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Technical Support Document 

New Mexico Administrative Code (NMAC), Title 20 Environmental Protection, 

Chapter 2 Air Quality (Statewide), Part 12 Cement Kilns (NMAC 20.2.12 – Cement Kilns) 

EPA-R06-OAR-2014-0821 

November 2014 
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The purpose of this Technical Support Document (TSD) is to evaluate the New Mexico State 

Implementation Plan (SIP) revision repealing New Mexico Administrative Code (NMAC) 

20.2.12 – Cement Kilns. The revision was approved by the New Mexico Environmental 

Improvement Board (the Board) on July 11, 2014. The revision was submitted to EPA with a 

letter dated July 31 from the New Mexico Environment Department (NMED) Secretary Ryan 

Flynn. This revision was received by EPA on August 27, 2014. 

The New Mexico Administrative Code, Title 20 Environmental Protection, Chapter 2 Air 

Quality (Statewide), Part 12 Cement Kilns (NMAC 20.2.12 – Cement Kilns) was last approved 

into the New Mexico SIP on 09/26/97 (62 FR 50518), and codified at 52.1620(c)(66). The rule 

became federally effective on 11/25/97. See table below. 

EPA-approved NMAC 20.2.12 - Cement Kilns Rule (09/26/97, 62 FR 50518) 

100. ISSUING AGENCY: Environmental Improvement Board. [11-30-95] 

101. SCOPE: All geographic areas within the jurisdiction of the Environmental Improvement Board. 

[11-30-95] 

102. STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Section 74-1-

8(A)(4) and (7), and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including 

specifically, Section 74-2-5(A), (B) and (C). [11-30-95] 

103. DURATION: Permanent. [11-30-95] 

104. EFFECTIVE DATE: November 30, 1995. [11-30-95] 

105. OBJECTIVE: The objective of this Part is to establish particulate matter emission standards for 

cement kilns. [11-30-95] 

106. AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This Part amends and 

supersedes Air Quality Control Regulation ("AQCR") 502 - Cement Kilns last filed January 27, 1970. 

[11-30-95] 

 A. All references to AQCR 502 in any other rule shall be construed as a reference to this Part. 

[11-30-95] 

 B. The amendment and supersession of AQCR 502 shall not affect any administrative or judicial 

enforcement action pending on the effective date of such amendment nor the validity of any permit 

issued pursuant to AQCR 502. [11-30-95] 

107. DEFINITIONS: In addition to the terms defined in Part 2 - Definitions, as used in this Part: [11-

30-95] 
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EPA-approved NMAC 20.2.12 - Cement Kilns Rule (09/26/97, 62 FR 50518) 

 A. "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico 

Administrative Code, unless otherwise noted; as adopted or amended by the Board. [11-30-95] 

108. EMISSION LIMITATIONS: The owner or operator of a cement kiln shall not permit, cause, 

suffer or allow particulate matter emissions in excess of the 230 mg/m3 of exhaust gas. [11-30-95] 

There are no cement kilns in NMED’s jurisdictional area. There is a cement plant in New 

Mexico, but that plant is located in Bernalillo County, New Mexico which is not within NMED’s 

area of jurisdiction. The current EPA-approved NMAC 20.2.12 - Cement Kilns only regulates 

PM emissions limitations from a kiln measured in terms of mass per volume of exhaust gas (230 

mg/m3). See section 108 of the rule, above. Demonstrating compliance with this emission 

limitation requirement is less practical than demonstrating compliance with the comparable 

NSPS because it is not clinker-production based, and furthermore this standard is obsolete, as no 

such source exists in NMED’s area of jurisdiction. In other words, the current EPA-approved 

NMAC 20.2.12 - Cement Kilns is outdated in format and considered superfluous. 

As a part of NMED’s initiative to enhance and steam line its permitting process a State report 

entitled “Improving Environmental Permitting” recommended repeal of NMAC 20.2.12 - 

Cement Kilns. 

Should an affected source, according to pre-repeal NMAC 20.2.12 - Cement Kilns, locate within 

NMED’s jurisdiction in the future, that source will be subject to federal New Source 

Performance Standard (NSPS) requirements. See 40 CFR 60, Subpart F. In addition, hazardous 

air pollutants from such a plant would be subject to federal requirements of Emission Standards 

for Hazardous Air Pollutants (NESHAP), contained in 40 CFR 61; and Maximum Achievable 

Control Technology (MACT) standards contained in 40 CFR 63. See appendix A of this TSD. 

These standards are more current, practical, and stringent than the existing NMAC 20.2.12 - 

Cement Kilns emission limitation. 

The NMED periodically incorporates these technology-based standards by reference into its SIP. 

The Board adopted these standards by reference in November 2013. 
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Section 110(l) analysis: 

Clean Air Act Section 110(l) requires that a SIP revision submitted to EPA be adopted after 

reasonable notice and public hearing. Section 110(l) also requires that we not approve a SIP 

revision if the revision would interfere with any applicable requirement concerning attainment 

and reasonable further progress, or any other applicable requirement of the CAA. Records 

contained in the submitted SIP demonstrate that the State has complied with public hearing and 

reasonable notice requirements. See Exhibit 9 of the submittal. Furthermore; in support of its 

submittal to repeal NMAC 20.2.12 - Cement Kilns State provides the following information: 

 The emission limits in Part 12 are based on mass of particulate matter in the volume of 

stack gas, whereas the NSPS emission limits are based on mass of PM per ton of clinker 

produced. 

 In addition to limiting emissions from the cement kiln, the NSPS limits emissions from 

the grinding, cooling and materials handling operations in the cement manufacturing 

process. 

 Currently, there are no cement manufacturing facilities under the jurisdiction of the 

NMED, and they do not anticipate any new kilns to be built in the near future. In the 

unlikely event of a new cement plant locating in the area, then that source will be subject 

to the more stringent and updated federal requirement under National Emission Standards 

for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry and 

Standards of Performance for Portland Cement Plants. See February 12, 2013 (78 FR 

10006). 

 In consultation with the Air Quality Bureau's permitting staff and after searching its 

database of facilities, NMED found that no cement kilns exist in New Mexico outside of 

Bernalillo County or on Tribal Lands. Further, external sources of information from the 

United States Geological Survey and trade publications support this determination. See 

Exhibit 8 of the submittal. 
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 Repeal of Part 12 will benefit the State by removing potential confusion and ambiguity in 

the permitting process by means of providing greater regulatory certainty to 

manufacturing plants while retaining the public health protections afforded under the 

NSPS program, should a cement kiln be constructed in New Mexico. 

We have reviewed the above factors, and agree with the State’s determination. The repeal of 

entire NMAC 20.2.12 - Cement Kilns does not result in an increase in the amount and number 

sources of PM emissions. The SIP supports a finding that Section 110(l) has been complied with, 

and there will be no SIP relaxation. Therefore, we recommend to approve repeal of entire 

NMAC 20.2.12 - Cement Kilns into the New Mexico SIP. 

Conclusion: We recommend approving the repeal of NMAC 20.2.12 - Cement Kilns from the 

federally-approved New Mexico SIP. 
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Appendix A- Repeal of NMAC 20.2.12 - Cement Kilns