State of New Mexico 

ENVIRONMENT DEPARTMENT 

SUSANA MARTINEZ 

GOVERNOR 

Air Quality Bureau 

1301 Siler Road, Building B 

Santa Fe, NM 87507-3113 

Telephone (505) 476-4300 

Fax (505) 476-4375 

DAVE MARTIN 

SECRETARY 

JOHN A. SANCHEZ 

LIEUTENANT GOVERNOR www.nmenv.state.nm.us/aqb BUTCH TONGATE 

DEPUTY SECRETARY 

September 19, 2012 

Mr. Thomas Diggs 

Associate Director for Air Programs 

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

1445 Ross Avenue, Suite 1200 

Dallas, Texas 75202-2733 0 

X 

RE: Clarification of Exemptions in Section 202 of20.2.72 NMAC- Construction Permits 

Dear Mr. Diggs: 

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The State of New Mexico Environment Department (NMED) Air Quality Bureau (AQB) was 

recently requested by the U.S. Environmental Protection Agency (EPA), Region VI to provide 

additional justification that the exemptions contained in Section 202 of 20.2.72 - Construction 

Permits of the New Mexico Administrative Code (NMAC) will not result in an exceedance of 

any NAAQS, and to include the number of permit revisions (administrative, technical, and 

significant) issued each year. 

Table 1 (attached) identifies the various exemption classifications, the activity or source covered, 

and a brief description of why the exemption was included. As described in the hearing 

testimony included in the AQB's SIP revision, submitted to Region VI on May 29, 1998, the 

majority of the exemptions were a codification of previous Department policy. 

The TEMPO database was queried to identify the number of NSR revisions that were issued 

from 1991 through the present (as of September 14, 20 12). The results of these queries are 

presented below in Table 2. Note that for the early years, the database may be incomplete due to 

revisions not being later transferred from paper format to the database. 

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Mr. Thomas Diggs 

September 19, 2012 

Page2 

T a bl e 2 NSRR evtswns .. (1991 - s >eplem t b er 14 , 2012) 

Administrative Technical Significant 

Year Revisions Revisions Revisions 

1991 2 0 0 

1992 0 0 0 

1993 0 0 2 

1994 0 0 0 

1995 0 0 I 

1996 0 0 2 

1997 1 0 2 

1998 7 I 0 

1999 10 1 1 

2000 6 3 2 

2001 21 1 11 

2002 89 20 45 

2003 162 12 41 

2004 243 21 29 

2005 149 18 53 

2006 183 30 44 

2007 233 28 37 

2008 94 21 22 

2009 339 23 29 

2010 216 14 52 

2011 207 25 64 

2012 96 16 52 

To provide a perspective of how often the exemptions in Section 202 have been used by sources, 

we queried the NMED TEMPO permitting database for a list of all active sources with Subject 

Item (e.g., equipment, activity or process) entries with a status description of Backup/Standby, 

Exempt, Insignificant, or Emergency. Note that each of these entries might or might not have 

been directly associated with the exemption language in Section 202 as the basis of the 

exemption is not entered into the database. The query produced a list of 942 subject items, 

categorized as follows: 

• Backup/Standby (Subject Items include engines, generators, turbines and heaters)- 22 

Subject Items, some of which include multiple units; 

• Emergency (Subject Items include flares, generators, pumps and tanks)- 30 Subject 

Items; 
Mr. Thomas Diggs 

September 19, 2012 

Page 3 

• Exempt (Subject Items include blowdown vents, electric compressor engines, glycol 

dehydrators, liquid loading, generators, engines, heaters, tanks, miscellaneous activities 

and miscellaneous equipment)- 493 Subject Items, some of which include multiple 

units; and 

• Insignificant (Subject Items include truck loading, flares, generators, engines, tanks, 

storage piles, fugitives, etc.)- 397 Subject Items, some of which include multiple units. 

Considering those entries that identify the number of exempt or insignificant units, there are in 

excess of 2,000 active individual units that may have been subject to exemptions, yet over the 

course of more than a decade these items have not resulted in a measured exceedance of any 

NAAQS. Please be aware that the required entry of exempt units into the database for NSR 

actions ceased several years ago, so there are additional exempt units that may not be identified 

in the query results. Some of the equipment identified as insignificant are identified as such for 

Title V; these sources may or may not have claimed an exemption under Part 72. 

In addition to the information entered into TEMPO, there are also permitting files in the AQB 

offices including No Permit Required and Notice of Exemption documentation that are 

unaccounted for in the numbers above. 

For all of these reasons, NMED requests that EPA approve the exemption language in 

20.2.72.202 NMAC as ensuring that NAAQS are met through the 20.2.72 NMAC construction 

permit program. 

If you have any other questions regarding this issue, please contact Kerwin Singleton of my staff 

at 505-476-4350 or via email at kerwin.singleton@state.nm.us. 

Sincerely, 

~J~//~~ Richard L. Goodyear, PE / ' 

Bureau Chief 

cc: Jeff Robinson, EPA Region 6 

Ashley Mohr, EPA Region 6 
Table I: Exemption Justification 

CLASSIFICATION ACTIVITY OR SOURCE JUSTIFICATION 

202.A - Exemptions 202.A.l Building or Grounds Emissions similar to (and in total add up to far less than) those of homeowners 

Maintenance who are unregulated. 

202.A.2 equipment maintenance Insignificant. Proper maintenance of pollution control equipment is required in 

permits. 

202.A.3 non-road vehicle exhaust The construction permit program is not designed to address indirect sources; in 

the event that an area becomes nonattainment indirect sources would be 

addressed in the SIP 

202.A.4 firefighting Emissions will be less than those of the fire itself 

202.A.5 military activities This refers to training maneuvers and weapons testing, which are conducted on 

large military ranges far from the public. Visible emissions are not allowed to 

cross into publicly accessible areas, and activities cannot be subject to an NSPS 

orNESHAP. 

202.A.6 office activities Insignificant 

202.A. 7 characterization test drilling Insignificant 

202.A.8 windblown dust This refers to non-anthropogenic emissions, not to dirt roads or work areas at a 

facility. The Natural Events Action Plan addresses windblown dust. Any 

exceedances due to windblown dust would be part of an exceptional events 

demonstration under the Exceptional Events Rule. 

202.A.9 residential activities Collectively, woodstoves and fireplaces can be a significant area source of 

emissions, but construction permits are not the appropriate means for 

regulation. Estimated that burning two 5-lb logs per hour would generate I lb/hr 

CO emissions. 

202.A.l 0 calibration gases Insignificant. Note that calibration of CEMs is r~uired. 

202.A.ll food service This does not apply to large facilities that manufacture food products, but rather 

the preparing and serving of food to the public on the premises, such as 

cafeteria activities. Emissions are insignificant. 

202.A.l2 repair shops (not solvents or Emissions aside from solvents and painting (which are not included in this 

painting) exemption) are insignificant. 

202.A.l3 portable aerospace The construction permit program is not designed to address indirect sources; in 

equipment supporting aircraft the event that an area becomes nonattainment indirect sources would be 

addressed in the SIP. Also, in the NMED jurisdiction there are no airports large 

enough for these emissions to be significant. 

202.A.l4 bridge, water tower, highway Leaded paint no longer used. NM Department of Transportation regulations 

display maintenance require contractor to contain emissions and to properly dispose of waste 

material. No significant impact to air quality, short term emissions. 

202.A.l5 equipment repositioning There is no impact to air quality, as relocation of emission points and increases 

of emissions or ambient impacts are not allowed. 

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Table 1: Exemption Justification 

202.B - Sources and 202.B.l heating and hot water As this exemption is limited to heating buildings for personal comfort or 

Activities Requiring equipment less than BTU per hour producing hot water for personal use, emissions are similar to (and in total add 

Notification on Permit thresholds up to far less than) those of homeowners who are unregulated. A five million 

Application or as BTU/hr furnace was estimated to emit approximately 0.6 tons of CO, 2.7 tons 

Administrative Permit ofNOx, and 0.15 tons ofVOC per year. 

Revisions 202.8.2 VOCs with vapor pressure These tanks are not subject to NSPS Subpart Kb except to record size. The 

<0.2 PSI (<10 mmHg) TANKS program indicated that a 5141 barrel (fixed roof, open vent) tank with 

one turnover per day of a VOC that does not exceed these vapor pressures 

would emit 1.9 pound per hour or 5.2 tpy ofVOC. 

202.8.3 standby J(enerators 500 hr/yr limit is less than 21 days/yr of operation. 

202.B.4 emission point repositioning There is no impact to air quality, since an increase in emissions or ambient 

or relocation impacts is not allowed. 

202.8.5 de minimis emissions The threshold of one half ton is 0.5% of the 100 ton PSD permitting threshold 

and 2% of NM's 25 ton minor source permitting threshold. The level of 

significance in statistics is generally 5%. The de minimis emissions are 

sufficiently insignificant to be exempted. 

202.8.6 de minimis surface coating Threshold equated to approximately 1300 gallons of paint. The two tpy of 

emissions VOC threshold is 2% of the 100 ton PSD permitting threshold and 8% ofNM's 

25 ton minor source permitting threshold. Such activities are appropriately 

addressed under the administrative permit revision provisions. 

202.8. 7 particulates from abrasive Blasting must be enclosed within buildings, with no visible emissions released 

blasting in enclosed buildings from the building. Emissions are thus insignificant. 

202.C Sources and Sources and Activities Requiring If notification received and the source does not trigger the 10 lbs/hr/25 tpy 

Activities Exempted Due Notification Under NOI, NSPS, permitting threshold, no need to obtain a permit under Part 72. 

to Reporting NESHAP except asphalt plants and 

Requirements Under rock crushers 

Other Rel(Ulations 

202.D - Portable Source 202.D.l Addresses relocation for No net effect, emissions are relocated from one location to another. Source 

Relocation (Notice Only) sources already permitted under Part must meet permit conditions and not violate NAAQS. Modeling conducted for 

72 initial permit determines setbacks for relocations. 

202.D.2 Portable Compressor Engines 

with Streamlined Permits ' 

202.D.3 All other portable sources 

(includes rock crushers and asphalt 

plants 

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