to the BC 

PSD SIP adopted on July 14, 2010 and submitted on August 16, 2010 in today’s action: revisions 

to 20.11.61.7.YY Significant and 20.11.61.27 Table 2 – Significant Emission Rates; revisions to 

20.11.61.7.VV Regulated NSR Pollutant; and revisions to 20.11.61.18(H) – Monitoring 

Requirements Air Quality Analysis. Please see sections I.C and II.B of the notice and Appendix 
13 

B of this TSD for more information on our approval of revisions to the PSD Program for PM2.5 

permitting. 

GHG PSD Permitting: 

The Tailoring Rule established thresholds that phase in the applicability of PSD 

requirements to GHG sources, starting with the largest GHG emitters, and were designed to 

relieve the overwhelming administrative burdens and costs associated with the dramatic increase 

in permitting burden that would have resulted from applying PSD requirements to GHG 

emission increases at or above only the mass-based statutory thresholds of 100/250 tons per year 

generally applicable to all PSD-regulated pollutants starting on January 2, 2011. However, EPA 

recognized that even after it finalized the Tailoring Rule, many SIPs with approved PSD 

programs would, until they were revised, continue to apply PSD at the statutory thresholds, even 

though the States would not have sufficient resources to implement the PSD program at those 

levels. EPA consequently implemented its “PSD SIP Narrowing Rule” and narrowed its approval 

of those provisions of previously approved SIPs that apply PSD to GHG emissions increases 

from sources emitting GHGs below the Tailoring Rule thresholds (75 FR 82536, December 30, 

2010). Through the PSD SIP Narrowing Rule, EPA withdrew its previous approvals of those 

programs to the extent the SIPs apply PSD to increases in GHG emissions from GHG-emitting 

sources below the Tailoring Rule thresholds. The portions of the PSD programs regulating GHGs 

from GHG-emitting sources with emission increases at or above the Tailoring Rule thresholds 

remained approved. The effect of EPA narrowing its approval in this manner is that the 

provisions of previously approved SIPs that apply PSD to GHG emissions increases from 

sources emitting GHGs below the Tailoring Rule thresholds have the status of having been 

submitted by the State but not yet acted upon by EPA (75 FR 82536). 

On December 15, 2010, the Governor submitted a revision to the SIP to establish 

appropriate emission thresholds for determining which new stationary sources and modification 

projects become subject to BC’s PSD permitting requirements for GHG emissions. The BC PSD 

SIP revision to address GHGs was approved by the EPA on December 29, 2011 (76 FR 81836). 

Thus, the GHG emission thresholds for PSD applicability set forth in EPA’s Tailoring Rule, 

ensuring that smaller GHG sources emitting less than these thresholds are not subject to section 

110 of the CAA were approved. 

EPA has determined that Albuquerque/Bernalillo County’s minor NSR program adopted 

pursuant to section 110(a)(2)(C) of the Act regulated emissions of ozone and PM2.5 and their 

precursors. EPA has also been made aware of concerns that certain provisions of some states’ 

minor NSR programs adopted pursuant to section 110(a)(2)(C) of the Act may not meet all the 

requirement s found in EPA’s regulations implementing that provision. See 40 CFR 51.160 – 

51.164. EPA previously approved Albuquerque/Bernalillo County’s minor NSR program in to 

the SIP (see 69 FR 78314). Since then, Albuquerque/Bernalillo County and EPA have relied 

upon Albuquerque/Bernalillo County’s existing minor NSR program to assure that new and 

modified sources not captured by the major NSR permitting program do not interfere with 

attainment and maintenance of the NAAQS. In this action, EPA is proposing to approve 

Albuquerque/Bernalillo County’s Infrastructure SIP for the 1997 and 2008 ozone and 1997 and 

2006 PM2.5 standards with respect to the general requirement in section 110(a)(2)(C) to include a 

program in the SIP that regulates the modification and construction of any stationary source 

necessary to assure that the NAAQS are achieved. 

Minor Source Permitting: 
14 

Section 110(a)(2)(C) creates a “general duty on States to include a program in their SIP 

that regulates the modification and construction of any stationary source as necessary to assure 

that the NAAQS are achieved” (70 FR 71612, 71677). EPA provides states with a “broad degree 

of discretion” in implementing their minor NSR programs (71 FR 48696, 48700, August 21, 

2006). The “considerably less detailed” regulations for minor NSR are provided in 40 CFR 

51.160 through 51.164. We approved the Albuquerque/Bernalillo County minor NSR program 

on December 30, 2004. We have determined that the Albuquerque/Bernalillo County minor 

NSR regulations at 20.11.41 NMAC adopted pursuant to section 110(a)(2)(C) regulated 

emissions of ozone and its precursors and PM. See 69 FR 78312. Albuquerque/Bernalillo County 

and EPA have relied upon the BC SIP-approved existing minor NSR program to ensure that new 

and modified sources not captured by the major NSR or PSD permitting programs do not 

interfere with attainment and maintenance of the NAAQS. 

In this action, EPA is proposing to approve Albuquerque/Bernalillo County’s 

Infrastructure SIP for the 1997 and 2008 ozone and 1997 and 2006 PM2.5 standards with respect 

to the general requirement in section 110(a)(2)(C) to include a program in the SIP that regulates 

the modification and construction of any stationary source necessary to assure that the NAAQS 

are achieved. EPA did not reevaluate Albuquerque/Bernalillo County’s minor source program at 

this time, and therefore, is not proposing to approve or disapprove the Albuquerque/Bernalillo 

County existing minor NSR SIP program itself to the extent that it may be inconsistent with 

EPA’s regulations governing this program. EPA believes that a number of states may have minor 

NSR provisions that are contrary to the existing EPA regulations for this program. EPA intends 

to work with states to reconcile state minor NSR SIP programs with EPA’s regulatory provisions 

for the program. The statutory requirements of section 110(a)(2)(C) provide for considerable 

flexibility in designing minor NSR programs, and EPA believes it may be time to revisit the 

regulatory requirements for this program in order to give the states an appropriate level of 

flexibility to design programs that meet their particular air quality concerns, while assuring 

reasonable consistency across the country in protecting the NAAQS with respect to new and 

modified minor sources. 

Based on the above, we are proposing that the Albuquerque/Bernalillo County SIP meets 

the requirements of section 110(a)(2)(C) for the 1997 and 2008 8-hour ozone and the 1997 and 

2006 PM2.5 NAAQS. 

Table 3: BC rules relevant to meeting section 110(a)(2)(C), as determined by EPA: 

Relevant Section of BC’s SIP EPA Approval/Federal Register Citation 

Part 1 (20.11.1 NMAC) General Provisions 

Part 3 (20.11.3 NMAC) Transportation 

Conformity 

Part 4 (20.11.4 NMAC) General Conformity 

Part 5 (20.11.5 NMAC) Visible Air 

Contaminants 

Part 6 (20.11.6 NMAC) Emergency Action Plan 

Part 7 (20.11.7 NMAC) Variance Procedure 

Part 8 (20.11.8 NMAC) Ambient AQ Standards 

Part 20 (20.11.20 NMAC) Fugitive Dust Control 

Part 21 (20.11.21 NMAC) Open Burning 

July 21, 2005 at 70 FR 41963 

April 22, 2010 at 75 FR 20922 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

May 31, 2006 at 71 FR 30805 

May 31, 2006 at 71 FR 30805 

April 1, 2009 at 74 FR 14731 

December 30, 2004 at 69 FR 78314 
15 

Part 22 (20.11.22 NMAC) Woodburning 

Part 40 (20.11.40 NMAC) Source Registration 

Part 41 (20.11.41 NMAC) Authority to 

Construct 

Part 43 (20.11.43 NMAC) Stack Height Req’s 

Part 49 (20.11.49 NMAC) Excess Emissions 

Part 60 (20.11.60 NMAC) Permitting in 

Nonattainment Areas 

Part 61 (20.11.61 NMAC) PSD 

Part 63 (20.11.63 NMAC) NSPS 

Part 64 (20.11.64 NMAC) Emission Standards 

for HAPs 

Part 65 (20.11.65 NMAC) Volatile Organic 

Compounds 

Part 66 (20.11.66 NMAC) Process Equipment 

Part 67 (20.11.67 NMAC) Equipment, 

Emissions, Limitations (includes SO2 and NOX) 

Part 68 (20.11.68 NMAC) Incinerators and 

Crematories 

Part 90 (20.11.90 NMAC) Source Surveillance 

Part 100 (20.11.100 NMAC) Motor Vehicle 

Inspection – Decentralized 

Part 102 (20.11.102 NMAC) Oxygenated Fuels 

Part 103 (20.11.103 NAMC) Motor Vehicle 

Visible Emissions 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

February 4, 2010 at 75 FR 5698 

April 26, 2007 at 72 FR 20728 

April 26, 2007 at 72 FR 20728 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

February 4, 2010 at 75 FR 5698 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

February 4, 2010 at 75 FR 5698 

July 21,2005 at 70 FR 41963 

February 11, 2010 at 75 FR 6813 

December 30, 2004 at 69 FR 78314 

4. Interstate transport, and interstate and international pollution abatement: Section 

110(a)(2)(D) is divided into two components, 110(a)(2)(D)(i) and 110(a)(2)(D)(ii). Section 

110(a)(2)(D)(i) addresses interstate transport and requires SIPs to include provisions prohibiting 

any source or other type of emissions activity in one state from contributing significantly to 

nonattainment, interfering with maintenance of the NAAQS in another state, or from interfering 

with measures required to prevent significant deterioration of air quality or to protect visibility in 

another state. Section 110(a)(2)(D)(ii) addresses interstate and international pollution abatement, 

and requires SIPs to include provisions insuring compliance with sections 115 and 126 of the 

Act, relating to interstate and international pollution abatement. 

The BC’s response: 

A separate SIP was required to fulfill these requirements (See Docket ID EPA-R006-OAR-2007-

119.) 

EPA analysis: Section 110(a)(2)(D) has two components, 110(a)(2)(D)(i) and 

110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) requires SIPs to include provisions prohibiting any 

source or other type of emissions activity in one state from contributing significantly to 

nonattainment, interfering with maintenance of the NAAQS in another state, or from interfering 

with measures required to prevent significant deterioration of air quality or to protect visibility in 
16 

another state. Section 110(a)(2)(D)(ii) requires SIPs to include provisions insuring compliance 

with sections 115 and 126 of the Act, relating to interstate and international pollution abatement. 

PSD and interstate transport, pursuant to section 110(a)(2)(D)(i): One of the four prongs 

in section 110(a)(2)(D)(i) requires a SIP to contain adequate provisions prohibiting emissions 

that interfere with any other state’s required measures to prevent significant deterioration of its 

air quality. This is the only element of 110(a)(2)(D)(i) on which EPA is proposing action in this 

rulemaking. EPA’s 2006 Guidance made recommendations for SIP submissions to meet this 

requirement with respect to both the 1997 8-hour ozone NAAQS and the 1997 PM2.5 NAAQS. 

The 2006 Guidance states that the PSD permitting program is the primary measure that 

each state must include to prevent interference with any other state’s required measures to 

prevent significant deterioration of its air quality in accordance with section 110(a)(2)(D)(i)(II). 

 As discussed previously in this rulemaking with regards to section 110(a)(2)(C) and in 

this TSD, the Albuquerque/Bernalillo County PSD program is in the SIP and meets the basic 

requirements for implementing the Ozone and PM2.5 NAAQS. We are proposing to approve the 

portion of the submission from August 16, 2010 that has adequately addressed section 

110(a)(2)(D)(i)(II) of the CAA, for the element that requires that the SIP prohibit air pollutant 

emissions from sources within a state from interfering with measures required to prevent 

significant deterioration of air quality in any other state. 

Consistent with EPA’s November 29, 2005, Phase 2 rule for the 1997 8-hour ozone 

NAAQS, the State submitted SIP revisions to modify its PSD provisions to address NOx as an 

ozone precursor. Also consistent with EPA’s 2008 PM2.5 NSR rule, the State submitted SIP 

revisions to modify its PSD provisions to adequately implement the 1997 and 2006 PM2.5

NAAQS. EPA is approving these revisions and they have been discussed previously in this 

notice. EPA believes that the PSD revision for the 1997 8-hour ozone NAAQS that makes NOx 

a precursor for ozone for PSD purposes, and the PSD revisions to implement the 2008 PM2.5 

NSR rule, taken together with the PSD SIP and the interstate transport SIP satisfies the 

requirements of the third element of section 110(a)(2)(D)(i) for the 1997 and 2008 8-hour ozone 

and 1997 and 2006 PM2.5 NAAQS, i.e., there will be no interference with any other state’s 

required PSD measures. 

We are proposing to determine that emissions from sources in Albuquerque/Bernalillo 

County do not interfere with measures required to prevent significant deterioration of air quality 

for the 1997 and 2008 8-hour ozone and 1997 and 2006 PM2.5 NAAQS in any other state. The 

remaining three elements of section 110(a)(2)(D)(i): (1) do not significantly contribute to 

nonattainment of the relevant NAAQS in any other state for the 2008 ozone NAAQS and the 

2006 PM 2.5 NAAQS ; 2) interference with the maintenance of the NAAQS in any other state 

for all four NAAQS ; (3) interference with measures required to protect visibility in any other 

state will be evaluated and addressed in future rulemakings. This rulemaking action is being 

taken under section 110(a) of the CAA. 

In a prior action, EPA approved Albuquerque/Bernalillo County SIP revisions that 

addressed the requirements of section (110)(a)(2)(D)(i)(I) of the CAA that emissions from 

sources in Albuquerque/Bernalillo County do not significantly contribute to nonattainment of the 

1997 8-hour ozone and 1997 PM2.5 NAAQS in any other state (75 FR 68447). The final rule was 

effective December 8, 2010. The SIP revision demonstrated that air pollutant emissions from 

sources within Albuquerque/Bernalillo County do not significantly contribute to nonattainment 

of the relevant NAAQS in any other state for those pollutants. The remaining three elements of 
17 

section 110(a)(2)(D)(i): (1) do not significantly contribute to nonattainment of the relevant 

NAAQS in any other state for the 2008 ozone NAAQS and the 2006 PM2.5 NAAQS; (2) 

interference with the maintenance of the NAAQS in any other state for all four NAAQS; (3) 

interference with measures required to protect visibility in any other state will be evaluated and 

addressed in future rulemakings. 

Interstate and international pollution abatement, pursuant to section 110(a)(2)(D)(ii): 

Section 110(a)(2)(D)(ii) of the Act requires compliance with sections 115 and 126 of the Act, 

relating to interstate and international pollution abatement. Section 115(a) addresses 

endangerment of public health or welfare in foreign countries from pollution emitted in the 

United States. Pursuant to section 115, the Administrator has neither received nor issued a formal 

notification that emissions from Albuquerque/Bernalillo County are endangering public health or 

welfare in a foreign country. Section 126(a) of the Act requires new or modified sources to 

notify neighboring states of potential impacts from such sources. Albuquerque/Bernalillo County 

also has no pending obligations under section 126 of the Act. 

EPA is proposing to find that the Albuquerque/Bernalillo County SIP meets the 

requirements of section 110(a)(2)(D)(ii) of the Act for the 1997 and 2008 ozone and 1997 and 

2006 PM2.5 NAAQS. 

5. Adequate resources and authority: Section 110(a)(2)(E) requires states to provide for 

adequate personnel, funding, and legal authority under state law to carry out its SIP and related 

issues. 

The BC’s response: 

Funding and personnel resources for carrying out the programs of the SIP to demonstrate 

attainment of the PM2.5 and 8-hour ozone standards are provided by the City of 

Albuquerque and EPA. Budgets are approved annually by the City Council. The annual 

budget process provides a periodic update that enables the Air Quality Division to adjust 

funding and personnel needs. The annual budget appropriations process undertaken by 

the Mayor and the City Council, enables the Air Quality Division to present a request for 

resources required to meet the mandates of the Clean Air Act (CAA). 

The Clean Air Act authorizes the federal government to provide grants for up to 60% of 

the cost of state and local air quality programs, while states must provide a 40% match 

( Section 105 of the CAA). 

The Air Quality Division assures EPA that it has adequate personnel and funding to carry 

out the SIP. 

Legal Authority 

EPA delegated to the Air Board and the Air Quality Division, overall regulatory authority 

for Bernalillo County’s air quality programs, and will undertake these air pollution 

control programs if the EPA determines that the Air Board or the Air Quality Division 

has failed to meet their responsibilities assigned to them by the CAA or by any other 

provision in State law. Enabling legislation for this arrangement is found within the New 
18 

Mexico Air Quality Control Act (Air Act) and Albuquerque and Bernalillo County 

Ordinances. 

The Air Quality Division, as agent for the Air Board, is not prohibited by any provision 

of law from carrying out the SIP. 

(ii) A majority of its state board members represent the public interest and do 

not derive a significant portion of their income from entities that are subject to 

permits, and that conflicts of interest of members be adequately disclosed 

Public interest requirements and safeguards against conflict of interest are codified at: 

City of Albuquerque Ordinances, 2-6-1-3(A)(4): 

“No person shall be a member of more than one public board, commissions or committee 

at any one time”; and at: 

COA 9-5-1-3(B)(4): 

“Nominations and appointments to the Board shall be made as follows: (a) At least a 

majority of the membership of the Board shall be individuals who represent the public 

interest and meet the requirements of the state and federal guidelines set forth in the New 

Mexico Air Quality Control Act, as amended, and the CAA, 42 U.S.C.A. Section 7401, et 

seq., as amended. Further, to the extent that the requirement does not conflict with this 

division (a), Board members will be selected for their concerns about, and commitment 

to, the local ambient air quality. Therefore, selections may be made from a broad range 

of persons representing the public interest and who are experienced or trained in 

disciplines including natural sciences, humanities, social studies, finance, medicine and 

health, engineering or physics, law, law enforcement, education, business and industry. 

(b) No person employed on a full time basis by either the city or the county shall be a 

member of the Board. (c) City-appointed members shall be residents of the city and 

county-appointed members shall be residents of the county.” And at: 

COA 9-5-1-3(E): 

“Any member of the Board who has a conflict of interest regarding a matter before the 

Board shall disqualify himself or herself from the discussion and shall abstain from the 

vote on such matter. A conflict of interest means any interest which may yield, directly 

or indirectly any monetary or other material benefit to the Board member or the 

member’s spouse or minor child.” 

These ordinances were incorporated into the SIP by EPA on 6/1/1999, to address CAA 

Section 128 requirements on representing the public and conflicts of interest. These 

ordinances are still in effect and have not been revised since 1999. 

and at: 

Air Board Rule, 20.11.81.12.B.(3) NMAC: 

“(3) Board member and hearing officer disqualification-recusal-withdrawal: 

(a) A board member or a hearing officer shall not perform any 

function authorized by 20.11.81 NMAC regarding any matter in which a board member 

or a hearing officer: 

(i) has a personal bias or prejudice concerning a party or the 

outcome of a proceeding; 
19 

(ii) has personal knowledge of disputed facts concerning the 

proceeding; 

(iii) is related to a party within the third degree of 

relationship; 

(iv) is an officer, director or trustee of a party or interested 

participant in the proceeding; 

(v) has a financial interest in the proceeding or facility that is 

the subject of the proceeding or has any other conflict of interest; or 

(vi) has performed prosecutorial or investigative functions in 

connection with a permitting action at issue in the proceeding. 

(b) In making its decision regarding whether a board member or 

hearing officer should be disqualified or recuse himself or herself, the board and hearing 

officer may rely on applicable legal authority 

(c) Disqualification, recusal and withdrawal: 

(i) Any party, for a cause included in Subparagraph (a) of 

Paragraph (3) of Subsection B of 20.11.81.12 NMAC, may file a motion requesting the 

disqualification of a board member at any time before the final order is filed, or 

requesting the disqualification of a hearing officer at any time prior to the completion of 

the evidentiary hearing. 

(ii) If a motion is filed pursuant to Paragraph (3) of 

Subsection B of 20.11.81.12 NMAC, and the motion asks that a board member be 

disqualified, then, within five days after the hearing officer and the challenged board 

member receive the motion, the challenged board member may respond to the motion in 

writing. Within 10 days after the hearing officer and the challenged board member 

receive the motion regarding the challenged board member, the hearing officer shall file a 

recommended decision. The board shall vote on the motion. However, the vote of the 

board shall not include the vote of the challenged board member. If the vote of the 

majority of a quorum of the board, not including the vote of the challenged board 

member, determines that the challenged board member is disqualified, the disqualified 

board member will not participate in the proceeding thereafter. 

(iii) If a motion is filed pursuant to Paragraph (3) of 

Subsection B of 20.11.81.12 NMAC, and the motion asks that a hearing officer be 

disqualified, then, within 10 days after the hearing officer receives the motion, the 

hearing officer may respond to the motion in writing. The board shall vote on the 

motion. If the vote of the majority vote of a quorum of the board members determines 

that the challenged hearing officer is disqualified, the disqualified hearing officer will not 

participate in the proceeding thereafter, and the board may appoint, or authorize the 

hearing clerk to secure a replacement hearing officer. 

(iv) A board member may recuse himself or herself from a 

hearing, and a hearing officer may withdraw as hearing officer, by filing written notice 

with the hearing clerk or by making a statement on the record at a hearing or meeting of 

the board. In making a decision regarding whether to recuse or withdraw, a board 
20 

member or a hearing officer may rely on applicable legal authority.” 

and at: 

20.11.82.14 NMAC: 

“GENERAL PROVISIONS - RECUSAL: 

A. No board member shall participate in any action in which his or her 

impartiality or fairness may reasonably be questioned, and the member shall recuse 

himself or herself in any such action by giving notice to the board and the general public 

by announcing the recusal on the record. In making a decision to recuse him or herself, 

the board member may rely upon any relevant authority. 

B. A board member or a hearing officer shall not perform any function 

authorized by 20.11.82 NMAC regarding any matter in which a board member or a 

hearing officer: 

(1) has a personal bias or prejudice concerning a party; 

(2) is related to a party within the third degree of relationship; 

(3) is an officer, director or trustee of a party or interested participant in 

the proceeding; or 

(4) has a financial interest in the proceeding or has any other conflict of 

interest.” 

(iii) The State has responsibility for ensuring adequate implementation of plan 

provisions to be carried out by local districts. 

The Air Quality Division will maintain programs for the enforcement of control measures 

included in the approved SIP and measures required by the CAA. 

EPA analysis: 

The Albuquerque/Bernalillo County AQCB is the federally delegated air quality authority 

for Albuquerque and Bernalillo County, New Mexico. The New Mexico Air Quality Control Act 

(AQCA, section 74-2-4) authorizes Albuquerque/Bernalillo County to locally administer and 

implement the State Air Quality Control Act by providing for a local air quality control program. 

Thus, state law views Albuquerque/Bernalillo County and the remainder of the State of New 

Mexico as distinct air quality control entities. The AQCA also provides for the establishment of 

the Albuquerque/Bernalillo County AQCB as a joint local authority, acting on behalf of both the 

County of Bernalillo and the City of Albuquerque. Within the boundary of Bernalillo County, the 

AQCB is authorized to adopt, promulgate, publish, amend and repeal regulations consistent with 

the New Mexico Air Quality Control Act, and to maintain national ambient air quality standards 

and prevent or abate air pollution, including regulations prescribing air standards, within 

Bernalillo County (with the exception of tribal lands). 

Through the City of Albuquerque’s Department of Environmental Health, the 

Albuquerque Air Quality Division (AQD) serves as the administrative agency for the AQCB. 

The AQD is authorized to administer and enforce the provisions of the New Mexico Air Quality 

Control Act within the boundary of Bernalillo County. 

The City of Albuquerque and Bernalillo County Ordinances approved into the SIP on 

June 1, 1999 provide assurances that Albuquerque/Bernalillo County has the adequate personnel 
21 

and funding to carry out their SIP.8

 The August 16, 2010 Albuquerque/Bernalillo County SIP 

submittal from the Governor includes a discussion of funding and personnel resources for 

carrying out the programs of the SIP for demonstrating attainment of 1997 and 2006 PM2.5 and 

1997 and 2008 ozone NAAQS. The submittals state that budgets are approved annually by the 

Albuquerque City Council, and that the annual budgeting process provides a periodic update that 

enables the AQD to adjust funding and personnel needs to carry out air programs to meet the 

CAA. The Bernalillo County Joint Air Quality Ordinance authorizes the AQCB to adopt rules, 

pursuant to AQCA section 74-2-7, for establishing fees, to review and act on permit applications; 

amend and review permits; conduct inspections of facilities; and enforce the rules and orders of 

permits. Fees collected pursuant to this ordinance are then deposited into a fund created by 

section 74-2-16 of the AQCA, which must be used by the municipality or county only for the 

purpose of paying the reasonable costs of, among other things, reviewing and acting on permit 

applications, implementing and enforcing rules of the permit, air monitoring, air modeling, 

preparing guidance, and preparing emission inventories. 

Additionally, there are federal sources of funding for the implementation of the 1997 and 

2008 8-hour ozone and 1997 and 2006 PM2.5 NAAQS through, for example, the CAA sections 

103 and 105 grant funds. The AQD receives federal funds on an annual basis, under sections 103 

and 105 of the Act, to support its air quality programs. The AQD has authority to collect fees for 

Title V and non-Title V permit applications, revisions, renewals and inspections pursuant to New 

Mexico AQCA, New Mexico Statutes Annotated (NMSA) 1978 Sections 74-2-4, 74-2-5 and 74-

2-7, the Bernalillo County Ordinance 94-5 Sections 3, 4 and 7, and the revised ordinances of 

Albuquerque 1994, Section 9-5-1-3, Section 9-5-1-4 and Section 9-5-1-7. For example, New 

Mexico AQCA Section 74-2-7(B)(7) requires by regulation a schedule of emission fees 

consistent with the provisions of Section 502(b)(3) of the 1990 Amendments to the Federal 

Clean Air Act. The SIP-approved regulation that addresses permit fees, AQCB Air Quality 

Control Regulation Section 21 – Permit Fees (April 10, 1980 at 45 FR 24460) was repealed and 

replaced by the Albuquerque/Bernalillo County AQCB rule effective July 1, 2001 and recodified 

as 20.11.2 NMAC. It was submitted as a SIP revision on May 24, 2011. We have proposed to 

approve the revisions that repeal and replace the existing SIP rule but have not finalized our 

action (November 4, 2011, 76 FR 68385). For more detailed information, please see the TSD for 

Docket ID No. EPA-R06-OAR-2007-0154 of the proposed action on November 4, 2011 (To 

access the TSD please visit the Federal eRulemaking Portal: http://www.regulations.gov. Follow 

the on-line instructions). 

Section 110(a)(2)(E)(ii) requires that the state comply with section 128. Section 128 

requires: 1) that the majority of members of the state body which approves permits or 

enforcement orders do not derive any significant portion of their income from entities subject to 

permitting or enforcement orders under the CAA; and 2) any potential conflicts of interest by 

such body be adequately disclosed. On June 1,1999, the EPA approved into the SIP the BC 

Ordinances and provisions of the ACQA that pertain to financial disclosures, conflicts of 

interest, code of conduct and ethical conduct for the Executive Director and classified employees 

of the agency (64 FR 29235). The EPA action, effective August 2, 1999, approved the SIP 

revisions for Board composition and conflict of interest disclosure requirements submitted by 

both the State of New Mexico and by BC. These include public interest requirements and 

safeguards against conflict of interest and are codified in the City of Albuquerque Ordinances, 2-

6-1-3(A)(4), 9-5-1-3(B)(4), 9-5-1-3(E) and County Ordinance 94-5, Section (3)(E) Joint Air 

 

8

 See 64 FR 29235. 
22 

Quality Control Board Ordinance. For example, County Ordinance 94-5 Section (3)(E) states: 

“any member of the Board who has a conflict of interest regarding a matter before the Board 

shall disqualify himself or herself from the discussion and shall abstain from the vote on such 

matter. A conflict of interest means any interest which may yield, directly or indirectly any 

monetary or other material benefit to the Board member or the member’s spouse or minor child.” 

EPA approved Bernalillo County Ordinance 88-45 into the Albuquerque/Bernalillo 

County SIP in a June 1, 1999 rulemaking (64 FR 29235). Albuquerque/Bernalillo County has 

since amended the ordinance and re-codified it as Bernalillo County Ordinance 94-5. EPA will 

act on this amended ordinance in a future rulemaking. For purposes of the I-SIP discussion, we 

will cite to the current ordinance. The Joint Air Quality Control Board Ordinance 94-5 is also 

cited as legal authority in General Provisions 20.11.1.3 NMAC, which is SIP-approved. 

EPA is proposing to find that the BC SIP meets the requirements of section 110(a)(2)(E) 

of the Act for the 1997 and 2008 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. 

6. Stationary source emissions monitoring and reporting: Section 110(a)(2)(F) requires, as 

may be prescribed by the Administrator, (i) the installation, maintenance and replacement of 

equipment, and the implementation of other necessary steps, by owners or operators of stationary 

sources to monitor emissions from such sources, (ii) periodic reports on the nature and amounts 

of emissions and emissions-related data from such sources, and (iii) correlation of such reports 

by the State agency with any emission limitations or standards established pursuant to this Act, 

which reports shall be available at reasonable times for public inspection. 

The BC's response: 

States are to require the installation, maintenance, and replacement of equipment to 

monitor stationary sources of emissions by the owners or operators of these sources and 

the provision of periodic reports on these emissions. 

40 CFR 51.214 requires every SIP to include requirements for the monitoring of 

emissions from major stationary sources as specified in 40 CFR 51 Appendix P. The Air 

Board has adopted regulations to implement the requirements of 40 CFR 51.214. 

Regulatory requirements have been codified at 20.11.41 NMAC, Authority to Construct; 

20.11.42 NMAC, Operating Permits; and 20.11.60 NMAC, Permitting in Nonattainment 

Areas; (pertaining to sampling and testing). Requirements in 20.11.47 NMAC, 

Emissions Inventory Requirements, provide for the reporting of emissions inventories in a 

format established by the Air Quality Division, on a schedule set forth in the regulation. 

Bernalillo County’s enforceable emission limitations and other control measures are 

covered in The New Mexico State Air Quality Control Act and those provisions of 

Chapter 11 of New Mexico's Administrative Code. Elements of the program for 

enforcement are found in the monitoring, recordkeeping and reporting requirements for 

sources in the aforementioned control measures, as well as under 20.11.42 NMAC, 

Operating Permits. All applicable regulations have been submitted to EPA to be 

incorporated into New Mexico’s SIP. 

20.11.42 NMAC, Operating Permits, encompasses the Title V operating permit program 

for facilities within Bernalillo County. The Title V program is a delegated program, 

approved in the Federal Register, and does not reside in the SIP. The Title V program 

was last approved by EPA on 11/26/96, effective 1/27/97 [FR Vol. 61, No. 229, 60032- 
23 

60034]. A minor revision to correct the definition of “Major Source”, was approved by 

EPA on 9/8/04 [FR Vol. 69, No. 173, 54244-54247], effective 11/8/04. Proposed 

revisions to the Title V program in the form of amendments to 20.11.42 NMAC, were 

submitted to EPA on 7/22/09, and are pending approval under Title V of the CAA. 

The Air Quality Division maintains a database with emissions data for all permitted 

stationary source facilities in Bernalillo County. 

The Air Quality Division commits to continue its oversight of stationary source 

monitoring requirements and to the reporting of data collected by such monitoring 

activities. (i.e. AFS/ EI Exchange) 

EPA analysis: 

The New Mexico Air Quality Control Act provides BC with authority to require 

monitoring and recordkeeping and to require the submittal of emissions data to develop an 

emissions inventory. In addition to the regulatory references cited by BC, EPA has found the 

following from NMAC as relevant in demonstrating that the BC SIP meets the requirements of 

section 110(a)(2)(F): 

Regulation 20.11.1 NMAC General Provisions 

Regulation 20.11.41 NMAC Authority to Construct 

Regulation 20.11.42 NMAC Operating Permits 

Regulation 20.11.47 NMAC Emissions Inventory Requirements 

Regulation 20.11.60 NMAC Permitting in Nonattainment Areas 

Regulation 20.11.61 NMAC Prevention of Significant Deterioration (PSD) 

Regulation 20.11.63 NMAC New Source Performance Standards 

EPA has found the following sections of NMAC as relevant in showing the BC SIP 

satisfies the requirements of section 110(a)(2)(F): 

Regulation 20.11.5 NMAC Visible Air Contaminants 

Regulation 20.11.20 NMAC Fugitive Dust Control 

Regulation 20.11.21 NMAC Open Burning 

Regulation 20.11.22 NMAC Wood Burning 

Regulation 20.11.23 NMAC Stratospheric Ozone Protection 

Regulation 20.11.40 NMAC Source Registration 

Regulation 20.11.43 NMAC Stack Height Requirements 

Regulation 20.11.46 NMAC Sulfur Dioxide Emissions Inventory Requirements 

Regulation 20.11.48 NMAC Greenhouse Gas Emissions Reporting 

Regulation 20.11.49 NMAC Excess Emissions 

Regulation 20.11.62 NMAC Acid Rain 

Regulation 20.11.65 NMAC Volatile Organic Compounds 

Regulation 20.11.66 NMAC Process Equipment 

Regulation 20.11.67 NMAC Equipment, Emissions, Limitations 

Regulation 20.11.68 NMAC Incinerators and Crematories 

Regulation 20.11.69 NMAC Pathological Waste Destructors 
24 

Regulation 20.11.71 NMAC Municipal Solid Waste Landfills 

 

The EPA promulgated monitoring regulations, codified at 40 CFR 51.210 (Subpart K) 

and Minimum Emission Monitoring Requirements in Appendix P to Part 51. Under section 193 

of the Act, the existing regulations remain effective to the extent they are not inconsistent with 

the current law, until EPA elects to amend them. Under Subpart K, each SIP must: a) provide for 

monitoring the status of compliance with any rules and regulations that set forth any portion of 

the control strategy; b) provide for legally enforceable procedures for requiring owners or 

operators of stationary sources to maintain records of and periodically report to the State; c) 

contain procedures for obtaining and maintaining data on actual emissions reductions achieved 

as a result of implementing transportation control measures (TCMs); and d) require stationary 

sources subject to emission standards as part of an applicable plan to install, calibrate, maintain, 

and operate equipment for continuously monitoring and recording emissions. 

Rules that require stationary sources to monitor for compliance, provide recordkeeping 

and reporting, and provide for enforcement of ozone, PM2.5, and precursors to these pollutants 

(SO2, ammonia, VOCs and NOX), consistent with the requirements of 40 CFR part 51, subpart K 

have been approved into the Albuquerque/Bernalillo County SIP and codified at 20.11.1 NMAC 

(General Provisions, 70 FR 41963), 20.11.5 NMAC (Visible Air Contaminants, 69 FR 78314), 

20.11.40 NMAC (Source Registration, 69 FR 78314), 20.11.49 NMAC (Excess Emissions, 75 

FR 5698), 20.11.66 NMAC (Process Equipment, 69 FR 78314), 20.11.67 NMAC (Equipment, 

Emissions, Limitations, 69 FR 78314), and 20.11.90 NMAC (Source Surveillance, 75 FR 5698). 

Requirements in 20.11.47 NMAC (Emission Inventory Requirements) provide for the reporting 

of emission inventories on a schedule consistent with EPA regulations at 40 CFR 51.211, subpart 

K – Source Surveillance. 20.11.42 NMAC, Operating Permits, encompasses the title V operating 

permit program for facilities within Bernalillo County. The title V program is a delegated 

program and does not reside in the SIP.9

 

Under the BC SIP rules, the AQD is required to analyze the emissions data from point, 

area, mobile, and biogenic (natural) sources. The AQD uses this data to track progress towards 

maintaining the NAAQS, develop control and maintenance strategies, identify sources and 

general emission levels, and determine compliance with Albuquerque/Bernalillo County and 

EPA requirements. Additionally, the AQD air quality inspectors compare source emissions to 

emission limitations and standards pursuant to 20.11.90.6 NMAC. Emissions data are available 

electronically: http://www.epa.gov/ttn/chief/eiinformation.html. These rules are in the federally 

approved SIP. 

EPA is proposing to find that the BC SIP meets the requirements of section 110(a)(2)(F) 

for the 1997 and 2008 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. 

Table 5: BC rules relevant to meeting section 110(a)(2)(F), as determined by EPA: 

Relevant Section of BC’s SIP EPA Approval/Federal Register Citation 

Part 1 (20.11.1 NMAC) General Provisions 

Part 5 (20.11.5 NMAC) Visible Air 

Contaminants 

July 21, 2005 at 70 FR 41963 

December 30, 2004 at 69 FR 78314 

 

9

 EPA approved the Albuquerque/Bernalillo County Title V program (20.11.42 NMAC, Operating Permits) on 

November 26, 1996 (effective January 27, 1997). See 61 FR 60032. 
25 

Part 6 (20.11.6 NMAC) Emergency Action Plan 

Part 20 (20.11.20 NMAC) Fugitive Dust Control 

Part 21 (20.11.21 NMAC) Open Burning 

Part 22 (20.11.22 NMAC) Woodburning 

Part 40 (20.11.40 NMAC) Source Registration 

Part 41 (20.11.41 NMAC) Authority to 

Construct 

Part 43 (20.11.43 NMAC) Stack Height Req’s 

Part 49 (20.11.49 NMAC) Excess Emissions 

Part 60 (20.11.60 NMAC) Permitting in NA 

Areas 

Part 61 (20.11.61 NMAC) PSD 

Part 63 (20.11.63 NMAC) NSPS 

Part 64 (20.11.64 NMAC) Emission Standards 

for HAPs 

Part 65 (20.11.65 NMAC) Volatile Organic 

Compounds 

Part 66 (20.11.66 NMAC) Process Equipment 

Part 67 (20.11.67 NMAC) Equipment, 

Emissions, Limitations 

Part 68 (20.11.68 NMAC) Incinerators and 

Crematories 

Part 90 (20.11.90 NMAC) Source Surveillance 

May 31, 2006 at 71 FR 30805 

April 1, 2009 at 74 FR 14731 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

February 4, 2010 at 75 FR 5698 

April 26, 2007 at 72 FR 20728 

April 26, 2007 at 72 FR 20728 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

February 4, 2010 at 75 FR 5698 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

December 30, 2004 at 69 FR 78314 

February 4, 2010 at 75 FR 5698 

7. Emergency power: Section 110(a)(2)(G) requires states to provide for authority to address 

activities causing imminent and substantial endangerment to public health, including 

contingency plans to implement the emergency episode provisions in their SIPs. 

The BC's response: 

States are to provide for authority comparable to that in Section 303, which provides 

legal authority to the EPA to halt the emission of air pollutants causing or contributing to 

injury to public health or welfare. EPA is authorized to either bring a lawsuit in federal 

court or, if such civil action cannot assure prompt protection of public health or welfare, 

to issue such orders as may be necessary to protect public health or welfare or the 

environment. In addition, states are to provide for adequate contingency plans to 

implement such authority. 

The authority granted to the EPA Administrator is vested in the Air Board and the Air 

Quality Division. 

The requirement for states to provide for adequate contingency plans to implement such 

authority is intended to establish emergency episode plans for responding to elevated 

pollutant levels in urban areas. Emergency episode plans are required in areas that record 

pollutant concentrations in excess of threshold levels specified in 40 CFR 51.150. On 

January 26, 1989, the Air Board adopted an Air Pollution Episode Contingency Plan for 

Bernalillo County (8/12/91, 56 FR 38074), that covers air pollution episodes and the 
26 

occurrence of an emergency due to the effects of the pollutants on the health of persons. 

EPA is proposing to amend this regulation to address new ozone and PM2.5 standards. 

Until the Agency finalizes changes to the emergency episode regulations to establish for 

PM2.5 specific levels for classifying areas as Priority I, lA, and II for PM2.5, and to 

establish a significant harm level (SHL), EPA recommends that states through their 

public processes set Priority levels and emergency action levels for PM2.5 necessary to 

develop emergency episode plans consistent with the requirements in 40 CFR 51.150 

through 51.153. EPA further recommends that states consider the levels discussed in the 

February 12, 2007 EPA issue paper entitled “Revising the Air Quality Index and Setting a 

Significant Harm Level for PM2.5.” and to Attachment B of the 9/25/09 guidance memo 

[http://ct.gov/dep/lib/dep/air/particulate_matter/pm25planning/110(a)_guidance_for_24- 

hour_pm2_5_naaqs.pdf ] in establishing Priority levels and emergency action levels, 

including a SHL. Using the recommendations in Attachment B, for the purposes of 

satisfying the requirements of Section 110(a)(2)(G), states would develop emergency 

episode plans for any area that has monitored and recorded 24-hour PM2.5 levels greater 

than 140.4 μg/m3 since 2006. If this level was never exceeded in any area of the state, 

the state can certify that it has appropriate general emergency powers to address PM2.5- 

related episodes, and that no specific emergency episode plans are necessary at this time, 

given the existing monitored levels. States should develop submissions to meet this 

requirement through appropriate public processes. The Air Quality Division has not 

monitored any 24-hour levels of PM2.5 greater than 140.4μg/m3 since 2006, therefore no 

update to the contingency plan for Bernalillo County is required at this time. 

The Air Quality Division commits to submit any necessary revisions to the Air Pollution 

Episode Contingency Plan, upon adoption of amended guidance by EPA. 

EPA analysis: 

EPA compared the State rules to 40 CFR 51 Subpart H – Prevention of Air Pollution 

Emergency Episodes and Appendix L to Part 51 - Example Regulations for Prevention of Air 

Pollution Emergency Episodes. Subpart H provides a classification system for episode plans. 

Each region in a state is classified separately with respect to each of the following pollutants: 

Sulfur dioxide, particulate matter, carbon monoxide, nitrogen dioxide, and ozone (40 CFR 

51.150). An area classified as a Priority I region for ozone has ambient concentrations greater 

than 195 micrograms per cubic meter (denoted μg/m3) or 0.10 ppm for a 1-hour maximum. The 

regulations do not establish Priority II regions for ozone. For particulate matter a Priority I region 

has ambient concentrations greater than 95 μg/m3 annual geometric mean or 325 μg/m3 for a 

24-hour maximum. A Priority II region is any area which is not a Priority I region and has 

ambient concentrations between 60–95 μg/m3 annual geometric mean or 150–325 μg/m3 for a 

24-hour maximum. A Priority IA Region is any area which is Priority I primarily because of 

emissions from a single point source. Areas that do not meet the criteria for Priority I or II are 

classified Priority III. Table 6 below summarizes the classification for ozone and PM. 

Table 6: Classification of Regions for Episode Plans for Ozone and Particulate Matter 

(40 CFR 51.150) 

Parameter Priority I Priority II Priority III 
27 

Ozone Ambient concentrations 

> 195 μg/m3 (0.10 ppm) 

1-hour maximum 

Not defined Areas which do not 

meet the criteria for 

Priority I 

Particulate 

matter 

Ambient concentrations 

> 95 μg/m3 annual 

geometric mean; 325 μg/m3 

24-hour maximum 

Ambient concentrations 

between 60-95 μg/m3 

annual geometric mean; 

150-325 μg/m3 

24-hour maximum. 

Areas which do not 

meet the criteria for 

Priority I or II 

The significant harm level (SHL) for the 8-hour ozone NAAQS will remain unchanged as 

0.6 parts per million ozone, 2-hour average, as indicated in 40 CFR 51.151. EPA believes that 

the existing ozone-related provisions of 40 CFR Subpart H remain appropriate. Therefore, EPA 

expects that for purposes of the 1997 8-hour ozone NAAQS, states need only to confirm that 

they have existing emergency episode plan provisions consistent with EPA’s existing regulatory 

requirements. 

Section 110(a)(2)(G) requires states to provide for authority to address activities causing 

imminent and substantial endangerment to public health, including contingency plans to 

implement the emergency episode provisions in their SIPs. The Air Board and AQD are 

empowered by the New Mexico Air Quality Control Act to respond to air pollution episodes and 

other air quality emergencies, and the AQD has contingency plans to implement emergency 

episode provisions in the SIP. The Air Pollution Episode Contingency Plan for Bernalillo County 

was approved into the SIP on August 12, 1991 (56 FR 38073, effective October 11, 1991). The 

BC Air Pollution Episode Contingency Plan (Plan) addresses all the necessary requirements for a 

Priority 1 region (defined in 40 CFR 51.150). 

First, the Plan includes significant harm levels for sulfur dioxide, particulate matter, 

carbon monoxide, ozone, and nitrogen dioxide as per 40 CFR 51.151. Second, the Plan 

adequately addresses all requirements for contingency plans outlined in 40 CFR 51.152. Three 

stages of episode criteria as per 40 CFR 51.152(a)(1) and 40 CFR 51, appendix L, are set forth: 

air pollution alert, air pollution warning, and air pollution emergency. Prior to reaching the first 

episode stage, an air Stagnation Advisory will be in effect. This is initiated when the AQD is 

notified by the National Weather Service (NWS) that air stagnation conditions will persist for a 

period of 36 hours or more within the Middle Rio Grande portion of New Mexico (includes 

Bernalillo County). The Episode Criteria Table on page 3 of the Plan shows alert, warning, 

emergency, and significant harm levels for each of the pollutants. The Plan also provides for 

public announcement of, and specifies adequate emission control actions to be taken at, each 

episode stage (40 CFRR 51.152 (a)(2) and 40 CFR 51.152 (a)(3)). Finally, the Plan sufficiently 

addresses the requirements of 51.152 (b)(1-3) concerning prompt acquisition of forecasts of 

atmospheric stagnation conditions including updates, source compliance inspections, and 

communication procedures. 

 The criteria for ozone are based on a 1-hour average ozone level. These episode criteria 

and contingency measures are adequate to address ozone emergency episodes and are in the 

federally approved SIP. The BC Plan provides for the pollutants specified under 40 CFR 51.150, 

including particulate matter, and is consistent with the provisions of 40 CFR 51.151 and 152, and 

Appendix L to Part 51. 
28 

The 2009 Infrastructure SIP Guidance for PM2.5 recommends that a state with at least one 

monitored 24-hour PM2.5 value exceeding 140.4 μg/m3

 since 2006 establish an emergency 

episode plan and contingency measures to be implemented should such level be exceeded again. 

The 2006-2010 ambient air quality monitoring data for Albuquerque/Bernalillo County do not 

exceed 140.4 μg/m3

. The PM2.5 levels have consistently remained below this level (140.4 

μg/m3), and furthermore, the BC has appropriate general emergency powers to address PM2.5

related episodes to protect the environment and public health. Given the BC’s monitored PM2.5

levels, EPA is proposing that Albuquerque/Bernalillo County is not required to submit an 

emergency episode plan and contingency measures at this time, for the 1997 and 2006 PM2.5

standards. 

 We found that BC’s Plan is consistent with the provisions of 40 CFR 51.151 and 152, 

and Appendix L to Part 51. EPA is proposing to find that the BC SIP meets the requirements of 

section 110(a)(2)(G) for the 1997 and 2008 8-hour ozone and 1997 and 2006 PM2.5 NAAQS. 

8. Future SIP revisions: Section 110(a)(2)(H) requires states to have the authority to revise 

their SIPs in response to changes in the NAAQS, availability of improved methods for attaining 

NAAQS, or in response to an EPA finding that the SIP is substantially inadequate. 

The BC’s response: 

States are to provide for revision of their SIP when air quality standards are revised or 

new attainment methods become available or when EPA informs states that current SIPs 

are inadequate to attain standards or to comply with additional requirements under the 

CAA. 

Therefore, the Air Quality Division is submitting a proposed SIP revision that responds to 

revised, reconsidered or new air quality standards promulgated for the 1997 and 2008 8- 

hour ozone NAAQS as well as the 1997 and 2006 PM2.5NAAQS. As part of this SIP 

revision, two Air Board rules are proposed to be amended; 20.11.60 NMAC, Permitting 

in Nonattainment Areas (Nonattainment NSR) and 20.11.61 NMAC, Prevention of 

Significant Deterioration (PSD), shown as Attachment C and D respectively. 

The Air Quality Division commits to submit SIP revisions whenever revised air quality 

standards are promulgated by EPA. As such, an additional SIP revision is necessary 

because EPA finalized its proposed changes to the General Conformity rule, on 4/5/10 

[75 FR 17254] to address ozone and PM2.5. 

EPA analysis: 

The New Mexico Air Quality Control Act (Section 74-2-5) directs the AQD to prepare 

and develop the SIP and provides ADQ with the necessary authority to carry out other duties, 

requirements and responsibilities necessary for the implementation of and fulfilling the 

requirements of the federal Clean Air Act. Thus, BC has the authority to revise its SIP from time 

to time as may be necessary to take into account revisions of primary or secondary NAAQS, or 

the availability of improved or more expeditious methods of attaining such standards. 

Furthermore, BC also has the authority under these New Mexico Air Quality Control Act 

provisions to revise its SIP in the event the EPA, pursuant to the federal Clean Air Act, finds the 

SIP to be substantially inadequate to attain the NAAQS. Thus, BC has the authority to revise its 
29 

SIP as necessary to account for revisions of the NAAQS, adopt more effective methods of 

attaining the NAAQS, and respond to EPA SIP calls. 

We are proposing that the BC SIP meets the requirements of section 110(a)(2)(H) for the 

1997 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. 

9. Consultation, public notice, and PSD and visibility protection: Section 110(a)(2)(J) 

requires states to provide a process for consultation with local governments and Federal Land 

Managers (FMLs) carrying out NAAQS implementation requirements pursuant to section 121 

relating to consultation. Section 110(a)(2)(J) further requires states to notify the public if 

NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken 

to prevent exceedances. Section 110(a)(2)(J) also requires States to meet applicable requirements 

of Part C related to prevention of significant deterioration and visibility protection. 

The BC's response: 

States are to meet the applicable requirements of CAA Section 121 (relating to 

consultation), Section 127 (relating to public notification), and Part C (relating to 

prevention of significant deterioration (PSD) of air quality and visibility protection). 

Section 121 requires that states provide a satisfactory process of consultation with general 

purpose local governments, designated organizations of elected officials of local 

governments, and any affected federal land manager in carrying out CAA requirements. 

The Air Quality Division commits to maintaining a process of consultation with parties 

designated under Section 121. 

Public notice is governed by the New Mexico Air Quality Control Act and 20.11.82 

NMAC. 

Section 127 requires the states to provide measures which will be effective to notify the 

public on a regular basis of instances or areas in which any air quality standard is 

exceeded during the preceding calendar year, to advise the public of the health hazards 

associated with such pollution, and to enhance public awareness of measures that can be 

taken to prevent such standards from being exceeded. 

The Air Quality Division maintains air quality data and other information required by 

Section 127 on its website, which is continuously available to the public. 

The Air Quality Division commits to maintaining a public information and education 

program that satisfies the requirements of Section 127. 

The Air Board has adopted 20.11.61 NMAC, Prevention of Significant Deterioration, 

following the requirements outlined in 40 CFR 52 under Section 161 of the CAA (42 

U.S.C.A. § 7471) for prevention of significant deterioration. These provisions were 

approved by EPA as part of the SIP (effective 5/29/07). 

The Air Quality Division commits to ensuring that PSD regulations are implemented in 

Bernalillo County to satisfy the requirements of Part C. In addition, the Air Quality 

Division is committed to protecting the visibility in the region as evidenced by the 

Regional Haze SIP for Bernalillo County, first submitted to EPA on 12/1/03. A revised 

Regional Haze SIP was submitted to EPA on 9/8/08. 

EPA analysis: 
30 

Consultation with government officials, section 110(a)(2)(J): 

The New Mexico AQCA (section 74-2-5 – Duties and Powers of the Local Board) and 

Air Quality Control Board Ordinances gives the AQD the authority to advise, consult, contract 

and cooperate with municipalities, counties, other states, the federal government and other 

interested persons or groups in regards to matters of common interest in the field of air quality 

control. The County Ordinance 94-5 “establishes powers and duties of the Board for providing 

for the adoption, administration and enforcement of the regulations; providing for variances; 

providing for permits; providing for special regulations consistent with Federal and State 

requirements for prevention of significant deterioration, new source performance standards, 

national emissions standards for hazardous air pollutants and providing for operating permits and 

fees as required by the 1990 Amendments to the Federal CAA..” Additionally, 20.11.82 NMAC 

- Rulemaking Procedures standardizes the procedures used in rulemaking proceedings before the 

AQCB, including public notice. These rules and regulations comply with the requirements of 

section 121 of the CAA that requires that states provide a satisfactory process of consultation 

with general purpose local governments. 

EPA is proposing to find that the BC SIP meets this portion of the section 110(a)(2)(J) 

requirements for the 1997 and 2008 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS.10

Public notification if NAAQS are exceeded, pursuant to section 110(a)(2)(J): 

Public notification begins with the air quality forecasts, which advise the public of 

conditions capable of exceeding the 8-hour ozone and PM2.5 NAAQS. The air quality forecasts 

for BC can be found on the City of Albuquerque website at www.cabq.gov/airquality and are 

updated hourly. Ozone forecasts are made daily during the ozone season for the Bernalillo 

County. The ozone forecasts are made, in most cases, a day in advance local time and are valid 

for the next day. Ozone readings/warnings and the daily air quality index for the area are 

generated automatically, and sent to the all persons that have signed up on the City of 

Albuquerque website ( www.cabq.gov/airquality/enviroflash.html) to receive email updates, 

which includes the public, various stakeholders and government officials. This Air Quality 

Notification System is a service through airnow.gov and is called EnviroFlash. EnviroFlash is a 

system that sends e-mails about daily air quality forecasts. The message is the same air quality 

information that the local radio or television stations provide, plus suggested safety measures 

when air quality levels are unhealthy. Additionally, the air quality index is available via 

telephone by calling the AQD. Public notice is governed by the New Mexico AQCA (section 74-

2-6) and 20.11.82 NMAC – Rulemaking Procedures Air Quality Control Board. 

EPA is proposing to find that the BC SIP meets this portion of the section 110(a)(2)(J) 

requirements for the 1997 and 2008 8-hour ozone and 1997 and 2006 PM2.5 NAAQS. 

PSD and visibility protection, section 110(a)(2)(J): This portion of section 110(a)(2)(J) 

in part requires that a state’s SIP meet the applicable requirements of section 110(a)(2)(C) as 

relating to PSD programs. As discussed previously in this rulemaking with regards to section 

110(a)(2)(C) and in this TSD, the BC’s PSD program is in the SIP (12/21/93 at 58 FR 67330 and 

4/26/07 at 72 FR 20728). In addition to the approved program and to meet the requirements of 

110(a)(2)(C) and 110(a)(2)(D)(i) for 1997 ozone standard, EPA believes BC must have updated 

its PSD rules to treat NOx as a precursor for ozone. Thus, we are proposing to approve the SIP 

 

10 Section 110(a)(2)(J) is divided into three segments: consultation with government officials; public notification; 

and PSD and visibility protection. 
31 

revisions (submitted August 16, 2010) to implement NOx as a precursor to ozone. To implement 

section 110(a)(2)(C) for the 1997 PM2.5 standard, states must provide revision due May 16, 2011 

under EPA’s Implementation of the New Source Review (NSR) Program for particulate matter 

less Than 2.5 Micrometers (73 FR 28321). On August 30 2010, AQCB adopted revisions to the 

BC SIP to amend their PSD and nonattainment NSR programs to implement PM2.5 NAAQS. 

The most recent New Mexico SIP revision of it’s Regional Haze program, which 

addresses the visibility transport prong and includes BC, was submitted to EPA on July 28, 2011. 

We are evaluating this submittal and expect to propose action on the Regional Haze submittal on 

a future date. With regard to the applicable requirements for visibility protection, EPA 

recognizes that states are subject to visibility and regional haze program requirements under part 

C of the Act (which includes sections 169A and 169B). In the event of the establishment of a 

new NAAQS, however, the visibility and regional haze program requirements under part C do 

not change. Thus, we find that there is no new visibility obligation “triggered” under section 

110(a)(2)(J) when a new NAAQS becomes effective. This would be the case even in the event a 

secondary PM2.5 NAAQS for visibility is established, because this NAAQS would not affect 

visibility requirements under part C. 

Based on this analysis, we propose that the BC SIP satisfies the requirements of section 

110(a)(2)(J) for the 1997 and 2008 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. 

10. Air quality modeling and submission of data: Section 110(a)(2)(K) requires that SIPs 

provide for performing air quality modeling for predicting effects on air quality of emissions 

from any NAAQS pollutant and submission of such data to EPA upon request. 

The BC’s response: 

States are to provide for the use of air quality modeling to predict the effect of emissions 

on ambient air quality and to submit data related to such modeling when requested by 

EPA. 

The Air Quality Division’s air quality modeling work complies with EPA’s final 

guidance on the use of models in attainment demonstrations for the 8-hour ozone 

standard and uses EPA’s latest draft final guidance for modeling PM2.5. This is a rapidly 

evolving field in which the Air Quality Division endeavors to use the latest methodology 

and techniques, and documents information that its staff uses when conducting modeling 

or when evaluating the performance of air quality models used for this purpose. 

The Air Quality Division commits to continue to use air quality models in accordance 

with EPA’s currently approved modeling guidance and protocols and the continued 

submittal of data and modeling results to EPA. 

EPA analysis: 

The New Mexico Air Quality Control Act charges the ACQB and the AQD with 

preparing and implementing the SIP, which includes modeling to inform decisions on 

nonattainment area boundaries and demonstrate effectiveness of SIP control strategies. 

The AQD’s air quality modeling work complies with EPA’s guidance on the use of 

models in attainment demonstrations for the 8-hour ozone standard and uses EPA’s latest draft 

final guidance for modeling PM2.5 consistent with the air quality modeling requirements in 40 
32 

CFR 52.21(l) and (m). EPA Region 6 and AQD modeling staff have communicated on numerous 

occasions regarding modeling for non-PSD specific sources in Bernalillo County. Additionally, 

20.11.61 NMAC Prevention of Significant Deterioration requires approval of source permits 

consistent with the modeling requirements of 40 CFR 51.21(l) and (m). The AQD commits to 

continue to use air quality models in accordance with EPA’s currently approved modeling 

guidance and protocols and the continued submittal of data and modeling results to EPA. 

EPA is proposing to find that the Albuquerque/Bernalillo County SIP meets the 

requirements of section 110(a)(2)(K) for the 1997 and 2008 8-hour ozone and the 1997 and 2006 

PM2.5 NAAQS. 

11. Permitting fees: Section 110(a)(2)(L) requires SIPs to require each major stationary source 

to pay permitting fees to cover the cost of reviewing, approving, implementing and enforcing a 

permit. 

The BC's response: 

States are required to assess the owner or operator of each major stationary source with 

fees sufficient to cover the reasonable costs of reviewing and acting upon any application 

for such a permit, and if a permit is granted, the reasonable costs of implementing and 

enforcing the terms and conditions of the permit. Owners or operators are also required to 

comply with the fee provisions of Title V Sections 501 – 507 of the CAA. Such fees are 

required to be payable to the permitting authority. 

As noted above, the responsibility to issue permits for stationary sources of air pollution 

is vested with the Air Quality Division. In order to meet major stationary source 

permitting fee requirements, the Air Board adopted 20.11.2 NMAC, Fees, which requires 

a fee for facilities subject to Title V requirements. Section 21, Permit Fees, was 

approved by EPA on 4/10/80 [45 FR 24468, codified at 40 CFR 52.1620(c)(11)] effective 

04/10/80. Proposed SIP amendments to 20.11.2 NMAC, Fees, were submitted to EPA on 

9/7/04, and 2/5/07, and are pending approval. 

The Air Quality Division commits to continued implementation of the Air Board-adopted 

major stationary source permit fee regulation. 

EPA analysis: The AQD has authority to collect fees for Title V11 and non-Title V 

permit applications, revisions, renewals and inspections pursuant to New Mexico AQCA, New 

Mexico Statutes Annotated (NMSA) 1978 Sections 74-2-4, 74-2-5 and 74-2-7, the Bernalillo 

County Ordinance 94-5 - Joint Air Quality Control Board Sections 3, 4 and 7, and the revised 

ordinances of Albuquerque 1994, Section 9-5-1-3, Section 9-5-1-4 and Section 9-5-1-7. For 

example, New Mexico AQCA Section 74-2-7(B)(7) requires by regulation a schedule of 

emission fees consistent with the Title V provisions of Section 502(b)(3) of the CAA. The SIPapproved regulation that addresses permit fees, AQCB Air Quality Control Regulation Section 

21 – Permit Fees (April 10, 1980 at 45 FR 24460) was repealed and replaced by the more 

stringent and broader in scope Albuquerque/Bernalillo County AQCB rule effective July 1, 2001 

 

11 Albuquerque/Bernalillo County has an federally-approved Title V fee program in place. EPA approved 

Albuquerque/Bernalillo County’s Title V fee program as part of its Title V Operating Permit Program on November 

26, 1996. See 61 FR 60032. EPA approved revisions to the Albuquerque/Bernalillo County Title V fee program on 

September 8, 2004. See 69 FR 54244. 
33 

and recodified as 20.11.2 NMAC. It was submitted as a SIP revision on May 24, 2011. We have 

proposed to approve the revisions that repeal and replace the existing SIP rule but have not 

finalized our action (November 4, 2011, 76 FR 68385). For more detailed information, please 

see the TSD for Docket ID No. EPA-R06-OAR-2007-0154 for the proposed action on November 

4, 2011 (To access the TSD please visit the Federal eRulemaking Portal: 

http://www.regulations.gov and follow the on-line instructions). 

The May 24, 2011 submitted revision that we have proposed to approve addresses fees 

for reviewing and acting on specific permit applications received by the AQCD; fees to partially 

offset the administrative costs of permit-related administrative hearings; funding for small 

business stationary sources; and fees to cover administrative expenses. The comment period on 

the proposal closed on December 5, 2011. No comments were received. 

Based on the above, EPA is proposing to find that the BC SIP meets the requirements of 

section 110(a)(2)(L) for the 1997 and 2008 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. 

12. Consultation/participation by affected local entities: Section 110(a)(2)(M) requires states 

to provide for consultation and participation in SIP development by local political subdivisions 

affected by the SIP. 

The BC’s response: 

States are to provide for consultation and participation by local political subdivisions 

affected by the plan. New Mexico is sub-divided into two air authorities, Bernalillo County and 

the remaining counties, outside Bernalillo County. Each authority is responsible for controlling 

air pollution emitted by stationary sources within its respective jurisdiction. 

The Air Quality Division consults with and provides liaison to the New Mexico 

Environment Department’s Air Quality Bureau and provides frequent and regular 

communication and consultation with their management and staff. 

The Air Quality Division commits to maintaining a consultation process with the Air 

Quality Bureau when revisions to Bernalillo County’s SIP might affect them. 

The Air Quality Division is required to conduct public hearings and to solicit testimony 

from the public when nonattainment plans or rules are adopted by the Air Board for 

inclusion into the SIP. 

Consultation and public involvement are also required by 20.11.3 NMAC, 

Transportation Conformity. Since Bernalillo County is under a Limited Maintenance 

Plan for Carbon Monoxide, the Metropolitan Transportation Plan (MTP) and 

Transportation Improvement Plan (TIP) must conform to the State Implementation Plan 

(SIP). This is certified by a “conformity finding” developed through interagency 

consultation and approved by the Federal Highway Administration. The interagency 

group is called the “Transportation Conformity Technical Committee (TCTC) and is 

comprised of representatives from: the City of Albuquerque’s Environmental Health 

Department, Transit Department, and Planning Department; the EPA; the Federal 

Highway Administration; the Federal Transit Administration; the Mid Region Council of 

Governments; and the New Mexico Department of Transportation. The TCTC also 

evaluates regionally significant projects as well as mobile source models and modeling 

assumptions. 20.11.3 NMAC also requires that: “Affected agencies making conformity 

determinations on transportation plans, programs and projects shall establish a proactive 
34 

public involvement process that provides opportunity for public review and comment by, 

at a minimum, providing reasonable public access to technical and policy information 

considered by the agency at the beginning of the public comment period and prior to 

taking formal action on a conformity determination for the MTP and TIP, consistent with 

these requirements and those of 23 CFR 450.316(b)”[20.11.3.202.F NMAC]. 

EPA analysis: New Mexico is divided in two air authorities, Albuquerque/Bernalillo County and 

State of New Mexico covering the remaining counties. Each authority is responsible for 

controlling air pollution emitted by stationary sources within its respective jurisdiction. The 

AQD, consistent with regulations adopted by the AQCB, consults with and provides liaison to 

the New Mexico Environment Department’s Air Quality Bureau and provides frequent and 

regular communication and consultation with their management and staff. Section 5(B)(4) of the 

AQCA authorizes the AQD to advise, consult, contract and cooperate with municipalities, 

counties, other states, the federal government and other interested persons or groups in regards to 

matters of common interest in the field of air quality control. The AQCB is required to conduct 

public hearings and to solicit testimony from the public when plans or rules are proposed to be 

adopted by the AQCB for inclusion into the SIP. Consultation and public involvement are also 

required by 20.11.3 NMAC, Transportation Conformity (April 22, 2010 at 75 FR 20922). For 

example, Subsection (F) Public Consultation Procedures of 20.11.3.105 NMAC, requires 

“affected agencies making conformity determinations on transportation plans, programs and 

projects shall establish a proactive public involvement process that provides opportunity for 

public review and comments...” 

EPA is proposing to find that the BC SIP meets the requirements of section 110(a)(2)(M) 

for the 1997 and 2008 8-hour ozone and the 1997 and 2006 PM2.5 NAAQS. 

III. EPA’s Recommendation

We reviewed the BC submittals, SIP, and air quality data for ozone and PM2.5 for 

compliance with the requirements of sections 110(a)(1) and (2) of the Act for the 1997 and 2008 

8-hour ozone and the 1997 and 2006 PM2.5 standards. We recommend that EPA propose to 

approve the submittals provided by BC to demonstrate that the BC SIP meets the requirements of 

sections 110(a)(1) and (2) of the Act with respect to the 1997 and 2008 8-hour ozone and the 

1997 and 2006 PM2.5 standards. These submittals address the infrastructure elements specified in 

the CAA section 110(a)(2), necessary to implement, maintain, and enforce the 1997 and 2008 8-

hour ozone and the 1997 and 2006 PM2.5 NAAQS. 

We recommend approval of the Albuquerque/Bernalillo County SIP for the following 

elements: 

Emission limits and other control measures: Section 110(a)(2)(A) 

Ambient air quality monitoring/data system: Section 110(a)(2)(B) 

Program for enforcement of control measures: Section 110(a)(2)(C) 

Interstate transport: Section 110(a)(2)(D)(ii) 

Adequate resources: Section 110(a)(2)(E) 

Stationary source monitoring system: Section 110(a)(2)(F) 

Emergency power: Section 110(a)(2)(G) 

Future SIP revisions: Section 110(a)(2)(H) 
35 

Consultation with government officials: Section 110(a)(2)(J) 

Public notification: Section 110(a)(2)(J) 

PSD and visibility protection: Section 110(a)(2)(J) 

Air quality and modeling/data: Section 110(a)(2)(K) 

Permitting fees: Section 110(a)(2)(L) 

Consultation/participation by affected local entities: Section 110(a)(2)(M) 

IV. References

1. Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PM2.5 NAAQS, Memorandum from William T. Harnett, Director, Air Quality Policy 

Division, OAQPS, to Air Division Directors; dated October 2, 2007.

2. Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 2006 24-Hour 

Fine Particle (PM2.5) NAAQS, Memorandum from William T. Harnett, Director, Air Quality 

Policy Division, OAQPS, to Regional Air Division Directors, dated September 29, 2009.
36 

APPENDIX A 

 (Title 20, Chapter 11, Part 8 Ambient Air Quality Standards (20.11.8 NMAC)) 

TECHNICAL SUPPORT DOCUMENT

Clean Air Act Approval of Revisions to New Mexico Regulations 

on Ambient Air Quality Standards Applicable to Albuquerque/ Bernalillo County (Docket EPAR06-OAR-2009-0648) 

This portion of the Technical Support Document (TSD) concerns our evaluation of a revision to 

the New Mexico State Implementation Plan (SIP) as submitted to us with a letter from the 

Governor of New Mexico dated November 6, 2009, on behalf of the Albuquerque Environmental 

Health Department (AEHD), for review and approval into the SIP. This submittal specifically 

concerns a revision to Title 20, Chapter 11, Part 8 Ambient Air Quality Standards (20.11.8) New 

Mexico Administrative Code (NMAC), or Part 8 submittal). 

No material in this submittal package was designated as Confidential Business Information. 

A. NMAC 20.11.8 Ambient Air Quality Standards 

This portion of the Technical Support Document (TSD) is written in support of our evaluation 

of the New Mexico Administrative Code (NMAC), Title 20 Environmental Protection, Chapter 

11 Albuquerque/Bernalillo County Air Quality Control Board, Part 8 Ambient Air Quality 

Standards also known as 20.11.8 NMAC. The 20.11.8 NMAC was submitted to us for 

review/approval by the Governor of New Mexico, in a letter dated November 6, 2009, on behalf 

of the Albuquerque/Bernalillo County Air Quality Division. EPA Region VI received this State 

Implementation Plan (SIP) revision request on November 18, 2009. 

The local Ambient Air Quality Standards (AAQS) are designed to protect the health and 

welfare of the public. The local AAQS serve as indicators of air quality, and have been 

established as a maximum concentration above which adverse effects on human health may 

occur. The EPA-adopted National AAQS or NAAQS can be found at 40 CFR Part 50 and are 

incorporated by reference in NMAC 20.11 8. The NAAQS are those adopted by the EPA as 

through July 18, 1997. 

The EPA initially approved Title 20, Chapter 2, Air Quality (Statewide), Part 8 Ambient 

Air Quality Standards on 09/26/97 (62 FR 50518) at 52.1620(c)(66) and became effective 

1L/25/1991for the State of New Mexico except for the Albuquerque/Bernalillo County area. The 

September 1, 2004 SIP revision concerning Part 8 specifically incorporates/adopts the Statewide 

AAQS and the NAAQS into the SIP for the Albuquerque/Bemalillo County, New Mexico area. 

See section 20.11.8.12. EPA approved the 2004 SIP revision on May 31, 2006 (see 71 FR 

30805). 

The current Ambient Air Quality Standards are as follows: 
37 

Table 1 

 SUMMARY OF FEDERAL AND STATE AMBIENT AIR QUALITY STANDARDS:

Pollutant Standards 

 Reference Federal Primary Federal Secondary New Mexico State 

Carbon Monoxide (CO)

8-hour average 40 CFR 50.8 9 ppm none 8.7 ppm 

1-hour average 40 CFR 50.8 35 ppm none 13.1 ppm 

Nitrogen Dioxide (NO2)

24-hour average 20.2.3.111 NMAC none none 0.10 ppm 

Annual arithmetic mean 40 CFR 50.11 0.053 ppm 0.053 ppm 0.05 ppm 

Ozone (O3)

8-hour average 40 CFR 50.10 0.08 ppm 0.08 ppm none 

(The 1997 standard - and the implementation rules for that standard - will remain in place for implementation 

purposes as EPA undertakes rulemaking to address the transition from the 1997 ozone standard to the 2008 ozone 

standard). 

8-hour average 40 CFR 50.15 0.075 ppm 0.075 ppm none 

(Effective May 27, 2008) 

Sulfur Dioxide (SO2)

24-hour average 40 CFR 50.4 0.14 ppm none 0.10 ppm 

3-hour average 40 CFR 50.5 none 0.5 ppm none 

Annual (arithmetic 

mean) 

40 CFR 50.4 0.030 ppm none 0.02 ppm 

Particulate Matter (PM2.5)

24-hour average 40 CFR 50.13 35 μg/m3 35 μg/m3 none 

(Effective December 18, 2006) 

Annual (arithmetic 

mean) 

40 CFR 50.7 & 

40 CFR 50.13 

15.0 μg/m3 15.0 μg/m3 none 

Particulate Matter (PM10)

24-hour average 40 CFR 50.6 150 μg/m3 150 μg/m3 none 

Lead (Pb)

Rolling 3-month 

average 

40 CFR 50.16 0.15μg/m3 0.15μg/m3 none 

(Effective 1 year after date of area attainment designation) 

Hydrogen Sulfide

1-hr average 20.2.3.110 NMAC none none 0.010 ppm 

Total Reduced Sulfur

1/2-hour average 20.2.3.110 NMAC none none 0.003 ppm 

Particulate Matter (TSP)

24-hour average 20.2.3.109 NMAC none none 150 μg/m3

7-day average 20.2.3.109 NMAC none none 110 μg/m3

30-day average 20.2.3.109 NMAC none none 90 μg/m3

Annual geometric mean 20.2.3.109 NMAC none none 60 μg/m3
38 

SIP Revisions submitted to EPA by the Governor on November 6, 2009 are as follows: 

TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 11 ALBUQUERQUE - BERNALILLO COUNTY AIR QUALITY 

CONTROL BOARD 

PART 8 AMBIENT AIR QUALITY STANDARDS

20.11.8.1 ISSUING AGENCY: Albuquerque - Bernalillo County Air Quality Control 

Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) [768-2600] 768-2601. 

[20.11.8.1 NMAC - N, 7/1/04; A, 9/14/09] 

20.11.8.2 SCOPE:

 A. 20.11.8 NMAC is applicable [to the city of Albuquerque and] within Bernalillo 

county. 

 B. Exempt: 20.11.8 NMAC does not apply to sources within Bernalillo county, 

which are located on Indian lands over which the Albuquerque - Bernalillo county air quality 

control board lacks jurisdiction. 

[20.11.8.2 NMAC - N, 7/1/04; A, 9/14/09] 

20.11.8.3 STATUTORY AUTHORITY: 20.11.8 NMAC is adopted pursuant to the 

authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4, 

74-2-5C; the Joint Air Quality Control Board Ordinance, Bernalillo County Ordinance 94-5 

Sections 3 & 4; the Joint Air Quality Control Board Ordinance, Revised Ordinances of 

Albuquerque 1994 Sections 9-5-1-3 & 9-5-1-4. 

[20.11.8.3 NMAC - N, 7/1/04] 

20.11.8.4 DURATION: Permanent. 

[20.11.8.4 NMAC - N, 7/1/04] 

20.11.8.5 EFFECTIVE DATE: [The effective date of Part 8 is,] July 1, 2004, unless a 

later date is cited at the end of a section. The effective date of a specific section is located at the 

end of each section within the historical brackets. As required by the New Mexico Air Quality 

Control Act, Chapter 74, Article 2, Section 6 NMSA 1978, no regulation or emission control 

requirement or amendment thereto, or repeal thereof, shall become effective until 30 days after 

its filing under the State Rules Act, Chapter 14, Article 4 NMSA 1978. 

[20.11.8.5 NMAC - N, 7/1/04; A, 9/14/09] 

20.11.8.6 OBJECTIVE: [The objective of 20.11.8 NMAC is] To adopt local ambient air 

quality standards that are identical to the federal National Primary and Secondary Ambient Air 

Quality Standards codified at 40 CFR Part 50, and to adopt applicable state Ambient Air Quality 

Standards codified at 20.2.3 NMAC. 

[20.11.8.6 NMAC - N, 7/1/04; A, 9/14/09] 

20.11.8.7 DEFINITIONS: The definitions in 20.11.1 NMAC apply to 20.11.8 NMAC. 

[20.11.8.7 NMAC - N, 7/1/04] 
39 

20.11.8.8 SAVINGS CLAUSE: Any amendment to Ambient Air Quality Standards, 

20.11.8 NMAC, [that] which is filed with the state records center, shall not affect actions 

pending for violation of a city or county ordinance, the air quality regulations for Albuquerque 

and Bernalillo county or a permit issued by the department. Prosecution for a violation under a 

prior statute, ordinance, regulation or permit shall be governed and prosecuted under the statute, 

ordinance or regulation in effect at the time the violation was committed. 

[20.11.8.8 NMAC - N, 7/1/04; A, 9/14/09] 

20.11.8.9 SEVERABILITY: If any section, paragraph, sentence, clause or word of 20.11.8 

NMAC or any federal standards incorporated herein is for any reason held to be unconstitutional 

or otherwise invalid by any court, the decision shall not affect the validity of remaining 

provisions of 20.11.8 NMAC.

[20.11.8.9 NMAC - N, 7/1/04] 

20.11.8.10 DOCUMENTS: Documents incorporated and cited in 20.11.8 NMAC may be 

viewed at the Albuquerque environmental health department, 400 Marquette NW, Albuquerque, 

NM. 

[20.11.8.10 NMAC - N, 7/1/04] 

20.11.8.11 INCORPORATION OF FEDERAL AMBIENT AIR QUALITY 

STANDARDS: Except as otherwise provided, the National Primary and Secondary Ambient 

Air Quality Standards of the United States environmental protection agency including the 

General Provisions thereto, codified at 40 CFR Part 50 (including appendices), as amended 

through [July 18, 1997] January 12, 2009, are hereby incorporated into 20.11.8 NMAC. Section 

20.11.8.13 NMAC is a summary of the federal and state standards incorporated in 20.11.8 

NMAC. 

[20.11.8.11 NMAC - N, 7/1/04; A, 9/14/09] 

20.11.8.12 INCORPORATION OF STATE AMBIENT AIR QUALITY STANDARDS: 

Except as otherwise provided, the state Ambient Air Quality Standards of the environmental 

improvement board codified at 20.2.3 NMAC [, effective October 31, 2002,] are hereby 

incorporated into 20.11.8 NMAC. Section 20.11.8.13 NMAC is a summary of the federal and 

state standards incorporated in 20.11.8 NMAC. 

[20.11.8.12 NMAC - N, 7/1/04; A, 9/14/09] 

20.11.8.13 SUMMARY OF FEDERAL AND STATE AMBIENT AIR QUALITY 

STANDARDS:

Pollutant Standards 

 Reference Federal 

Primary 

Federal 

Secondary 

New Mexico 

State 

Carbon Monoxide (CO)

8-hour average 40 CFR 50.8 9[.0] ppm none 8.7 ppm 

1-hour average 40 CFR 50.8 35 ppm none 13.1 ppm 
40 

Nitrogen Dioxide (NO2)

24-hour average 20.2.3.111 

NMAC

none none 0.10 ppm 

Annual arithmetic 

mean 

40 CFR 50.11 0.053 ppm 0.053 ppm 0.05 ppm 

Ozone (O3)

[1-hour average 0.120 ppm 0.120 ppm none] 

8-hour average 40 CFR 50.10 0.08 ppm 0.08 ppm none 

(The 1997 standard - and the implementation rules for that standard - will remain in place for 

implementation purposes as EPA undertakes rulemaking to address the transition from the 

1997 ozone standard to the 2008 ozone standard).

8-hour average 40 CFR 50.15 0.075 ppm 0.075 ppm none

(Effective May 27, 2008)

Sulfur Dioxide (SO2)

24-hour average 40 CFR 50.4 0.14 ppm none 0.10 ppm 

3-hour average 40 CFR 50.5 none 0.5 ppm none 

Annual (arithmetic 

mean) 

40 CFR 50.4 0.030 ppm none 0.02 ppm 

Particulate Matter (PM2.5)

[24-hour average 65 μg/m3 65 μg/m3 none] 

24-hour average 40 CFR 50.13 35 μg/m3 35 μg/m3 none

(Effective December 18, 2006)

Annual (arithmetic 

mean) 

40 CFR 50.7 &

40 CFR 50.13

15.0 μg/m3 15.0 μg/m3 none 

Particulate Matter (PM10)

24-hour average 40 CFR 50.6 150 μg/m3 150 μg/m3 none 

[Annual arithmetic 

mean

 50 μg/m3 50 μg/m3 none] 

Lead (Pb)

[Quarterly arithmetic 

mean

 1.5 μg/m3 1.5 μg/m3 none] 

Rolling 3-month 

average

40 CFR 

50.16

0.15μg/m3 0.15μg/m3 none

(Effective 1 year after date of area attainment designation)

Hydrogen Sulfide

1-hr average 20.2.3.110 

NMAC

none none 0.010 ppm 

Total Reduced Sulfur
41 

1/2-hour average 20.2.3.110 

NMAC

none none 0.003 ppm 

Particulate Matter (TSP)

24-hour average 20.2.3.109 

NMAC

none none 150 μg/m3

7-day average 20.2.3.109 

NMAC

none none 110 μg/m3

30-day average 20.2.3.109 

NMAC

none none 90 μg/m3

Annual geometric 

mean 

20.2.3.109 

NMAC

None none 60 μg/m3

[20.11.8.13 NMAC - N, 7/1/04; A, 9/14/09] 

20.11.8.14 INTERPRETATION: Except as expressly provided to the contrary in these 

regulations, whenever two or more parts of these regulations limit, control or regulate the 

emissions of a particular air contaminant, the more restrictive or stringent shall govern. 

[20.11.8.14 NMAC - N, 7/1/04] 

HISTORY OF 20.11.8 NMAC:

None 

The proposed SIP revisions may be found at: 

http://www.nmcpr.state.nm.us/nmac/parts/title20/20.11.8 

EPA Analysis: 

Substantive changes to 20.11.8 NMAC Ambient Air Quality Standards include the following 

revisions to 20.11.8.13 Summary of Federal and State Ambient Air Quality Standards as shown 

in the table above: 

CO – the CO standard has been revised from 9.0 ppm to 9 ppm. This is consistent with 40 CFR 

50.8 and is approvable. 

Ozone – the 1 hour average of 0.120 ppm has been deleted and the new 8-hour average of 0.08 

ppm has been added. This is consistent with 40 CFR 50.10 and is approvable. 

Sulfur Dioxide: the federal primary standard of 0.30 ppm has been revised to 0.3 ppm. This is 

consistent with 40 CFR 50.4 and is approvable. 

Particulate Matter (PM2.5) – the 24 hour average of 65 ug/m3 has been revised to 35 ug/m3 for 

both federal primary and secondary standards. This is consistent with 40 CFR 50.13 and is 

approvable. 
42 

Particulate Matter (PM10) – the annual arithmetic mean of 50 ug/m3 has been deleted for both 

federal primary and secondary standards. This is consistent with 40 CFR 50.6 and is approvable. 

Lead (Pb) – the quarterly arithmetic mean of 1.5 ug/m3 has been deleted for both federal primary 

and secondary standards. A new standard rolling 3-month average of 0.15 ug/m3 has been added 

for both the federal primary and secondary standards. This is consistent with 40 CFR 50.16 and 

is approvable. 

As shown in the table above, nonsubstantive changes include minor editing of rule provisions 

20.11.8.1 Issuing Agency, 20.11.8.2 Scope, 20.11.8.5 Effective Date, 20.11.8.6 Objective, 

20.11.8 Savings Clause, 20.11.8.11 Incorporation of Federal Ambient Air Quality Standards, and 

20.11.8.12 Incorporation of State Ambient Air Quality Standards which offer additional 

clarification and update . Also, nonsubstantive changes include the addition of a “Reference” 

column to the Table “Summary of Federal and State Ambient Air Quality Standards” in 

20.11.8.13 that reference to CFR citation for the applicable standard. 

The above changes to the SIP result in the following: 

A) The proposed SIP revision will promote consistency between the NMAC 20.2.3 

(NMED's Part 3) and the NMAC 20.11.8 (AQD's Part 8) SIP regulations. Thus a source 

wanting to locate, operate, or obtain appropriate air permit anywhere within the 

geographical boundaries of the State will be required to adhere to the same AAQS, 

B) The proposed SIP revision will enhance compliance with the State air quality standards, 

C) The proposed SIP revision will make the SIP more stringent by adding local AAQS that 

cover Pollutants without a NAAQS, or are more stringent than a NAAQS. 

D) The proposed SIP revision will enhance the area's air quality. 

E) The proposed SIP revision will ensure that the SIP is consistent with the latest Federallypromulgated NAAQS. 

Conclusion: Therefore, for the reasons (A through E) outlined above, the NMAC Title 20, 

Chapter 11, Part 8 as received by EPA on November 9, 2009 is an improvement to the New 

Mexico SIP for the Albuquerque/Bernalillo County area, and ensures consistency with the latest 

Federally-promulgated NAAQS as shown in Table 1 above. EPA proposes approval of these 

SIP revisions. 

 
43 

 APPENDIX B 

 (Title 20, Chapter 11, Part 60 and Part 61 NNSR and PSD (20.11.60 and 20.11.61 NMAC)) 

TECHNICAL SUPPORT DOCUMENT 

March 26, 2012 

Clean Air Act Approval of Revisions to New Mexico Regulations 

For Prevention of Significant Deterioration Applicable to Albuquerque/ Bernalillo County 

(Docket EPA-R06-OAR-2009-0648) 

This portion of the Technical Support Document (TSD) concerns our evaluation of revisions to 

the New Mexico State Implementation Plan (SIP) as submitted to us with a letter from the 

Governor of New Mexico dated May 24, 2006 and August 16, 2010, on behalf of the 

Albuquerque Environmental Health Department (AEHD), for review and approval into the SIP. 

This portion of the TSD specifically concerns revisions to 20.11.61 NMAC – Prevention of 

Significant Deterioration (Part 61) submitted in the May 24, 2006 and August 16, 2010 

submittals. 

No material in this submittal package was designated as Confidential Business Information. 

FOR FURTHER INFORMATION CONTACT: 

Adina Wiley United States Environmental Protection Agency Region 6, Air Permits Section 

(6PD-R), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, (214) 665-2115. 
44 

Subject: Review of Proposed Revisions to the New Mexico State Implementation Plan 

(SIP) for air quality through the incorporation of an amended 20.11.61 NMAC, Prevention 

of Significant Deterioration 

Contents: 

I. Executive Summary 

II. Background 

III. Summary of State Submittal 

IV. Technical Review of State Submittal 

V. Conclusions 
45 

I. Executive Summary 

What actions are evaluated in this Technical Support Document?

This technical support document (TSD) reviews two proposed revisions to the New Mexico State 

Implementation Plan (SIP) concerning the Prevention of Significant Deterioration Permitting in 

Albuquerque. This review will determine if the program revisions are consistent with the 

requirements of the Clean Air Act and EPA’s policy and guidance. 

May 24, 2006

The May 24, 2006, submittal included two separate rulemakings: 

1. The Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) repealed 

and replaced 20.11.60 NMAC, Permitting in Nonattainment Areas, and 20.11.61 NMAC, 

Prevention of Significant Deterioration, on December 14, 2005, after a public comment 

period and corresponding public hearing held on December 14, 2005. The regulations 

were then filed with the New Mexico State Records Center (NMSRC) on December 22, 

2005, and became effective locally on January 23, 2006. EPA SIP-approved these 

revisions to 20.11.60 NMAC and 20.11.61 NMAC on April 26, 2007 (see 72 FR 20728). 

Because these revisions are already SIP-approved, this TSD will only address this portion 

of the May 24, 2006, SIP submittal as background information. 

2. In addition, on April 12, 2006, the AQCB moved to correct typographical errors found in 

the original filing of 20.11.61 NMAC, Prevention of Significant Deterioration. These 

regulations were filed with the NMSRC on April 13, 2006, and became effective locally 

on May 15, 2006. These typographical corrections are the subject of this TSD. 

August 16, 2010

The ABCAQCB amended 20.11.60 NMAC, Permitting in Nonattainment Areas, and 20.11.61 

NMAC, Prevention of Significant Deterioration, on July 14, 2010, after a public comment period 

and corresponding public hearing held the same evening. These SIP revisions involve amending 

the current versions of 20.11.60 NMAC, Permitting in Nonattainment Areas, and 20.11.61 

NMAC, Prevention of Significant Deterioration, last approved by EPA on April 26, 2007. At the 

same time, the AQCB amended the Infrastructure SIP for PM2.5 & Ozone. The revisions to the 

Infrastructure SIP were also submitted to EPA on August 16, 2010, but are being evaluated 

separately from the revisions to the PSD permitting regulations. At this time EPA is not 

evaluating the August 16, 2010, revisions to the NNSR Permitting program because these rules 

are severable from the PSD Program. EPA will address the NNSR program revisions at a later 

date in a separate rulemaking. 

What action has EPA taken on the Albuquerque PSD and NNSR Programs? 

EPA SIP-approved NMAC 20.11.60 Permitting in Nonattainment Areas and NMAC 20.11.61 

Prevention of Significant Deterioration on April 26, 2007, as adopted by Albuquerque on 

December 2005 and submitted to EPA on May 24, 2006. See 72 FR 20728. EPA has taken no 

action on the portion of the May 24, 2006 submittal that was adopted on April 13, 2006, and the 

August 16, 2010 submittal. Accordingly, this Technical Support Document (TSD) will evaluate 

the May 24, 2006 and August 16, 2010 revisions to the Albuquerque PSD Program for inclusion 
46 

in New Mexico SIP to determine if the revisions comply with the Clean Air Act and EPA 

regulations, and are consistent with EPA’s policies. 

II. Background of the State Submittal

The ABCAQCB repealed and replaced 20.11.60 NMAC, Permitting in Nonattainment Areas, 

and 20.11.61 NMAC Prevention of Significant Deterioration, on December 14, 2005 after a 

public comment period and corresponding public hearing held on December 14, 2005. The 

regulation was then filed with the New Mexico State Records Center on December 22, 2005, and 

became effective locally on January 13, 2006. Governor Bill Richardson submitted these rules as 

revisions to the New Mexico SIP on May 24, 2006. EPA SIP-approved these revisions to 

20.11.60 and 20.11.61 NMAC on April 26, 2007. See 72 FR 20728. 

 

On April 12, 2006, the AQCB moved to correct typographical errors found in the original filing 

of 20.11.61 NMAC, Prevention of Significant Deterioration. These typographical errors were 

also submitted by Governor Bill Richardson as revisions to the New Mexico SIP on May 24, 

2006. 

The Albuquerque-Bernalillo County Air Quality Control Board (AQCB) adopted an amended 

20.11.60 NMAC, Permitting in Nonattainment Areas, 20.11.61 NMAC, Prevention of 

Significant Deterioration and Infrastructure SIP for PM2.5 and Ozone, on July 14, 2010, after a 

public comment period and corresponding public hearing held the same evening. The amended 

regulations were then filed with the New Mexico State Records Center on July 28, 2010, and 

became effective locally on August 30, 2010. This request was then submitted to EPA by 

Governor Bill Richardson on August 16, 2010. 

III. Summary of the State Submittal 

May 2006

Bernalillo County, New Mexico is currently designated as an attainment area for CO under a 

Limited Maintenance Plan (LMP). This designation was published in the Federal Register on 

July 21, 2005 [FR Vol. 70, No. 139 in Attachment L]. The objective of 20.11.61 NMAC, 

Prevention of Significant Deterioration is to minimize air pollutant emissions from new major 

stationary sources or major modifications in areas classified as in attainment of the national 

ambient air quality standards or determined to be unclassifiable pursuant to Section 107(d) of the 

Act. Revisions were typographical corrections that were approved subsequent to the previous 

rulemaking. 

August 2010

Bernalillo County, New Mexico is currently designated as an attainment area for CO under a 

Limited Maintenance Plan (LMP). This designation was published in the Federal Register on 

July 21, 2005 [FR Vol. 70, No. 139]. The objective of 20.11.60 NMAC, Permitting in 

Nonattainment Areas is to implement a pre-construction permit program for new or modified 

major stationary sources that wish to locate in an area where federal ambient air quality 

standards are being exceeded. Since Bernalillo County is in attainment for all criteria pollutants 

there are no affected sources for this regulation (see 70 FR. 41963, July 21, 2005). 
47 

The objective of 20.11.61 NMAC, Prevention of Significant Deterioration is to minimize air 

pollutant emissions from new major stationary sources or major modifications in areas classified 

as in attainment of the national ambient air quality standards or determined to be unclassifiable 

pursuant to Section 107(d) of the Act. Therefore, the sources affected by this regulation will 

include any new major stationary sources or major modifications pursuant to the EPA 

regulations. 

IV. Technical Review of State Submittal 

This technical review of the May 24, 2006 and August 16, 2010 revisions to 20.11.61 NMAC 

Prevention of Significant Deterioration consists of a comparison between the relevant Clean Air 

Act requirements and the corresponding sections in the SIP submittal. Each SIP submittal is 

separately reviewed for completeness as a SIP submittal under Part 51, Appendix V. Next, a 

section-by-section review of the submittal in comparison to 40 CFR Part 51 is presented to 

determine whether the submittal satisfies the requirements for preparation, adoption, and 

submittal of a SIP revision. 

IV.A. Evaluation of the August 16, 2010 and May 24, 2006 SIP Submittals 

1. Evaluation of the August 16, 2010 and May 24, 2006, SIP Submittals with respect to 

section 110(l) of the CAA 

Section 110(l) of the Clean Air Act states: 

Each revision to an implementation plan submitted by a State under this Act shall be adopted by 

such State after reasonable notice and public hearing. The Administrator shall not approve a 

revision of a plan if the revision would interfere with any applicable requirement concerning 

attainment and reasonable further progress (as defined in section 171), or any other applicable 

requirement of this Act. 

Thus, under section 110(l), these two SIP revisions must not interfere with attainment or 

reasonable further progress or any other applicable requirement of the Act. The May 24, 2006, 

SIP submittal corrects typographical errors in the Albuquerque PSD permitting program, adopted 

in 2005 by the Albuquerque AQCB to implement New Source Review Reform permitting 

requirements. These corrections to typographical errors are thus required to adequately 

implement the Albuquerque PSD program consistent with EPA regulations and the CAA. The 

August 16, 2010 revisions to the Albuquerque PSD and NNSR permit programs, were adopted 

by the Albuquerque AQCB to implement the 1997 and 2006 PM2.5 NAAQS and provisions for 

NOX as a precursor to ozone, consistent with the 1997 and 2008 8-hour ozone NAAQS. Thus, 

the August 16, 2010, revisions are required to adequately implement the Albuquerque PSD and 

NNSR permitting programs consistent with EPA regulations and the CAA. Therefore, because 

the May 24, 2006 and August 16, 2010, SIP submittals are required under the CAA to implement 

statutorily mandated air permitting programs, these revisions by extension will not interfere with 

any applicable requirement concerning attainment and reasonable further progress, or any other 

applicable requirement of the CAA. 
48 

IV.B. Evaluation of the August 16, 2010 and May 24, 2006 SIP Submittals 

1. Evaluation of the August 16, 2010 and May 24, 2006, SIP submittals with respect to 

the Part 51, Appendix V Completeness Checklist

Part 51, Appendix V Completeness Checklists 

The criteria for completeness determination is Appendix V to Part 51 - Criteria for determining 

the completeness of plan submissions and is outlined below: 

1.0 Purpose: This appendix V sets forth the minimum criteria for determining whether a 

State implementation plan submitted for consideration by EPA is an official submission 

for purposes of review under § 51.103. 

1.1 The EPA shall return to the submitting official any plan or revision thereof which fails to 

meet the criteria set forth in this appendix V, and request corrective action, identifying 

the component(s) absent or insufficient to perform a review of the submitted plan. 

1.2 The EPA shall inform the submitting official whether or not a plan submission meets the 

requirements of this appendix V within 60 days of EPA's receipt of the submittal, but no 

later than 6 months after the date which the State was required to submit the plan or 

revision. If a completeness determination is not made by 6 months from receipt of a 

submittal, the submittal shall be deemed complete by operation of law on the date 6 

months from receipt. A determination of completeness under this paragraph means that 

the submission is an official submission for purposes of §51.103. 

The attached checklist outlines the basic criteria included under 2.1 and 2.2 of Appendix V. 

Section 2.3 of Appendix V describes the "parallel process procedure" which EPA had previously 

adopted to expedite the review of plans. This feature, however, is being deleted from the next 

revised CFR on completeness. Therefore, it is not included in the checklist. 
49 

SIP Completeness Checklist for the August 16, 2010 and May 24, 2006 SIP Submittal

1. The package is sent with a formal submittal letter from the Governor or his or her 

designee requesting EPA's approval of the revision. 

 The revision to the New Mexico State Implementation Plan (SIP) for typographical 

corrections in air quality regulations was received from Governor Bill Richardson with a 

May 24, 2010 letter. 

The New Mexico Infrastructure SIP revision which included PM2.5 and Ozone was 

submitted by a letter from New Mexico Governor Bill Richardson, with an August 16, 

2010 date. 

2. Evidence is included that the State has adopted the revision in the State code or body of 

regulations, or that the State has issued the permit, order, consent agreement (hereafter 

document) in final form. This evidence would include the date of adoption or final 

issuance and the effective date of revision, if different from adoption/issuance date. 

The revisions with the May 24 2006 submittal were adopted by the AlbuquerqueBernalillo County Air Quality Control Board on April 13, 2006, and became effective 

May 15, 2006. 

The revisions with the August 16, 2010 submittal were adopted by the AlbuquerqueBernalillo County Air Quality Control Board on July 14, 2010, and became effective 

August 30, 2010. 

3. Evidence is included that the State has necessary legal authority under State law to adopt 

and implement the revision, e.g., a citation of the appropriate State authority. 

The New Mexico Air Quality Act provides for regulation at 74-2-5.1 NMSA 1978. Duties 

and powers of the department and the local agency; and for plan revisions at 74-2-5.2 

NMSA 1978. State air pollution control agency; specific duties and powers of the 

department. 

4. A copy is included of the actual regulation or document submitted for approval and 

incorporation by reference into the SIP including an indication of the changes made to the 

existing approved plan where applicable. The submittal shall be a copy of the official 

State regulation document signed, stamped, and dated by the appropriate State official 

indicating that it is fully enforceable by the State. The effective date of the regulation 

document shall, whenever possible, be indicated in the document itself. 

The May 24, 2006 submittal included a copy of the official State regulation document, 

signed, stamped, and dated by Ms. Sue Umshler, Board Chair, of the AlbuquerqueBernalillo County Air Quality Control Board. 
50 

The August 16, 2010, submittal included a copy of the official State regulation document, 

signed, stamped, and dated by Dr. Margaret Menache, Vice Chair, of the AlbuquerqueBernalillo County Air Quality Control Board. 

5. Evidence is included that the State followed all the procedural requirements of its laws 

and/or its constitution in the conducting and completing the adoption/issuance of the 

plan. 

The May 24, 2006 SIP submittal package included a letter signed by Alfredo Santistevan, 

Director of the Albuquerque Environmental Health Department, that demonstrated the 

SIP submittal was developed pursuant to 40 CFR 51.104. 

The August 16, 2010 SIP submittal package included a letter signed by Mary Lou 

Leonard, Director of the Albuquerque-Bernalillo County Environmental Health 

Department, that demonstrated the SIP submittal was developed pursuant to 40 CFR 

51.104. 

6. Evidence is included that public notice was given of the proposed changes consistent 

with the procedures approved by EPA, including the date of publication of such notice, 

(e.g., notarized or certified copies of any public notices published in newspapers). (The 

notice should be at least 30 days prior to the public hearing(s). 

Notices of public hearings were published in the following newspapers on the date listed: 

The Albuquerque Journal on October 29, 2005 and the New Mexico Register, Volume 

XVI, Number 20, October 31, 2005, for the May 24, 2006 submittal. 

New Mexico Register, Volume XXI, Number 10, May 28, 2010, for the August 16, 2010 

submittal. 

7. A certification is included indicating that public hearing(s) was/were held in accordance 

with the information provided in the public notice(s) and the State's laws and 

constitution, if applicable. 

 

A public hearing was held in Albuquerque on December 14, 2005 on the May 24, 2006 

submittal. 

A public hearing was held in Albuquerque on July 24, 2010 on the August 16, 2010 

submittal. 

8. A compilation of public comments and the State's response is included. 

The May 24, 2006 SIP submittal package included a compilation of comments. 

Albuquerque-Bernalillo County Air Quality Control Board received written comments 

during the comment period, including EPA Region 6. 
51 

The August 16, 2010 SIP submittal package included a compilation of comments. 

Albuquerque-Bernalillo County Air Quality Control Board received written comments 

during the comment period, including EPA Region 6. 

The State should include the following technical information in its SIP revision request package. 

1. Identification of all regulated pollutants affected by the revision is included. 

The May 24, 2006 and August 16, 2010 submittals revise the Albuquerque PSD and 

NNSR permitting regulations. Therefore, the regulated pollutants are all criteria 

pollutants that the City of Albuquerque is designated as attainment or nonattainment. 

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the attainment 

plan for the affected area(s) is included. 

The May 24, 2006 and August 16, 2010, revise 20.11.60 and 20.11.61 NMAC. These 

regulations apply specifically to the City of Albuquerque’s PSD and NNSR permit 

programs. The City of Albuquerque is currently designated attainment for all criteria 

pollutants. The revisions to 20.11.61 NMAC will apply to major sources of criteria 

pollutants for which the City of Albuquerque is designated as attainment or maintenance. 

In the event that Albuquerque is designated as nonattainment for a pollutant(s) the 

revisions to 20.11.60 NMAC would apply. 

3. Quantification of the changes in SIP allowable emissions from the affected sources is 

included. (Examples include estimates of changes in current actual emissions from 

affected sources and/or, where appropriate, quantification of changes in actual emissions 

from affected sources through calculations of the differences between certain baseline 

levels and allowable emissions anticipated if the revisions were approved.) 

Not required for the May 24, 2006 and August 16, 2010 revisions to the Albuquerque 

PSD and NNSR permit program. Allowable emissions consistent with the PSD and NNSR 

permitting requirements will be addressed on a permit-by-permit basis. 

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and 

visibility as applicable would be protected if the revision were approved and 

implemented. 

The May 24, 2006 and August 16, 2010 revisions to the Albuquerque PSD and NNSR 

permit programs are necessary to implement statutorily required programs. Adoption of 

these programs will protect the NAAQS/PSD increments/RFP demonstration and 

visibility. 
52 

5. FOR REDESIGNATIONS: 

 a. Is there a fully approved maintenance plan for the primary ambient air quality 

standards for at least 10 years as required by §175A of the Clean Air Act? 

 Not applicable. 

 b. Are contingency measures included? 

 Not applicable. 

6. Modeling information, if applicable, is required to support the proposed revision. 

Modeling information is not necessary to support this SIP revision. Modeling will be 

provided on a permit-by-permit basis in accordance with the PSD regulations. 

7. Evidence is included where necessary, that emission limitations are based on continuous 

emission reduction technology (e.g., add-on controls, industrial/process equipment 

designs, reformulated materials, etc.). 

This SIP submittal does not establish emission limitations. Emission limitations will be 

established on a permit-by-permit basis according to the applicable PSD and NNSR 

requirements. 

8. Evidence is included indicating that a SIP revision contains emission limitations, work 

practice standards, and recordkeeping/reporting requirements to ensure stated emission 

levels. 

This SIP submittal does not establish emission limitations, work practice standards, and 

recordkeeping/reporting requirements to ensure stated emission levels. Each PSD and 

NNSR permit will include these items as necessary to implement the CAA and the 

PSD/NNSR permit programs. 

9. Compliance/enforcement strategies including how compliance will be determined in 

practice (including at what frequency). 

This SIP submittal does not establish compliance/enforcement strategies. Each PSD and 

NNSR permit will separately address compliance/enforcement. 

10. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not necessary 

should be included. For example, requests for alternative RACT may require such 

justification. 

 These justifications are not necessary for this SIP revision. 

The May 24, 2006 and August 16, 2010 SIP submittal meets the completeness criteria 

established in 40 CFR part 51, Appendix V. 
53 

IV.B. Evaluation of the May 24, 2006 and August 16, 2010 SIP Submittals 

2. Evaluation of the May 24, 2006 and August 16, 2010 SIP submittals with respect to 

the SIP-approved regulations and 40 CFR Part 51 PSD Requirements 

The following tables will evaluate the May 24, 2006 changes to 20.11.61 NMAC and the August 

16, 2010 revisions to 20.11.61 NMAC with respect to the SIP-approved provisions and the 

applicable federal requirements at 40 CFR Part 51. 
54 

Table IV-B1. Analysis of the May 24, 2006 Revisions to 20.11.61 NMAC with respect to SIP-approved re

CFR Part 51 requirements 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Regulations Revisions adopted by the Albuquerque AQCB on April 13, 2006 and submitted to EPA on May 24, 2006. 

Analysis of the May 2420.11.61 NMAC 

20.11.61.7 Definitions 20.11.61.7 Definitions (Note only changes made 

were to subsections HH and LL – those will be the only subsections included in the table below) 

HH. "Major modification" means any physical 

change in or change in the method of operation of a major stationary source that would result in a significant emissions increase of a regulated new source review pollutant, and a significant net emissions increase of that pollutant from the major stationary source. Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds oxides of nitrogen shall be considered significant for ozone. 

HH. "Major modification" means any physical 

change in or change in the method of operation of a major stationary source that would result in a significant emissions increase of a regulated new source review pollutant, and a significant net emissions increase of that pollutant from the major stationary source. Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or 

oxides of nitrogen shall be considered significant for ozone. 

This revision to 20.11.61“volatile organic compo“volatile organic componitrogen”. This change is necessary NOX as a precursor to oz

51.166(b)(49). This revision is approvab

LL. "Minor source baseline date" means the 

earliest date after the trigger date on which a major stationary source or major modification subject to 40 CFR 52.21, or 20.1 1.61 NMAC, submits a complete application. (1) The trigger dates are: 

(a) August 7, 1977, for particulate matter and sulfur dioxide, and (b) February 8, 1988 for nitrogen dioxide. 

(2) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if: 

(a) the area in which the proposed major stationary source or major modification would construct is designated as 

LL. "Minor source baseline date" means the 

earliest date after the trigger date on which a major stationary source or major modification subject to 40 CFR 52.21, or 20.1 1.61 NMAC, submits a complete application. (1) The trigger dates are: 

(a) August 7, 1977, for particulate matter and sulfur dioxide, and (b) February 8, 1988 for nitrogen dioxide. 

(2) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if: 

(a) the area in which the proposed major stationary source or major modification would construct is designated as 

This revision to 20.11.61and revises the numberinchanges are administratiThis revision is approvab
55 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Regulations Revisions adopted by the Albuquerque AQCB on April 13, 2006 and submitted to EPA on May 24, 2006. 

Analysis of the May 2420.11.61 NMAC 

attainment or unclassifiable under section 107(d)(l)(D) or (E) of the federal Act for the pollutant on the date the application is determined to be complete, consistent with 40 CFR 5 1.21 or 20.1 1.61 NMAC, and (b) in the case of a major stationary source, the pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase of the pollutant. 

(4) Any minor source baseline date established originally for the TSP increment shall remain in effect and shall apply for purposes of determining the amount of available PMl0 increments. The department may rescind any TSP minor source baseline date if it can be shown, to the director's satisfaction that, either the emissions increase from the major stationary source, or the net emissions increase from the major modification responsible for triggering the minor source baseline date did not result in a significant amount of PM lo 

emissions.

attainment or unclassifiable under section 107(d)(l)(D) or (E) of the federal Act for the pollutant on the date the application is determined to be complete, consistent with 40 CFR 5 1.21 40 CFR 52.21 or 20.1 1.61 

NMAC, and (b) in the case of a major stationary source, the pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase of the pollutant. 

(4) (3)Any minor source baseline date established 

originally for the TSP increment shall remain in effect and shall apply for purposes of determining the amount of available PMl0 increments. The department may rescind any TSP minor source baseline date if it can be shown, to the director's satisfaction that, either the emissions increase from the major stationary source, or the net emissions increase from the major modification responsible for triggering the minor source baseline date did not result in a significant amount of PM lo 

emissions.

20.11.61.28 Table 3 – Significant Monitoring Concentrations 

Pollutant Air Quality 

Concentration Microgram per cubic meter (μg/m3) 

Averaging Time 

Carbon monoxide 

575 8 hours 

Fluorides 0.25 24 hours Lead 0.1 3 months 

20.11.61.28 Table 3 – Significant Monitoring Concentrations 

Pollutant Air Quality 

Concentration Microgram per cubic meter (μg/m3) 

Averaging Time 

Carbon monoxide 

575 8 hours 

Fluorides 0.25 24 hours Lead 0.1 3 months 

The revisions to 20.11.6Table 3. This footnote is detailed below. This revision is necessarregulations consistent wfor VOC as a precursor t51.166(b)(49)(i). 
56 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Regulations Revisions adopted by the Albuquerque AQCB on April 13, 2006 and submitted to EPA on May 24, 2006. 

Analysis of the May 2420.11.61 NMAC 

Nitrogen dioxide 

14 Annual 

Ozone B Particulate Matter (M10) 

10 24 hours 

Sulfur compounds Hydrogen sulfide (H2S) Reduced sulfur compounds (incl. H2S) Sulfur dioxide Sulfuric acid mist Total reduced sulfur (incl. H2S) 

0.20 10 13 A 10 

1 hour 1 hour 24 hours 1 hour 

A – No acceptable monitoring techniques available at this time. Therefore, monitoring is not required until acceptable techniques are available. 

Nitrogen dioxide 

14 Annual 

Ozone B Particulate Matter (PM10) 

10 24 hours 

Sulfur compounds Hydrogen sulfide (H2S) Reduced sulfur compounds (incl. H2S) Sulfur dioxide Sulfuric acid mist Total reduced sulfur (incl. H2S) 

0.20 10 13 A 10 

1 hour 1 hour 24 hours 1 hour 

A – No acceptable monitoring techniques available at this time. Therefore, monitoring is not required until acceptable techniques are available. B – No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds subject to PSD would be required to perform an ambient impact analysis, including the gathering of ambient air quality data. 

This revision is approvabthis revision does not ide

to ozone. Therefore, this approvable as implemen

ozone. This revision to 2approved if the subsequeAugust 16, 2010 is also 

20.11.61.29 Table 4 – Allowable PSD Increments: 

Micrograms per cubic meter (μg/m3) 

Class I Class II Class

III 

20.11.61.29 Table 4 – Allowable PSD Increments: 

Micrograms per cubic meter (μg/m3) 

Class I Class II Class 

III 

This revision to 20.11.61B from Table 4. As discufootnote was moved to TNMAC. 
57 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Regulations Revisions adopted by the Albuquerque AQCB on April 13, 2006 and submitted to EPA on May 24, 2006. 

Analysis of the May 2420.11.61 NMAC 

Nitroen Dioxide annual arithmetic mean 

2.5 25 50 

Particulate Matter PM10, annual arithmetic mean PM10, 24-hour maximum 

4 8a 

17 30a 

34 60a 

Sulfur Dioxide Annual arithmetic mean 24-hour maximum 3-hour maximum 

2 5a 25a 

20 91a 512a 

40 182a 700a 

a – Not to be exceeded more than once per year. b – No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds subject to PSD would be required to perform an ambient impact analysis, including the gathering of ambient air quality data. 

Nitrogen Dioxide annual arithmetic mean 

2.5 25 50 

Particulate Matter PM10, annual arithmetic mean PM10, 24-hour maximum 

4 8a 

17 30a 

34 60a 

Sulfur Dioxide Annual arithmetic mean 24-hour maximum 3-hour maximum 

2 5a 25a 

20 91a 512a 

40 182a 700a 

a – Not to be exceeded more than once per year. b – No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds subject to PSD would be required to perform an ambient impact analysis, including the gathering of ambient air quality data.

This revision is administThis revision is approvab

The analysis presented above in Table IV-B1 demonstrates that the revisions to 20.11.61 NMAC adopted on Apr

submitted on May 24, 2006 are consistent with EPA regulations, policy and guidance for the PSD Permitting Prorevisions to the Albuquerque SIP are approvable. 
58 

Table IV-B2. Analysis of the August 16, 2010 Revisions to 20.11.61 NMAC with respect to SIP-approved 40 CFR Part 51 requirements Note that there are pending revisions to 20.11.61 NMAC that were submitted to EPA on May 24, 2006 (disTable IV-B1). 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

20.11.61.1 ISSUING AGENCY: Albuquerque – Bernalillo County Air Quality Board. P.O. Box 1293 Albuquerque, NM 87103. Telephone: (505) 768-2600. 

20.11.61.1 ISSUING AGENCY: Albuquerque – 

Bernalillo County Air Quality Board. P.O. Box 1293 Albuquerque, NM 87103. Telephone: (505) [768-2600] 768-2601. 

This is an administrative ABCAQB phone numbeThis revision is approvab

20.11.61.2 SCOPE:  A. Exempt: (2) each regulated new source review pollutant emitted in a nonattainment area for that pollutant;  (3) after a public hearing, consistent with the public notice and participation provisions of 20.11.41 NMAC, Authority-to-Construct, the 

board may exempt major stationary sources or major modifications that are part of nonprofit health or nonprofit educational institutions; or  (4) a portable stationary source which has previously received a permit pursuant to 20.11.61 NMAC ; and; 

 (a) the owner or operator proposes to relocate the source, and emissions from the source at the new location will be temporary; and  (b) the emissions from the source would not exceed its allowable emissions rate; and  (c) the emissions from the source would not impact any federal class I area nor any area where an applicable increment is known to be 

20.11.61.2 SCOPE:  A. Exempt:

 (2) each regulated new source review pollutant emitted by a source or modification 

located in a nonattainment area for that pollutant; 

 (3) after a public hearing, consistent with the public notice and participation provisions of 20.11.41 NMAC, Authority-to-Construct, the 

board may exempt major stationary sources or major modifications [that are part of] if:

 (a) the major stationary source 

would be a nonprofit health or nonprofit 

educational [institutions] institution, or a major 

modification that would occur at such an institution; or 

 [(4) (b) the source or modification is a 

portable stationary source which has previously received a permit pursuant to 20.11.61 NMAC [; 

and] if:

 [(a)] (i) the owner or operator 

proposes to relocate the source, and emissions from the source at the new location [will] would be 

temporary; and 

The revisions to the AlbProgram Scope are made and non-substantive in nrestructure the SIP-approthe revisions to the scoprequirements at 40 CFR This revision is approvab
59 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

violated; and  (d) reasonable notice is given to the department prior to the relocation identifying the proposed new location and the probable duration of operation at the new location; such notice shall be given to the department not less than 10 days in advance of the proposed relocation unless a different time interval is previously approved by the department;  (5) sources or modifications that would be major only if quantifiable fugitive emissions are considered in calculating the potential to emit or not emissions increase, and the source does not belong to:  (a) any category in Table 1 of 20.11.61.26 NMAC; or  (b) any other stationary source category which on or after August 7, 1980, is being regulated under Section 111 or 112 of the act. 

 [(b)] (ii) the emissions from the 

source would not exceed its allowable emissions rate; and  [(c) ] (iii) the emissions from the 

source would not impact any federal class I area nor any area where an applicable increment is known to be violated; and  [(d)] (iv) reasonable notice is given to the department prior to the relocation identifying the proposed new location and the probable 

duration of operation at the new location; such notice shall be given to the department not less than 10 days in advance of the proposed relocation unless a different time [interval] duration is 

previously approved by the department;  [(5)] (4) sources or modifications that 

would be major only if quantifiable fugitive emissions are considered in calculating the potential to emit [or not emissions increase], and 

the source does not belong to:  (a) any category in Table 1 of 20.11.61.26 NMAC; or  (b) any other stationary source category which [on or after] as of August 7, 1980, 

is being regulated under Section 111 or 112 of the act. 

20.11.61.7 DEFINITIONS: To assist in the review, each definition at 20.11.61.7 NMAC that has been revised will be presented as a separate row in this table.

20.11.61.7 DEFINITIONS: To assist in the review, each definition at 20.11.61.7 NMAC that has been revised will be presented as a separate row in this table.

The analysis of each revpresented below. 

I. “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated new source review pollutant, as determined in accordance with the following.

I. “Baseline actual emissions” means the rate of emissions, in tons per year, of a regulated new source review pollutant, as determined in accordance with [the following] Paragraphs (1)-(4) 

of Subsection I of 20.11.61.7 NMAC.

The definition of “baselirequired at 40 CFR 51.12010 revisions to the SIP“baseline actual emissioimprove readability of th
60 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

changing the underlying requirements. These revi

20.11.61.7 DEFINITIONS [CONT.] J. “Baseline area”Means all lands designated as attainment or unclassifiable in which the major source or major modification would construct or would have an air quality impact equal to or greater than one microgram per cubic meter (1 ug/m3) (annual 

average) of the pollutant for which the minor source baseline date is established. The major source or major modification establishes the minor source baseline date. Lands are designated as attainment or unclassifiable under Section 107(d)(1)(D) or (E) of the Act within each federal air quality control region in the state of New Mexico. Any baseline area established originally for total suspended particulates (TSP) increments shall remain in effect and shall apply for purposes of determining the amount of available PM10

increments, A TSP baseline area shall not remain in effect if the department rescinds the corresponding minor source baseline date. 

20.11.61.7 DEFINITIONS [CONT.] J. “Baseline area”(1) Means [all lands] any intrastate area (and 

every part thereof) designated as attainment or 

unclassifiable under Section 107(d)(1) (D) or (E) of 

the act in which the major source or major 

modification establishing the minor source baseline 

date would construct or would have an air quality 

impact equal to or greater than one microgram per cubic meter (1 ug/m3) (annual average) of the 

pollutant for which the minor source baseline date is established. [The major source or major 

modification establishes the minor source baseline date. Lands are designated as attainment or unclassifiable under Section 107(d)(1)(D) or (E) of the Act within each federal air quality control region in the state of New Mexico.] 

 (2) Area redesignations under Section 107(d)(1) 

(D) or (E) of the act cannot intersect or be smaller than the area of impact of any major stationary source or major modification which:

(a) establishes a minor source baseline 

date; or

 (b) is subject to 40 CFR 52.21 or under 

regulations approved pursuant to 40 CFR 51.166, and would be constructed in the same state as the state proposing the redesignation;

(3) Any baseline area established originally for 

total suspended particulates (TSP) increments shall remain in effect and shall apply for purposes of determining the amount of available PM10

increments, [A TSP] except that such baseline area 

The substantive revisionrequired at 40 CFR 51.1These revisions are appr
61 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

shall not remain in effect if the department rescinds the corresponding minor source baseline date in accordance with Paragraph (3) of Subsection LL of 20.11.61.7 NMAC.

K. “Baseline concentration” means that ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. (1) A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include: 

(a) The actual emissions shall be representative of sources in existence on the applicable minor source baseline date, except as provided in Paragraph (2) of Subsection K of 20.11.61.7 NMAC; 

Remainder of definition unchanged

K. “Baseline concentration” means that ambient 

concentration level that exists in the baseline area at the time of the applicable minor source baseline date. (1) A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include: 

(a) The actual emissions [shall be] 

representative of sources in existence on the applicable minor source baseline date, except as provided in Paragraph (2) of Subsection K of 20.11.61.7 NMAC; 

Remainder of definition unchanged 

The definition of “baselirequired at 40 CFR 51.1This revision is a non-suSIP-approved definition consistent with the feder

M. “Best available control technology (BACT)”means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each regulated new source review pollutant determines is achievable on a case-bycase basis, This determination will take into account energy, environmental, and economic impacts and other costs, The determination must be achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutants. 

M. “Best available control technology (BACT)”means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each regulated new source review pollutant which would be emitted from any proposed major stationary source or major modification, which the director[determines is 

achievable] on a case-by-case basis, [This determination will take] taking into account energy, 

environmental, and economic impacts and other costs, [The determination must be] determines is

achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such [pollutants] pollutant. [Remainder of SIP-approved definition is 

unchanged.] 

The definition of “best a(BACT)” is required at 4revisions to the SIP-apprare non-substantive and with the federal requiremThis revision is approvab
62 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

N. “Building, structure, facility, or installation” means all of the pollutant emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same “major group” (i.e., which have the same first two-digit code) as described in the standard industrial classification (SIC) manual, 1972, as amended by the 1977 supplement (U.S. government printing office stock numbers 4101-0066 and 03-005-00176-0, respectively) or any superseding SIC manual. 

N. “Building, structure, facility, or 

installation” means all of the pollutant emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutantemitting activities shall be considered as part of the 

same industrial grouping if they belong to the same “major group” (i.e., which have the same first twodigit code) as described in the standard industrial classification (SIC) manual, 1972, as amended by the 1977 supplement (U.S> government printing office stock numbers 4101-0066 and 03-005-00176-0, respectively) or any superseding SIC manual. 

The substantive revisionfacility or installation” arequirements at 40 CFR This revision is approvab

P. “Commence” means, as applied to construction of a major stationary source or major modification, that the owner or operator has all necessary preconstruction approvals or permits and has: (1) begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or (2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake and complete, within a reasonable time, a program of actual construction.

P. “Commence” [means,] as applied to 

construction of a major stationary source or major modification, means that the owner or operator has 

all necessary preconstruction approvals or permits and either has: 

 (1) begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or (2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake [and complete, within a reasonable time,] 

a program of actual construction of the source to be completed within a reasonable time.

The definition of “commCFR 51.166(b)(9). The Athe SIP-approved definitand continue to be consirequirements. This revision is approvab

Q. “Complete” means, in reference to an application for a permit, that the department has 

determined the application contains all of the information necessary for processing the 

Q. “Complete” means, in reference to an application for a permit, that the department has 

determined the application contains all of the information necessary for processing the 

The definition of “comp40 CFR 51.166(b)(22). Tnon-substantive and conthe federal requirements
63 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

application. Designating an application complete for purposes of permit processing does not preclude the reviewing authority from requesting or accepting any additional information 

application. Designating an application complete for purposes of permit processing does not preclude the [reviewing authority] department from 

requesting or accepting any additional information 

This revision is approvab

Y. “Emissions unit” means any part of a stationary source that emits or would have the potential to emit any regulated new source review pollutant and includes an electric utility steam generating unit as defined in 20.11.61.7 NMAC. For purposes of Subsection Y of 20.11.61.7 NMAC, there are two types of emissions units as described; 

Y. “Emissions unit” means any part of a stationary source that emits or would have the potential to emit any regulated new source review pollutant and includes an electric utility steam generating unit as defined in 20.11.61.7 NMAC. For purposes of [Subsection Y of 20.11.61.7 

NMAC] 20.11.61 NMAC, there are two types of 

emissions units as [described.] follows:

[Remainder of definition is unchanged.] 

The definition of “emissCFR 51.166(b)(7). The August 2010 revisioapplicability of the “emithe entirety of the Albuqrather than just the Albudefinitions. This revision is approvabfederal requirements. 

AA. “Federally enforceable” means all limitations and conditions which are enforceable by the administrator, including: 

(1) those requirements developed pursuant to 40 

CFR Parts 60 and 61 

(2) Requirements within any applicable state 

implementation plan (SIP); 

(3) Any permit requirements established pursuant 

to 40 CFR 52.21; or 

(4) Under regulations approved pursuant to 40 

CFR Part 51, Subpart I, including 40 CFR 51.165 and 40 CFR 51.166 . 

AA. “Federally enforceable” means all limitations and conditions which are enforceable by the administrator, including: 

(1) those requirements developed pursuant to 40 

CFR Parts 60 and 61 

(2) Requirements within any applicable state 

implementation plan (SIP); 

(3) Any permit requirements established pursuant 

to 40 CFR 52.21; or 

(4) Under regulations approved pursuant to 40 CFR 

Part 51, Subpart I, including [40 CFR 51.165 

and 40 CFR 51.166] operating permits issued under an EPA-approved program that expressly requires adherence to any permit issued under such program.

The definition of “federarequired at 40 CFR 51.12010 substantive revisioAlbuquerque PSD progrwith the federal requiremThis revision is approvab

EE. “Innovative control technology” means any system of air pollution control that has not been adequately demonstrated in practice, but such system would have a substantial likelihood of achieving greater continuous emissions reduction 

EE. “Innovative control technology” means any 

system of air pollution control that has not been adequately demonstrated in practice, but [such 

system] would have a substantial likelihood of 

achieving greater continuous emissions reduction 

The definition of “innovis required at40 CFR 512010 revisions non-subsapproved definition to im
64 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

than any control system in current practice or achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts. 

than any control system in current practice or achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts. 

This revision is approvab

HH. “Major modification"Major modification" means any physical change in or change in the method of operation of a major stationary source that would result in a significant emissions increase of a regulated new source review pollutant, and a significant net emissions increase of that pollutant from the major stationary source. Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds oxides of nitrogen shall be considered significant for ozone. (1) A physical change or change in the method of operation shall not include: 

(a) routine maintenance, repair, and replacement; (b) use of an alternative fuel or raw material by reason of an order under Section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act; (c) use of an alternative fuel by reason of an order or rule under Section 125 of the Act; (d) use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste; (e) use of an alternative fuel or raw 

HH. “Major modification

(1) Means any physical change in or change in the 

method of operations of a major source that would result in: a significant emissions increase of a regulated new source review pollutant; and a significant net emissions increase of that pollutant from the major stationary source. 

(2) Any significant emissions increase from any 

emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or oxides of nitrogen shall be considered significant for ozone. 

[(1)](3) A physical change or change in the method 

of operation shall not include: 

(a) routine maintenance, repair, and replacement; (b) use of an alternative fuel or raw material by reason of an order under Section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act; (c) use of an alternative fuel by reason of an order or rule under Section 125 of the Act; (d) use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste; 

Note that there is a substdefinition of “major mod2006 table IV.B1 above. previously, the 2006 revnecessary to identify NO

and implement the 1997 NAAQS. The definition of “major at 40 CFR 51.166(b)(2).non-substantively revise modification” to improvrevisions are consistent wThe August 2010 and Mapprovable. 
65 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

material by a stationary source which the source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 5 1.165 or 40 CFR 5 1.166; or the source is approved to use under any permit issued under 40 CFR 52.2 1 or under regulations 

approved pursuant to 40 CFR 5 1.166; 

(f) an increase in the hours of operation or 

in the production rate, unless such change would be prohibited under any federally enforceable permit which was established after January 6, 1975, pursuant to 40 CFR 52.2 1 or under regulations approved pursuant to 40 CFR 5 1.165 or 40 CFR 5 1.166; (g) any change in ownership at a stationary source; (h) the installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with the state implementation plan for the state in which the project is located; and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated. (i) the installation or operation of a permanent clean coal technology demonstration project that constitutes 

(e) use of an alternative fuel or raw material by a stationary source which: 

(i) the source was capable of 

accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to [40 CFR 

51.165] 40 CFR Subpart I or 40 

CFR 51.166; or  (ii) the source is approved to use 

under any permit issued under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166; 

(f) an increase in hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was 

established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to [40 CFR 51.165] 40 

CFR Subpart I or 40 CFR 51.166; 

(g) any change in ownership at a stationary source;  (h) the installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with; 

(i) the state implementation plan 

for the state in which the project is located; and 
66 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

repowering, provided that the project does not result in an increase in the potential to emit of any regulated new source review pollutant emitted by the unit. This exemption shall apply on a pollutant-bypollutant basis. (j) the reactivation of a very clean coalfired electric utility steam generating unit. 

(2) This definition shall not apply with respect to a particular regulated new source review pollutant when the major stationary source is complying with the requirements under 20.11.61.20 NMAC for a PAL for that pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.11.61.20 

NMAC shall apply. 20.11.61.20 NMAC for a PAL for that pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.11.61.20 NMAC shall apply. 

(ii) other requirements necessary to 

attain and maintain the national ambient air quality standards during the project and after it is terminated; 

(i)The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated new source review pollutant emitted by the unit; this exemption shall apply on a pollutant-bypollutant basis; or

 (j) the reactivation of a very clean coalfired electric utility steam generating unit. 

[(2)](4) This definition shall not apply with respect 

to a particular regulated new source review pollutant when the major stationary source is complying with the requirements under 20.11.61.20 NMAC for a PAL for that pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.11.61.20 NMAC shall apply. 

JJ. “Major stationary source” means:  (1) any stationary source listed in Table 1 of 20.11.61.26 NMAC which emits, or has the potential to emit, emissions equal to or greater than 100 tons per year of any regulated new source review pollutant; or (2), any stationary source not listed in Table 1 of 

20.11.61.26 NMAC and which emits, or has the potential to emit, 250 tons per year or more of any regulated new source review pollutant; or (3) any physical change that would occur at a 

JJ. “Major stationary source”

(1) means: 

[(1)](a) any stationary source listed in Table 1 

of 20.11.61.26 NMAC which emits, or has the potential to emit, [emissions equal to or greater 

than] 100 tons per year or more of any regulated 

new source review pollutant; [or] 

 [(2)](b) notwithstanding the stationary source 

categories specified in Subparagraph (a) of Paragraph (1) of Subsection JJ of 20.11.61.7 NMAC, any stationary source [not listed in Table 1 of 20.11.61.26 NMAC and] which 

The definition of “major required at 40 CFR 51.1revisions renumber the sprovide clarifying internrevisions are consistent wThe language at 20.11.6previously SIP-approved action on the AlbuquerqThe August 16, 2010 subsubstantive change to thand only makes minister
67 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

stationary source not otherwise qualifying under Paragraphs (1) or (2) of Subsection JJ of 20.11.61/7 NMAC, if the change would constitute a major source by itself. (4) A major source that is major for volatile organic compounds or oxides of nitrogen shall be considered major for ozone. (5) The fugitive emissions of a stationary source shall not be included in determining whether it is a major stationary source, unless the source belongs to one of the stationary source categories found in Table 1 of 20.11.61.26 NMAC or any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the act. 

emits, or has the potential to emit, 250 tons per year or more of any regulated new source review pollutant; or  [(3)](c) any physical change that would occur 

at a stationary source not otherwise qualifying under [Paragraphs (1) or (2) of] Subsection JJ of 

20.11.61.7 NMAC, as a major stationary source

if the change would constitute a major source by itself. 

[(4)](2) A major source that is major for volatile 

organic compounds or oxides of nitrogen shall be considered major for ozone. [(5)](3) The fugitive emissions of a stationary source shall not be included in determining whether it is a major stationary source, unless the source belongs to one of the stationary source categories found in Table 1 of 20.11.61.26 NMAC or any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the act. 

the provision. We are prrenumbering as a non-suSIP. However, it is impoprovisions at 40 CFR 51correspond to 20.11.61.7underlying substantive pof these ministerial revisindefinitely through an iMarch 30, 2011, see 76 Frevisions we are approvithis interim final rule as revisions. EPA and/or Nto take future substantivpending the resolution oThis revision is approvab

LL. “Minor source baseline date” means the earliest date after the trigger date on which a major stationary source or major modification subject to 40 CFR 52.21 or 20.11.61 NMAC, submits a complete application. 

(1) The trigger dates are: 

(a) August 7, 1977, for particulate matter and 

sulfur dioxide; and 

(b) February 8, 1988 for nitrogen dioxide. 

(2) The baseline date is established for each 

pollutant for which increments or other equivalent measures have been established if: (a) The area in which the proposed major 

stationary source or Major modification would construct is 

LL. “Minor source baseline date” means the 

earliest date after the trigger date on which a major stationary source or major modification subject to 40 CFR 52.21 or 20.11.61 NMAC, submits a complete application. 

(1) The trigger dates are: 

(a) August 7, 1977, for particulate matter and 

sulfur dioxide; and 

(b) February 8, 1988 for nitrogen dioxide. 

(2) The baseline date is established for each 

pollutant for which increments or other equivalent measures have been established if: (a) The area in which the proposed major 

stationary source or Major modification would construct is designated as attainment 

The definition of “minor required at 40 CFR 51.12010 revisions do not suapproved definition. The improve readability of thconsistency with the fedThese revisions are appr
68 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

designated as attainment or unclassifiable under section 107(d)(1)(D) or (E) of the federal act for the pollutant on the date the application is determined to be complete, consistent with 40 CFR 52.21 or 20.11.61 NMAC; and 

(b) In the case of a major stationary source, 

the pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase of the pollutant. 

(3) Any minor source baseline date established 

originally for the TSP increment shall remain in effect and shall apply for purposes of determining the amount of available PM10

increments, the department may rescind any TSP minor source baseline date if it can be shown, to the director’s satisfaction that, either the emissions increase from the major stationary source, or the net emission increase from the major modification, responsible for triggering the minor source baseline date did not result in a significant amount of PM10

emissions. 

or unclassifiable under [section 

107(d)(1)(D) or (E)] Section 107(d)(i)(D) or (E) of the federal act for the pollutant on 

the date [the application is determined to be 

complete, consistent with] of its complete application under 40 CFR 52.21 or 

20.11.61 NMAC; and

(b) In the case of a major stationary source, the 

pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase of the pollutant. 

(3) Any minor source baseline date established 

originally for the TSP [increment] increments

shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that the department 

may rescind any [TSP] such minor source 

baseline date [if] where it can be shown, to the 

director’s satisfaction that, either the emissions increase from the major stationary source, or the net emission increase from the major modification, responsible for triggering [the 

minor source baseline] that date did not result in 

a significant amount of PM10 emissions. 

OO. “Net emissions increase”Means, with respect to any regulated new source review pollutant emitted by a major stationary source, the following: 

(1) the amount by which the sum of the following 

exceeds zero: 

OO. “Net emissions increase”

(1) Means, that with respect to any regulated new 

source review pollutant emitted by a major stationary source, [the following: the amount by 

which the sum of the following exceeds zero: (a) the increase in emissions from a particular 

The definition of “net emrequired at 40 CFR 51.1revisions to the SIP-apprconsistent with the federThese revisions are appr
69 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

(a) the increase in emissions from a particular 

physical change or change in the method of operation at a stationary source as calculated pursuant to Subsection D of 20.11.61.11 NMAC; and 

(b) any other increases and decreases in actual 

emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating increases and decreases shall be determined as provided in Subsection I of 20.11.61.7 NMAC, except that Subparagraph (c ) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of Subsection I of 20.11.61.7 NMAC shall not apply. 

(2) An increase or decrease in actual emissions is 

contemporaneous with the increase from the particular change only if it occurs within the time period five years prior to the commencement of construction on the particular change and the date that the increase from the particular change occurs 

(3) An increase or decrease in actual emissions is 

creditable only if: (a) It occurs within the time period five years 

prior to the commencement of construction on the particular change and the date that the increase from the particular change occurs; and 

(b) the department has not relied on it in 

issuing a permit for the source under regulations approved pursuant to 20.11.61 NMAC, and is in effect when the increase in actual emissions from the particular 

physical change or change in the method of operation at a stationary source as calculated pursuant to Subsection D of 20.11.61.11 NMAC; and 

(b) any other increases and decreases in actual 

emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating increases and decreases shall be determined as provided in Subsection I of 20.11.61.7 NMAC, except that Subparagraph (c ) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of Subsection I of 20.11.61.7 NMAC shall not apply. 

(2) An increase or decrease in actual emissions is 

contemporaneous with the increase from the particular change only if it occurs [within the time 

period] between:

(a) the date five years prior to the 

commencement of construction on the particular change; and 

(b) the date that the increase from the 

particular change occurs 

(3) An increase or decrease in actual emissions is 

creditable only if: 

(a) It occurs [within the time period] between:

(i) the date five years prior to the 

commencement of construction on the particular change; and 

(ii) the date that the increase from the 

particular change occurs; and 

(b) the department has not relied on it in 

issuing a permit for the source under 
70 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

change occurs. 

(4) An increase or decrease in actual emissions of 

sulfur dioxide, particulate matter, or oxides of nitrogen that occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. 

(5) An increase in actual emissions is creditable 

only to the extent that the new level of actual emissions exceeds the old level. 

(6) A decrease in actual emissions is creditable 

only on the extent that: (a) the old level of actual emissions or the old 

level of allowable emissions, whichever is lower, exceeds the new level of actual emissions: 

(b) it is enforceable as a practical matter at 

and after the time that actual construction on the particular change begins; and 

(c) it has approximately the same qualitative 

significance for public health and welfare as that attributed to the increase from the particular change. 

(7) An increase that results from a physical change 

at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

(8) Paragraph (2) of Subsection B of20.11.61.7 

NMAC shall not apply for determining creditable 

regulations approved pursuant to 20.11.61 NMAC, [and] which permit is in effect 

when the increase in actual emissions from the particular change occurs. 

(4) No change 

(5) No change 

(6) A decrease in actual emissions is creditable 

only on the extent that: (a) the old level of actual emissions or the old 

level of allowable emissions, whichever is lower, exceeds the new level of actual emissions 

(b) it is enforceable as a practical matter at and 

after the time that actual construction on the particular change begins; and 

(c) it has approximately the same qualitative 

significance for public health and welfare as that attributed to the increase from the particular change; and

(7) No change 

(8) No change 
71 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

increases and decreases.

UU. “Projected actual emissions”

 Means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated new source review pollutant in any one of the five years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit’s design capacity or its potential to emit that regulated new source review pollutant, and full utilization of the unit would result in a significant emissions increase, or a significant net emission increase at the major stationary source. In determining the projected actual emissions (before beginning actual construction), the owner or operator of the major stationary source: (1) shall consider all relevant information, including but not limited to, historical operational data, the company’s own representations, the company’s expected business activity and the company’s highest projections of business activity, the company’s filings with the state or federal regulatory authorities, and compliance plans under an approved SIP; and (2) shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and (3) shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under Subsection I of 20.11.61.7 NMAC 

UU. “Projected actual emissions”

(1) Means the maximum annual rate, in tons per 

year, at which an existing emissions unit is projected to emit a regulated new source review pollutant in any one of the five years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit’s design capacity or its potential to emit that regulated new source review pollutant, and full utilization of the unit would result in a significant emissions increase, or a significant net emission increase at the major stationary source. 

(2) In determining the projected actual emissions 

(before beginning actual construction), the owner or operator of the major stationary source: 

[(1)](a) shall consider all relevant 

information, including but not limited to, historical operational data, the company’s own representations, the company’s expected business activity and the company’s highest projections of business activity, the company’s filings with the state or federal regulatory authorities, and compliance plans under an approved SIP; and [(2)](b) shall include fugitive emissions to 

the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and [(3)](c) shall exclude, in calculating any 

increase in emissions that results from the 

The definition of “projecrequired at 40 CFR 51.12010 revisions renumber definition and make nonconsistent with federal rThis revision is approvab
72 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or  (4) in lieu of using the method set out in Paragraphs (1) through (3) of Subsection UU of 20.11.61.7 NMAC may elect to use the emissions unit’s potential to emit in tons per year. 

particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under Subsection I of 20.11.61.7 NMAC and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or 

[(4)](3) may check to use the emissions unit’s 

potential to emit in tons per year in lieu of using the 

method set out in [Paragraphs (1) through (3) of 

Subsection UU of 20.11.61.7 NMAC may elect to use the emissions unit’s potential to emit in tons per year] Subparagraphs (a)-(c) of Paragraph (2) of Subsection UU of 20.11.61.7 NMAC. 

VV. “Regulated new source review pollutant”means the following: 

(1) any pollutant for which a national ambient air 

quality standard has been promulgated and any constituents or precursors for such pollutants identified by the administrator (e.g. volatile organic compounds and oxides of nitrogen are precursors for ozone); 

(2) any pollutant that is subject to any standard 

promulgated under Section 111 of the act; 

(3) any class I or II substance subject to a standard 

promulgated under or established by Title VI of the act; or 

(4) any pollutant that otherwise is subject to 

regulation under the act; except that any or all hazardous air pollutants either listed in Section 112 of the act or added to the list pursuant to Section 112(b)(2) of the act, which have not 

VV. “Regulated new source review pollutant”means the following: 

(1) any pollutant for which a national ambient air 

quality standard has been promulgated and any [constituents or precursors for such pollutants 

identified by the administrator (e.g. volatile organic compounds and oxides of nitrogen are precursors for ozone] pollutant identified under Paragraph (1) of Subsection VV of 20.11.61 NMAC as a constituent or precursor to such pollutant; precursors identified by the administrator for purposes of new source review are the following:

(a) volatile organic compounds and nitrogen 

oxides are precursors to ozone in all attainment and unclassifiable areas:

(b) sulfur dioxide is a precursor to PM2.5 in all 

attainment and unclassifiable areas;

The definition of “regulapollutant” is required at The current SIP-approveNSR pollutant” already i

precursor for ozone and 1997 and 2008 8-hour ozsubsequent August 2010 new source review polluwith federal requirement

precursor for ozone and 

NAAQS. The new revisions to the NSR pollutant” submitteconsistent with federal reprecursors of PM2.5 for P
73 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

been delisted pursuant to Section 112(b)(3) of the act, are not regulated new source review pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the act. 

(c) nitrogen oxides are presumed to be 

precursors to PM2.5 in all attainment and unclassifiable areas, unless the state demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient PM2.5

concentrations;

(d) volatile organic compounds are presumed 

not to be precursors to PM2.5 in any attainment or unclassifiable area, unless the state demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area’s ambient PM2.5 concentrations;

(2) any pollutant that is subject to any standard 

promulgated under Section 111 of the act; 

(3) any class I or II substance subject to a standard 

promulgated under or established by Title VI of the act; [or] 

(4) any pollutant that otherwise is subject to 

regulation under the act ; except that any or all hazardous air pollutants either listed in Section 112 of the act or added to the list pursuant to Section 112(b)(2) of the act, which have not been delisted pursuant to Section 112(b)(3) of the act, are not regulated new source review pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the act. 

(5) Reserved;

Note that when EPA finaapproval of the August 2NSR pollutant” at 20.11amendatory language tabcontinue to show that the submittal is the SIP-apprNote that EPA proposed 51.166(b)(49)(i)(a) on M15656. The proposed revof PM in the condensablNSR Pollutant. EPA ackMarch 16, 2012 FRN thaerror and makes the PSD than intended. However, proposed approval of the Albuquerque submittal bAlbuquerque PSD progrstringent than the federaof whether we finalize thproposed on March 16, 2To provide context, the fthe excerpts of the proporegulatory text at 77 FR to indicate proposed chaProposed 40 CFR 51.166

Particulate matt

and PM10 emis

emissions from condense to forambient temper1, 2011, such comatter shall be 
74 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

(6) particulate matter (PM) emissions, PM2.5

emissions, and PM10 emissions shall include 

gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures; on or after January 1, 2011 (or any earlier date established in the upcoming rulemaking codifying test methods), such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5 and PM10 in PSD permits; compliance with emissions limitations for PM, PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of 20.11.61 NMAC unless the applicable implementation plan required condensable particulate matter to be included.

applicability deestablishing em

PM2.5 and PM10 

Compliance wiPM, PM2.5 and 

date shall not bparticulate mattterms and condapplicable implApplicability dethis date withoucondensable paconsidered in vunless the applirequired condenbe included. 

XX. “Secondary emissions” means emissions which occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of Subsection XX of 20.11.61.7 NMAC, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the 

XX. “Secondary emissions” means emissions which occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of [Subsection XX of 20.11.61.7 

NMAC] 20.11.61 NMAC, secondary emissions 

must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a 

The definition of “seconat 40 CFR 51.166(b)(18)revisions to the SIP-apprsubstantive corrections tdefinition continues to sThis revision is approvab
75 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. 

result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel 

YY. “Significant” means in reference to a net emissions increase or the potential of a source to emit air pollutants, a rate of emission that would equal or exceed any of the rates listed in Table 2 of 20.11.61.27 NMAC; 

YY. “Significant” means: 

(1) in reference to a net emissions increase or the 

potential of a source to emit [air pollutants] 

any of the pollutants listed in Table 2 of 

20.11.61.27 NMAC, a rate of [emission] 

emissions that would equal or exceed any of 

the corresponding emission rates listed in 

Table 2 of 20.11.61.27 NMAC; 

(2) in reference to a net emissions increase or the 

potential of a source to emit a regulated new source review pollutant that Paragraph (1) of Subsection YY of 20.11.61.7 NMAC, does not list any emissions rate; and 

(3) notwithstanding Paragraph (1) of Subsection 

YY of 20.11.61.7 NMAC, any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within 10 kilometers of a class I area, and have an impact on such area equal to or greater than 1 ug/m3 (24-hour average).

The definition of “signifCFR 51.166(b)(23). The substantively revise the be consistent with federathe definition of significimplement the significan

precursor for ozone cons2008 8-hour ozone NAAThis revision is approvab

DDD. “Volatile organic compound (VOC)”means any organic compound which participates in atmospheric photochemical reactions; that is, any, organic compound other than those which the administrator designates as having negligible photochemical reactivity. 

DDD. “Volatile organic compound (VOC)”means any [organic] compound of carbon, 

excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, or carbonates, and ammonium carbonate, which participates in 

atmospheric photochemical reactions; [that is, any,] 

this includes any such organic compound other than 

those which the administrator designates as having 

The definition of “VOC” 51.166(b)(16). The Augusubstantively revise the VOC to be consistent wiFurther, the appropriate necessary to adequately 2008 8-hour ozone stand

are both precursors. 
76 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

negligible photochemical reactivity under 40 CFR 51.100(s). This revision is approvab

20.11.61.11 APPLICABILITY: A. The requirements of 20.11.61 NMAC apply to the construction of any new major stationary source or any project at an existing major stationary source in an area designated as attainment or unclassifiable. B. The requirements of Sections 20.1 1.61.12 NMAC through 20.11.61.18 NMAC, 20.11.61.21 NMAC and 20.1 1.6 1.24 NMAC apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as 20.11.61 NMAC otherwise provides. C. No new major stationary source or major modification to which the requirements of Subsections A,B, C and D of20.11.61.12NMAC, Sections20.11.61.13NMAC through20.11.61.18 NMAC, 20.11.61.21 NMAC and 20.1 1.6 1.24 NMAC apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet those requirements. D. Applicability procedures. 

(1) Except as otherwise provided in Subsections E and F of 20.11.61.1 1 NMAC, 

and consistent with the definition of major modification, a project is a major modification for a 

20.11.61.11 APPLICABILITY: A. No Change B. No Change C. No Change D. Applicability procedures. 

(1) Except as otherwise provided in Subsections E and F of 20.11.61.1 1 NMAC, 

and consistent with the definition of major modification, a project is a major modification for a regulated new source review pollutant if it causes a significant emissions increase and a significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase. (2) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being modified, according to Paragraphs (3) through (4) of Subsection D of 20.1 1.61.11 NMAC. The procedure for calculating (before beginning actual construction) whether a significant net 

In a separate rulemaking 29, 2011, EPA approved revisions to adopt and imTailoring Rule provision20.11.61.11 NMAC to creferences in the PSD prnew definitions added foThis action had the uninapproval to the August 2Applicability section at 2

(5). In this TSD we are erevisions to 20.11.61.11these revisions to the PSconsistent with the requiprojects that involve muunits” at 40 CFR 51.166The substantive August applicability provisions that involve multiple typapprovable. Note that when EPA finaapproval of the August 220.11.61.11 NMAC, the at 52.1620(c) will contin20.11.61.11 NMAC is apJanuary 10, 2011 submit
77 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

regulated new source review pollutant if it causes a significant emissions increase and a significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase. (2) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being modified, according to Paragraphs (3) through (4) of Subsection D of 20.1 1.61.11 NMAC. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the definition in Subsection 00 of 20.11.61.7 NMAC. 

Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase. (3) Actual-to-projected-actual applicability test for projects that involve existing emissions units. A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals or 

emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the definition in Subsection 00 of 20.11.61.7 NMAC. 

Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase. (3) Actual-to-projected-actual applicability test for projects that only

involve existing emissions units. A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals or exceeds the significant amount for that pollutant.(4) Actual-to-potential test for projects that only involve construction of a new 

emissions unit(s). A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant.(5) Hybrid test for projects that involve 

multiple types of emissions units. A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the emissions increases 
78 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

exceeds the significant amount for that pollutant. (4) Actual-to-potential test for projects that involve construction of a new emissions unit(s). A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant. 

E. For any major stationary source for a PAL for a regulated new source review pollutant, the major stationary source shall comply with requirements under 20.1 1.61.20 NMAC. 

for each emissions unit, using the method 

specified in Paragraphs (3) and (4) of Subsection D of 20.11.61.11 NMAC as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant.

E. No Change 

20.11.61.12 OBLIGATIONS OF OWNERS OR OPERATORS OF SOURCES: A. Any owner or operator who begins actual construction or operates a source or modification without, or not in accordance with, a permit issued under the requirements of 20.1 1.61 NMAC shall be subject to enforcement action.B. The issuance of a permit does not relieve any person from the responsibility of complying with the provisions of the Air Quality Control Act, Sections 74-2-1 to 74-2-17, NMSA 1978; any applicable regulations of the board; and any other requirements under local, state, or federal law. C. Approval to construct shall become invalid if 

(1) construction is not commenced within 18 months after receipt of such approval,  (2) if construction is discontinued for a period of 18 months or more, or 

20.11.61.12 OBLIGATIONS OF OWNERS OR OPERATORS OF SOURCES: A. No change

B. [The issuance of a permit does] Approval to 

construct shall not relieve any person from the 

responsibility [of complying] to comply fully with 

the provisions of the Air Quality Control Act, Sections 74-2-1 to 74-2-17, NMSA 1978; any applicable regulations of the board; and any other requirements under local, state, or federal law. C. Approval to construct shall become invalid if  [(1)] construction is not commenced within 18 

months after receipt of such approval,  [(2)] if construction is discontinued for a period of 18 months or more, or  [(3)] if construction is not completed with a reasonable time; [For a phased construction project, 

each phase must commence construction within 18 

In a separate rulemaking 29, 2011, EPA approved revisions to adopt and imTailoring Rule provision20.11.61.12 NMAC to creferences in the PSD prnew definitions added foThis action had the uninapproval to the August 2Applicability section at 2and (E). In this TSD we 2010 revisions to 20.11.and find these revisions “reasonable possibility” owners or operators of P51.166(r)(6)(vi). The substantive August 
79 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

(3) if construction is not completed with a reasonable time; For a phased construction project, each phase must commence construction within 18 months of the projected and approved commencement date. The director may extend the 18-month period upon a satisfactory showing that an extension is justified. 

D. If a source or modification becomes a major stationary source or major modification solely due to a relaxation in any enforceable limitation which limitation was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then 20.11.61 NMAC shall apply to the source or modification as though construction had not yet commenced.E. The following specific provisions apply to projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where the owner or operator elects to sue the method specified in Paragraphs (1) through (3) of Subsection UU of 20.11.61.7 NMAC for calculating projected actual emissions. 

(1) Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information: 

(a) a description of the project; 

(b) identification of the emissions 

unit(s) whose emissions of a regulated new source review pollutant could be affected by the project; and 

months of the projected and approved 

commencement date.] the [director] administrator

may extend the 18-month period upon a satisfactory showing that an extension is justified; this provision does not apply to the time period 

between construction of the approved phases of a phased construction project; each phase must commence construction within 18 months of the projected and approved commencement date.

D. [If a] At such time that a particular source or 

modification becomes a major stationary source or major modification solely [due to] by virtue of a 

relaxation in any enforceable limitation which [limitation] was established after August 7, 1980, 

on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then 20.11.61 NMAC shall apply to the source or modification as though construction had not yet commenced on the source 

or modification. 

E. Except as otherwise provided in Subparagraph 

(b) of Paragraph (6) of Subsection E of 20.11.61.12 NMAC the following specific provisions apply [to] 

with respect to any regulated new source review 

pollutant emitted from projects at existing 

emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where there is a reasonable 

possibility within the meaning of Paragraph (6) of Subsection E of 20.11.61.12 NMAC that a project that is not a part of a major modification may result in a significant emissions increase of such pollutant and the owner or operator elects to use the method 

specified in Paragraphs (1) through (3) of Subsection UU of 20.11.61.7 NMAC for 

obligations of owners anare approvable. Note that when EPA finaapproval of the August 220.11.61.12 NMAC, the at 52.1620(c) will contin20.11.61.12 NMAC is apJanuary 10, 2011 submit
80 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

(c) a description of the applicability 

test used to determine that the project is not a major modification for any regulated new source review pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under Paragraph (3) of Subsection W of 

20.1 1.61.7 NMAC and an explanation for why such amount was excluded, and any netting calculations, if applicable. 

(2) If the emissions unit an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in Paragraph (1) of Subsection E of 20.11.61.12 NMAC to the department. Nothing in this Paragraph (2) of Subsection E of 20.11.61.12 NMAC shall be construed to require the owner or operator of such a unit to obtain any determination from the department; however, necessary preconstruction approvals and/or permits must be obtained before beginning actual construction. (3) The owner or operator shall monitor the emissions of any regulated new source review pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in Subparagraph (b) of Paragraph (1) of Subsection E of 20.11.61.12 NMAC; and 

calculating projected actual emissions. 

(1) Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information: 

(a) a description of the project; 

(b) identification of the 

emissions unit(s) whose emissions of a regulated new source review pollutant could be affected by the project; and 

(c) a description of the 

applicability test used to determine that the project is not a major modification for any regulated new source review pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under Paragraph (3) of Subsection 

W of 20.1 1.61.7 NMAC and 

an explanation for why such amount was excluded, and any netting calculations, if applicable. 

(2) If the emissions unit an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in Paragraph (1) of Subsection E of 20.11.61.12 NMAC to the department. Nothing in [this] Paragraph 
81 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated new source review pollutant at such emissions unit. (4) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end of each year during which records must be generated under Subparagraph (c) of Paragraph (1) of Subsection E of 

20.11.61.12 NMAC setting out the unit's annual emissions during the calendar year that preceded submission of the report. (5) If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified in Paragraph (1) of Subsection E of 20.1 1.6 1.12 NMAC, exceed the baseline actual emissions (as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of Subsection E of 20.1 

1.61.12 NMAC) by a significant amount for that regulated new source review pollutant, and if such emissions differ from the preconstruction projection as 

(2) of Subsection E of 20.11.61.12 NMAC shall be construed to require the owner or operator of such a unit to obtain any determination from the department before 

beginning actual construction; however, 

necessary preconstruction approvals and/or permits must be obtained before beginning actual construction. (3) The owner or operator shall monitor the emissions of any regulated new source review pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in Subparagraph (b) of Paragraph (1) of Subsection E of 20.11.61.12 NMAC; and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated new source review pollutant at such emissions unit. For purposes of Paragraph (3) of 

Subsection E of 20.11.61.12 NMAC, fugitive emissions (to the extent quantifiable) shall be monitored if the emissions unit is part of one of the source categories listed in Table 1 of 20.11.61.26 NMAC or is the emissions unit is located at a major stationary source that belongs to one of the listed source categories.

(4) No Change 
82 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of Subsection E of 20.11.61.12 NMAC. Such report shall be submitted to the department within 60 days after the end of such year. The report shall contain the following: (a) the name, address and telephone 

number of the major stationary source; 

(b) the annual emissions as calculated 

pursuant to Paragraph (3) of Subsection E of 20.1 1.6 1.12 NMAC; 

(c) and any other information that the 

owner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection). 

(F) The owner or operator of the source shall make the information required to be documented and maintained pursuant to Subsection E of 20.1 1.61.12 NMAC available for review upon request for inspection by the department or the general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii). 

(5) No Change  (6) A “reasonable possibility” under 

Subsection E of 20.11.61.12 NMAC occurs when the owner or operator calculates the project to result in either:

(a) a projected actual emissions 

increase of at least 50 percent of the amount that is a “significant emissions increase,” as defined under Subsection ZZ of 20.11.61.7 NMAC (without reference to the amount that is a significant net emissions increase), for the regulated new source review pollutant; or

(b) a projected actual emissions 

increase that, added to the amount of emissions excluded under Paragraph (3) of Subsection UU of 20.11.61.7 NMAC, sums to at least 50 percent of the amount that is a “significant emissions increase,” as defined under Subsection ZZ of 20.11.61.7 NMAC (without reference to the amount that is a significant net emissions increase), for the regulated new source review pollutant; for a project for which a reasonable possibility occurs only within the meaning of Subparagraph (b) of Paragraph (6) of Subsection E of 20.11.61.12 NMAC, and not also within the meaning of 
83 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

Subparagraph (a) of Paragraph (6) of Subsection E of 20.11.61.12 NMAC, then provisions of Paragraphs (2) through (5) of Subsection E of 20.11.61.12 NMAC do not apply to the project.

(F) No Change 

20.11.61.14 CONTROL TECHNOLOGY REQUIREMENTS: A. A new major stationary source shall apply best available control technology for each regulated new source review pollutant that it would have the potential to emit in amounts equal to or greater than the significance levels as listed in Table 2 of 20.1 1.6 1.27 NMAC. This requirement applies to each proposed emissions unit or operation that will emit such pollutant.B. A major modification shall apply best available control technology for each regulated new source review pollutant at the source when a significant net emissions increase occurs. This requirement applies to each proposed emissions unit or operation where a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit. C. For phased construction projects, the determination of best available control technology shall be reviewed and modified as appropriate at the latest reasonable time but no later than 18 months prior to commencement of construction of each independent phase of the project. At such time, the owner or operator of the applicable 

20.11.61.14 CONTROL TECHNOLOGY [REQUIREMENTS] REVIEW AND 

INNOVATIVE CONTROL TECHNOLOGY: 

A. No Change B. No Change C. No ChangeD. Innovative control technology. The 

department may approve a system of innovative control technology for the major stationary source or major modification if: 

(1) the proposed control system would not 

cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; and 

(2) the owner or operator agrees to achieve a 

level of continuous emissions reduction equivalent to that which would have been required under [best available control 

technology] Subsection A of 20.11.61.14 NMAC by a date specified by the department. Such date shall not be later than four years from the time of startup or seven years from permit issuance; and 

(3) the source or modification would meet the 

requirements [of] equivalent to

20.11.61.14 NMAC and 20.11.61.15 

Federal PSD requiremenTechnologies are at 40 C2010 revisions to 20.11.consistent with the feder51.166(s) and are therefo
84 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

stationary source may be required to demonstrate the adequacy of any previous determination of best available control technology for the source. D. The department may approve a system of innovative control technology for the major stationary source or major modification if:

 (1) the proposed control system would not 

cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; and 

 (2) the owner or operator agrees to achieve a 

level of continuous emissions reduction equivalent to that which would have been required under best available control technology by a date specified by the department. Such date shall not be later than four years from the time of startup or 

seven years from permit issuance; and 

 (3) the source or modification would meet the 

requirements of 20.11.61.14 NMAC and 20.11.61.15 NMAC based on the emission rate that the system of innovative control technology would be required to meet on the date specified by the department; and 

 (4) during the interim period of achieving the 

permitted emission level, the source of modification would not: (a) cause or contribute to a violation of 

an applicable national ambient air quality standard; nor 

(b) impact any federal class I area; nor (c) impact any area where an applicable 

increment is known to be violated; and 

(d) all other applicable requirements 

NMAC based on the [emission] emissions 

rate that the stationary source employing 

the system of innovative control 

technology would be required to meet on the date specified by the department; and 

 (4) during the interim period of achieving the 

permitted emission level, the source of modification would not: (a) cause or contribute to a violation of 

an applicable national ambient air quality standard; nor 

(b) impact any federal class I area; nor (c) impact any area where an applicable 

increment is known to be violated; and 

[(d)](5) all other applicable requirements 

including those for public participation have been met. 

E. No Change F. If a source or modification fails to meet the required level of continuous emission reduction within the specified time period or the approval is withdrawn in accordance with Subsection E of 20.11.61.14 NMAC, the department may allow the source or modification up to an additional three years to meet the requirement for the application of best available control technology [This shall be 

accomplished] through use of a demonstrated 

system of control. G. No Change [H. For cases where PM10 emissions cannot be 

quantified, the best available control technology limitation may be defined in terms of particulate matter emissions.] 
85 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

including those for public participation have been met. 

E. The department shall withdraw any approval to employ a system of innovative control technology if: 

(1) the proposed system fails by the specified 

date to achieve the required continuous emissions reduction rate; or 

(2) the proposed system fails before the 

specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or 

(3) the department decides at any time that the 

proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.

F. If a source or modification fails to meet the required level of continuous emission reduction within the specified time period or the approval is withdrawn in accordance with Subsection E of 20.11.61.14 NMAC, the department may allow the source or modification up to an additional three years to meet the requirement for the application of best available control technology. This shall be accomplished through use of a demonstrated system of control. G. If the owner or operator of a major stationary source or major modification previously issued a permit under 20.11.61 NMAC applies for an extension, and the new proposed date of construction is greater than 18 months from the date the permit would become invalid, the determination of best available control technology shall be reviewed and modified as appropriate before such an extension is granted. At such time, 
86 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best available technology for the source. 

H. For cases where PM10 emissions cannot be 

quantified, the best available control technology limitation may be defined in terms of particulate matter emissions. 

20.11.61.15 AMBIENT IMPACT REQUIREMENTS: A. The requirements of 20.11.61.15 NMAC shall apply to each pollutant emitted by a new major stationary source or major modification in amounts equal to or greater than that in Table 2 of 20.11.61.27 NMAC. For particulate matter, the source will only be required to perform ambient impact analysis for PM10 when the source has the 

potential to emit significant amounts of PM10 as 

determined from Table 2 of 20.11.61.27 NMAC. B. The allowable emission increases from the proposed source or modification, including secondary emissions, in conjunction with all other applicable emissions increases or reductions, (including secondary emissions), shall not cause or contribute to air pollution in violation of: 

(1) any national ambient air quality standard in 

any location; or 

 (2) any applicable maximum allowable 

increase (as shown in Table 4 of 20.11.61.29 NMAC) over the baseline concentrations in any area. 

C. The owner or operator of the proposed major stationary source or major modification shall demonstrate that neither a violation of Paragraph (1) or Paragraph (2) of Subsection B of 20.1 1.6 

20.11.61.15 AMBIENT IMPACT REQUIREMENTS: A. No ChangeB. Source impact analysis. The owner or 

operator of the proposed source or modification shall demonstrate that the allowable emission 

increases from the proposed source or modification, [including secondary emissions], in conjunction 

with all other applicable emissions increases or reductions, (including secondary emissions), [shall] 

would not cause or contribute to air pollution in 

violation of: 

(1) any national ambient air quality standard in 

any [location] air quality control region; or 

(2) any applicable maximum allowable 

increase (as shown in Table 4 of 20.11.61.29 NMAC) over the baseline concentrations in any area. 

C. No Change 

Federal ambient impact impact analysis are at 40 August 2010 revisions nthe SIP-approved source requirements by adding readability. These revisifederal requirements. These revisions are appr
87 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

1.15 NMAC will occur. 20.11.61.16 ADDITIONAL IMPACT REQUIREMENTS: A. The owner or operator of the proposed major stationary source or major modification shall provide an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial, and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value. The analysis can use data or information available from the department. B. The owner or operator shall also provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the source or modification. 

20.11.61.16 ADDITIONAL IMPACT [REQUIREMENTS] ANALYSIS: 

A. No Change B. No ChangeC. The department may require monitoring of 

visibility in any federal class I area where the department determines that an adverse impact on visibility may occur due primarily to the operations of the proposed new source or modification. Such monitoring shall be conducted following procedures approved by the department and subject to the following:

(1) visibility monitoring methods specified by 

the department shall be reasonably available and not require any research and development; and 

(2) the cost of visibility monitoring required by 

the department shall not exceed 50 percent of the cost of ambient monitoring required by 20.11.61 NMAC; if ambient monitoring is not required, the cost shall be estimated as if it were required for each pollutant to which 20.11.61 NMAC applies;

(3) both preconstruction and post construction 

visibility monitoring may be required; in each case, the duration of such monitoring shall not exceed one year.

The “new” visibility mo20.11.61.16(C)(1)-(3) wapproved by EPA at 20.2010 revision deletes the and moves them in their 20.11.61.16(C). These revisions are apprconsistency with prior S

20.11.61.17 AMBIENT AIR QUALITY 

MODELING: All estimates of ambient concentrations required by 20.11.61 NMAC shall be based on applicable air quality models, data bases, and other requirements as specified in Appendix W to 40 CFR Part 51, its revisions, or 

20.11.61.17 AMBIENT AIR QUALITY 

MODELING: All estimates of ambient concentrations required by 20.11.61 NMAC shall be based on applicable air quality models, data bases, and other requirements as specified in Appendix W to 40 CFR Part 51, its revisions, or 

PSD requirements for aiCFR 51.166(l). The Augsubstantively revise the and are consistent with t51.166(l). 
88 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

any superseding EPA document, and approved by the department. Where an air quality impact model is specified in the Appendix W to 40 CFR Part 51, is inappropriate, the model may be modified or another model substituted. Any substitution or modification of a model must be approved by the department. Notification shall be given by the department of such a substitution or modification and the opportunity for public comment provided for in fulfilling the public notice requirements in Subsection B of 20.11.61.21 NMAC. The department will seek EPA approval of such substitutions or modification 

any superseding EPA document, and approved by the department. Where an air quality [impact] 

model is specified in the Appendix W to 40 CFR Part 51, Guideline on Air Quality Models, is 

inappropriate, the model may be modified or another model substituted. Any substitution or modification of a model must be approved by the department. Notification shall be given by the department of such a substitution or modification and the opportunity for public comment provided for in fulfilling the public notice requirements in Subsection B of 20.11.61.21 NMAC. The department will seek EPA approval of such substitutions or modifications.

These revisions are appr

20.11.61.18 MONITORING REQUREMENTS:A. Any application for a permit under 20.11.61 NMAC shall contain an analysis of ambient air quality. Air quality data can be that measured by the applicant or that available from a government agency in the area affected by the major stationary source or major modification. The analysis shall contain the following:  (1) for a major stationary source, each pollutant for which the potential to emit is equal to or greater than the significant emission rates as listed in Table 2 of 20.11.61.27 NMAC; or  (2) for a major modification, each pollutant that would result in a significant net emission increase. B. If no national ambient air quality standard for a pollutant exists, and there is an acceptable method for monitoring that pollutant, the analysis shall contain such air quality monitoring data as the department determines is necessary to assess 

20.11.61.18 MONITORING REQUREMENTSAIR QUALITY ANALYSIS: 

A. Preapplication analysis. Any application for 

a permit under 20.11.61 NMAC shall contain an analysis of ambient air quality [Air quality data can 

be that measured by the applicant or that available from a government agency in the area affected by the major stationary source or major modification. The analysis shall contain the following:] in the area that the major stationary source or major modification would affect for each of the following pollutants:

 (1) for a major stationary source, each pollutant for which the potential to emit is equal to or greater than the significant emission rates as listed in Table 2 of 20.11.61.27 NMAC; or  (2) for a major modification, each pollutant that would result in a significant net emission increase. B. If no national ambient air quality standard for a 

Note that previously SIP20.11.61.18(E) has been 20.11.61.16(C). Preapplication analysis, monitoring, and operatiorequired at 40 CFR 51.1The revisions to 20.11.6consistent with the requi51.166(m)(1)(i)(a) and (The revisions to 20.11.6the requirements at 40 CThe revisions to 20.11.6the requirements at 40 CThe revisions to 20.11.6the requirements at 40 CThe revisions to 20.11.6the requirements at 40 CThe revisions at 20.11.6
89 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

ambient air quality for that pollutant. C. Continuous air quality monitoring data shall be required for all pollutant for which a national ambient air quality standard exists.D. Ozone monitoring shall be performed if monitoring data is required for volatile organic compounds or oxides of nitrogen. Post construction ozone monitoring data may be submitted in lieu of providing preconstruction data as required under Subsection C of 20.11.61.18 NMAC is the owner or operator of the proposed major source or major modification satisfies all the provisions of 40 CFR Part 51, Appendix S, Section IV. E. The department may require monitoring of visibility in any federal class I area where the department determines that an adverse impact on visibility may occur due primarily to the operations of the proposed new source or modification. Such monitoring shall be conducted following procedures approved by the department and subject to the following:  (1) visibility monitoring methods specified by the department shall be reasonably available and not require any research and development and  (2) the cost of visibility monitoring required by the department shall not exceed 50 percent of the cost of ambient monitoring required by 20.11.61 NMAC. If ambient monitoring is not required, the cost shall be estimated as if it were required for each pollutant to which 20.11.61 NMAC applies.  (3) both preconstruction and post construction visibility monitoring may be required. 

pollutant exists, and there is an acceptable method for monitoring that pollutant, the analysis shall contain such air quality monitoring data as the department determines is necessary to assess ambient air quality for that pollutant in any area 

that the emissions of that pollutant would affect. 

C. [Continuous air quality monitoring data shall 

be required for all pollutant for which a national ambient air quality standard exists.] For pollutants (other than nonmethane hydrocarbons) for which a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.

D. Ozone monitoring shall be performed if monitoring data is required for volatile organic compounds or oxides of nitrogen. [Post 

construction ozone monitoring data may be submitted in lieu of providing preconstruction data as required under Subsection C of 20.11.61.18 NMAC is the owner or operator of the proposed major source or major modification satisfies all the provisions of 40 CFR Part 51, Appendix S, Section IV.] The owner or operator of a proposed major stationary source or major modification of volatile organic compounds who satisfies all conditions of 40 CFR Part 51 Appendix S, Section IV may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under 20.11.61.18 NMAC.

E. [The department may require monitoring of 

visibility in any federal class I area where the department determines that an adverse impact on visibility may occur due primarily to the operations 

references and are consiat 40 CFR 51.166(m)(3)The revisions at 20.11.6the requirements at 40 CThese revisions are appr
90 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

In each case, the duration of such monitoring shall not exceed on year. 

F. The owner or operator of a major stationary 

source or major modification shall, conduct post construction ambient monitoring as the department is necessary to validate attainment of ambient air quality standard and to assure that increments are not exceeded G. The owner or operator of a major stationary source or major modification shall meet the requirements of 40 CFR 58, Appendix B during the operation of monitoring stations for purposes of satisfying the requirements of this 20.11.61 NMAC. H. The department has the discretion to exempt a stationary source or modification from the requirements of 20.11.61.18 NMAC with respect to monitoring for a particular pollutant if the emissions of the pollutant from the new source or the net emissions increase of the pollutant from the modification would cause, in any area, increases in ambient concentrations less than the levels listed in Table 3 of 20.111.61.28 NMAC. I. The department shall exempt a stationary source or modification from the requirements of 20.1 1.61.18 NMAC with respect to preconstruction monitoring for a particular pollutant if: 

(1) for ozone, volatile organic compound 

emissions and oxides of nitrogen are less than 100 tons per year; or 

(2) the air pollutant is not a regulated new 

source review pollutant; or 

(3) the existing ambient concentrations of the 

pollutant in the area affected by the source 

of the proposed new source or modification. Such 

monitoring shall be conducted following procedures approved by the department and subject to the following:

(1) visibility monitoring methods 

specified by the department shall be reasonably available and not require any research and development and 

(2) the cost of visibility monitoring 

required by the department shall not exceed 50 percent of the cost of ambient monitoring required by 20.11.61 NMAC. If ambient monitoring is not required, the cost shall be estimated as if it were required for each pollutant to which 20.11.61 NMAC applies.

(3) both preconstruction and post 

construction visibility monitoring may be required. In each case, the duration of such monitoring shall not exceed on year] Reserved.

F. Post-construction monitoring. The owner or 

operator of a major stationary source or major modification shall, after construction of the 

stationary source or modification, conduct [post construction] such ambient monitoring as the 

department is necessary [to validate attainment of 

ambient air quality standard and to assure that increments are not exceeded.] to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in any area, including monitoring to validate attainment of ambient air quality standards and to assure that increments are not exceeded.

G. Operation of monitoring stations. The 

owner or operator of a major stationary source or major modification shall meet the requirements of 
91 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

or modification are less than the concentrations listed in Table 3 of 20.1 1.61.28 NMAC. 

40 CFR 58, Appendix B during the operation of monitoring stations for purposes of satisfying the requirements of [this 20.11.61 NMAC] 20.11.61.18 

NMAC. H. The department has the discretion to exempt a stationary source or modification from the requirements of 20.11.61.18 NMAC with respect to monitoring for a particular pollutant if the emissions increase of the pollutant from the new 

source or the net emissions increase of the pollutant from the modification would cause, in any area, increases in ambient concentrations less than the levels listed in Table 3 of 20.111.61.28 NMAC.I. No Change

20.11.61.19 TEMPORARY SOURCE EXEMPTIONS: The requirements of 20.11.61.16 NMAC and 20.11.61.18 NMAC shall not apply to a temporary source subject to 20.11.61 NMAC for a given pollutant, if the allowable emissions of such pollutant would not impact any federal class I area or any areas where an applicable increments is violated; and would be temporary. 

20.11.61.19 TEMPORARY SOURCE EXEMPTIONS: The requirements of Subsections B of 20.11.61.15 NMAC, 20.11.61.16 

NMAC and 20.11.61.18 NMAC shall not apply to a [temporary] major source or modification [subject 

to 20.11.61 NMAC for a given] with respect to a particular pollutant, if the allowable emissions of 

[such] that pollutant from the source, or the net 

emissions increase of that pollutant from the modification: would not impact any federal class I 

area or any areas where an applicable increments is known to be violated; and would be temporary. 

Temporary source exemCFR 51.166(i)(3). The ASIP-approved exemption federal requirements. This revision is approvab

20.11.61.20 ACTUALS PLANTWIDE APPLIBILITY LIMITS (PALs) A. Applicability.

 (1) The department may approve the use of an accruals PAL for any existing major stationary source if the PAL meets the requirements of 20.11.61.20 NMAC. The term “PAL” shall mean “actuals PAL” throughout 20.11.61.20 

20.11.61.20 ACTUALS PLANTWIDE APPLIBILITY LIMITS (PALs) A. Applicability. (1) No Change (2) Any physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements of 

In a separate rulemaking 29, 2011, EPA approved revisions to adopt and imTailoring Rule provision20.11.61.20 NMAC to creferences in the PSD prnew definitions added foThis action had the unin
92 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

NMAC.  (2) Any physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements of 20.11.61.20 NMAC, and complies with the PAL permit: 

(a) is not a major modification for the PAL 

pollutant: 

 (b) does not have to be approved through the 

requirements of 20.11.61 NMAC; and 

(c ) is not subject to the provisions in 

Subsection D of 20.11.61.12 NMAC (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the major new source review program). 

(3) Except as provided under Subparagraph (c) of Paragraph (1) of Subsection A of 20.11.61.20 NMAC, a major stationary source shall continue to comply with all applicable federal or state requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL. 

20.11.61.20 NMAC, and complies with the PAL permit: 

 (a) No Change (b) does not have to be approved through the [requirements of 20.11.61 NMAC] 

plan’s major NSR program; and 

(c ) No Change 

(3) Except as provided under Subparagraph (c) of Paragraph [(1)] (2) of Subsection A of 20.11.61.20 

NMAC, a major stationary source shall continue to comply with all applicable federal or state requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL. 

approval to the August 2Applicability section at 2The August 2010 revisiodo not substantively reviPAL provisions (adopted December 2005). These consistency with the PA51.166(w)(1). These revisions are appr

20.11.61.20 ACTUALS PLANTWIDE APPLIBILITY LIMITS (PALs) H. PAL Effective Period and Reopening of the PAL Permit (1) PAL Effective Period. The PAL effective period shall be ten years. 

20.11.61.20 ACTUALS PLANTWIDE APPLIBILITY LIMITS (PALs) H. PAL Effective Period and Reopening of the PAL Permit (1) PAL Effective Period. The PAL effective period shall be 10 ten years. 

In a separate rulemaking 29, 2011, EPA approved revisions to adopt and imTailoring Rule provision20.11.61.20 NMAC to creferences in the PSD prnew definitions added foThis action had the uninapproval to the August 2
93 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

Effective Period section 20.11.61.20(H). The August 2010 revisioperiod are non-substantinumeral. These revisionthe PAL provisions at 40 These revisions are appr

20.11.61.21 PUBLIC PARTICIPATION AND NOTIFICATION:A. The department shall, within 30 days after receipt of an application, review such application and determine whether it is administratively complete or there is any deficiency in the application or information submitted. To be deemed administratively complete, the application must meet the requirements of 20.1 1.61.13 NMAC in addition to the requirements of 20.1 1.4 1 NMAC. If the application is deemed: 

(1) administratively complete, a letter to that 

effect shall be sent by certified mail to the applicant; 

(2) administratively incomplete, a letter shall 

be sent by certified mail to the applicant stating what additional information or points of clarification are necessary to deem the application administratively complete; upon receipt of the additional information or clarification, the department shall promptly review such information and determine whether the application is administratively complete; 

(3) adrninistratively complete but no permit is 

required, a letter shall be sent by certified 

20.11.61.21 PUBLIC PARTICIPATION AND NOTIFICATION:A. No Change B. No Change C. Within one year after receipt of a complete 

application, the department shall:

(1) Make a preliminary determination whether construction should be approved, approved with conditions, or disapproved. (2) Make available at the department district and local office nearest to the proposed source a copy of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination. (3) Notify the public by advertisement in a newspaper of general circulation in the area in which the proposed source would be constructed 

(a) of the application; (b) the preliminary determination; (c) the degree of increment consumption that is expected from the source or modification; and (d) of the opportunity for comment at a 

Public participation and permitting is required at revisions to 20.11.61.21substantive revisions to mfederal requirements. These revisions are appr
94 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

mail to the applicant informing the applicant of the determination. 

B. For purposes of determining minor source baseline date pursuant to 40 CFR 51: 

(1) an application is complete when it contains 

all the information necessary for processing the application; designating an application complete for purposes of 40 CFR 5 1 does not preclude the department 

from requesting or accepting any additional information; and 

(2) in the event that additional information is 

submitted to remedy any deficiency in the application or information submitted, the date of receipt of the application shall be the date on which the department received all required information. 

C. The department shall:

(1) Make a preliminary determination whether 

construction should be approved, approved with conditions, or disapproved. 

(2) Make available at the department district 

and local office nearest to the proposed source a copy of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination. 

(3) Notify the public by advertisement in a 

newspaper of general circulation in the area in which the proposed source would be constructed (a) of the application; (b) the preliminary determination; (c) the degree of increment consumption 

public hearing as well as written public comment; the public comment period shall be for 30 days from the date of such advertisement. 

(4) Send a copy of the notice of public comment to: 

(a) the applicant; (b) the administrator; and (c) officials and agencies having jurisdiction over the location where the proposed construction would occur as follows: [to include] any other state or 

local air pollution control agencies; the chief executives of the city and county where the source would be located; any comprehensive regional land use planning agency; and any state, federal land manager, or Indian governing body whose lands may be affected by emissions from the source or modification. 

(5) Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air quality impact of the source, alternatives to it, the control 

technology required, and other appropriate 

considerations. (6) Consider all written comments submitted within a time specified in the notice of public comment and all comments received at any public hearing(s) in making a final decision on the approvability of the application. The department shall make all comments available for public inspection in the same locations where the department made available preconstruction information relating to the 
95 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

that is expected from the source or modification; and 

(d) of the opportunity for comment at a 

public hearing as well as written public comment; the public comment period shall be for 30 days from the date of such advertisement. 

(4) Send a copy of the notice of public 

comment to: 

(a) the applicant; (b) the administrator; and  (c) officials and agencies having 

jurisdiction over the location where the proposed construction would occur as follows: to include any other state or local air pollution control agencies; the chief executives of the city and county where the source would be located; any comprehensive regional land use planning agency; and any state, federal land manager, or Indian governing body whose lands may be affected by emissions from the source 

or modification. 

(5) Provide opportunity for a public hearing for 

interested persons to appear and submit written or oral comments on the air quality impact of the source, and other appropriate considerations. 

(6) Consider all written comments submitted 

within a time specified in the notice of public comment and all comments received at any public hearing(s) in making a final decision on the 

proposed source or modification. 

(7) No Change 
96 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

approvability of the application. The department shall make all comments available for public inspection in the same locations where the department made available preconstruction information relating to the source. 

(7) Within 180 days after an application is 

deemed administratively complete, unless the director grants an extension not to exceed 90 days for good cause: (a) make a final determination of whether 

construction should be approved, approved with conditions, or disapproved; and 

(b) notify the applicant in writing of the 

final determination and make such notification available for public inspection at the same location where the department made available preconstruction information and public comments relating to the source. 

20.11.61.23 EXCLUSIONS FROM 

INCREMENT CONSUMPTION: Following a public hearing, the director may exclude the following concentrations in determining compliance with a maximum allowable increase: A. Concentrations due to the increase in emissions from stationary sources, over the emissions from such sources before the effective date of an order: under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation). Sources must have 

20.11.61.23 EXCLUSIONS FROM INCREMENT CONSUMPTION: A. Following a public hearing, the director may 

exclude the following concentrations in determining compliance with a maximum allowable increase: 

[A.] (1) concentrations [due] attributable

to the increase in emissions from stationary sources which have converted 

from the use of petroleum products, natural gas, or both by reason of an order in effect under Section 2 (a) and (b) of the 

Exclusions from incremeprovided at 40 CFR 51.1The new provisions at 20consistent with provision51.166(f)(1)(i). The new provisions at 20consistent with provision51.166(f)(1)(ii). The non-substantive revare consistent with provi51.166(f)(1)(iii). 
97 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

converted from the use of petroleum products, natural gas, or both by reason of such order. This exclusion shall not apply more than five years after the effective date of such an order; or B. Concentrations due to the increase in emissions from sources, over the emissions from such sources before the effective date of a plan; in effect pursuant to the federal Power Act. Sources must have converted from using natural gas by reason of a natural gas curtailment plan. This exclusion shall not apply more than five years after the effective date of such a plan; or C. Concentrations of particular matter due to the increase in emissions from construction or other temporary emission-related activities of new or modified sources; or D. The increase in concentrations due to new sources outside the United States over the concentrations attributed to existing sources which are included in the baseline concentrations. 

Energy Supply and Environmental 

Coordination Act of 1974 (or any superseding legislation), over the 

emissions from such sources before the effective date of such an order: [under 

Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation). Sources must have converted from the sue of petroleum products, natural gas, or both by reason of such order. This exclusion shall not apply more than five years after the effective date of such an order; or] 

[B.] (2) concentrations [due] attributable

to the increase in emissions from sources which have converted from using natural 

gas by reason of natural gas curtailment plan in effect pursuant to the Federal Power Act, over the emissions from such 

sources before the effective date of [a] 

such plan; [in effect pursuant to the federal 

Power Act. Sources must have converted from using natural gas by reason of a natural gas curtailment plan. This exclusion shall not apply more than five years after the effective date of such a plan; or] 

[C.] (3) concentrations of particular matter 

[due] attributable to the increase in 

emissions from construction or other temporary emission-related activities of new or modified sources; [or] 

[D.] (4) the increase in concentrations 

[due] attributable to new sources outside 

The non-substantive revare consistent with provi51.166(f)(1)(iv). The new provisions at 20consistent with provision51.166(f)(1)(v). The new provisions at 20consistent with provisionThe new provisions at 20consistent with provisionand (4). These revisions are nececonsistency with the fedThese revisions are appr
98 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

the United States over the concentrations [attributed] attributable to existing sources 

which are included in the baseline [concentrations] concentration; and

(5) concentrations attributable to the 

temporary increase in emissions of sulfur dioxide, particulate matter, or nitrogen oxides from stationary sources which are affected by plan revisions approved by the administrator as meeting the criteria specified in Subsection D of 20.11.61.23 NMAC.

B. If the plan provides that the concentrations to 

which Paragraph (1) or (2) of Subsection A of 20.11.61.23 NMAC refers, shall be excluded, it shall also provide that no exclusion of such concentrations shall apply more than five years after the effective date of the order to which Paragraph (10 of Subsection A of 20.11.61.23 NMAC refers, or the plan to which Paragraph (2) of Subsection A of 20.11.61.23 NMAC refers, whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply more than five years after the later of such effective dates.

C. [Reserved]

D. For purposes of excluding concentrations 

pursuant to Paragraph (5) of Subsection A of 20.11.61.23 NMAC, the administrator may approve a plan revision that:

(1) specifies the time over which the 

temporary emissions increase of sulfur dioxide, particulate matter, or nitrogen oxides would occur such time is not to exceed 2 years in duration unless a longer 
99 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

time is approved by the Administrator.

(2) specifies that the time period for 

excluding certain contributions in accordance with Paragraph (1) of Subsection D of 20.11.61.23 NMAC, is not renewable;

(3) allows no emissions increase from a 

stationary source which would ;

 (a) impact a class I area or an 

area where an applicable increment is known to be violated; or 

 (b) cause or contribute to the 

violation of a national ambient air quality standard;

 (4) requires limitations to be in effect the 

end of the time period specified in accordance with Paragraph (1) of Subsection D of 20.11.61.23 NMAC, which would ensure that the emissions levels from stationary sources affected by the plan revision would not exceed those levels occurring from such sources before the plan revision was approved.

20.11.61.24 ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING FEDERAL CLASS I AREAS: Note that due to the voluminous amount of regulatory text in this section, only the relevant pieces will be listed for review and analysis. 

A. The department shall transmit to the 

administrator and the federal land manager a copy of each permit application relating to a major stationary source or major modification 

20.11.61.24 [ADDITIONAL REQUIREMENTS 

FOR] SOURCES IMPACTING FEDERAL 

CLASS I AREAS – ADDITIONAL 

REQUIREMENTS: 

 A. Notice to EPA. No changes made to the body 

of the section, only to the heading. *** F. Sulfur dioxide waiver by governor with 

FLM concurrence: No changes made to the body 

of the text, only to the headings. 

The non-substantive revsection headings to imprrevisions maintain consifederal PSD requiremenThese revisions are appr
100 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

proposing to locate within 100 kilometers of any federal class I area. ... In the case where the department disagrees with the federal land managers' analysis, the department will also explain its decision or give notice to the public by advertisement in a newspaper of general circulation in the area in which the proposed source would be constructed, as to where the decision can be obtained.

 *** F. Sulfur dioxide waiver by governor: *** 

***

20.11.61.25 RESTRICTIONS ON AREA CLASSIFICATIONS: A. Mandatory federal class I areas: 

1. The following areas were in existence on August 7, 1977, and classified as mandatory federal class I areas and may not be redesignated: 

(a) international parks (all of them); 

(b) national wilderness areas which exceed 

5,000 acres in size; 

(c) national memorial parks which exceed 

5,000 acres in size; and 

(d) national parks which exceed 6,000 acres 

in size. 

2. Specifically for New Mexico, these areas 

are: 

(a) Bandelier wilderness, administered by 

national park service (NPS); 

(b) Bosque del Apache wilderness, 

administered by national fish and wildlife service (NFWS); 

(c) Carlsbad caverns national park, 

administered by NPS; 

20.11.61.25 RESTRICTIONS ON AREA CLASSIFICATIONS: A. Mandatory federal class I areas: 

(1) All of the following areas which were in 

existence on August 7, 1977, [and classified 

as mandatory federal] shall be class I areas 

and may not be redesignated: 

(a) – (d) No Change

(2) No Change 

B. Areas which may be redesignated only as class I or class II: 

(1) The following areas may be redesignated on as class I or II: 

(a) an area which, as of August 7, 1977, 

[which exceeds] exceeded 10,000 acres in 

size and [is] was a national monument, 

national primitive area, national preserve, national recreational area, national wild and scenic river, national wildlife refuge; [or] and

(b) No Change 

(2) No Change 

Restrictions on Area Clapermitting are provided August 2010 revisions to restrictions at 20.11.61.2substantive and maintain federal requirements. These revisions are appr
101 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

(d) Gila wilderness, administered by 

national forest service (NFS); 

(e) Pecos wilderness, administered by NFS; 

(f) Salt Creek wilderness, administered by 

NFWS; 

(g) San Pedro Parks wilderness, 

administered by NFS; 

(h) Wheeler Peak wilderness, administered 

by NFS; and 

(i)White Mountain wilderness, administered 

by NFS. 

B. Areas which may be redesignated only as 

class I or class II: 

1. The following areas may be redesignated on as class I or II: 

(a) An area as of August 7, 1977, which 

exceeds 10,000 acres in size and is a national monument, national primitive area, national preserve, national recreational area, national wild and scenic river, national wildlife refuge; or 

(b) a national park or national wilderness 

area established after August 7, 1977 which exceeds 10,000 acres in size. 

(2) Specifically for New Mexico, these areas include (but are not necessary limited to ): 

(a) Apache Kid wilderness, administered 

by national forest service (NFS); 

(b) Bandelier national monument, 

administered b national park service (NPS); 

(c) Bitter Lake national wildlife refuge, 

administered by national fish and wildlife service (NFWS); 

(d) Blue Range wilderness, administered 
102 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

by NFS 

(e) Bosque del Apache national wildlife 

refuge, administered by NFWS; 

(f) Capitan mountains wilderness, 

administered by NFS; 

(g) Cebolla wilderness, administered by 

bureau of land management (BLM); 

(h) Chama River Canyon wilderness, 

administered by NFS; 

(i) Cruces Basin wilderness, administered 

by NFS; 

(j) De-na-zin wilderness, administered by 

BLM; 

(k) El Malpais national monument, 

administered by NPS; 

(l) Latir Peak wilderness, administered 

by NFS; 

(m) Manzano mountain wilderness, 

administered by NFS; 

(n) San Andres national wildlife refuge, 

administered by NFWS; 

(o) Sandia Mountain wilderness, 

administered by NFS; 

(p) Sevilleta national wildlife refuge, 

administered by NFWS; 

(q) West Malpais wilderness, 

administered by BLM; 

(r) White Sands national monument, 

administered by NPS; and 

(s) Withington Wilderness, administered 

by NFS. 

20.11.61.26 TABLE I – PSD SOURCE CATEGORIES: 

A. Carbon black plants (furnace process). B. Charcoal production plants. 

20.11.61.26 TABLE I – PSD SOURCE CATEGORIES: 

A. Carbon black plants (furnace process). B. Charcoal production plants. 

40 CFR 51.166(b)(1)(i)(source categories. The reTable I to exclude ethanproduce ethanol by natur
103 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

C. Chemical process plants. D. Coal cleaning plants (with thermal dryers). E. Coke oven batteries. F. Fossil fuel boilers (or combinations thereof) 

totaling more than 250 million BTUIhr heat input. 

G. Fossil fuel-fired steam electric plants of more 

than 250 million BTUh heat input. 

H. Fuel conversion plants. I. Glass fiber processing plants. 

J. Hydrofluoric acid plants. 

K. Iron and steel mills. 

L. Kraft pulp mills. M. Lime plants. 

N. Municipal incinerators capable of charging 

more than 50 tons of refuse per day. 

O. Nitric acid plants. P. Petroleum refineries. Q. Petroleum storage and transfer units with a 

total storage capacity exceeding 300,000 barrels. 

R. Phosphate rock processing plants. 

S. Portland cement plants. T. Primary aluminum ore reduction plants. U. Primary copper smelters. V. Primary lead smelters. W. Primary zinc smelters. 

X. Secondary metal production plants. Y. Sintering plants. Z. Sulfur recovery plants. AA.Sulfuric acid plants. 

BB. Taconite ore processing plants. 

C. Chemical process plants (the term chemical 

processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS Codes 325193 or 312140).

D. Coal cleaning plants (with thermal dryers). E. Coke oven batteries. F. Fossil fuel boilers (or combinations thereof) 

totaling more than 250 million BTU/hr heat input. 

G. Fossil fuel-fired steam electric plants of more 

than 250 million BTU/hr heat input. 

H. Fuel conversion plants. I. Glass fiber processing plants. 

J. Hydrofluoric acid plants. 

K. Iron and steel mills. L. Kraft pulp mills. M. Lime plants. 

N. Municipal incinerators capable of charging 

more than [50] 250 tons of refuse per day. 

O. Nitric acid plants. P. Petroleum refineries. Q. Petroleum storage and transfer units with a 

total storage capacity exceeding 300,000 barrels. 

R. Phosphate rock processing plants. 

S. Portland cement plants. T. Primary aluminum ore reduction plants. U. Primary copper smelters. V. Primary lead smelters. W. Primary zinc smelters. 

X. Secondary metal production plants. Y. Sintering plants. Z. Sulfur recovery plants. AA.Sulfuric acid plants. 

consistent with the requimajor source categories. These revisions are appr
104 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

BB. Taconite ore processing plants. 

20.11.61.27 TABLE 2 – SIGNIGICANT EMISSION RATES: 

Pollutant Emission Rate (Tons/YR) 

Carbon Monoxide 100 Fluorides 3 Lead 0.6 Municipal waste combustor: 

Acid gases (measured as sulfur dioxide and hydrogen chloride) Metals (measured as particulate matter Organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans) 

40 (36 megagrams/yr) 

15 (14 megagrams/year) 

0.0000035 (0.0000032 

megagrarn/yr) 

Nitrogen oxides 40 Ozone (as VOC) 40 (VOC) Particulate Matter 

Particulate Matter Emissions PM10 Emissions 

25 15 

Sulfur Compounds 

Hydrogen sulfide (H2S) Reduced sulfur compounds (incl. H2S) Sulfur dioxide Sulfuric acid mist Total reduced sulfur (incl. H2S) 

10 10 40 

7 

10 

Any other pollutant regulated under the Act that is not listed in this table 

Any emission rate 

Each regulated pollutant Emission rate or net 

emissions increase 

associated with a major 

stationary source or major 

modification that causes an 

air quality impact of one 

20.11.61.27 TABLE 2 – SIGNIGICANT EMISSION RATES:

Pollutant Emission Rate (Tons/YR) 

Carbon Monoxide 100 Fluorides 3 Lead 0.6 Municipal waste combustor: 

Acid gases (measured as sulfur dioxide and hydrogen chloride) Metals (measured as particulate matter Organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans) 

40 (36 megagrams/yr) 

15 (14 megagrams/year) 

0.0000035 (0.0000032 

megagrarn/yr) 

Municipal solid waste landfill emissions (measured as NMOC)

50 (45 megagrams/vear)

Nitrogen oxides 40 Ozone (as VOC) 40 VOC or NOXParticulate Matter 

Particulate Matter Emissions PM10 Emissions PM2.5 Emissions

25 15 

10 tpy of direct PM2.5 

emissions; 40 tpy

of sulfur dioxide emissions; 

40 tpv of nitrogen oxide 

emissions unless

demonstrated not to be a PM 

2.5 precursor under 

Subsection VV of 

20.11.61.7 NMAC

Sulfur Compounds 

Hydrogen sulfide (H2S) Reduced sulfur compounds (incl. H2S) Sulfur dioxide Sulfuric acid mist 

10 10 40 

7 

Significant emission raterequired at 40 CFR 51.1The revisions to 20.11.6addition of municipal so

as a precursor for ozone requirements and are appThe revisions to 20.11.6addition of significant emconsistent with federal rapprovable. 
105 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

microgram per cubic meter 

or greater (24-hr average) in 

any Class I Federal area 

located within 10 km of the 

source. 

Total reduced sulfur (incl. H2S) 

10 

Any other pollutant regulated new source review pollutant under the Act that 

is not listed in this table 

Any emission rate 

Each regulated pollutant Emission rate or net 

emissions increase 

associated with a major 

stationary source or major 

modification that causes an 

air quality impact of one 

microgram per cubic meter 

or greater (24-hr average) in 

any Class I Federal area 

located within 10 km of the 

source. 

20.11.61.28 TABLE 3- SIGNIFICANT MONITORING CONCENTRATIONS: 

Pollutant Air Quality 

Concentration Microgram per cubic meter (μg/m3) 

Averaging Time 

Carbon monoxide 

575 8 hours 

Fluorides 0.25 24 hours Lead 0.1 3 months Nitrogen dioxide 

14 Annual 

Ozone B Particulate Matter (PM10) 

10 24 hours 

Sulfur compounds Hydrogen sulfide (H2S) Reduced sulfur compounds 

0.20 1 hour 

20.11.61.28 TABLE 3- SIGNIFICANT MONITORING CONCENTRATIONS: 

Pollutant Air Quality 

Concentration Microgram per cubic meter (μg/m3) 

Averaging Time 

Carbon monoxide 

575 8 hours 

Fluorides 0.25 24 hours Lead 0.1 3 months Nitrogen dioxide 

14 Annual 

Ozone B Particulate Matter (PM10) 

10 24 hours 

Sulfur compounds Hydrogen sulfide (H2S) Reduced sulfur compounds 

0.20 1 hour 

Note that there are pendiTable 3 adopted April 13EPA review May 24, 20May 2006 revisions to thin Table IV-B1. For purpthe August 2010 revisionthis table includes the MSignificant monitoring cpermitting are required aThe new language added necessary to identify NO

for implementation of thozone NAAQS. This revision is approvab
106 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

(incl. H2S) Sulfur dioxide Sulfuric acid mist Total reduced sulfur (incl. H2S) 

10 13 A 10 

1 hour 24 hours 1 hour 

A – No acceptable monitoring techniques available at this time. Therefore, monitoring is not required until acceptable techniques are available. 

(incl. H2S) Sulfur dioxide Sulfuric acid mist Total reduced sulfur (incl. H2S) 

10 13 A 10 

1 hour 24 hours 1 hour 

A – No acceptable monitoring techniques available at this time. Therefore, monitoring is not required until acceptable techniques are available. B – No de minimis air quality level is provided for ozone. However, any net emissions increase 

of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD 

would be required to perform an ambient impact analysis, including the gathering of ambient air quality data. 

20.11.61.29 TABLE 4 – ALLOWABLE PSD INCREMENTS: 

Micrograms per cubic meter (μg/m3) 

Class I Class II Class 

III 

Nitrogen Dioxide annual arithmetic mean 

2.5 25 50 

Particulate Matter PM10, annual arithmetic mean PM10, 24-hour maximum 

4 17 34 

20.11.61.29 TABLE 4 – ALLOWABLE PSD INCREMENTS: 

POLLUTANT Maximum Allowable 

Increase

Micrograms per cubic meter 

(μg/m3) 

Class I Class II Class 

III 

Nitrogen Dioxide annual arithmetic mean 

2.5 25 50 

Particulate Matter PM10, annual arithmetic mean PM10, 24-hour 4 17 34 

Note that there are pendiTable 4 adopted April 13EPA review May 24, 20May 2006 revisions to thin Table IV-B1. For purpthe August 2010 revisionthis table includes the MSignificant monitoring cpermitting are required aThe new language added non-substantive revisionThis revision is approvab
107 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

8a 30a 60a 

Sulfur Dioxide Annual arithmetic mean 24-hour maximum 3-hour maximum 

2 5a 25a 

20 91a 512a 

40 182a 700a 

a – Not to be exceeded more than once per year. b – No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds subject to PSD would be required to perform an ambient impact analysis, including the gathering of ambient air quality data. 

maximum 

8a 30a 60a 

Sulfur Dioxide Annual arithmetic mean 24-hour maximum 3-hour maximum 

2 5a 25a 

20 91a 512a 

40 182a 700a 

a – Not to be exceeded more than once per year. 

20.11.61.30 TABLE 5 – MAXIMUM ALLOWABLE INCREASES FOR CLASS I  WAIVERS : 

Micrograms per cubic meter 

(μg/m3) 

Nitrogen Dioxide annual arithmetic mean 25 Particulate Matter PM10, annual arithmetic mean PM10, 24-hour maximum 

17 30 

Sulfur Dioxide Annual arithmetic mean 24-hour maximum 3-hour maximum 

20 91 

325 

20.11.61.30 TABLE 5 – MAXIMUM ALLOWABLE INCREASES FOR CLASS I  [WAIVERS] VARIANCES: 

POLLUTANT Maximum Allowable 

Increase

Micrograms per cubic meter 

(μg/m3) 

Nitrogen Dioxide annual arithmetic mean 25 Particulate Matter PM10, annual arithmetic mean PM10, 24-hour maximum 

17 30 

Sulfur Dioxide Annual arithmetic mean 24-hour maximum 3-hour maximum 

20 91 

325 

Maximum allowable incVariances in PSD permiCFR 51.166(p)(4). The n20.11.61.30 Table 5 is ntable headings. These refederal requirements and 

20.11.61.31 TABLE 6 –MAXIMUM ALLOWABLE INCREASE FOR SULFUR DIOXIDE WAIVER BY GOVERNOR 

Micrograms per cubic meter (μg/m3) 

Terrain Areas 

20.11.61.31 TABLE 6 – MAXIMUM ALLOWABLE INCREASE FOR SULFUR DIOXIDE WAIVER BY GOVERNOR 

Micrograms per cubic meter (μg/m3)

Terrain Areas 

Maximum allowable incthe governor are provide51.166(p)(7). The revisioare non-substantive to mheading to the data entry
108 

SIP Approved Language As approved by EPA on April 26, 2007 (72 FR 20728) As adopted by the AQCB on December 14, 2005 and submitted on May 24, 2006 

Adopted State Language Revisions adopted by the ABCAQCB on July 14, 2010 and submitted to EPA on August 16, 2010. 

Analysis of the August 20.11.61 NMAC

Period of Exposure Low High 24-hr maximum 36 62 3-hr maximum 130 221 

Period of Exposure Low High 24-hr maximum 36 μg/m3 62 μg/m33-hr maximum 130 μg/m3 221 μg/m3

consistent with the federapprovable. 
109 

IV.C Demonstration that the Albuquerque PSD Program Adequately Implements NOX as 

a Precursor for 8-hour Ozone 

This review of the May 2006 and August 2010 revisions to the Albuquerque PSD program is 

being proposed as part of EPA’s action on the Albuquerque Infrastructure SIP. To meet the 

requirements of 110(a)(2)(C) for the 1997 and 2008 ozone standard, EPA believes the State must 

have updated its PSD rules to treat NOX as a precursor to ozone consistent with EPA’s 

November 29, 2005, Phase 2 rule for the 1997 8-hour ozone NAAQS (70 FR 71612). 

How does a SIP satisfy NOX as a precursor for ozone? 

According to the November 29, 2005 FRN, the PSD regulations at 40 CFR 51.166 must be 

amended as follows: 

1. By revising paragraph (b)(1)(ii). 

2. By revising paragraph (b)(2)(ii). 

3. By revising the entry for ‘‘ozone’’ in the list in paragraph (b)(23)(i). 

4. By revising paragraph (b)(49)(i). 

5. By revising footnote 1 to paragraph (i)(5)(i)(e). 

Table IV.C demonstrates how the Albuquerque PSD program satisfies the NOX as an ozone 

precursor criteria listed above.
110 

IV.C – Analysis of the Albuquerque SIP Revisions to Implement NOX as a Precursor to Ozone Federal Requirements for Implementing NOX as a precursor 

for 8-hour ozone 70 FR 71612 November 29, 2005 

Corresponding Albuquerque Provision with Adoption and Submittal Dates 

Analysis of the Albuquerq

40 CFR 51.166(b)(1)(ii): (b) * * * (1) * * * (ii) A major source that is major for volatile organic compounds or NOX

shall be considered major for ozone. 

20.11.61.7.JJ. "Major stationary source" 

As adopted by the ABCAQCB on December 22, 2005 and submitted to EPA as a SIP revision on May 24, 2006. “Major Stationary Source” means: *** (4) a major source that is major for volatile organic compounds or oxides of nitrogen shall be considered major for ozone; 

EPA SIP-approved this definSource at 20.11.61.7.JJ(4) NAs SIP-approved, the Albuq20.11.61.7.JJ(4) NMAC tha

shall also be considered maj40 CFR 51.166(b)(1)(ii). 

40 CFR 51.166(b)(2)(ii): (b) * * *  (2) * * * (ii) Any significant emissions increase (as defined at paragraph (b)(39) of this section) from any emissions units or net emissions increase (as defined in paragraph (b)(3) of this section) at a major stationary source that is significant for volatile organic compounds or NOX shall be 

considered significant for ozone. 

20.11.61.7.HH "Major modification" As adopted by the ABCAQCB on April 13, 2006 and submitted to EPA as a SIP revision on May 24, 2006. “Major Modification” means any physical change in or change in the method of operation of a major stationary source that would result in a significant emissions increase of a regulated new source review pollutant, and a significant net emissions increase of that pollutant from the major stationary source. Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or oxides of nitrogen 

shall be considered significant for ozone. 

The revision to 20.11.61.7.Hdefinition of “major modificAlbuquerque AQCB on AprEPA on May 24, 2006. This identify NOX as a precursor 

40 CFR 51.166(b)(2)(ii). This revision is approvable. 

40 CFR 51.166(b)(23)(i): (b) * * * (23)(i) * * * * * * * * Ozone: 40 tpy of volatile organic compounds or NOX

20.11.61.7.YY “Significant” As adopted by the ABCAQCB on December 22, 2005 and submitted to EPA as a SIP revision on May 24, 2006. "Significant" means in reference to a net emissions increase or the potential of a source to emit air pollutants, a rate of emission that would equal or exceed any of the rates listed in Table 2 of 20.1 1.61.27 NMAC. 20.11.61.27 Table 2 – Significant Emission Rates 

The SIP-approved definition 20.11.61.7.YY NMAC referSignificant Emission Rates T2. This SIP-approved Table 

precursor to ozone, as requir51.166(b)(23)(i). Further revisions are necessaof the Albuquerque PSD proNOX as a precursor to ozone 
111 

Federal Requirements for Implementing NOX as a precursor 

for 8-hour ozone 70 FR 71612 November 29, 2005 

Corresponding Albuquerque Provision with Adoption and Submittal Dates 

Analysis of the Albuquerq

POLLUTANT EMISSION RATE 

(TONS/YR) 

*** Ozone (as VOC, Volatile Organic Compounds) 

40 (VOC) 

*** 

rates. The ABCAQCB adopted furto address this in adequacy osubmitted these revisions to The August 16, 2010 submitthis table. 

No Changes to the definition of “Significant” or the Significant Emission Rate Table in the April 13, 2006 adoption/May 24, 2006 submittal package 

The April 13, 2006 revisionprogram did not revise the stable. 

20.11.61.7.YY “Significant” As adopted by the ABCAQCB on July 14, 2010 and submitted to EPA as a SIP revision on August 16, 2010 YY. “Significant” means: 

1. in reference to a net emissions increase or the potential 

of a source to emit [air pollutants] any of the pollutants 

listed in Table 2 of 20.11.61.27 NMAC, a rate of 

[emission] emissions that would equal or exceed any 

of the corresponding emission rates listed in Table 2 of 

20.11.61.27 NMAC; 

20.11.61.27 Table 2 – Significant Emission Rates 

POLLUTANT EMISSION RATE 

(TONS/YR) 

*** Ozone (as VOC, Volatile Organic Compounds)

40 (VOC) or NOX

*** 

Note that this analysis only r“Significant” definition and Rates” Table 2 that pertain tNOX as a precursor for ozon

to the definition and table wseparate rulemaking because analysis of the implementatiNAAQS. The revisions to 20.11.61.7.Table 2 are necessary to iden

ozone. These revisions are c51.166(b)(23)(i). The revisions identified are revisions submitted on Auguimplement the 2005 8-hour demonstrate adequacy of NO
112 

Federal Requirements for Implementing NOX as a precursor 

for 8-hour ozone 70 FR 71612 November 29, 2005 

Corresponding Albuquerque Provision with Adoption and Submittal Dates 

Analysis of the Albuquerq

40 CFR 51.166(b)(49)(i): (b) * * *  (49) * * * (i) Any pollutant for which a national ambient air quality standard has been promulgated and any constituents or precursors for such pollutants identified by the Administrator (e.g., volatile organic compounds and NOX are 

precursors for ozone); 

20.11.61.7.VV “Regulated New Source Review Pollutant” As adopted by the ABCAQCB on December 22, 2005 and submitted to EPA as a SIP revision on May 24, 2006. "Regulated new source review pollutant" means the following: (1) any pollutant for which a national ambient air quality standard has been promulgated and any constituents or precursors for such pollutants identified by the administrator (e.g., volatile organic compounds and oxides of nitrogen are precursors for ozone); 

EPA SIP-approved this definPollutant at 20.11.61.7.VV.1 As SIP-approved, the Albuq20.11.61.7.VV.1 NMAC tha

precursor for ozone, consiste51.166(b)(49)(i). Further, the subsequent reviPSD SIP submitted on Auguidentify NOX as a precursor 

40 CFR 51.166(b)(49)(i). 

20.11.61.7VV. “Regulated new source review pollutant”As adopted by the ABCAQCB on July 14, 2010 and submitted to EPA as a SIP revision on August 16, 2010.means the following: 

(1) any pollutant for which a national ambient air quality 

standard has been promulgated and any [constituents or 

precursors for such pollutants identified by the administrator (e.g. volatile organic compounds and oxides of nitrogen are precursors for ozone] pollutant identified under Paragraph (1) of Subsection VV of 20.11.61 NMAC as a constituent or precursor to such pollutant; precursors identified by the administrator for purposes of new source review are the following:

(a) volatile organic compounds and nitrogen oxides are 

precursors to ozone in all attainment and unclassifiable areas:

40 CFR 51.166(i)(5)(i)(e). Footnote 1: (i) * * * (5) * * * (i) * * * (e) * * * 1 No de minimis air quality level is provided for ozone. However, any 

20.11.61.28 Table 3 – Significant Monitoring Concentrations As adopted by the ABCAQCB on December 22, 2005 and submitted to EPA as a SIP revision on May 24, 2006. 

Pollutant Air Quality Concentration 

Microgram per cubic meter (μg/m3) 

Averaging Time 

*** 

EPA SIP-approved 20.11.61Monitoring Concentrations oapproved version of the SMnote B as indicated in the taberror that the ABCAQCB corulemakings, evaluated later 
113 

Federal Requirements for Implementing NOX as a precursor 

for 8-hour ozone 70 FR 71612 November 29, 2005 

Corresponding Albuquerque Provision with Adoption and Submittal Dates 

Analysis of the Albuquerq

net emissions increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient impact analysis, including the gathering of air quality data. 

Ozone B 

*** 

[Note that the December 22, 2005 adoption did not include footnote B] 20.11.61.28 Table 3 – Significant Monitoring Concentrations As adopted by the ABCAQCB on April 13, 2006 and submitted to EPA as a SIP revision on May 24, 2006. 

Pollutant Air Quality Concentration 

Microgram per cubic meter (μg/m3) 

Averaging Time 

*** Ozone B *** B – No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds subject to PSD would be required to perform an ambient impact analysis, including the gathering of ambient air quality data. 

The ABCAQCB adopted rev3, to include footnote B on Athis revision to EPA on May identifies that any net increaVOC subject to PSD would analysis. This revision is apprespect to ozone. However, timplement the 8-hour ozone CFR 51.166(i)(5)(i)(e). Further revisions to the Albunecessary. The ABCAQCB 

precursor to ozone in a subsevaluated later in this table. 

20.11.61.28 Table 3 – Significant Monitoring Concentrations As adopted by the ABCAQCB on July 14, 2010 and submitted to EPA as a SIP revision on August 16, 2010. 

Pollutant Air Quality Concentration 

Microgram per cubic meter (μg/m3) 

Averaging Time 

*** Ozone b *** b – No de minimis air quality level is provided for ozone. 

However, any net emissions increase of 100 tons per year or 

more of volatile organic compounds or nitrogen oxides

subject to PSD would be required to perform an ambient impact analysis, including the gathering of ambient air 

The revisions to 20.11.61.28 the requirements of 40 CFR revisions correctly identify t

ozone. The August 16, 2010 revisioNMAC is approvable. 
114 

Federal Requirements for Implementing NOX as a precursor 

for 8-hour ozone 70 FR 71612 November 29, 2005 

Corresponding Albuquerque Provision with Adoption and Submittal Dates 

Analysis of the Albuquerq

quality data. 
115 

IV.D Demonstration that the Albuquerque PSD Program Adequately Implements the 1997 

and 2006 PM2.5 NAAQS as published May 16, 2008 

This review of the May 2006 and August 2010 revisions to the Albuquerque PSD program is 

being proposed as part of EPA’s action on the Albuquerque Infrastructure SIP. One element for 

determining whether an infrastructure SIP is approvable is whether the PSD program adequately 

implements the 1997 and 2006 PM2.5 NAAQS. To implement the PSD permitting component of 

section 110(a)(2)(C) for the 1997 and 2006 PM2.5 standards, states were required to submit the 

necessary SIP revisions to EPA by May 16, 2011 under EPA’s Implementation of the New 

Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (73 FR 28321, 

May 16, 2008). 

How does a SIP satisfy the May 16, 2008 FRN requirements for PM2.5 PSD permitting? 

According to the May 16, 2008, the PSD regulations at 40 CFR 51.166 must be amended as 

follows: 

1. By revising paragraph (b)(23)(i) and (b)(49)(i); 

2. By removing the word ‘‘or’’ at the end of paragraph (b)(49)(iii); 

3. By adding and reserving paragraph (b)(49)(v); 

4. By adding paragraph (b)(49)(vi); and 

5. By revising paragraphs (i)(5)(ii) and (i)(5)(iii). 

Table IV.D demonstrates how the Albuquerque PSD program satisfies the PM2.5 PSD permitting 

criteria listed above.
116 

IV.D – Analysis of the Albuquerque SIP Revisions to Implement May 16, 2008 PM2.5 PSD Requirements Federal Requirements for PM2.5

PSD Permitting 73 FR 28321 May 16, 2008 

Corresponding Albuquerque Provision with Adoption and Submittal Dates 

Analysis of the Albuquerq

40 CFR 51.166(b)(23)(i): (b) * * * (23)(i) Significant means, in 

reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates: Pollutant and Emissions Rate 

Carbon monoxide: 100 tons per 

year (tpy) 

Nitrogen oxides: 40 tpy Sulfur dioxide: 40 tpy 

Particulate matter: 25 tpy of 

particulate matter emissions. 15 tpy of PM10 emissions 

PM2.5: 10 tpy of direct PM2.5 

emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM2.5 precursor under paragraph (b)(49) of this section 

Ozone: 40 tpy of volatile 

organic compounds or nitrogen oxides 

Lead: 0.6 tpy Fluorides: 3 tpy Sulfuric acid mist: 7 tpy Hydrogen sulfide (H2S): 10 tpy 

Total reduced sulfur (including 

H2S): 10 tpy 

Reduced sulfur compounds 

20.11.61.7.YY “Significant” As adopted by the ABCAQCB on July 14, 2010 and submitted to EPA as a SIP revision on August 16, 2010 YY. “Significant” means: 

1. in reference to a net emissions increase or the potential 

of a source to emit [air pollutants] any of the pollutants 

listed in Table 2 of 20.11.61.27 NMAC, a rate of 

[emission] emissions that would equal or exceed any 

of the corresponding emission rates listed in Table 2 of 

20.11.61.27 NMAC; 

20.11.61.27 TABLE 2 – SIGNIGICANT EMISSION RATES:

Pollutant Emission Rate 

(Tons/YR) 

Carbon Monoxide 100 Fluorides 3 Lead 0.6 Municipal waste combustor: 

Acid gases (measured as sulfur dioxide and hydrogen chloride) Metals (measured as particulate matter Organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) 

40 (36 megagrams/yr) 

15 (14 

megagramslyear) 

0.0000035 (0.0000032 

megagrarndyr) 

Municipal solid waste landfill emissions 

50 (45 

megagrams/vear)

As discussed previously in trevised the SIP-approved de20.11.61.7.YY and the signi20.11.61.27 Table 2 in both The Albuquerque PSD progand the significant emission requirements at 40 CFR 51.implementing the PSD perm
117 

Federal Requirements for PM2.5

PSD Permitting 73 FR 28321 May 16, 2008 

Corresponding Albuquerque Provision with Adoption and Submittal Dates 

Analysis of the Albuquerq

(including H2S): 10 tpy 

Municipal waste combustor 

organics (measured as total tetrathrough octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 × 10–¥6 megagrams per year (3.5 × 10¥6 tons per year) 

Municipal waste combustor metals 

(measured as particulate matter): 14 megagrams per year (15 tons per year) 

Municipal waste combustor acid 

gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year) 

Municipal solid waste landfill 

emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year) 

* * * * * 

(measured as NMOC)

Nitrogen oxides 40 Ozone (as VOC) 40 VOC or NOXParticulate Matter 

Particulate Matter Emissions PM10 Emissions PM2.5 Emissions

25 15 

10 tpy of direct PM2.5 

emissions; 40 tpy

of sulfur dioxide 

emissions; 40 tpv of 

nitrogen oxide 

emissions unless

demonstrated not to be 

a PM 2.5 precursor 

under Subsection VV 

of 20.11.61.7 NMAC

Sulfur Compounds 

Hydrogen sulfide (H2S) Reduced sulfur compounds (incl. H2S) Sulfur dioxide Sulfuric acid mist Total reduced sulfur (incl. H2S) 

10 10 40 

7 

10 

Any other pollutant regulated new source review pollutant under the Act that is not 

listed in this table 

Any emission rate 

Each regulated pollutant 

Emission rate or net 

emissions increase 

associated with a 
118 

Federal Requirements for PM2.5

PSD Permitting 73 FR 28321 May 16, 2008 

Corresponding Albuquerque Provision with Adoption and Submittal Dates 

Analysis of the Albuquerq

major stationary 

source or major 

modification that 

causes an air quality 

impact of one 

microgram per cubic 

meter or greater (24-hr 

average) in 

any Class I Federal 

area located within 10 

km of the source. 

40 CFR 51.166(b)(49)(i): (b) * * * (49) * * * (i) Any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under this paragraph (b)(49)(i) as a constituent or precursor to such pollutant. Precursors identified by the Administrator for purposes of NSR are the following: (a) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas. (b) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas. (c) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas, unless the State demonstrates to the Administrator’s satisfaction or EPA demonstrates that emissions of 

20.11.61.7.VV “Regulated new source review pollutant” 

As adopted by the ABCAQCB on July 14, 2010 and submitted to EPA as a SIP revision on August 16, 2010. VV. “Regulated new source review pollutant” means the 

following: 

(1) any pollutant for which a national ambient air quality 

standard has been promulgated and any [constituents or 

precursors for such pollutants identified by the administrator (e.g. volatile organic compounds and oxides of nitrogen are precursors for ozone] pollutant identified under Paragraph (1) of Subsection VV of 20.11.61 NMAC as a constituent or precursor to such pollutant; precursors identified by the administrator for purposes of new source review are the following:

(a) volatile organic compounds and nitrogen oxides are 

precursors to ozone in all attainment and unclassifiable areas:

(b) sulfur dioxide is a precursor to PM2.5 in all attainment 

and unclassifiable areas;

(c) nitrogen oxides are presumed to be precursors to PM2.5

in all attainment and unclassifiable areas, unless the 

state demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant 

The definition of “regulated pollutant” is required at 40 CThe new revisions to the defpollutant” at 20.11.61.7.VV2010 are consistent with fedthe precursors of PM2.5 for 
119 

Federal Requirements for PM2.5

PSD Permitting 73 FR 28321 May 16, 2008 

Corresponding Albuquerque Provision with Adoption and Submittal Dates 

Analysis of the Albuquerq

nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient PM2.5 concentrations. (d) Volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area, unless the State demonstrates to the Administrator’s satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area’s ambient PM2.5 concentrations. 

contributor to that area’s ambient PM2.5 concentrations;

(d) volatile organic compounds are presumed not to be 

precursors tp PM2.5 in any attainment or unclassifiable area, unless the state demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area’s ambient PM2.5 concentrations;

40 CFR 51.166(b)(49)(v): (b) *** (49) * * * (v) [Reserved.] 

20.11.61.7.VV “Regulated new source review pollutant” 

As adopted by the ABCAQCB on July 14, 2010 and submitted to EPA as a SIP revision on August 16, 2010. VV. “Regulated new source review pollutant” means the 

following: *** (5) Reserved;

The definition of “regulated pollutant” is required at 40 CThe new revisions to the defpollutant” at 20.11.61.7.VVare is consistent with the fedsection (v) for PM2.5 permi

40 CFR 51.166(b)(49)(vi): (b) *** (49) * * * (vi) Particulate matter (PM) emissions, PM2.5 emissions, and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011 (or any earlier date established in the upcoming rulemaking 

20.11.61.7.VV “Regulated new source review pollutant” 

As adopted by the ABCAQCB on July 14, 2010 and submitted to EPA as a SIP revision on August 16, 2010. VV. “Regulated new source review pollutant” means the 

following: ***  (6) particulate matter (PM) emissions, PM2.5 emissions, and 

PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures; on or after January 1, 1011 (or any earlier date established in the upcoming rulemaking codifying 

The definition of “regulated pollutant” is required at 40 CThe new revisions to the defpollutant” at 20.11.61.7.VVare is consistent with the fedpermitting 
120 

Federal Requirements for PM2.5

PSD Permitting 73 FR 28321 May 16, 2008 

Corresponding Albuquerque Provision with Adoption and Submittal Dates 

Analysis of the Albuquerq

codifying test methods), such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5 and PM10 in PSD permits. Compliance with emissions limitations for PM, PM2.5 and PM10 issued prior to this date shall not be based on condensable particular matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particular matter shall not be considered in violation of this section unless the applicable implementation plan required condensable particular matter to be included. * * * * * 

test methods), such condensable particulate matter shall be 

accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5 and PM10 in PSD permits; compliance with emissions limitations for PM, PM2.5 and PM10

issued prior to this date shall not be based on condensable 

particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of 20.11.61 NMAC unless the applicable implementation plan required condensable particulate matter to be included.

40 CFR 51.166(i)(5)(ii) and (i)(5)(iii): (i) * ** (5) * * * (ii) The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in paragraph (i)(5)(i) of this section; or (iii) The pollutant is not listed in paragraph (i)(5)(i) of this section. 

20.11.61.18 MONITORING REQUREMENTS: As SIP-approved by EPA April 26, 2007 20.11.61.18 *** H. The department has the discretion to exempt a stationary source or modification from the requirements of 20.11.61.18 NMAC with respect to monitoring for a particular pollutant if the emissions of the pollutant from the new source or the net emissions increase of the pollutant from the modification would cause, in any area, increases in ambient concentrations less than 

the levels listed in Table 3 of 20.111.61.28 NMAC. I. The department shall exempt a stationary source or modification from the requirements of 20.1 1.61.18 NMAC 

Preapplication analysis, postand operation of monitoring CFR 51.166(m). The current SIP-approved laand (I) and the revisions sub20.11.61.18(H) are consisten40 CFR 51.166(m)(1). These revisions are approvaPM2.5 PSD permitting requ2008 FRN. 
121 

Federal Requirements for PM2.5

PSD Permitting 73 FR 28321 May 16, 2008 

Corresponding Albuquerque Provision with Adoption and Submittal Dates 

Analysis of the Albuquerq

with respect to preconstruction monitoring for a particular pollutant if: 

(1) for ozone, volatile organic compound emissions and 

oxides of nitrogen are less than 100 tons per year; or 

(2) the air pollutant is not a regulated new source review 

pollutant; or 

(3) the existing ambient concentrations of the pollutant in 

the area affected by the source or modification are less than the concentrations listed in Table 3 of 20.1 1.61.28 NMAC. 

20.11.61.18 MONITORING REQUREMENTS-AIR QUALITY ANALYSIS: 

As adopted by the ABCAQCB on July 14, 2010 and submitted to EPA as a SIP revision on August 16, 2010. H. The department has the discretion to exempt a stationary source or modification from the requirements of 20.11.61.18 NMAC with respect to monitoring for a particular pollutant if the emissions increase of the pollutant from the new source or 

the net emissions increase of the pollutant from the modification would cause, in any area, increases in ambient concentrations less than the levels listed in Table 3 of 20.111.61.28 NMAC.I. No Change
V. Conclusion 

The technical analysis provided in the preceding sections has compared the applicable 

sections of the CAA and 40 CFR Part 51 to Albuquerque-Bernalillo County Air Control 

Board’s May 24, 2006 and August 16, 2010 proposed revisions to the Albuquerque State 

Implementation Plan (SIP) for PSD permitting. This analysis found that the adoption of the 

revisions to 20.11.61 NMAC submitted on May 24, 2006 and August 16, 2010, are consistent 

with the CAA and 40 CFR Part 51.166 and are necessary to implement the 1997 and 2008 8-

hour ozone NAAQS (NOX as a precursor to ozone) and the 1997 and 2006 PM2.5 PSD 

Permitting requirements (as published in the May 16, 2008 FRN). Therefore, it is 

recommended that a proposed approval of the following sections be published: 

• 20.11.61.7 NMAC as submitted May 24, 2006 

• 20.11.61.28 NMAC as submitted May 24, 2006 

• 20.11.61.29 NMAC as submitted May 24, 2006 

• 20.11.61.1 NMAC as submitted August 16, 2010 

• 20.11.61.2 NMAC as submitted August 16, 2010 

• 20.11.61.7 NMAC as submitted August 16, 2010 

• 20.11.61.11 NMAC as submitted August 16, 2010 

• 20.11.61.12 NMAC as submitted August 16, 2010 

• 20.11.61.14 NMAC as submitted August 16, 2010 

• 20.11.61.15 NMAC as submitted August 16, 2010 

20.11.61.16 NMAC as submitted August 16, 2010 

• 20.11.61.17 NMAC as submitted August 16, 2010 

• 20.11.61.18 NMAC as submitted August 16, 2010 

• 20.11.61.19 NMAC as submitted August 16, 2010 

• 20.11.61.20 NMAC as submitted August 16, 2010 

• 20.11.61.21 NMAC as submitted August 16, 2010 

• 20.11.61.23 NMAC as submitted August 16, 2010 

• 20.11.61.24 NMAC as submitted August 16, 2010 

• 20.11.61.25 NMAC as submitted August 16, 2010 

• 20.11.61.26 NMAC as submitted August 16, 2010 

• 20.11.61.27 NMAC as submitted August 16, 2010 

• 20.11.61.28 NMAC as submitted August 16, 2010 

• 20.11.61.29 NMAC as submitted August 16, 2010 

• 20.11.61.30 NMAC as submitted August 16, 2010 

• 20.11.61.31 NMAC as submitted August 16, 2010 

Because EPA severed from our review the August 16, 2010, revisions to the Albuquerque 

NNSR Program at 20.11.60 NMAC, it is recommended that EPA take no action on these 

rules at this time. The August 16, 2010, NNSR SIP revisions remain before EPA for review 

and possible incorporation into the Albuquerque SIP at a later date in a separate rulemaking 

action.