Bill Richardson

Governor

. ','.. 11 ~~.t. G

:;\;~:-V\:::,u\;{\.i(St~fe of New Mexico .,. Office ofthe Governor

May 2, 2007

Mayor Richard Greene

Regional Administrator

u.s. Environmental Protection Agency, Region 6

1445 Ross Avenue

Dallas, Texas 75202-2733

Dear Mayor Greene:

On behalf ofthe New Mexico Environment Department, I am pleased to submit to the

Environmental Protection Agency the enclosed amendment to the New Mexico State

Implementation Plan (SIP). This amendment includes revisions to the Sunland Park Ozone

Nonattainment Area SIP. The hearing record for this SIP revision is attached, which includes the

hearing transcript, exhibits, public notices, affidavits ofpublication, notice ofintent to testify,

and public comments.

Ifthere are any questions concerning this SIP submittal, please contact Mary UbI, Air

Quality Bureau Chief, at (505) 827-8086.

Sincerely,

Bill Richardson

Governor ofNew Mexico

BR/mw

Enclosures

Cc; AJan Shar, EPA Region 6

flom Diggs, EPA Region 6

Ron Curry, NMED, Cabinet Secretary

Jim, Norton, NMED, Environmental Protection Division Director

Mary UbI, NMED, Air Quality Bureau Chief

State Capitol • Room 400 • Santa Fe, New Mexico 87501 • 505-476-2200 • www.govemor.state.nm.us
EXHIBIT 2

8-HoUR OZONE MAINTENANCE PLAN FOR THE

SUNLAND PARK, NEW MEXICO

NONATTAINMENT AREA
8-HOUR OZONE MAINTENANCE PLAN 

FOR THE SUNLAND PARK, NEW MEXICO 

NONATTAINMENT AREA

AIR QUALITY BUREAU

NEW MEXICO ENVIRONMENT DEPARTMENT 

2044 GALISTEO

SANTA FE, NEW MEXICO 87505 

 
i

EXECUTIVE SUMMARY

Due to the revocation of the 1-hour National Ambient Air Quality Standard (NAAQS) for ozone, 

the US Environmental Protection Agency (EPA) required that all areas that were currently 

nonattainment for the 1-hour NAAQS, but in attainment for the new 8-hour NAAQS for ozone 

conduct an analysis to redesignate those nonattainment areas to attainment/maintenance status. 

Sunland Park has been designated nonattainment since 1995 for violations of the 1-hour NAAQS 

for ozone. Ozone is a criteria pollutant regulated under the Clean Air Act (CAA). The Sunland 

Park nonattainment area is approximately 42 square miles (sq. mi.) in area and includes the 

communities of Sunland Park, Santa Teresa, and La Union. Sunland Park, La Union and Santa 

Teresa are located along the border region of New Mexico and are adjacent to El Paso, Texas, 

and Ciudad Juarez, Mexico, or what is commonly referred to as the Paso del Norte Airshed. Air 

quality within the Paso del Norte Airshed has improved over the last 10 years due to cooperative 

efforts between the State of Texas, the State of New Mexico, and Mexico through organizations 

such as the Paso Del Norte Joint Advisory Committee. 

EPA considers an area to be in attainment for the 1-hour ozone NAAQS if the level of 0.12 parts 

per million (ppm) for a 1-hour exposure not to be exceeded more than once per year, averaged 

over 3 years. Between the years of 2000 and 2002 there was one monitored level over the 1-hour 

NAAQS, and no monitored exceedances of the 8-hour ozone NAAQS. 
ii

ACRONYMS

AIRS – aerometric information retrieval system 

AQB – New Mexico Environment Department Air Quality Bureau 

BTU – British Thermal Units 

CAA - Clean Air Act 

CFR - Code of Federal Regulations 

CNG – compressed natural gas 

EIIP - emissions inventory improvement program 

EPA - U. S. Environmental Protection Agency 

FR - Federal Register 

GCCS – gas collections and control system 

HAP – hazardous air pollutant 

HDDV - heavy duty diesel powered vehicles 

HDGV - heavy duty gasoline powered vehicles 

HFE – high float emulsions 

HHDDT - heavy heavy-duty diesel trucks 

LPG – liquid petroleum gas 

LDDV - light duty diesel powered vehicles, from 0-6000 lbs gross vehicle weight 

LDDT - light duty diesel powered trucks 

LDGV - light duty gasoline powered vehicles 

LDGT1 - light duty gasoline powered trucks, from 0-6000 lbs gross vehicle weight 

LDGT2 - light duty gasoline powered trucks, from 6001-8500 lbs gross vehicle weight 

MC - motorcycles 

MPO – Metropolitan Planning Organization 

NAAQS – national ambient air quality standards 

NEI – National Emissions Inventories for the US 

NMED – New Mexico Environment Department 

NMIM - National Mobile Inventory Model 

NMOC – non-methane organic compound 

NSR - new source review 

NOx - nitrogen oxides 

O3 - Ozone 

PPM - parts per million 

PPD – pounds per day 

PSTB – New Mexico Environment Department Petroleum Storage Tank Bureau 

SIP - State Implementation Plan 

TCEQ – Texas Commission on Environmental Quality 

TEMPO – temporal database for New Mexico Environment Department information retrieval 

system 

TPD - tons per day 

TPY – tons per year 

VMT - vehicle miles traveled 

VOC - volatile organic compounds 
iii

TABLE OF CONTENTS

EXECUTIVE SUMMARY ____________________________________________________________I

ACRONYMS_______________________________________________________________________II

INTRODUCTION __________________________________________________________________ 1

INTRODUCTION ______________________________________________________________________ 1

POPULATION ________________________________________________________________________ 2

MAINTENANCE PLAN _____________________________________________________________ 3

MAINTENANCE PLAN _________________________________________________________________ 3

ATTAINMENT INVENTORY _____________________________________________________________ 3

MAINTENANCE DEMONSTRATION _______________________________________________________ 4

MONITORING NETWORK _______________________________________________________________ 6

VERIFICATION OF CONTINUED ATTAINMENT _______________________________________________ 6

CONTINGENCY PLAN__________________________________________________________________ 6

EMISSION INVENTORY FOR SUNLAND PARK NEW MEXICO_________________________ 8

INTRODUCTION ______________________________________________________________________ 8

AREA SOURCE EMISSIONS _____________________________________________________________ 8

INDUSTRIAL COMBUSTION SOURCES _____________________________________________________ 9

A. Brick Manufacturer: _______________________________________________________________ 9

B. The Food Processing Company: ______________________________________________________ 9

C. The Supplier of Sterilized Medical Equipment: _________________________________________ 10

D. Telecommunication Equipment: _____________________________________________________ 11

E. Copper Conductor Manufacturer: ____________________________________________________ 11

F. Manufacturer of Automotive Fabrics: _________________________________________________ 12

G. Crematoriums:___________________________________________________________________ 12

H. Landfill Gas Flare: _______________________________________________________________ 13

SUMMARY OF INDUSTRIAL COMBUSTION SOURCES: ________________________________________ 13

COMMERCIAL COMBUSTION SOURCES ___________________________________________________ 14

A. Commercial Natural Gas Use: ______________________________________________________ 14

B. Commercial LPG Use: ____________________________________________________________ 15

C. Commercial Distillate Use: ________________________________________________________ 16

D. Commercial Coal Use: ____________________________________________________________ 16

SUMMARY OF ALL COMMERCIAL COMBUSTION SOURCES: ___________________________________ 17

RESIDENTIAL COMBUSTION SOURCES ___________________________________________________ 17

A. Residential LPG Use:_____________________________________________________________ 18

B. Residential Natural Gas Use: _______________________________________________________ 18

C. Residential Coal Use: _____________________________________________________________ 19

D. Residential Distillate Oil Use: ______________________________________________________ 19

E. Residential Electricity Use: ________________________________________________________ 20
iv

SUMMARY OF RESIDENTIAL COMBUSTION SOURCES: _______________________________________ 20

OPEN BURNING SOURCES _____________________________________________________________ 20

A. Open Burning of Trash: ___________________________________________________________ 21

B. Structure Fires: __________________________________________________________________ 21

C. Grass Fires:_____________________________________________________________________ 22

D. Orchard heaters: _________________________________________________________________ 22

F. Forest fires: _____________________________________________________________________ 22

G. Agricultural burning: _____________________________________________________________ 22

SUMMARY OF EMISSIONS FROM ALL OPEN BURNING SOURCES:_______________________________ 25

SUMMARY OF ALL COMBUSTION SOURCES _______________________________________________ 25

EVAPORATIVE COMBUSTION SOURCES __________________________________________________ 26

A. Aircraft Refueling: _______________________________________________________________ 26

B. Asphalt Paving __________________________________________________________________ 26

C. Bioprocess:_____________________________________________________________________ 27

D. Catastrophic or Accidental Chemical Spills and Releases: ________________________________ 27

E. Surface Coating Operations:________________________________________________________ 27

F. Dry Cleaning: ___________________________________________________________________ 28

G. Graphic Arts: ___________________________________________________________________ 28

H. Leaking Underground Storage Tanks: _______________________________________________ 28

I. Miscellaneous Other Sources: _______________________________________________________ 29

J. Oil and Gas Production: ___________________________________________________________ 29

K. Pesticide Application: ____________________________________________________________ 29

L. Service (Gasoline) Stations: ________________________________________________________ 35

M. Solvent Use: ___________________________________________________________________ 35

N. Surface Cleaning:________________________________________________________________ 35

O. Synthetic Organic Chemical Storage Tanks____________________________________________ 35

P. Tank Breathing Losses: ___________________________________________________________ 35

Q. Tank, Tank Truck, Rail Car, Barge, and Drum Cleaning: _________________________________ 37

R. Tank Truck Unloading - Tank Loading: ______________________________________________ 37

S. Waste Treatment Facilities: ________________________________________________________ 38

SUMMARY OF ALL EVAPORATIVE EMISSION SOURCES ______________________________________ 39

POINT SOURCE EMISSIONS ____________________________________________________________ 41

SOURCES WITHIN THE NONATTAINMENT AREA____________________________________________ 41

A. El Paso Electric:_________________________________________________________________ 41

B. Foamex International Inc: _________________________________________________________ 42

SOURCES WITHIN A 25 MILE RADIUS OF THE NONATTAINMENT AREA__________________________ 42

A. Sources within New Mexico: _______________________________________________________ 42

B. Sources within El Paso County, Texas:________________________________________________ 44

SUMMARY OF POINT SOURCE EMISSIONS_________________________________________________ 45

MOBILE SOURCE EMISSIONS___________________________________________________________ 47

ON-ROAD MOBILE SOURCES __________________________________________________________ 47

NON-ROAD MOBILE SOURCES _________________________________________________________ 48

BIOGENIC SOURCE EMISSIONS _________________________________________________________ 49
v

Tables and Maps 

MAP 1-1. SUNLAND PARK 1-HOUR OZONE NONATTAINMENT AREA _________________ 2

TABLE 2-1. SUMMARY OF ALL SOURCE CATEGORIES FOR 2002. _____________________ 3

TABLE 2-2. EMISSIONS IN PASO DEL NORTE AIRSHED. _____________________________ 4

TABLE 2-3. SUMMARY OF ALL SOURCE CATEGORIES FOR 2014. _____________________ 5

TABLE 2-4. MONITORING STATIONS IN THE SUNLAND PARK NONATTAINMENT AREA.

__________________________________________________________________________________ 6

TABLE 3-1 SUMMARY OF INDUSTRIAL COMBUSTION SOURCES. ___________________ 13

TABLE 3-2. SUMMARY OF COMMERCIAL COMBUSTION SOURCES. _________________ 17

TABLE 3-3. SUMMARY OF RESIDENTIAL COMBUSTION SOURCES __________________ 20

TABLE 3-4 SUMMARY OF EMISSIONS FROM AGRICULTURAL BURNING. ___________ 24

TABLE 3-5. SUMMARY OF ALL OPEN BURNING SOURCES.__________________________ 25

TABLE 3-6. SUMMARY OF ALL AREA COMBUSTION SOURCES._____________________ 26

TABLE 3-7. AGRICULTURE IN DOÑA ANA COUNTY, NEW MEXICO _________________ 30

TABLE 3-8. HOW PESTICIDE USE WAS APPORTIONED DOWN TO: 1) THE COUNTY 

LEVEL, THEN 2) DOWN TO THE LEVEL OF THE SUNLAND PARK NONATTAINMENT 

AREA. ___________________________________________________________________________ 30

TABLE 3-9. PESTICIDES WITH VAPOR PRESSURES <1 X 10 -6 MMHG. _______________ 31

TABLE 3-10. PESTICIDES WITH VAPOR PRESSURES 1 X 10-4 TO 1 X 10 -6 MMHG._____ 33

TABLE 3-11. PESTICIDES WITH VAPOR PRESSURES >1 X 10 -4 MMHG. ______________ 34

TABLE 3-12. SUMMARY OF TANK SOURCE, CONTENT, AND SIZE. __________________ 36

TABLE 3-13. SUMMARY OF TANK SOURCE, CONTENT, AND SIZE FOR TANK 

UNLOADING AND LOADING.______________________________________________________ 37
vi

TABLE 3-14. SUMMARY OF ALL EVAPORATIVE SOURCES. _________________________ 39

TABLE 3-15. EMISSIONS FROM EL PASO ELECTRIC CO. ____________________________ 41

TABLE 3-16. EMISSIONS FROM FOAMEX INTERNATIONAL INC. ____________________ 42

TABLE 3-17. EMISSIONS FROM THE NEW MEXICO STATE UNIVERSITY PHYSICAL

PLANT. __________________________________________________________________________ 43

TABLE 3-18. EMISSIONS FROM THE EL PASO NATURAL GAS - AFTON COMPRESSOR 

STATION AND THE LAS CRUCES WASTE WATER TREATMENT FACILITY FOR 2002. _ 44

TABLE 3-19. POINT SOURCES IN EL PASO, TX EMITTING 100 OR MORE TONS PER YEAR 

OF EITHER CO, NOX, OR VOC: ANNUAL EMISSIONS. ______________________________ 44

TABLE 3-20. POINT SOURCES IN EL PASO, TX EMITTING 100 OR MORE TONS PER 

YEAR OF EITHER CO, NOX, OR VOC: DAILY EMISSIONS FOR THE OZONE SEASON. _ 45

TABLE 3-21. SUMMARY OF POINT SOURCE EMISSIONS IN THE SUNLAND PARK AREA.

_________________________________________________________________________________ 46

TABLE 3-22. SUMMARY OF EMISSIONS FROM ON-ROAD MOBILE SOURCES IN THE 

SUNLAND PARK NONATTAINMENT AREA. ________________________________________ 47

TABLE 3-23. SUMMARY OF NON-ROAD MOBILE SOURCE EMISSIONS FOR SUNLAND 

PARK FOR 2002. __________________________________________________________________ 48

TABLE 3-24. COUNTY-WIDE BIOGENIC EMISSIONS FOR DOÑA ANA COUNTY, NEW 

MEXICO _________________________________________________________________________ 49
1

INTRODUCTION

Introduction 

The Sunland Park Ozone (O3) Nonattainment area is approximately 42 square miles (sq. mi.) in 

area (see Map 1). The northern portion extends from the north boundary at latitude 32° 00' south 

to about latitude 31° 49'. This area is roughly 3.5 miles (mi) wide by 6.25 mi. high for a total of 

21.9 sq. mi. The southern portion extends from 31° 49' south to the Mexico border and is about 

8 mi. wide by 2.5 mi. high for a total of 20.0 sq. mi. This 42 sq. mi. area represents only 1.10% 

of the countywide area (3804 sq. mi.). The nonattainment area includes the communities, from 

south to north, of Sunland Park, Santa Teresa, and La Union. The area is largely rural with a 

small population and predominately agricultural land use along the Rio Grande, especially north 

of Santa Teresa. 

The Sunland Park O3 Nonattainment area lies within Doña Ana County, New Mexico. Doña 

Ana County has a total area of 3,804 sq. mi. and a population of 180,077 (estimate 2002). Much 

of this population is located within the city of Las Cruces, which is outside the nonattainment 

area. 

Monitoring for several air pollutants, especially particulates and sulfur dioxide, has been 

conducted in the Sunland Park area since the mid 1970's. Some monitoring for ozone was 

conducted in La Union in the mid to late 1970's. Continuous monitoring for ozone has been 

conducted in La Union since 1984. Monitoring for O3 in Sunland Park did not begin until 1992. 

The first recorded exceedance of the 1-hour O3 National Ambient Air Quality Standard 

(NAAQS) occurred on September 18, 1992 in Sunland Park. 

Sunland Park was officially designated as nonattainment for ozone in a Federal Register 

announcement published June 12, 1995 (60 FR 30789). See Appendix A for the full text of the 

Federal Register notice. Sunland Park was designated as a marginal nonattainment area, which is 

the lowest or least "serious" classification. When the base year inventory was conducted for 

Sunland Park a total of 12 exceedances of the federal ozone NAAQS (0.12 ppm for a 1-hour 

exposure not to be exceeded more than once per year, averaged over 3 years) had been 

documented. Ten of the 12 exceedances (83%) occurred during the months of August, 

September, and October. The three highest values occurred in August and September. Since 

1997, there has been a stabilizing trend in Sunland Park. Between the years of 2000 and 2002, 

there was one monitored level over the 1-hour NAAQS. There were seven monitor levels over 

the 8-hour O3 NAAQS between 2000-2002, but none caused an exceedance of the NAAQS (see 

Appendix B for monitoring data). 

A State Implementation Plan (SIP) for the Sunland Park O3 Nonattainment area was submitted to 

the U.S. Environmental Protection Agency (EPA) in 1997. The SIP for Sunland Park included a 

request for an oxide of nitrogen (NOx) waiver. The requirements for NOx waiver are found 

under Section 182(f) of the Clear Air Act (CAA) and provide that if it is determined by EPA that 

the overall net air quality benefits for an O3 nonattainment area will be achieved without the 
2

reduction of NOx emissions a waiver can be issued. Appendix C includes the SIP for Sunland 

Park and the NOx waiver request. The Sunland Park SIP and the NOx waiver were both 

approved by the EPA on February 8, 2002 (67 FR 6147). See Appendix D for the full text of the 

Federal Register notice. 

Population 

The Sunland Park nonattainment area is included within the El Paso Metropolitan Planning 

Organization (MPO). For population and employment determinations the MPO divided the area 

into four segments: 1) Sunland Park, 2) Santa Teresa, 3) La Union, and 4) Gadsden (the area 

north of La Union). Combined population for the nonattainment for the 2002 (estimated) was 

16,269, respectively. This small area represents only 9.03% of the total county population 

(180,077). 

Map 1-1. Sunland Park 1-Hour Ozone Nonattainment Area 

Las Cruces, the largest city in the county, is located approximately 35 miles away from the 

Sunland Park nonattainment area and has never recorded an exceedance of the ozone standard. 

The close proximity (less than 10 mi.) of the Sunland Park nonattainment area to the much larger 

cities of El Paso, Texas (2002 estimated population of 577,189 people,) and Juarez, Mexico 

(estimated at over 1.2 million people in 2000), is suspected to be the primary cause for Sunland 

Park’s violations of the federal 1-hour O3 NAAQS. 
3

MAINTENANCE PLAN

Maintenance Plan 

Section 107(d)(3)(E) of the CAA mandates that for a nonattainment area to be reclassified to 

attainment, EPA must fully approve a maintenance plan for the area that meets the requirements 

of section 110. A maintenance plan is a SIP revision under CAA section 110 must provide for 

maintenance of the 8-hour O3 NAAQS at least ten years after the EPA redesignates the area to 

attainment. The maintenance demonstration is satisfied if the state demonstrates that future 

emission inventories are consistently less than the attainment or baseline emission inventory. The 

effective date for designation for the Sunland Park Nonattainment area is June 15, 2004. The 

baseline inventory year for this plan is 2002 (Table 2-1), with a maintenance demonstration 

through 2014 (Table 2-3). 

The Required Components of a Maintenance Plan

 Attainment Inventory 

 Maintenance Demonstration 

 Monitoring Network 

 Verification of Continued Attainment 

 Contingency Plan 

Attainment Inventory 

The CAA requires that an emissions inventory be developed to identify the level of emissions in 

the nonattainment area that is sufficient to attain the NAAQS. For the Sunland Park 

Nonattainment area the attainment inventory uses a base year of 2002. The following table 

(Table 2-1) lists all actual emissions (area, point, mobile, and biogenic) for the base year of 2002 

for the O3 precursors nitrogen oxides (NOx), carbon monoxide (CO), and volatile organic 

compounds (VOC). Appendix E contains the most recent inventory conducted for the point 

source facilities. A complete attainment inventory for the Sunland Park Nonattainment area can 

be found in Section III of this report. 

Table 2-1. Summary of all source categories for 2002. TPY= tons per year. TPD = tons per day 

Source 

Category 

NOx 

TPY TPD 

CO 

TPY TPD 

VOC 

TPY TPD 

Area 30.40 0.0896 157.94 0.586 193.73 0.553 

Point 1,085.7 3.044 192.38 0.552 94.19 0.331 

Mobile 829.63 2.27 6,040.64 16.55 530.14 1.45 

Biogenic 5.74 0.015 n/a n/a 528.08 1.44 

TOTAL 

EMISSIONS 1,951.47 5.41 6,390.96 17.68 1,342.04 3.74 
4

Maintenance Demonstration 

To demonstrate maintenance of the NAAQS for a nonattainment area it is required by the CAA 

to either show that future emissions of a pollutant or its precursor will not exceed the attainment 

inventory developed for the area or provide modeling to show that future sources and emissions 

will not cause an exceedance of the NAAQS. 

Sunland Park, La Union and Santa Teresa are located along the border region of New Mexico 

and are adjacent to El Paso, Texas, and Ciudad Juárez, Mexico, or what is commonly referred to 

as the Paso del Norte Airshed. Air quality within the Paso del Norte Airshed has improved over 

the last 10 years due to cooperative efforts between the State of Texas, the State of New Mexico, 

and Mexico through organizations such as the Paso Del Norte Joint Advisory Committee. 

Although air quality has improved within this region, the area is still growing with a combined 

population of over 1.7 million people and increasing industrial sources along both sides of 

border. The Sunland Park Nonattainment area makes up less than .1% of the total population 

within the Paso del Norte Airshed, with total VOC, CO and NOx emissions that are 1.6 % of 

those in El Paso and Ciudad Juárez combined. Table 2-2 shows the contributions from El Paso 

County and Ciudad Juarez in comparison to the Sunland Park Nonattainment area. 

Table 2-2. Emissions in Paso del Norte Airshed. TPY = tons/year

Source *Ciudad Juárez TPY 

VOC NOx CO 

**El Paso County TPY 

VOC NOx CO 

Sunland Park TPY 

VOC NOx CO 

Mobile 20,208 25,590 155,583 9,939 17,122 148,277 530 830 6,040 

Area 68,085 14,082 52,393 8,640 872 5,993 190 30 158 

Point 2,308 18,133 13,821 861 4223 1,704 94 1,086 94 

Total 90,601 57,805 221,797 19,440 22,217 155,974 810 1,946 6,292 

Percentage 81.7 70.5 57.7 17.5 27.1 40.6 .73 2.4 1.6 

* The emissions data for Ciudad Juarez comes from, The 1999 Mexico NEI: Six Border States and are based on the inventory data for the State of 

Chihuahua. This is the only complete emission inventory data currently available for this area.

** The emissions data for El Paso comes from the, El Paso County 8-Hour Ozone Maintenance Plan and the El Paso Redesignation to 

Attainment for Carbon Monoxide and Maintenance Plan, both submitted to EPA by the Texas Commission on Environmental Quality in January 

of 2006. 

As shown above, Sunland Park contributes very little to the total air quality emissions within the 

Paso del Norte Airshed making it very difficult to demonstrate maintenance of the 8-hour ozone 

standard for 2014 using only the emissions from the Sunland Park Nonattainment area. Table 2-

3 shows the emissions for the Sunland Park Nonattainment area in 2014, based on a projected 

population growth of 3.2% per year (University of New Mexico, Bureau of Business and 

Economic Research). Even with the increase of emissions based on population growth for the 

year 2014, the emissions in the Sunland Park Nonattainment area are still only 2.2% of the 

emissions in the Paso del Norte Airshed. In light of the limited amount of pollutants generated 

within the Sunland Park Nonattainment area, New Mexico finds it impossible to base the 

demonstration of maintenance for the area on the limited emissions emitted within the Sunland 

Park Nonattainment area. 
5

Table 2-3. Summary of all source categories for 2014. TPY= tons per year. TPD = tons per day 

Source 

Category 

NOx 

TPY TPD 

CO 

TPY TPD 

VOC 

TPY TPD 

Area 42.07 0.115 218.59 0.598 262.44 0.719 

Point 1,502.6 4.12 266.25 0.729 130.36 0.357 

Mobile 1,147.96 3.14 8,360.24 22.90 733.71 2.010 

Biogenic 7.94 0.015 n/a n/a 730.86 2.002 

TOTAL 

EMISSIONS 2,700.57 7.39 8,445.08 24.27 1,857.37 5.088 

As an alternative, New Mexico will demonstrate the continued maintenance of the 8-hour O3

NAAQS in the Sunland Park Nonattainment area through the use of cooperative efforts with the 

State of Texas and Mexico and current permitting requirements for point sources within the 

nonattainment area. 

Cooperative Efforts within the Paso del Norte Airshed

The Joint Advisory Committee for the Improvement of Air Quality in the Ciudad Juárez, 

Chihuahua, El Paso, Texas, and Doña Ana County, New Mexico Air Basin (JAC) was 

established in 1996 to provide the local community with the means to participate as partners in 

the improvement of air quality in the Paso del Norte region. The JAC is a binational committee 

made up of private citizens, private sector representatives, university officials, federal, state, and 

local government officials, and non-governmental environmental and public health 

organizations. The JAC is charged with the development and recommendation of air quality 

improvement projects and programs to the Air Work Group established under the 1983 U.S.-

Mexico La Paz Agreement. The JAC serves as the local community-based organization 

overseeing the process to achieve cleaner air for the Paso del Norte region. New Mexico has 

been an active participant in the JAC and has worked with the committee to assist in decreasing 

emissions of ozone precursors within the Paso del Norte Airshed. 

Permitting Requirements

There are currently two major sources of air pollution, El Paso Electric – Rio Grande Generating 

Station and FOAM –EX, Santa Teresa Plant, in the Sunland Park O3 Nonattainment area. Both 

of these facilities have Title V permits with the State of New Mexico (see Appendix F). The 

purpose behind Title V permits is to reduce violations of air pollution laws and improve 

enforcement of air quality control laws. This is accomplished through enforceable emission 

limitations and standards; a compliance schedule; a requirement that the permittee submit to the 

permitting authority, no less often than every 6 months, the results of any required monitoring; 

and such other conditions as are necessary to assure compliance with applicable requirements of 

their permit. Permit conditions for the El Paso Electric and FOAMEX, along with state 

regulations will ensure that future sources and emissions of VOC and CO will not cause an 

exceedance of the NAAQS (see appendix G for current state regulations pertaining to VOC and 
6

CO emissions and permit conditions). The Sunland Park O3 Nonattainment area currently has a 

NOx waiver, see Appendix D for that waiver. 

Monitoring Network 

 

To verify compliance with the NAAQS for O3 once an area has been redesignated to 

attainment/maintenance, an appropriate air quality monitoring network needs to be maintained 

by the state. The monitoring network needs to be in accordance with 40 CFR 58. 

The AQB will continue to use the current O3 monitoring network already established in the 

Sunland Park Nonattainment area to verify attainment of the NAAQS in the area. This 

monitoring network is in accordance with 40 CFR 58. Table 2-4, below, contains information on 

the current O3 monitoring network in the Sunland Park Nonattainment area. 

Table 2-4. Monitoring Stations in the Sunland Park Nonattainment Area. 

Name AIRS Monitor ID County Site ID Monitoring Period

Sunland Park, NM 35-013-0017 0071 1989-Present 

Desert View, NM 35-013-0021 0021 1996-Present 

Santa Teresa, NM 35-013-0022 0022 1996-Present 

La Union, NM 35-013-0008 0008 1974-Present 

Verification of Continued Attainment 

To guarantee that attainment will be continued in the future, the state needs to ensure that they 

have the legal authority to implement and enforce all air quality measures needed to attain and 

maintain the 8-hour NAAQS for O3. The current permit conditions for El Paso Electric and 

FOAM-EX and state regulations NMAC 20.2.70 – Operating Permits and NMAC 20.2.72 – 

Construction Permits verify that New Mexico has the continued legal authority needed to 

implement and enforce air quality controls to maintain the NAAQS for O3 in Sunland Park in the 

future. New Mexico will also provide the Environmental Protection Agency with an interim 

emissions inventory report for point, area, mobile and biogenic emissions of VOCs and CO in 

the Sunland Park Maintenance area. 

Contingency Plan 

As a requirement of section 175A of the CAA, a contingency plan must be developed to correct 

any violations of the O3 NAAQS in Sunland Park, Santa Teresa, and La Union after the area has 

been redesignated. The plan should be an enforceable part of the SIP and should ensure that the 

appropriate measures will be adopted in the event that the NAAQS are exceeded for O3. 

New Mexico has very little to no control over a majority of the O3 precursor emissions in the 

Paso del Norte Airshed, thus making it difficult to provide contingency measures for any future 

violations of the O3 NAAQS in the Sunland Park area. Although New Mexico does have little 

control over the emissions within the airshed, education and outreach can be developed as a 
7

means of protecting public health if there are any future violations of the O3 NAAQS. New 

Mexico has developed a similar public awareness program for dust storms caused by high wind 

events under the Doña Ana County Natural Events Action Plan. 

A public awareness program developed for O3 in the Sunland Park Maintenance area in the event 

there is a violation of the 8-hour O3 NAAQS would include the use of public outreach materials 

and health advisories to educate the public on the health risks associated with prolonged 

exposure to O3. The program would utilize the following tools: 

• Outreach materials such as brochures and pamphlets specific to air quality in the Sunland 

Park Maintenance area; 

• Open houses to be held at the beginning of the O3 season and mid-way through; and 

• Ozone Action Days. 

Outreach Materials

The outreach materials will include an informational and health-related brochure titled “Ozone 

and Health” will be published in English and Spanish. This brochure would be distributed 

primarily during the ozone season in Sunland Park, but will be available at the City Planning 

office in Sunland Park year around. Other outreach material will include public service 

announcements, press releases, and informational pamphlets. Examples of similar outreach 

materials developed by NMED are included in Appendix H. 

Bi-annual Open Houses

The NMED will hold open houses in partnership with the New Mexico Department of Health, 

Border Health Office (DOH). The open houses will be designed to provide information and give 

the public the opportunity to speak to the NMED and/or the DOH one on one. The open houses 

would be held in May and August in Sunland Park. 

Ozone Action Days

Ozone Action Days will be announced during weather forecasts on the radio and television. An 

Ozone Action Day will be called when the State weather forecasters predict that weather 

conditions will be conducive for the formation of ozone. Advisories will also be placed on the 

NMED/AQB web site. Real time monitoring data is also available on the NMED/AQB web site. 

Information on Ozone Action Days will be included in the outreach material for the Maintenance 

area. 

If a violation of the 8-hour O3 standard is recorded in the Sunland Park Maintenance area, New 

Mexico will implement the contingency measures listed above as expeditiously as practicable, 

but no later than 24 months after the violation. 
8

EMISSION INVENTORY FOR SUNLAND PARK NEW MEXICO

Introduction 

The emissions inventory process includes quality assurance procedures as a means to verify that 

data have been reviewed and examined for their source or origin, methods of compilation, 

accuracy, occurrence of errors, and clarity. This is to assure a good product and that such 

procedures can easily be applied to future inventories. EPA’s Emission Inventory Improvement 

Program was used as a guide in developing the 2002 emission inventory for the Sunland Park 

Nonattainment area. 

The New Mexico Environment Department Air Quality Bureau (AQB) staff assisted in planning 

the initial field survey and data collection process. Point sources were identified through EPA 

AIRS data and AQB TEMPO database. Identifying area sources began by obtaining phone book 

listings and business listings for the area. A questionnaire was designed by staff based on the 

questionnaire used for the 1997 SIP submittal. The questionnaire was designed to be taken into 

the field and to be filled out during actual site visits. Since this area was relatively small, both in 

size and population, such site visits were planned as the best way to determine actual source 

emissions. An informational flyer was assembled and mailed out to all identified businesses 

within the nonattainment area prior to the actual site visits. A copy of the field survey 

questionnaire can be found within the Appendix I. Although the area is relatively small, six (6) 

staff members participated in the field survey by dividing the nonattainment area into three (3) 

sections with two (2) staff members assigned to each section. The area was thoroughly scouted 

for all possible sources of air pollution. Considerable time was spent in direct site visits. 

All data collected were turned into the lead staff person who then began to evaluate, organize 

and assemble collected information into various source categories according to EPA guidance. 

Most emission estimation procedures follow those within AP-42. Other guidance documents 

used are listed as references to this report. As much as possible, all calculations are described 

within the various sections of this report. Calculations have been checked by other staff 

members. It should be emphasized that in many cases, especially for area sources, emissions are 

rough estimates. This is because the data on which they are based are often rough estimates of 

materials usage. Many AP-42 emission factors are themselves inexact approximations. In any 

case, data and calculations have been validated and quality-assured for correctness. An emission 

sources matrix is available in Appendix J. The matrix includes the source name/category, the 

methodology used, the activity data used, and any relevant comments. 

Area Source Emissions 

The sources within the nonattainment area were surveyed as well as the sources within 1 mile of 

the nonattainment area, which includes the Santa Teresa Industrial Park and the Dona Ana 

County Airport. Area source emissions have been divided into two groups: 1) combustion 

sources and 2) evaporative sources. Combustion sources include industrial, commercial and 

residential use of natural gas, oil, LPG, and coal. Open burning such as in agriculture, forestry, 
9

and trash burning also fall into this category. Evaporative emissions include many different 

sources such as solvent use, coating and painting operations, dry cleaning, and pesticide use. 

INDUSTRIAL COMBUSTION SOURCES

A. Brick Manufacturer: 

From survey information this facility operates a natural gas kiln that consumes 4176 x 106

BTU/month. This facility operates throughout the year; so multiplying 4176 by 12 months 

yields 50.1 x 109

 BTU/year consumed. Converting this to cubic feet of gas (1050 BTU/ft3) 

yields 4.773 x 107

 ft3. Emission factors from AP-42 are (small industrial boiler assumed): 

Lbs/106

 ft3

CO: 84 

NOx: 100 

VOC: 2.31 (5.5 x 0.42 to factor out methane) 

Annual and daily (ozone season) emissions are: 

Annual (tons) Daily (tons)

CO: 2.0 0.00547 

NOx: 2.38 (2.86 with rule effectiveness) 0.00783 

VOC: 0.055 0.000151

For ozone season day calculations this facility reported operating 7 days/week and 24 hrs/day so 

the seasonal activity was divided as 25% winter, 25% spring, 25% summer, and 25% fall. 

CO= (47.73 x 106 ft3)(84 Lbs/106 ft3)(1 Ton/2000Lbs) 

NOx= (47.73x106 ft3)(100 Lbs/106ft3)(1Ton/2000 Lbs)(.2) 

VOC= (47.73 x 106

 ft3)(2.31 Lbs/106 ft3)(1 Ton/2000Lbs) 

B. The Food Processing Company: 

From survey information this facility operates a natural gas boiler that consumes 8864 x 106

BTU/month. This facility operates throughout the year, so multiplying 8864 by 12 months yields 

1.1 x 1011 BTU/year consumed. Converting this to cubic feet of gas (1050 BTU/ft3

) yields 10.13 

x 107

 ft3. Emission factors from AP-42 are (small industrial boiler assumed): 

 

 Emission Factor (lbs/106 ft3)

CO: 84 

NOx: 100 

VOC: 2.31 (5.5 x 0.42 to factor out methane) 

Annual and daily (ozone season) emissions are: 

Annual (tons) Daily (tons)

CO: 4.25 0.016 

NOx: 5.065(6.078 with rule effectiveness) 0.023 
10

VOC: 0.11 0.00045

Ozone season day calculations were based on 5 days/week, 16-hrs/day operation and 25% of 

their activity in the fall season (25% for each season). 

CO= (101.3 x 106

 ft3)(84 Lbs/106 ft3)(1 Ton/2000Lbs) 

NOx= (101.3x106 ft3

)(100 Lbs/106ft3)(1Ton/2000 Lbs)(.2) 

VOC= (101.3 x 106 ft3)(2.31 Lbs/106 ft3)(1 Ton/2000Lbs) 

C. The Supplier of Sterilized Medical Equipment: 

This facility reported having 2 gas-fired boilers each rated at 1.5 x 106

 BTU/hr; 1gas-fired boiler 

rated 3,500,000 BTU/hr; and another gas-fired boiler rated at 4,500,000 BTU/hr. They reported 

consuming 45,240 ft3

/month. From the survey information these four natural gas boiler consume 

7920 x 106

 BTU/month. Multiplying by 12 yields a yearly figure of 9.5 x 1010 BTU/year. 

Converting to cubic feet (1050 BTU/ft3

) results in 90.51 x 106 ft3 consumed per year. Emission 

factors for commercial size boilers from AP-42 are: 

Lbs/106

 ft3

CO: 84 

NOx: 100 

VOC: 2.36 (5.5 x 0.43 to factor out methane) 

Calculated annual and daily emissions are: 

Annual (tons) Daily (tons)

CO: 3.80 0.01041 

NOX: 4.52 (5.42 with rule effectiveness) 0.01486 

VOC: 0.106 0.000292 

Ozone season day calculations were based on 7 days/week operation and 25% of their activity in 

the fall season (25% winter, 25% spring, 25% summer). 

This facility is also permitted for ethylene oxide and propylene oxide emissions from the 

sterilization and aeration chambers. The facility has permitted allowables of 3.92 tons/yr and 

actually emissions of 3.82 tons/yr for 2002. 

Annual (tons) Daily (tons)

Total VOC: 3.926 .010756 

CO= (90.51 x 106

 ft3)(84 Lbs/106 ft3)(1 ton/2000Lbs) 

NOx= (90.51x106 ft3)(100 Lbs/106ft3)(1ton/2000 Lbs)(.2) 

VOC= [(90.51 x 106

 ft3)(2.31 Lbs/106 ft3)(1 ton/2000Lbs)]+3.83 tons/yr 
11

D. Telecommunication Equipment: 

This facility reported having 1gas-fired boiler rated at 6 x 106 BTU/hr. They reported consuming 

1,500 ft3/month. From the survey information this natural gas boiler consumes 4320 x 106

BTU/month. Multiplying by 12 yields a yearly figure of 5.1x 1010 BTU/year. Converting to 

cubic feet (1050 BTU/ft3

) results in 49 x 106 ft3 consumed per year. Emission factors for 

commercial size boilers from AP-42 are: 

Lbs/106 ft3

CO: 84 

NOx: 100 

VOC: 2.36 (5.5 x 0.43 to factor out methane) 

Calculated annual and daily emissions are: 

Annual (tons) Daily (tons)

CO: 2.0 0.00549 

NOX: 2.45(2.94 with rule effectiveness) 0.00673 

VOC: 0.056 0.00015 

Ozone season day calculations were based on 7 days/week operation and 25% of their activity in 

the fall season (25% winter, 25% spring, 25% summer). 

CO=(49 x 106

 ft3)(84 Lbs/106 ft3)(1 ton/2000Lbs) 

NOx=(49x106 ft3)(100 Lbs/106ft3)(1ton/2000 Lbs)(.2) 

VOC=(49 x 106 ft3)(2.31 Lbs/106 ft3)(1 ton/2000Lbs)

E. Copper Conductor Manufacturer: 

This facility reported having 1gas-fired boiler rated at 1.34 x 106

 BTU/hr. From the survey 

information this natural gas boiler consumes 964 x 106 BTU/month. Multiplying by 12 yields a 

yearly figure of 1.15x 1010 BTU/year. Converting to cubic feet (1050 BTU/ft3

) results in 10.9 x 

106

 ft3 consumed per year. Emission factors for commercial size boilers from AP-42 are: 

Lbs/106

 ft3

CO: 84 

NOx: 100 

VOC: 2.36 (5.5 x 0.43 to factor out methane) 

Calculated annual and daily emissions are: 

Annual (tons) Daily (tons)

CO: .45 0.00125 

NOX: .545 (.654 with rule effectiveness) 0.00179 

VOC: 0.013 0.000035 
12

Ozone season day calculations were based on 7 days/week operation and 25% of their activity in 

the fall season (25% winter, 25% spring, 25% summer). 

CO= (10.9 x 106 ft3)(84 Lbs/106 ft3)(1 ton/2000Lbs) 

NOx= (10.9x106 ft3

)(100 Lbs/106ft3)(1ton/2000 Lbs)(.2) 

VOC= (10.9 x 106

 ft3)(2.31 Lbs/106 ft3)(1 ton/2000Lbs) 

F. Manufacturer of Automotive Fabrics: 

This facility reported having 1gas-fired boiler rated at 52 therms/day. Converting terms to cubic 

feet (98.1 ft3/therms) results in 5101.2 ft3/day. From the survey information this natural gas 

boiler consumes 153,036 ft3/month. Multiplying by 12 yields a yearly figure of 1.8x 106 ft3/year. 

Emission factors for commercial size boilers from AP-42 are: 

Lbs/106

 ft3

CO: 84 

NOx: 100 

VOC: 2.36 (5.5 x 0.43 to factor out methane) 

Calculated annual and daily emissions are: 

Annual (tons) Daily (tons)

CO: .07 0.000192 

NOX: .09 (.108 with rule effectiveness) 0.000296 

VOC: 0.002 0.0000057 

Ozone season day calculations were based on 7 days/week operation and 25% of their activity in 

the fall season (25% winter, 25% spring, 25% summer). 

CO=(1.8 x 106 ft3)(84 Lbs/106 ft3)(1 ton/2000Lbs) 

NOx=(1.8x106 ft3)(100 Lbs/106ft3)(1ton/2000 Lbs)(.2) 

VOC=(1.8 x 106

 ft3)(2.31 Lbs/106 ft3)(1 ton/2000Lbs) 

G. Crematoriums: 

There are two crematoriums located within the nonattainment area. One facility reported having 

1gas-fired boiler rated at 2.0 x 106 BTU/hr. The other facility reported having 1-gas-fired boiler 

at 1.75 x 106 BTU/hr. From the surveyed information these two natural gas boilers consume 

2520 x 106

 BTU/month. Multiplying by 12 yields a yearly figure of 3.02x 1010 BTU/year. 

Converting to cubic feet (1050 BTU/ft3) results in 28.8 x 106 ft3 consumed per year. Emission 

factors for commercial size boilers from AP-42 are: 

Lbs/106

 ft3

CO: 84 

NOx: 100 

VOC: 2.36 (5.5 x 0.43 to factor out methane) 
13

Calculated annual and daily emissions are: 

Annual (tons) Daily (tons)

CO: 1.2 0.00329 

NOX: 1.44(1.728 with rule effectiveness) 0.00474 

VOC: 0.033 0.00009 

Ozone season day calculations were based on 7 days/week operation and 25% of their activity in 

the fall season (25% winter, 25% spring, 25% summer). 

CO= (28.8 x 106

 ft3)(84 Lbs/106 ft3)(1 ton/2000Lbs) 

NOx= (28.8x106 ft3

)(100 Lbs/106ft3)(1ton/2000 Lbs)(.2) 

VOC= (28.8x 106 ft3)(2.31 Lbs/106 ft3)(1 ton/2000Lbs) 

H. Landfill Gas Flare: 

The landfill located in the nonattainment area installed a gas collection and control system 

(GCCS) in August of 2001. The landfill gas generated from the anaerobic decomposition of 

municipal solid waste is collected through a network of vertical extraction wells and routed 

through buried transmission piping to a utility flare for destruction. The emissions reported by 

the landfill for the utility flaring are as follows: 

Annual (tons) Daily (tons)

CO: 7.24 0.01983 

NOX: 1.33 (1.596 with rule effectiveness) 0.00437 

VOC: 0.061 0.00016 

Ozone season day calculations were based on 7 days/week operation and 25% of their activity in 

the fall season (25% winter, 25% spring, 25% summer). 

SUMMARY OF INDUSTRIAL COMBUSTION SOURCES:

In the summary table below, rule effectiveness numbers for NOx have been used: 

Table 3-1 Summary of industrial combustion sources. TPY = tons/year; TPD = tons/day 

SOURCE CO NOx VOC 

TPY TPD TPY TPD TPY TPD 

Brick manufacturer 2.0 0.00547 2.86 0.00783 0.055 0.000151 

Food preparation 

facility 

4.25 0.016 6.078 0.023 0.11 0.00045 

Medical supply 

 
14

sterilization facility 3.80 0.01041 5.42 0.01486 3.926 0.010756 

Telecommunication 

Equipment 

2.0 .0055 2.94 .00807 .056 .000154 

Copper Conductor 

Manufacturer 

.45 .00123 .654 .00179 .013 .0000357 

Automotive Fabric 

Manufacturer 

.07 .000192 .108 .000296 .002 .0000054 

Crematoriums 1.22 .00335 1.728 .00474 .033 .00009 

Landfill Gas Flare 7.24 .01983 1.596 0.00437 0.061 0.00016 

TOTALS 21.03 0.06198 21.384 0.06762 4.256 0.011802 

COMMERCIAL COMBUSTION SOURCES

These sources include combustion of fuel-oil (distillate and/or residual), coal, natural gas, and 

LPG. Examples of sources in this category are small manufacturing operations, restaurants, 

retail, service, groceries, schools, and government buildings. Rule effectiveness was not applied 

here because emissions calculations are based on population figures and not individual facilities. 

A. Commercial Natural Gas Use: 

Commercial gas use was estimated from statistics on commercial gas usage in New Mexico and 

employment figures for Dona Ana County. Commercial natural gas use in New Mexico as 

reported by the Energy Information Administration was 26,057 x 106 ft3 for 2002. Statewide 

employment for 2002 has been estimated at 827,600. Dona Ana County employment for 2002 

has been estimated at 70,202. The 2002 estimated population of the nonattainment area is 

16,269. Using a ratio to estimate employment in the nonattainment area yields the following: 

70,202 = X X = 6395 people employed in the nonattainment 

 178,593 16,269 area 

Five facilities that could be classified as commercial (a power generation plant, a brick 

manufacturer, an automobile foam seat manufacturer, a food preparation facility, and a facility 

that sterilizes medical supplies) were determined separately, elsewhere in this report, as either 

point sources or industrial combustion sources. Employment figures for these facilities will 

need to be subtracted from the 6395 figure. These facilities reported employment figures of 19, 

39, 194, 432, 30, 125, 70, 8, 6, and 3 people respectively. So, 6395 - 926 = 5469. Using another 

ratio to apportion down the commercial gas usage to the nonattainment area: 

26,057 x 106

 ft3 = X X = 172.19x 106 ft3

 827,600 5469 
15

The following are AP-42 emission factors for commercial gas use: 

 lbs/106 ft3

CO: 84 

NOx: 100 

VOC: 2.31 (with methane factored out; 5.5 x 0.42 = 2.31) 

Next, multiplying the natural gas consumed within the nonattainment area by these factors yields 

the following annual emissions converted to tons (using CO as an example to show the full 

calculation): 

Tons/year

CO: 7.23 

NOX: 8.60 

VOC: 0.198 

CO= (172.19 x 106

 ft3)(84 Lbs/106 ft3)(1 ton/2000Lbs) 

NOx= (172.19x106 ft3)(100 Lbs/106ft3)(1ton/2000 Lbs) 

VOC= (172.19x 106

 ft3)(2.31 Lbs/106 ft3)(1 ton/2000Lbs)

B. Commercial LPG Use: 

Liquid petroleum gas (LPG) is most often propane or butane. Emissions from LPG combustion 

are determined in a similar procedure as for natural gas above. Total statewide use of LPG in 

2001 was 15.9 x 1012 BTU. The Energy Information Association makes the assumption that the 

LPG sold for commercial use is 15%. The LPG consumption by the transportation sector has 

been factored out. Apportioning this down to the employed population size of the nonattainment 

area yields 1.25 x 1010 BTU. Since AP-42 emission factors are in lbs/1000 gal., BTUs were 

converted to gallons. Since it is not known how much propane vs. butane is used in the area, a 

50/50 split was assumed, so a conversion factor of 96,750 BTU/gal was used (average of 91,500 

BTU/gal for propane and 102,000 BTU/gal for butane). This results is 129,603 gal of LPG 

consumed in the nonattainment area for 2001. AP-42 emission factors were also figured as an 

average of propane and butane: 

CO: (2.1 + 1.9)/2 = 2.0 lbs/1000 gal 

NOx: (15 + 14)/2 = 14.5 lbs/1000 gal 

VOC: (0.6 + 0.5)/2 = 0.55 lbs/1000 gal 

Annual emissions are then (using CO as an example): 

Tons/year

CO: 0.13 tons 

NOx: 0.94 tons 

VOC: 0.035 tons 

CO= (129,603gal)(2 Lbs/1000gal)(1 ton/2000Lbs) 

NOx= (129,603gal)(14.5 Lbs/1000gal)(1ton/2000 Lbs) 
16

VOC= (129,603gal)(.55 Lbs/1000gal)(1 ton/2000Lbs)

C. Commercial Distillate Use: 

Statewide use of distillate fuel was 72.3x 1012 BTU in 2001. The Energy Information 

Administration reports that commercial sales for distillate fuel accounts for 5.54% of the total 

sales for distillate fuel for the United States in 2001. This ratio was also used to determine the 

total commercial distillate use for New Mexico. The total commercial use of distillate oil for 

New Mexico is 4.0 x 1012. Apportioning this down to the nonattainment area yields 2.64 x 1010

BTU. Distillate fuel at 140,000 BTU/gal. results in 189,063 gal. consumed in the nonattainment 

area for 2001. AP-42 emission factors are: 

CO: 5 lbs/1000 gal 

NOx: 20 lbs/1000 gal 

VOC: 0.34 lbs/1000 gal 

Annual emissions are then: 

Tons/year

CO: 0.47 tons 

NOx: 1.89 tons 

VOC: 0.032 tons 

CO= (189,063gal)(5 Lbs/1000gal)(1 ton/2000Lbs) 

NOx= (189,063gal)(20 Lbs/1000gal)(1ton/2000 Lbs) 

VOC= (189,063gal)(.34 Lbs/1000gal)(1 ton/2000Lbs)

D. Commercial Coal Use: 

The Annual Coal Report compiled by the Energy Information Administration reports that most 

to all of the coal used in New Mexico for 2002 was used for electric power generation. The 

Energy Information Administration reported that roughly 79 x 103

 tons of coal was used in New 

Mexico in 1999, which is the most recent year with information on coal consumption, for all 

sectors besides electric power generation. Nationally, the Energy Information Administration 

report that 4% of coal used is for commercial. It is the assumption of the AQB that New Mexico 

is the same. There was a 2.1 increase in the use of coal from 1998-1999. A 6.3% (2.1 x 3 years) 

increase was used to determine a 2002 projection. Proportioning this down to the size of the 

nonattainment area yields 22.19 tons. AP-42 emission factors are (assuming a worst case 

conservative estimate): 

CO: 18 lbs/ton 

NOx: 33 lbs/ton 

VOC: 1.3 lbs/ton 

Annual emissions are then: 

CO: 0.199 tons 

NOx: 0.366 tons 

VOC: 0.014 tons 
17

CO= (22.19 tons)(18 Lbs/tons)(1 ton/2000Lbs) 

NOx= (22.19 tons)(33 Lbs/tons)(1 ton/2000 Lbs) 

VOC= (22.19 tons)(1.3Lbs/tons)(1 ton/2000Lbs)

SUMMARY OF ALL COMMERCIAL COMBUSTION SOURCES: 

Ozone season day calculations for all source categories are based on 6 days/week operation and 

25% of activity in the fall (35% winter, 25% spring, and 15% summer). 

Table 3-2. Summary of commercial combustion sources. TPY = tons/year; PPD = lbs/day 

FUEL CO NOx VOC 

TPY PPD TPY PPD TPY PPD 

Natural gas 7.23 46.34 8.60 55.13 .198 1.27 

LPG 0.13 .833 .94 6.03 .035 0.224 

Distillate oil 0.47 3.01 1.89 11.92 .032 0.205 

Coal 0.20 1.27 .366 2.35 .011 .071 

TOTALS 8.029 51.45 

(0.025 

tons) 

11.80 75.43 

(0.0378 

tons) 

0.28 1.8 

(0.00089 

tons) 

RESIDENTIAL COMBUSTION SOURCES

These include combustion of fuel-oil, coal, natural gas, LPG, and wood. Energy usage in 

residences was obtained from The Energy Information Administration: 

 

ENERGY SOURCE TRILLION BTU PERCENT OF TOTAL 

Coal .01 x1012 .02 

Electricity 14 x 1012 23.38 

LPG 10.75 x 1012 17.9 

Natural gas 34.4 x 1012 (34,411 x 106

 ft3) 57.45 

Distillate Oil .7 x1012 1.16 
18

TOTALS 59.86 100 

A. Residential LPG Use: 

The Energy Information Association makes the assumption that the LPG sold for residential use 

is 85%. The LPG consumption by the transportation sector has been factored out. Assuming 

17.9% of the households use LPG, then multiplying by the estimated number of households in 

the nonattainment area 4822 (estimation based on County wide increase in housing from 2000 to 

2002) yields 863 households in the nonattainment area using LPG. The total LPG consumed for 

residences statewide is 10.75 x 1012 BTU. Once again, since it is not known how much propane 

vs. butane is used in the area, a 50/50 split was assumed, so a conversion factor of 96,750 

BTU/gal was used (average of 91,500 BTU/gal for propane and 102,000 BTU/gal for butane). 

Using another ratio to apportion down the LPG usage to the nonattainment area: 

11 x 107

 gal = X X = 654,634 gal 

 805,294 4822 

Apportioning this down to the nonattainment area gives 654,634 gal consumed in the 

nonattainment area. AP-42 emission factors are: 

CO: 1.32 lbs/1000 gal 

NOx: 9.57 lbs/1000 gal 

VOC: 0.363 lbs/1000 gal 

Calculated emissions are then: 

CO: 0.43 tons/yr 

NOx: 3.13 tons/yr 

VOC: 0.12 tons/yr 

CO= (654,634 gal)(1.32 lbs/1000gal)(1 ton/2000Lbs) 

NOx= (654,634 gal)(9.57 lbs/1000gal)(1 ton/2000 Lbs) 

VOC= (654,634 gal)(.363 lbs/1000gal)(1 ton/2000Lbs) 

B. Residential Natural Gas Use: 

Assuming 57.45% of the residences use natural gas and multiplying by the number of residences 

(4822) results in 2770 residences. With 34,411 x 106

 ft3 of natural gas consumed statewide by 

residences and apportioning down for the nonattainment area yields 204 x 106

 ft3 consumed in 

the nonattainment area. AP-42 emission factors are: 

CO: 40 lbs/106

 ft3

NOx: 94 lbs/106 ft3

VOC: 8.7 lbs/106

 ft3
19

Calculated annual emissions are: 

CO: 4.08 tons 

NOx: 9.58 tons 

VOC: 0.88 tons 

CO= (204 x106

 ft3)(40 lbs/106 ft3)(1 ton/2000Lbs) 

NOx= (204 x106 ft3)(94 lbs/106 ft3)(1 ton/2000 Lbs) 

VOC= (204 x106 ft3)(8.7 lbs/106 ft3)(1 ton/2000Lbs)

C. Residential Coal Use: 

Assuming .02% of residences are using coal then multiplying by the number of residences 

(4822) yields 2 residences within the nonattainment area using coal. The Energy Information 

Administration reported that roughly 79 x 103

 tons of coal was used in New Mexico in 1999, 

which is the most recent year with information on coal consumption, for all sectors besides 

electric power generation. Nationally, the Energy Information Administration reports that .6% 

of coal used is in residences. It is the assumption of the AQB that New Mexico is the same. 

There was a 2.1 increase in the use of coal from 1998-1999. A 6.3% (2.1 x 3 years) increase was 

used to determine a 2002 projection. Proportioning this down to the size of the nonattainment 

area yields 3 tons. AP-42 emission factors are: 

CO: 11 lbs/ton 

NOx: 22 lbs/ton 

VOC: 1.3 lbs/ton 

Calculated annual emissions are: 

CO: 0.017 tons 

NOx: 0.033 tons 

VOC: 0.00195 tons 

CO= (3 tons)(11 lbs/ton)(1 ton/2000Lbs) 

NOx= (3 tons)(22 lbs/ton)(1 ton/2000 Lbs) 

VOC= (3 ton)(1.3 lbs/ton)(1 ton/2000Lbs)

D. Residential Distillate Oil Use: 

Statewide use of distillate fuel was 7.76 x1012 BTU in 2001. The Energy Information 

Administration reports that residential sales for distillate fuel accounts for 10.74% of the total 

sales for distillate fuel for the United States in 2001. This ratio was also used to determine the 

total residential distillate use for New Mexico. The total residential use of distillate oil for New 

Mexico is .7 x 1012. Apportioning this down to the nonattainment area yields .42 x 1010 BTU. 

Distillate fuel at 140,000 BTU/gal. results in 29,939 gal. consumed in the nonattainment area for 

2001. AP-42 emission factors are: 

CO: 5 lbs/1000gal 

NOx: 20lbs/1000gal 
20

VOC: .713 lbs/1000gal 

Calculated annual emissions are: 

CO: .07 tons 

NOx: .29 tons 

VOC: 0.016 tons 

CO= (29,939 gal)(5 lbs/1000gal)(1 ton/2000Lbs) 

NOx= (29,939 gal)(20 lbs/1000gal)(1 ton/2000 Lbs) 

VOC= (29,939 gal)(.713 lbs/1000gal)(1 ton/2000Lbs)

E. Residential Electricity Use: 

These emissions are not calculated at this level, but rather at the point source level, since the 

combustion necessary to generate the electricity generally occurs at a large electrical generating 

facility. 

SUMMARY OF RESIDENTIAL COMBUSTION SOURCES: 

Ozone season day calculations are based on 7 days/week operation and 25% activity in the fall 

(42% winter, 25% spring, and 8% summer). 

Table 3-3. Summary of residential combustion sources. TPY = tons/year; PPD = pounds/day. 

SOURCE CO NOx VOC 

TPY PPD TPY PPD TPY PPD 

LPG 0.43 2.36 3.13 17.15 0.12 0.66 

Natural gas 4.08 22.35 9.58 52.49 0.88 4.82 

Coal 0.017 0.093 0.033 0.18 0.002 0.011 

Distillate Oil .07 .38 .29 1.6 0.016 0.088 

TOTALS 4.6 25.18 

(0.012 

tons) 

13.03 71.42 

(0.036 

tons) 

1.02 5.59 

(0.0028 

tons) 

OPEN BURNING SOURCES

This includes open burning of municipal (household) trash, structural fires, agricultural burning, 

orchard heaters, forest fires (wildfire, prescribed fire, or prescribed natural fire) and grass fires. 

Each of these will be summarized separately below. 
21

A. Open Burning of Trash: 

Dona Ana County has an ordinance stating that household waste must be placed in landfills and 

not burned. Both the cities of Las Cruces and Sunland Park implement their own programs, but 

the county codes enforcement officer still works the Santa Teresa and La Union areas of the 

current ozone nonattainment area. Violations of the ordinance do occur but county staff do not 

keep an accurate log, nor do they have sufficient staff to fully monitor open burning. Emissions 

from open burning of trash in violation of the ordinance can be calculated as follows: 

Population of the nonattainment area: 16,269 

Per capita waste generation (lbs/day): 3.1 (US EPA national average for solid 

waste generation) 

Total waste generation (lbs/day): 50,434 

Total waste generation (tons/year): 9,078 

It is assumed by EPA that 72% municipal solid waste is collected and sent to landfills in 

compliance with the county ordinance. The remaining 28% is assumed to be burned at home. 

Also, approximately 75% of the available waste is assumed combustible. 

Total waste available for combustion: 2542 tons 

Percent of waste combustible: 75% 

Waste actually combusted: 1906.4 tons 

 AP-42 

open burning 

emission factors Annual Emissions Daily Emissions 

 (Lbs/ton) (Lbs/yr) (Tons/year) (Lbs/day)

CO 85 162,044 81.02 445.0 

NOx 6 11,438 5.72 31.42 

NMOC (VOC) 30 57,192 28.6 157.12 

Daily emissions are based on 7 days/week and 25% of the activity in the ozone season (25% for 

each of the four seasons). 

B. Structure Fires: 

The Sunland Park fire department has indicated there were 88 fire incidences in 2002. This 

included both structural and grass fires, but numbers for each were unavailable. EPA’s 

estimation method in the guidance documents uses a figure of 2.3 fires/1000 people. With an 

estimated nonattainment area population of 16,269, this yields 37.4 structural fires in 2002. It 

was estimate by the Sunland Park Fire Department that roughly 40-50 of the fires responded to 

were structure fires. To provide the most conservative emission estimates, the estimates provide 

by the Sunland Park Fire Department will be used instead of EPA estimation method. Using 

1.15 tons of material per fire times 45 fires yields 51.75 tons of combustible material per year. 
22

AP-42 

emission factors Annual Emissions Daily emissions 

Lbs/1000 tons Lbs Tons (Lbs/day)

CO: 60 3.105 0.00155 0.0085 

NOx: 1.4 0.072 0.000036 0.0002 

VOC: 11 0.569 0.00365 0.0016 

Ozone season daily calculations are based on 7 days/week and 25% activity per season. 

C. Grass Fires: 

In using the 88 fire incidences reported by the Sunland Park fire department and subtracting 45 

structural fires (see B. above) yields an estimated 43 grass fires. Assuming an average size of 

one acre makes a total of 48 acres burned. AP-42 does not contain a fuel loading factor for 

grass, so wheat (being a species of grass) was used as a substitute. The wheat fuel loading factor 

is 1.9 tons/acre. Multiplying this by the 48 acres gives 81.7 tons of fuel consumed. Grass 

emission factors from AP-42 are: 

CO: 101 lbs/ton 

NMOC (VOC): 19 lbs/ton 

Calculated annual and daily emissions are: 

Annual Daily

CO: 4.12 tons (8251.7 lbs) 22.61 lbs. 

NMOC (VOC): 0.776 tons (1552.3 lbs) 4.253 lbs. 

Ozone season daily emissions are based on 7 days/week and 30% activity in the fall (25% 

winter, 30% spring, and 15% summer). 

D. Orchard heaters: 

No orchard heaters are used in the area, according to staff at the New Mexico State Agriculture 

Department/Dona Ana County Agricultural Co-op and Extension Service. Pecans, the most 

abundant orchard crop, do not need heaters and the few apple orchards in the area do not use 

heaters either. 

F. Forest fires: 

There are no forests to speak of in the nonattainment area to generate such a fire. 

G. Agricultural burning: 

According to staff at the New Mexico Environment Field Office in Dona Ana County there is 

very limited burning with the nonattainment area. Burning is not a standard practice for crops in 

the area. The principle burning that does take place involves trimmings from the pecan orchards 

and burning of weeds (especially tumbleweeds) in ditches. The NMED stated that burn permits 

within the Sunland Park nonattainment area are issued through the Sunland Park Voluntary Fire 

Department. 
23

According to Robert Monsivaiz, Chief of the Sunland Park Voluntary Fire Department, roughly 

around 12 burn permits were issued for locations within the nonattainment area. The actual 

permits were not available for review. Based on the percentages used in the 1995 Emission 

Inventory of the Sunland Park Nonattainment Area, it is assumed that 41% of the permits issued 

for burning were for weeds, 13% for grass, 13% for leaves, and 31% for woody materials. 

G1. Weeds:

Assumptions: 1) Even though most were unspecified weeds, assume 75% were for 

tumbleweeds; 2) For lot or yard burning, assume one acre for the calculations; 3) For fields 

use 76 acres (94,719 cultivated acres in Dona Ana County divided by 1,691 farms = 75.5 

acres/farm); and 4) Of the 21 burns: 16 for tumbleweeds (all 1 acre lots), 5 for miscellaneous 

mixed weeds (2 one acre lots + 3 fields at 76 acres each). No NOx emissions are given for 

vegetative burning in AP-42, so only CO and VOC will be reported. 

Tumbleweeds: 

16 acres x 0.1 ton/acre = 1.6 tons of fuel 

CO: 309 lbs/ton x 1.6 tons = 494.4 lbs of CO (0.25 tons) 

VOC: 1.5 lbs/ton x 1.6 tons = 2.4 lbs of VOC (0.0012 tons) 

Unspecified weeds: 

(76 x 3) + 2 = 230 acres 

230 acres x 3.2 tons/acre = 736 tons of fuel 

CO: 85 lbs/ton x 736 tons = 62,560 lbs of CO (31.28 tons) 

VOC: 9 lbs/ton x 736 tons = 6624 lbs of VOC (3.31 tons) 

G2. Grass:

Assumptions: 1) Two of the 4 burns appear to be fields, so use 76 acres per field; and 2) 

The other two burns were assumed to be 1 acre lots. Since AP-42 has no fuel loading 

factors for grass, fuel loading factors for wheat (a species of grass) were used instead. 

(76 x 2) + 2 = 154 acres 

154 acres x 1.9 tons/acre = 292.6 tons of fuel 

Now use grass emission factors: 

CO: 292.6 tons x 101 lbs/ton = 29,552.6 lbs of CO (14.78 tons) 

VOC: 292.6 tons x 15 lbs/ton = 4389 lbs of VOC (2.19 tons) 

G3. Leaves:

Assumptions: 1) One of the 4 burns was identified as a field (i.e. 76 acres), while another 

was identified as a yard (i.e. 1 acre), while the last 2 were not specified. So split the last 

2 into 1 field and 1 yard giving a total of 2 fields and 2 yards. Since the types of leaves 

were never specified in the permits, factors for unspecified leaves from AP-42 were used. 

There are also no fuel loading factors for leaf burning in AP-42, so fuel loading factors 

for unspecified orchard crops (as tree leaves) were used instead. 

(76 x 2) + 2 = 154 acres 
24

154 acres x 1.6 tons/acre = 246.4 tons of fuel 

CO: 246.4 tons x 112 lbs/ton = 27,596.8 lbs of CO (13.80 tons) 

VOC: 246.4 tons x 28 lbs/ton = 6899.2 lbs of VOC (3.45 tons) 

G4. Woody vegetation:

Assumptions: 1) Assume 7 of the 9 burns are of pecan wastes, place them into 

unspecified orchard crops (AP-42) and use 33 acres per burn (Dona Ana County has 

17,600 acres of pecans divided by 535 orchards = 32.9 acres per orchard); and 2) Two of 

the 9 burns were for salt cedar. Use unspecified forest residues (AP-42), and since the 

salt cedars were on vacant lots, assume 1 acre lots. 

Pecans: 

33 x 7 = 231 acres 

231 acres x 1.6 tons/acre = 369.6 tons of fuel 

CO: 369.6 tons x 52 lbs/ton = 19,219.2 lbs of CO (9.61 tons) 

VOC: 369.6 tons x 8 lbs/ton = 2956.8 lbs of VOC (1.48 tons) 

Salt Cedar: 

2 acres x 70 tons/acre = 140 tons of fuel 

CO: 140 tons x 140 lbs/ton = 19,600.0 lbs of CO (9.80 tons) 

VOC: 140 tons x 19 lbs/ton = 2660.0 lbs of VOC (1.33 tons) 

Table 3-4 Summary of emissions from agricultural burning. 

VEGETATION EMISSIONS IN TONS/YEAR 

TYPE 

 CO NOx VOC 

Weeds 

 Tumbleweeds 0.25 na nil 

 Other 31.28 na 3.31 

Grass 14.78 na 2.19 

Leaves 13.80 na 3.45 

Woody 

 
25

 Pecans 9.61 na 1.48 

 Salt Cedar 9.80 na 1.33 

TOTALS 79.52 na 11.76 

OZONE SEASON 

DAY 

0.367 

(734.0 lbs) 

na 0.0543 

(108.6 lbs) 

na - not available (i.e. no data in AP-42) 

Ozone season day calculations are based on 7 days/week and 42% of the activity in the ozone 

season. 

SUMMARY OF EMISSIONS FROM ALL OPEN BURNING SOURCES: 

Agricultural burning and open burning of trash account for 97% of CO, essentially all of the 

NOx, and 98% of VOC emitted within the nonattainment area. 

Table 3-5. Summary of all open burning sources. TPY = tons/year; PPD = pounds/day.

OPEN BURNING CO NOx VOC 

SOURCE 

TPY PPD TPY PPD TPY PPD 

Household trash 66.79 366.0 4.72 26.0 23.58 129.4 

Structures 0.0156 0.0857 0.00036 0.00198 0.00286 0.0157 

Grass 4.60 30.37 ----- ----- 0.684 4.51 

Orchard heaters 0.0 0.0 0.0 0.0 0.0 0.0 

Forest fires 0.0 0.0 0.0 0.0 0.0 0.0 

Agriculture 79.52 734.0 ----- ----- 11.76 108.6 

TOTALS 150.92 1130.46 

(0.565 

tons) 

4.72 26.00 

(0.013 

tons) 

36.03 242.52 

(0.121 

tons) 

SUMMARY OF ALL COMBUSTION SOURCES

Open burning accounts for 96% of CO, 16% of NOx, and 97% of VOC emissions. As already 

seen, agricultural burning and trash burning account for most of the open burning. 
26

Table 3-6. Summary of all area combustion sources. TPY = tons/year; TPD = tons/day.

COMBUSTION CO NOX VOC 

SOURCE 

TPY TPD TPY TPD TPY TPD 

Industrial 2.495 0.00772 12.93 0.0400 0.380 0.00117 

Commercial 0.808 0.00259 3.538 0.0113 0.176 0.00056 

Residential 3.721 0.0102 9.210 0.0253 0.675 0.00185 

Open burning 150.92 0.565 4.72 0.013 36.03 0.121 

TOTALS 157.94 0.586 30.40 0.0896 37.26 0.124 

EVAPORATIVE COMBUSTION SOURCES

A. Aircraft Refueling: 

Monthly fuel consumption figures were obtained from the Santa Teresa Airport Manager, 

Vernon Wilson. Mr. Wilson estimated that 6000 gallons of fuel was used per month in 2002. 

50% of the fuel used at the Santa Teresa Airport is Jet A-1 and 50% is the 100LL gasoline. To 

calculate the emissions from the airport theAP-42 emission factors for kerosene and gasoline, via 

splash filling, were used. 

AP-42 VOC Emissions 

Fuel emission factor Annual Daily

Fuel Type (gal/month) (lbs VOC/1000 gal) lbs/year tons/year lbs/day

Jet –A1 3000 0.04 1.44 0.00072 0.00395 

100LL 3000 10.2 367.2 0.1836 ___ 1.00602______ 

Totals 368.64 0.18432 1.00997 

 (5.04 x 10-4 tons) 

Ozone season daily emissions are based on 7 days/week operation and 25% activity per season. 

B. Asphalt Paving 

The New Mexico Highway Department was contacted and only one cubic yard (CY) of asphalt 

was used in the Sunland Park nonattainment area for the year 2002. It was stated that this was an 

odd year and that on average 96.6 CY of asphalt is used in the Sunland Park nonattainment area. 

The asphalt used during 2002 was a hot cold lay patching material. The Binder for this material 

is a rapid cure emulsion (HFE 90) [HFE = High Float Emulsion]. Calculating: 

(6.4 barrels) x 9.2 lb/barrels = 58.88 lbs (.029 tons) of VOC annually 

Daily emissions are .16 lbs/day (0.00008 tons/day) and based on 7 days/week and 25% of annual 

activity in the ozone season. 
27

C. Bioprocess: 

Bioprocess sources include bakeries, wineries, breweries and distilleries. Of these four, there is 

only one bakery within the nonattainment area. The bakery is small, employing only 6 people 

and VOC emissions are not known. So, the EPA emission factor in guidance documents of 0.11 

tons VOC per employee was used. 

6 employees x 0.11 tons/employee = .66 tons of VOC annually 

Daily emissions are 3.6 lbs/day (0.0018 tons/day) and based on 7 days/week operation and 10% 

of annual activity in the ozone season (50% winter, 20% spring, and 20% fall). 

D. Catastrophic or Accidental Chemical Spills and Releases: 

Office of Emergency Management, of the Dona Ana County Planning Department, was 

contacted regarding any chemical spills or releases in 2002. During 2002, no catastrophic or 

accidental chemical spills or releases occurred within the Sunland Park nonattainment area or 

within the County. 

E. Surface Coating Operations: 

Surface coating operations can include architectural coatings, auto refinishing, traffic markings, 

furniture and fixtures, metal containers, new automobiles, machinery and equipment, appliances, 

miscellaneous transportation equipment, sheet strip and coil coatings, factory finished wood, 

electrical insulation, high-performance maintenance coatings, marine coatings, and any other 

miscellaneous coatings. Largely due to the small population of the nonattainment area very few 

of these types of operations were identified within the Sunland Park area. Three of these surface 

coating operations were clearly identified though: 1) appliances, 2) architectural, and 3) auto 

refinishing. These will be summarized individually below. 

E1. Architectural Coatings: 

Only one source was inventoried that frequently uses paints and thinners: a door painting 

and finishing operation. In addition, a per capita emission factor was used for all other 

non-industrial surface coatings (e.g. painting of private homes, commercial businesses 

etc.). 

• Door painting/finishing operation. Annually they use: 72 gal of paint, 19 gal of 

thinner, and 48 gal of lacquer. Again, the simplest approach is to assume that all 

of the thinner and lacquer volatilizes. The calculations: 

Paint: 72 gal x (5.66 kg/gal) = 407.52 kg 

407.52 kg x (1 Mg/103

 kg) x (560 kg/Mg) = 228.2 kg of VOC 

Thinner: 19 gal x (3 kg/gal) = 57 kg of VOC 

Lacquer: 48 gal x (5.66 kg/gal) = 271.68 kg 

 271.68 kg x (1 Mg/103

 kg) x (770 kg/Mg) = 209.2 kg of VOC 
28

Total VOC from door painting: 228.2 + 57 + 209.2 = 494.4 kg (1089.9 lbs or 0.55 

tons) 

• Non-industrial surface coating. This includes non-manufacturing emissions and 

would cover painting of private homes and commercial offices. The per capita 

architectural surface coating emission factor (from AP-42) for these activities is 

2.09 kg/yr (4.6 lbs/yr). The estimated nonattainment area population is 16,269. 

The calculation: 

16,269 x 2.09 kg/yr = 34,002.21 kg/yr (74,961.27 lbs/yr or 37.48 tons/yr) 

Summary of all sources within architectural coatings: 

0.55 + 37.48 = 38.03 tons of VOC 

Daily emissions are 208.35 lbs/day (.1042 tons/day) and based on 7 days/week (since 

non-industrial is the largest portion) and 25% activity in the fall ozone season (17% 

winter, 25% spring, 33% summer). 

E.2. Auto Refinishing: 

Insufficient information was obtained during the emissions inventory survey that was 

conducted in Sunland Park nonattainment. Due to this lack of information, the EPA per 

capita figure (0.84 kg/yr or 1.9 lbs/yr) for auto refinishing emissions was used for the 

nonattainment area. 

16,269 x 0.84 = 14,169.96 kg/yr = 31,239.1 lbs/yr = 15.62 tons/yr. 

Daily emissions are 85.58 lbs/day (.0427 tons/day) and based on 7 days/week (since nonindustrial is the largest portion) and 25% activity in the fall ozone season (17% winter, 

25% spring, 33% summer). 

F. Dry Cleaning: 

There were no dry cleaning operations identified within the nonattainment area. 

G. Graphic Arts: 

There were no graphic arts operations identified within the nonattainment area. 

H. Leaking Underground Storage Tanks: 

The Petroleum Storage Tank Bureau (PSTB) of the NMED currently has records of 17 tanks 

operating in the Sunland Park nonattainment area in 2002: 

A grocery/gas station 6 tanks 

Aviation Company at airport 3 tanks 

Border Patrol Station 2 tank 

El Paso Electric 2 tank 

Brick Manufacturer 2 tank 

Sunland Park Racetrack and Casino 2 tank 

 
29

From a list of both past and present leaking tanks (list dated April 5, 2005) the NMED-USTB 

reports the following: 

Grocery/gas station (Sunland Park) - No further action required for site 

Since any suspected leaking tanks are still in the ground and have not been removed, this 

emission source will be considered insignificant since there is a grand total of only 17 tanks, in 

which 1 of them has had required clean up. 

I. Miscellaneous Other Sources: 

A facility that sterilizes medical supplies has reported 4.1 tons/yr of actual VOC emissions 

(AIRS database). This translates into 8200 lbs/year. Daily emissions are 22.47 lbs/day (0.01123 

tons/day) and are based on 7 days/week and 25% activity during the ozone season. 

J. Oil and Gas Production: 

There are no oil and gas production facilities within the nonattainment area. 

K. Pesticide Application: 

This source of VOC includes pesticides used in agriculture, on golf courses, sod farms, and in 

greenhouses and nurseries. Dona Ana County is an important agricultural area within New 

Mexico and most of the county's agriculture is located near the Rio Grande. A large portion of 

the nonattainment area is rural and agricultural, especially the northern half. Agricultural 

pesticide use is the largest component in this emission category. 

K1. Agricultural Pesticide Application:

Basic Calculation Procedures: In the EPA guidance document: Procedures for the 

Preparation of Emission Inventories for Carbon Monoxide and Precursors of Ozone 

(1991), VOC emissions were based on the following national figures: 

1. The amount of solvent or carrier (i.e. the inert) portion of pesticides was 

considered 1.45 times the amount of active ingredient (a.i.). In other 

words, 59% of the total content of a pesticide formulation was inert. 

2. The total potential VOC emissions is 2.45 times the amount of active 

ingredient (a.i.). 

Data on pesticide use in New Mexico was obtained from the National Center for Food 

and Agricultural Policy. Agricultural crop data for Dona Ana County were obtained from 

the State Agriculture Department in Las Cruces. Volatility (vapor pressure) data were 

also necessary to do VOC emission calculations. Data on the volatility of pesticides were 

obtained from a variety of sources including AP 42, the Risk Assessment Information 

System, and the United States Department of Agriculture: Agricultural Research 

Services. Since pesticide use data, by crop, were only available on a statewide basis, 

such data had to be apportioned down to the nonattainment area based on crops grown in 

the area. Crop data were available by county. The first step was to take pesticide use 
30

data and to apportion them down to Dona Ana County based on what crops were grown 

in the county and what percentage of state production they accounted for. 

New Mexico has a large amount of crop production throughout the state. Using state and 

county data provided by the USDA National Agricultural Statistic Service it was 

determined which crops were produced in Dona Ana County in 2002. Most of the 

agricultural land in Dona Ana County is located near the Rio Grande and the 

nonattainment area is entirely located near the Rio Grande. The Rio Grande extends 80 

miles (north to south) within Dona Ana County of which 18 miles is within the 

nonattainment area. Hence, agriculture within the nonattainment area was estimated to 

represent 22.5% (18/80 = 0.225) of agriculture within the county. 

Table 3-7. Agriculture in Doña Ana County, New Mexico 

CROPS GROWN IN 

DONA ANA 

COUNTY 

ACRES 

PLANTED IN 

NEW MEXICO 

TOTAL 

ACRES IN 

DONA ANA 

COUNTY 

PERCENTAGE OF 

CROP IN DONA 

ANA COUNTY 

Alfalfa/Hay 260,000 20,000 7.7 

Corn 135,000 13,000 9.63 

Cotton 61,100 14,800 24 

Chile 18,000 4,500 25 

Onions 8,100 4,500 55 

Pecans 36,000 26,000 72 

Table 3-8. How pesticide use was apportioned down to: 1) the county level, then 2) down to the 

level of the Sunland Park nonattainment area. 

LBS A.I./YEAR 

USED IN NEW 

MEXICO 

CROP THAT 

CHEMICAL IS 

APPLIED TO 

PERCENT OF 

CROP IN 

DONA ANA 

COUNTY 

NONATTAINMENT 

AREA AS A 

PERCENT OF 

COUNTY 

LBS A.I./YEAR 

USED IN THE 

NONATTAINMENT 

AREA 

4,047 Alfalfa 7.7 22.5 70 

38,758 Cotton 24 22.5 2093 

42,805 TOTALS 2163 

The following is an example calculation using the pesticide 1,3-D. 

2,163 lbs a.i./year used in the nonattainment area 

2,163 x 1.45 (inert portion factor) = 3,136 lbs of inert ingredients used/year 

Calculating VOC from inert ingredients: Since data on pesticide formulations (e.g. emulsifiable 

concentrate, wettable powder, etc.) were not readily available for pesticides used in this area, an 
31

average VOC content was used. From AP-42: the average VOC content of 18 formulations of 

inert ingredients = 32% by weight. The calculation: 

3,136 lbs inert ingredients/year x 0.32 = 1003.6 lbs of VOC emitted from inert 

ingredients in metribuzin 

Calculating VOC from active ingredients: Since data were not available on whether surface 

application or soil incorporation techniques were used on the various pesticides, all 

determinations were based on the worst case scenario of surface application. Pesticides applied 

to the soil surface will volatilize more quickly and to a greater extent when compared to soil 

incorporation. Malathion, which has a vapor pressure of < 1 x 10-5 mm Hg, has a surface 

application VOC emission factor of 350 kg/Mg or 700 lbs/ton. This means that 35% of the 

active ingredient may volatilize. 

2,163 lbs a.i./year used in the nonattainment area 

2,163 x 0.35 = 747.6 lbs of VOC emitted from a.i. in metribuzin 

Summing VOC from inert and a.i.: 1003.6 + 747.6 = 1751.2 lbs of total VOC emitted from 

malathion. 

Tables 1-9 though 1-11 summarize VOC emissions from all agricultural pesticide use in the 

nonattainment area. A grand total of 105,658.5 lbs (52.82 tons) of pesticide active ingredients 

(a.i.) were estimated to be used within the nonattainment area annually. This results in VOC 

emissions of 24.44 tons per year. Seventy-five percent of these emissions come from the most 

volatile pesticide group (Table 2.5-I). This group also has the greatest use in terms of tons of a.i. 

per year. The pesticide 1,3-D accounts for 94% of the emissions in this group. 

Table 3-9. Pesticides with vapor pressures <1 x 10 -6 mmHg. Surface Application emission factor 

assumed 

PESTICIDE LBS. of Active Ingredient 

(a.i.) used in the 

Nonattainment Area 

LBS. VOC EMITTED 

( Lbs a.i. multiplied by the 

emission factor - 0.068) 

2,4 - DB 38 2.5 

ATRAZINE 1732 117 

 BENSULIDE 635 43.18 

BIFENTHRIN 16 1.08 

CARBOFURAN 935 63.58 

CETHODIM 26 1.77 

CYANAZINE 1349 91.73 

CYFLUTHRIN 9 .612 
32

CYPERMETHRIN 75 5.1 

DIMETHIPIN 46 3.12 

DIURON 14 .95 

ENDOSULFAN 115 7.82 

ENDOTHALL 4 .27 

ESFENVALERATE 44 2.99 

ETHEPHON 311 21.15 

FLUAZIFOP 534 36.31 

FLUMETSULAM 1 0.068 

FLUOMETURON 55 3.74 

GLYPHOSATE 1170 79.56 

IMAZETHAPYR 113 7.68 

IPRODIONE 270 18.36 

LACTOFEN 37 2.5 

LAMDACYHALOTHRIN 70 4.76 

MEPIQUAT CHLORIDE 39 2.65 

MSMA 367 24.9 

MYCLOBUTANIL 15 1.02 

NAPROPAMIDE 1154 78.47 

NICOSULFURON 8 .54 

NORFLURAZON 270 18.36 

OXYFLUORFEN 150 10.2 

PARAQUAT 264 17.95 

PERMETHRIN 131 8.91 

PRIMISULFURON 5.5 .37 

PROFENOFOS 334 22.7 
33

PROFENOFOS 3 .20 

PYRITHIOBAC 22 1.5 

SETHOXYDIM 219 14.89 

SODIUM CHLORATE 6462 439.42

TEBUFENOZIDE 103 7.0 

TERBACIL 66 4.48 

THIDIAZURON 382 25.9 

THIODICARB 184 12.5 

42 CHEMICALS 17,777.5 1207.79 (0.6 tons)

Table 3-10. Pesticides with vapor pressures 1 x 10-4 to 1 x 10 -6 mmHg. Surface Application 

emission factor assumed 

 PESTICIDE LBS. of Active Ingredient 

(a.i.) used in the 

Nonattainment Area 

LBS. VOC EMITTED 

(LBS. a.i. multiplied by the 

emission factor -0.35) 

2, 4 - D 206 72.1 

ACEPHATE 1002 350.7 

ALACHLOR 825 288.75 

ALDICARB 723 253.13 

BENEFIN 805 281.75 

BROMOXYNIL 40 14 

CHLORPYRIFOS 6322 2212.7 

CLOPYRALID 2 .7 

DCPA 738 2583 

DIAZINON 19 6.65 

DICAMBA 203 71.05 

DIMETHOATE 209 73.15 

MALATHION 2163 757.05 
34

 PESTICIDE LBS. of Active Ingredient 

(a.i.) used in the 

Nonattainment Area 

LBS. VOC EMITTED 

(LBS. a.i. multiplied by the 

emission factor -0.35) 

METHOMYL 678 237.3 

METHYL PARATHION 501 175.35 

METOLACHLOR 2609 913.15 

METRIBUZIN 121 42.35 

PENDIMETHALIN 2369 829.15 

PROMETRYN 2754 963.9 

TRIBUFOS 2009 703.15 

20 CHEMICALS 24,298 10,829.08 (5.4 tons) 

Table 3-11. Pesticides with vapor pressures >1 x 10 -4 mmHg. Surface Application emission factor 

assumed 

 PESTICIDE LBS. of Active Ingredient 

(a.i.) used in the 

Nonattainment Area 

LBS. VOC EMITTED 

(LBS. a.i. multiplied by the 

emission factor -0.58) 

1,3 -D 59,723 34,639 

CHLOROTHALONIL 99 51.04 

CLOMOZONE 45 26.1 

DICROTOPHOS 37 21.46 

DISULFOTON 405 234.9 

EPTC 104 60.32 

OXAMYL 760 440.8 

PCNB 519 301.02 

PROPARGITE 91 52.78 

TRIFLURALIN 1800 1044.0 

10 CHEMICALS 63,583 36,871.42 (18.44 tons) 
35

VOC Emissions summary of Tables 1-9, 1-10, and 1-11: 

1-9: 0.6 tons 

1-10: 5.4 tons 

1-11: 18.44 tons

Grand Total 24.44 tons of VOC from pesticide a.i.(active ingredients) 

L. Service (Gasoline) Stations: 

Vehicle refueling emissions from gasoline service stations is included in On-Road Mobile 

Sources within this report. 

M. Solvent Use: 

Commercial and consumer solvent use can be calculated using EPA AP-42 per capita emission 

factors (4.2 kg/yr or 9.2 lbs/yr). 

4.2 kg/yr x 16,269 people = 68,329.8 kg of VOC (151,008 lbs or 75.50 tons) 

Since 31% of this is considered non-reactive, multiply the above figure by 69%, leaving 52.09 

tons of VOC emitted annually. Guidance and emission factors in the draft EIIP (Emissions 

Inventory Improvement Program) yields similar results (7.99 lbs/person/year): 129,989.3 lbs or 

65.00 tons per year. 

N. Surface Cleaning: 

The automobile repair shops and body shops could be included here but since they have been 

included elsewhere (e.g. surface coatings and solvent use) they should not be counted here in 

order to prevent double counting. No other types of surface cleaning operations were identified. 

O. Synthetic Organic Chemical Storage Tanks 

None of these were identified. 

P. Tank Breathing Losses: 

This category applies to fuel or other chemical storage tanks. The general equation for this 

determination is LT (total losses) = LS (standing losses) + LW (working losses). The following 

tanks were identified: 
36

Table 3-12. Summary of tank source, content, and size. 

SOURCE TANK CONTENTS TANK SIZE (gallons) 

Grocery/gas station gasoline 

diesel 

3 @ 2000 = 6000 

2 @ 10,000 = 20,000 

15,000 

Brick Manufacturing gasoline 

diesel 

14,000 

5000 

Race Track gasoline 

diesel 

2000 

2000 

Aviation Co. gasoline 6000 

Border Patrol gasoline 

diesel 

12000 

6000 

TOTALS 60,000 gal - gasoline 

28000 gal - diesel 

The same assumptions will be used for this inventory as were used for the 1995 inventory. 

These assumptions include that each tank is refilled once per month (which may or may not be 

an overestimate), the emissions factor (1 lb of VOC/103 gal of throughput) for underground tank 

breathing losses will be doubled (2 lbs/103 gal of throughput) for aboveground tanks to adjust for 

potentially greater emissions. 

 

P1. Underground gasoline tanks (grocery/gas stations)

26,000 gal x 12 months = 312,000 gal/yr = 312 x 103

 gal/yr 

312 x 103

 gal/yr x 1 lb/103 gal = 312 lbs of VOC/yr (0.2 tons) 
37

P2. Aboveground gasoline tanks (the brick manufacturing/aviation/race track/border patrol)

34,000 gal x 12 months = 408,000 gal/yr = 408 x 103

 gal/yr 

408 x 103 gal/yr x 2 lbs/103 gal = 816 lbs of VOC/yr (0.4 tons) 

P3. Aboveground diesel tanks (the brick manufacturing/ race track/border patrol)

12,000 gal x 12 months = 144,000 gal/yr = 144 x 103 gal/yr 

144 x 103

 gal/yr x 2 lbs/103 gal = 288 lbs of VOC/yr (0.14 tons) 

P4. Underground diesel tanks (grocery/gas station)

15,000 x 12 months = 180,000 gal/yr = 180 x 103

 gal/yr 

180 x 103 gal/yr x 1 lb/103 gal = 180 lbs of VOC/yr (0.1 tons) 

P5. Summary of Tank Breathing Losses.

0.2 tons + 0.4 tons + 0.14 tons + 0.1 tons = 0.84 tons of VOC (1680.0 lbs) 

Ozone season day emissions were calculated to be 4.6 lbs/day (0.0023 tons/day). This was based 

on 7 days/week operation and 25% activity in the ozone season. 

Q. Tank, Tank Truck, Rail Car, Barge, and Drum Cleaning: 

None of these activities were identified within the nonattainment area. 

R. Tank Truck Unloading - Tank Loading: 

This category also applies to fuel or other chemical storage tanks. The following tanks were 

identified (same tanks as listed under Tank Breathing Losses): 

Table 3-13. Summary of tank source, content, and size for tank unloading and loading.

SOURCE TANK CONTENTS TANK SIZE (gallons) 

Grocery/gas station gasoline 

diesel 

3 @ 2000 = 6000 

2 @ 10,000 = 20,000 

15,000 

Brick Manufacturing gasoline 

diesel 

14,000 

5000 

Race Track gasoline 

diesel 

2000 

2000 
38

Aviation Co. gasoline 6000 

Border Patrol gasoline 

diesel 

12000 

6000 

TOTALS 60,000 gal - gasoline 

28000 gal - diesel 

The same assumptions will be used for this inventory as were used for the 1995 inventory. 

These assumptions include that each tank is refilled once per month (which may or may not be 

an overestimate) and that the worst case estimate, the splash fill emission factor (11.5 lb of 

VOC/103

 gal of throughput) will be used from AP 42. 

R1. Underground gasoline tanks (grocery/gas stations)

26000 gal x 12 months = 312,000 gal/yr = 312 x 103 gal/yr 

312 x 103

 gal/yr x 11.5 lb/103 gal = 3,588 lbs of VOC/yr (1.8 tons) 

R2. Aboveground gasoline tanks (the brick manufacturing/aviation/race track/border patrol)

34,000 gal x 12 months = 408,000 gal/yr = 408 x 103 gal/yr 

408 x 103

 gal/yr x 11.5 lbs/103 gal = 4692 lbs of VOC/yr (2.3 tons) 

R3. Aboveground diesel tanks (the brick manufacturing/ race track/border patrol)

12,000 gal x 12 months = 144,000 gal/yr = 144 x 103

 gal/yr 

144 x 103 gal/yr x 11.5 lbs/103 gal = 1656 lbs of VOC/yr (0.83 tons) 

R4. Underground diesel tanks (grocery/gas station)

15,000 gal x 12 months = 180,000 gal/yr = 180 x 103

 gal/yr 

180 x 103 gal/yr x 11.5 lbs/103 gal = 2070 lbs of VOC/yr (1.04 tons) 

Summary of Tank Unloading/Loading Emissions: 

1.8 tons + 2.3 tons + 0.83 tons + 1.04 tons = 5.97 tons of VOC (11,940 lbs). 

Ozone season daily emissions were calculated to be 32.71 lbs/day (0.0164 tons/day). This was 

based on 7 days/week operation and 25% activity during the ozone season. 

S. Waste Treatment Facilities: 

This category includes municipal landfills, industrial and municipal wastewater, and wastewater 

package plants. Of these, there is one large municipal landfill and one wastewater treatment 

facility. 

S1. Camino Real Landfill. 

This data was obtained from the February 10, 1999 permit application and December 15, 

2003 Compliance Report submitted by the landfill to fulfill NSPS (40 CFR Part 60 

Subpart WWW) requirements. In August of 2000, the landfill installed a gas collection 
39

and control system (GCCS), which significantly reduced their VOC emissions. The 

GCCS consists of 36 vertical extraction wells and buried transmission piping to collect 

and convey landfill gas to a utility flare for destruction. Destruction of landfill gas is 

achieved by routing collected gas to a blower/flare assembly via a blower-induced 

vacuum. 

The Tier III Calculation method used in the February 10, 1999 permit application from 

the Camino Real Landfill is state as 69 tons/yr without the control system in place. With 

the control system the emissions are reported to be negligible. Since the GCCS was 

installed in August of 2000 this control system has been in operation, thus reducing 

NMOC emissions to a negligible level. 

S2. Municipal Wastewater - Sunland Park City Wastewater Treatment Plant: 

EPA’s general emission factor is 1.1 x 10-4 lbs VOC/gal of treated wastewater. VOC 

emissions are directly proportional to industrial effluent (the national default is 16% of 

wastewater is industrial in origin). The Sunland Park treatment plant handles 500,000 

gal/day. So the calculation is as follows: 

498,000 gal/day x 365 days x 1.1 x 10-4 lbs VOC/gal x 0.16 x 1 ton/2000 lbs = 

1.60 tons/year of VOC (3200 lbs) 

Ozone season day emissions were calculated as 0.00440 tons/day (8.79 lbs/day). These 

are based on 7 days/week operation and 25% activity in the fall (15% winter, 25% spring, 

and 35% summer). 

SUMMARY OF ALL EVAPORATIVE EMISSION SOURCES

From summary data in Table 1-14 (below) the most significant evaporative sources of VOC are: 

1) the landfill, 2) architectural coatings, 3) solvent use, and 4) pesticide use. These four sources 

combined account for 97% of all emissions under the worst case situation and 88% under the 

best case situation. Worst and best case situations were based on different methods for 

estimating emissions from the landfill. Under the worst case, the landfill accounts for 84% of all 

evaporative emissions. Under the best case the landfill accounts for only 32% of emissions. 

Table 3-14. Summary of all evaporative sources. TPY = tons/year; PPD = pounds/day.

 SOURCES VOC EMISSIONS 

 TPY PPD 

AIRCRAFT REFUELING 0.184 1.01 

ASPHALT .029 .016 

BIOPROCESS .66 3.6 

CATASTROPHIC RELEASES 0.0 0.0 

SURFACE ARCHITECTURAL 38.03 208.38 
40

COATING AUTO REFINISHING 15.62 85.58 

DRY CLEANING 0.0 0.0 

GRAPHIC ARTS 0.0 0.0 

LEAKING UNDERGROUND STORAGE TANKS 0.0 0.0 

MISCELLANEOUS OTHER SOURCES 4.1 22.47 

OIL AND GAS OPERATIONS 0.0 0.0 

PESTICIDE USE 24.44 133.91 

SERVICE (GASOLINE) STATIONS in Mobile 5 model in Mobile 5 model 

SOLVENT USE 65.00 356.16 

SURFACE CLEANING 0.0 0.0 

SYNTHETIC ORGANIC CHEMICAL STORAGE 

TANKS 

0.0 0.0 

TANK BREATHING LOSSES 0.84 4.6 

TANK, TANK TRUCK, RAIL CAR, BARGE, 

AND DRUM CLEANING 

0.0 0.0 

TANK TRUCK UNLOADING/LOADING 5.97 32.71 

WASTE LANDFILLS Negligible Negligible 

TREATMENT 

WASTE WATER 1.60 8.79 

GRAND TOTALS 156.47 857.26 
41

Point Source Emissions 

This section presents data on point sources: 1) within the Sunland Park ozone nonattainment 

area, and 2) within a 25 mile radius of the nonattainment area. According to U.S. EPA guidance 

on ozone nonattainment area SIP inventories, sources located within the nonattainment area and 

emitting 100 or more tons of carbon monoxide (CO), 100 or more tons of nitrogen oxides (NOx), 

or 10 or more tons of volatile organic compounds (VOC) should be inventoried individually as 

point sources. In addition, the 1990 Clean Air Act Amendments specify that NOx sources 

greater than 25 tons must submit emission statements within three years of designation as a 

nonattainment area. Such sources must submit reports annually thereafter. Hence, this SIP 

inventory will include 25 ton NOx sources as point sources as well. Within a 25 mile radius of 

the nonattainment area, the inventory includes sources emitting 100 tons or more of carbon 

monoxide, nitrogen oxides or volatile organic compounds. The 25 mile radius was measured 

from the periphery of the nonattainment area and includes most of El Paso County, Texas and 

much of Las Cruces, New Mexico. This radius would also encompass much of Juarez, Mexico, 

however due to lack of data; sources in Mexico are not included in this discussion. 

SOURCES WITHIN THE NONATTAINMENT AREA

Under the above definitions, there are two sources considered as point sources within the 

nonattainment area: El Paso Electric Co. and Foamex International Inc. El Paso Electric is a 

power generation facility and a point source for CO and NOx. Foamex manufactures foam 

products such as automobile seats and is a point source for VOC. 

A. El Paso Electric: 

Emissions data from the EPA AIRS database for 1995 are summarized below: 

Table 3-15. Emissions from El Paso Electric Co. TPY = tons/year; TPD = tons/day; CEM = 

continuous emission monitors.

POLLUTANT AIRS EMISSIONS DATA (TPY) 

ALLOWABLES ACTUALS 

ACTUAL 

EMISSIONS (TPY) 

WITH RULE 

EFFECTIVENESS 

DAILY 

EMISSIONS 

(TPD) 

CO 3437.6 144.7 173.64 0.48 

NOx 3383.8 895.2 1074.24 3.0 

VOC 21.5 24.65 29.58 0.081 

In 2002, El Paso Electric was a Title V source within the Sunland Park nonattainment area. 

EPA's rule effectiveness procedure was applied to the actual emissions data. Rule effectiveness 

procedures adjust emissions to account for times of rule non-compliance. El Paso Electric, being 

a major point source, has a few rules that apply to it. EPA's default rule effectiveness of 80% 

compliance was applied to the actual emissions data. 
42

Although El Paso Electric did not run at full capacity during all of 2002, 365 days per year 

operation and 25% of annual activity within the ozone season will be used for the tons per day 

for a more conservative estimate (e.g. 173.64 ton/yr of CO ÷ 365 = 0.48 tons/day). 

B. Foamex International Inc: 

Foamex International Inc. is not directly located within the boundary of the nonattainment area, 

but due to its close proximity to the nonattainment area (less that one mile) and that it was 

included as a point source in the 1995 inventory it was included in this section. Their emissions 

are summarized below: 

Table 3-16. Emissions from Foamex International Inc. TPY = tons/year; TPD = tons/day. 

POLLUTANT AIRS EMISSIONS DATA (TPY) 

ALLOWABLES ACTUALS 

ACTUAL 

EMISSIONS 

(TPY) WITH 

RULE 

EFFECTIVENESS 

DAILY 

EMISSIONS 

(TPD) 

CO 39.1 15.614 18.74 0.072 

NOx 14.4 9.55 11.46 0.044 

VOC 134.1 53.84 64.61 0.25 

Again, EPA's default rule effectiveness of 80% was used. The ozone season day determination 

was based on 25% of annual activity within the 3 month ozone season and 5 days/week operation 

(e.g. 24.41 tons/year CO × 0.25 ÷ 5 ÷ 13 = 0.094 tons/day). 

SOURCES WITHIN A 25 MILE RADIUS OF THE NONATTAINMENT AREA

A. Sources within New Mexico: 

A.1 New Mexico State University Physical Plant:

Based on estimated actual emissions data in AIRS, only one source was over 100 tons per 

year for any of the three inventoried pollutants. This source was the New Mexico State 

University Physical Plant. Emissions data from AIRS are as follows: 
43

Table 3-17. Emissions from the New Mexico State University Physical Plant. 

TPY = tons/year; TPD = tons/day. 

POLLUTANT AIRS EMISSIONS DATA (TPY) 

ALLOWABLES ACTUALS 

ACTUAL 

EMISSIONS 

(TPY) WITH 

RULE 

EFFECTIVENESS 

DAILY 

EMISSIONS 

(TPD) 

CO 82.5 5.22 6.26 0.017 

NOx 215.5 108.88 130.66 0.358 

VOC 11.6 7.98 9.58 0.026 

Default rule effectiveness procedures of 80% were applied to this source. Ozone season 

day determinations were based on 365 days/year operation and 25% of annual activity in 

the 3 month ozone season. 

A.2. Other Sources from 1995 Inventory:

It may be pertinent to note that in 1995, two other sources were included in this portion of 

the inventory. Those sources were: the El Paso Natural Gas - Afton Compressor Station 

and the Las Cruces Waste Water Treatment Facility. For continuity these two sources 

have been included in this inventory. From AIRS: 
44

Table 3-18. Emissions from the El Paso Natural Gas - Afton Compressor Station and the Las 

Cruces Waste Water Treatment Facility for 2002. TPY = tons/year. 

AIRS EMISSIONS DATA 

(TPY) 

SOURCE POLLUTANT 

ALLOWABLES ACTUALS 

ACTUAL 

EMISSIONS 

(TPY) WITH 

RULE 

EFFECTIVENESS 

CO 97.2 2.2 2.64 (0.007 TPD) 

NOx 612 13.9 16.68 (0.045 TPD) 

Afton 

Compressor 

Station 

VOC 7.6 5.7 6.84 (0.018 TPD) 

CO 29.8 14.95 17.94 (0.049 TPD) 

NOx 96.1 45.33 54.40(0.149 TPD) 

Las Cruces 

Waste 

Waster 

Treatment 

Facility VOC 7.9 3.79 4.55 (0.012 TPD) 

B. Sources within El Paso County, Texas: 

Data on El Paso sources were also extracted from AIRS or directly from the Texas Commission 

on Environmental Quality (TCEQ) (Appendix K) and summarized below (Table 2.4-E). Some of 

the data obtained from TCEQ were more recent than what is currently available in AIRS. All of 

these figures for El Paso, Texas are based on rule effectiveness as presented in AIRS. 

Table 3-19. Point sources in El Paso, TX emitting 100 or more tons per year of either CO, NOx, or 

VOC: Annual emissions. 

 ANNUAL EMISSIONS 

 (TPY = tons per year) 

 SOURCE 

 CO 

 TPY 

 NOx 

 TPY 

 VOC 

 TPY 

YEAR OF 

MOST 

RECENT 

INVENTORY* 

Border Steel Mills 190.74 85.15 4.47 2002 

Chevron U.S.A. Products 657.16 720.29 232.56 2002 

Chevron USA Inc. 149.12 440.92 110.03 2002 

El Paso Electric Co. 552.00 1717.10 38.10 2002 
45

El Paso Natural Gas Co. 116.37 454.79 16.82 2002 

Phelps Dodge Corporation 276.31 129.30 9.58 2002 

TOTALS 1941.70 3547.55 411.56 

* Data obtained from TCEQ. 

The following table (2-6) presents ozone season daily emissions (in pounds per day = PPD). All 

data were extracted from AIRS and all figures are with rule effectiveness applied. 

Table 3-20. Point sources in El Paso, TX emitting 100 or more tons per year of either CO, NOx, or 

VOC: Daily emissions for the ozone season.

 DAILY EMISSIONS - OZONE SEASON 

 (PPD = pounds per day) 

 SOURCE 

 CO 

 PPD 

 NOx 

 PPD 

 VOC 

 PPD 

YEAR OF 

MOST 

RECENT 

INVENTORY 

Border Steel Mills 1045.15 466.57 24.49 2002 

Chevron U.S.A. Products 3600.87 3946.79 1274.30 2002 

Chevron USA Inc. 817.09 2416.00 602.90 2002 

El Paso Electric Co. 3024.65 9,408.76 208.76 2002 

El Paso Natural Gas Co. 637.64 2492.00 92.16 2002 

Phelps Dodge Corporation 1514.02 708.49 52.49 2002 

TOTALS 10,638.55 

(5.3 tons) 

19,438.61 

(9.72 tons) 

2255.1 

(1.13 tons) 

It is assumed that PPD emissions are based on 365 days per year of operation. Actual figures for 

the 2002 ozone season were not available in AIRS or TCEQ for the so these were estimated in 

order arrive at a summary figure. 

SUMMARY OF POINT SOURCE EMISSIONS

Table 2-7, below, summarizes all point sources emissions within the nonattainment area and 

within a 25 mile radius (Las Cruces and El Paso). Point Sources located in El Paso account for 

73.3% of the NOx emissions; 90% of CO emissions; and 78% of VOC emissions in the region. 
46

Large point sources within a 25 mile radius outside of the Sunland Park nonattainment area 

(including both New Mexico and Texas) account for 78% of the NOx emissions; 91% of the CO 

emissions; and 82% of the VOC emissions in the region. The Sunland Park nonattainment area 

only accounts for 22% of the NOx emissions; 9% of the CO emissions; and 23% of the VOC 

emissions for the region. Due to the limited hours for operation by El Paso Electric in 2002, CO 

emissions have been reduced by 95.5% since the 1995 Sunland Park emissions inventory. 

Table 3-21. Summary of point source emissions in the Sunland Park area. 

TPY = tons/year; TPD = tons/day. 

POINT SOURCE CO NOx VOC 

LOCATIONS 

 TPY 

 

TPD TPY TPD 

 

TPY TPD 

Within the Sunland 

Park Nonattainment 

Area (NA) - 2 

sources 

192.38 0.552 1085.7 3.044 94.19 0.331 

Outside NA - NM - 3 

source 

26.84 0.073 201.74 0.552 20.97 0.056 

Outside NA - TX – 6 

sources 

1941.70 5.32 3547.55 9.72 411.56 1.13 

TOTALS 2160.92 5.95 4834.99 13.32 526.72 1.52 
47

Mobile Source Emissions 

ON-ROAD MOBILE SOURCES

These sources include automobiles, trucks and all vehicles that travel on established roads. The 

2002 NEI was used to determine the emissions for both on-road and non-road mobile sources. 

EPA used Mobile6 to determine the emissions for each state in the United States. Emissions data 

was provided down to the county level in each state. Using population projections for the 

Sunland Park nonattainment area and Doña Ana County, emission estimates where made using 

the on-road and non-road mobile source emissions provided for Doña Ana County. This 

information was used to determine the mobile emissions for the Sunland Park nonattainment 

area. 

Table 3-22. Summary of emissions from on-road mobile sources in the Sunland Park 

nonattainment area. See table footnote for vehicle class abbreviations. 

VEHICLE DAILY SUMMER-TIME EMISSIONS IN POUNDS 

CLASS* 

 CO NOx VOC 

LDGV 14188.5 1013.2 1287.1 

LDGT1 7201.6 470.6 578.1 

LDGT2 3751.5 196.6 331.1 

HDGV 2755.7 148.1 132.1 

LDDV 3.6 3.09 1.5 

LDDT 4.7 2.9 2.4 

HDDV 1181.4 1787.9 199.1 

MC 184.6 4.2 16.8 

TOTALS 29271.7 

(14.6 tons) 

3626.7 

 1.81 tons 

2548.1 

(1.27 tons) 

* Vehicle class abbreviations are as follows: LDGV = light duty gasoline powered 

vehicles; LDGT1 = light duty gasoline powered trucks, from 0-6000 lbs gross vehicle weight; 

LDGT2 = light duty gasoline powered trucks, from 6001-8500 lbs gross vehicle weight; HDGV 

= heavy duty gasoline powered vehicles; LDDV = light duty diesel powered vehicles, from 0-

6000 lbs gross vehicle weight; LDDT = light duty diesel powered trucks; HDDV = heavy duty 

diesel powered vehicles; and MC = motorcycles. 

Gross annual emissions in tons per year are as follows: 

CO: ≥5329 tons 

NOx: ≤660.6 tons 

VOC: ≥463.5 tons 
48

NON-ROAD MOBILE SOURCES

Non-road mobile sources include railroads, aircraft, ships and watercraft, and many other 

miscellaneous sources such as agricultural vehicles, construction vehicles, light commercial use 

vehicles, and lawn and garden equipment. These types of sources can be hard to inventory and 

quantify. For this inventory, data were obtained thru the NEI for 2002. 

Criteria pollutants and HAPs were estimated for the 2002 NEI for vehicles and equipment 

included in EPA’s NONROAD Model by running EPA’s National Mobile Inventory Model 

(NMIM) for nonroad sources for 2002. NMIM is a consolidated modeling system that 

incorporates NONROAD, MOBILE, and a County Database (CDB) in a Java framework. Within 

each state, counties with similar temperatures and fuel properties were grouped to minimize the 

number of NONROAD runs required. For each county group, NMIM executes NONROAD once 

for each month of the year. 

Table 3-23. Summary of non-road mobile source emissions for Sunland Park for 2002. 

TPY = tons/year; TPD = tons/day. 

SOURCE CO NOx VOC 

CATEGORIES 

 TPY TPD TPY TPD TPY TPD 

Off Road Gas 627.0582 2.315215 4.81254 0.013301 47.07829 0.169446 

LPG 14.16104 0.039082 3.655205 0.010021 0.966662 0.00246 

CNG 1.936513 0.005284 0.489207 0.001367 0.007835 0 

Off Road Diesels 30.35479 0.107225 54.93503 0.194225 6.497799 0.022684 

Aircrafts 8.009512 0.020953 1.197965 0.002824 0.471898 0.001367 

Railroads 10.68721 0.027968 103.2783 0.221737 3.882591 0.009839 

Other 19.43874 0.104218 0.614287 0.003006 7.681643 0.039082 

TOTALS 711.6461 2.619945 168.9826 0.446481 66.58672 0.244877 

Off road gas sources account for 88% of carbon monoxide (CO) and 70% of volatile organic 

compounds (VOC), while railroads account for 61% of nitrogen oxides (NOx) emissions in the 

Sunland Park ozone nonattainment area. Daily ozone season emissions are based on 7 

days/week operation and 25% of annual activity in the ozone season. 
49

Biogenic Source Emissions 

This section summarizes emissions from biogenic sources. These are primarily VOC emissions 

from vegetation, but also include nitrogen oxides (mainly nitrous oxide, NO) from soil microbes. 

The biogenic emissions data for the Sunland Park nonattainment area has been taken from the 

2002 NEI. 

Table 3-24. County-wide biogenic emissions for Doña Ana County, New Mexico 

Units Isoprene Terpenes Other VOC NOx 

Tons/year 9347.5 8943.8 29,738.3 522.1 

Tons/Day 33.4 31.9 106.2 1.86 

Lb/Day 66,767.8 63,884.3 212,414.3 3729.3 

The Sunland Park nonattainment area is approximately 42 square miles in area. This area can be 

divided into the following two portions: 1) the northern (narrower) portion, running from the 

north boundary at latitude 32° 00' southwards to about latitude 31° 49', is 3.5 miles wide by 6.25 

miles high = 21.88 sq. miles; and 2) the southern (wider) portion, running from 31° 49' 

southwards to the Mexico border, is about 8 miles wide by 2.5 miles high = 20.00 sq. miles). 

Next, dividing 42 sq. miles by 3804 total square miles within Dona Ana County makes the 

nonattainment area only 1.10% of the county-wide area. 

Finally, taking 1.10% of the emission figures in the table above results in the following 

emissions for the Sunland Park nonattainment area (per day): 

Isoprene: 0.367 tons 

Terpenes: 0.351 tons 

Other VOC: 1.168 tons 

NOx: 0.020 tons 

All VOC emissions (isoprene + monoterpenes + other VOC) are 1.88 tons/day. 

Assuming no emissions or insignificant emissions during cooler dormant seasons of the year, 

(assumed to be the four months from November to February), daily emissions were multiplied by 

240 days (the 8 months from March to October) resulting in the following annual emissions: 

VOC: 528.08 tons/yr 

NOx: 5.74 tons/yr 
Appendix A: 

Sunland Park Ozone Nonattainment Designation Federal Register Notice, 

June 12, 1995 
Designation of Area for Air Quality Planning 

Purposes; New Mexico; Designation of Sunland 

Park Ozone Nonattainment Area 

[Federal Register: June 12, 1995 (Volume 60, Number 112)] 

[Rules and Regulations] 

[Page 30789-30791] 

From the Federal Register Online via GPO Access [wais.access.gpo.gov] 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 81 

[NM-25-1-6980; FRL-5218-1] 

 

Designation of Area for Air Quality Planning Purposes; New 

Mexico; Designation of Sunland Park Ozone Nonattainment Area 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to section 107(d)(3) of the Clean Air Act (CAA), the 

EPA is taking final action to redesignate a portion of Dona Ana County, 

New Mexico (i.e. the Sunland Park area) from unclassifiable/attainment 

to nonattainment for the ozone National Ambient Air Quality Standards 

(NAAQS). The redesignation is based upon violations of the ozone NAAQS 

which were monitored from 1992-1994. 

EFFECTIVE DATE: July 12, 1995. 

ADDRESSES: Copies of the documents relevant to this action are 

available for public inspection during normal business hours at the 

addresses listed below. The interested persons wanting to examine these 

documents should make an appointment at least twenty-four hours before 

the visiting day. 

U.S. Environmental Protection Agency, Region 6, Air Programs Branch 

(6T-A), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733 

New Mexico Environment Department, Air Monitoring & Control Strategy 

Bureau, 1190 St. Francis Drive, room So. 2100, Santa Fe, New Mexico 

87503 

FOR FURTHER INFORMATION CONTACT: Mr. Mark Sather, Planning Section 

(6TAP), 

Air Programs Branch (6T-A), USEPA Region 6, 1445 Ross Avenue, 

Dallas, Texas 75202-2733, telephone (214) 665-7258. 

SUPPLEMENTARY INFORMATION: 
Background 

 The CAA authorizes the EPA to revise the designation of current 

ozone areas from unclassifiable/attainment to nonattainment on the 

basis of air quality data, planning and control considerations, or any 

other air quality-related considerations the EPA deems appropriate (see 

section 107(d)(3) of the CAA). 

 Following the process outlined in section 107(d)(3) of the CAA, on 

December 16, 1994, the Regional Administrator of the EPA Region 6 

notified the Governor of New Mexico that the EPA believed the Sunland 

Park area should be redesignated as nonattainment for ozone. Under 

section 107(d)(3)(B) of the CAA, the Governor of New Mexico was 

required to submit to the EPA the designation considered appropriate 

for the Sunland Park area within 120 days after the EPA's notification. 

The EPA received the State's response for the Sunland Park area on 

February 6, 1995 (letter dated January 30, 1995). Following receipt of 

the Governor's letter, the EPA proceeded to propose the nonattainment 

designation for the Sunland Park area (see 60 Federal Register (FR) 

17756-17758, April 7, 1995). The EPA now is taking final action on the 

proposed nonattainment redesignation. Based upon the EPA's review of 

the State's January 30, 1995, letter for the Sunland Park area, the EPA 

is finalizing a redesignation to nonattainment which is consistent with 

the request submitted by the Governor of New Mexico. 

 Section 107(d)(1)(A) of the CAA sets out definitions of 

nonattainment, attainment, and unclassifiable. A nonattainment area is 

defined as any area that does not meet (or that significantly 

contributes to ambient air quality in a nearby area that does not meet) 

the national primary or secondary ambient air quality standard for 

ozone (see section 107(d)(1)(A)(i) of the [[Page 30790]] CAA) <SUP>1. 

Thus, in determining the appropriate boundaries for the nonattainment 

area finalized in this action, the EPA has considered not only the area 

where the violations of the ozone NAAQS are occurring, but nearby areas 

which significantly contribute to such violations. 

 \1\ The EPA has construed the definition of nonattainment area to 

require some material or significant contribution to a violation in a 

nearby area. The Agency believes it is reasonable to conclude that 

something greater than a molecular impact is required. 

Response to Public Comments 

 In the April 7, 1995, proposal FR action, the EPA requested public 

comments on all aspects of the proposal, including the appropriateness 

of the proposed designation and the scope of the proposed boundaries. 

The EPA received no comments on the proposal FR action. 

Final Action 

 As noted above, pursuant to section 107(d)(3) of the CAA, the EPA 

is authorized to initiate the redesignation of areas as nonattainment 

for ozone. Based on the ozone air quality monitoring data for the 

Sunland Park monitoring station, the EPA notified the Governor of New 
Mexico on December 16, 1994, that the Sunland Park area should be 

redesignated from unclassifiable/attainment to nonattainment for the 

ozone NAAQS. Ozone monitoring began in Sunland Park on June 15, 1992. 

Seven measured exceedances of the ozone NAAQS have been recorded at the 

monitoring site, ranging from a low of .126 parts per million (ppm) to 

a high of .140 ppm. The seven exceedances represent a violation of the 

ozone NAAQS (see 40 Code of Federal Regulations (CFR) 50.9). Since less 

than three years of data have been collected at the Sunland Park 

monitoring site, the EPA design value (used to determine ozone 

attainment status) for the site is the third highest ozone value 

recorded--.136 ppm. Therefore, the Sunland Park ozone nonattainment 

area is classified as a marginal ozone nonattainment area according to 

the classification scheme set forth in section 181 of the CAA. Due to 

the marginal classification, the attainment date for the Sunland Park 

ozone nonattainment area will be three years from the effective date of 

this Federal Register final action establishing the nonattainment 

designation and classification. 

 In response to the EPA's December 16, 1994, letter, on January 30, 

1995, the Governor of New Mexico concurred with the EPA that a small 

area of southern Dona Ana County, including Sunland Park, be 

redesignated as nonattainment for the ozone NAAQS. However, the 

Governor did not concur with the proposed nonattainment boundaries in 

one respect, proposing an alternate western boundary for the 

nonattainment area. Based on the information provided by the Governor, 

including monitoring data, the EPA believes that the nonattainment 

boundaries submitted by the Governor are appropriate. The technical 

information supporting the redesignation request and the boundary 

selections are available for public review at the addresses indicated 

above. 

Significance of Final Action for the Sunland Park Area, New Mexico 

 Within 24 months after the effective date of this final action on 

the nonattainment redesignation, New Mexico must submit an 

implementation plan for the Sunland Park ozone nonattainment area 

meeting the requirements of part D, title I of the CAA (see section 

182(a) of the CAA). 

 The CAA provides that the plan for the area must contain, among 

other things, the following items: 

1. A comprehensive, accurate, current inventory of actual 

emissions from all sources, as described in section 172(c)(3) of 

the CAA, in accordance with guidance provided by the EPA. The 

pollutants inventoried must include volatile organic compounds 

(VOC), nitrogen oxides (NO<INF>X) and carbon monoxide. No later 

than the end of each three year period after submission of the 

initial inventory, until the area is redesignated to attainment, 

the State must submit a revised inventory meeting all EPA 

requirements (see section 182(a)(1) of the CAA). 
2. Requirements that the owner or operator of each stationary 

source of NOx or VOC provide the State with a statement, in such 

form as the EPA may prescribe, for classes or categories of 

sources, showing the actual emissions of NOx and VOC from that 

source. The first such statement must be submitted to the State 

within three years after the effective date of this final action 

establishing the nonattainment designation. Subsequent statements 

shall be submitted at least every year thereafter. The statement 

shall contain a certification that the information contained in 

the statement is accurate to the best knowledge of the individual 

certifying the statement. The State may waive the emission 

statement requirement for any class or category of stationary 

sources which emits less than 25 tons per year of VOC or NOx, if 

the State, in its initial and periodic emission inventories, 

provides an inventory of emissions from such class or category of 

sources, based on the use of the emission factors established by 

the EPA, or other methods acceptable to the EPA (see section 

182(a)(3)(B) of the CAA). 

3. A revised nonattainment new source review permitting program 

meeting the requirements of sections 172(c)(5) and 173 of the 

CAA, including the requirement that the ratio of total emission 

reductions of VOC to total increased emissions of such air 

pollutant shall be at least 1.1 to 1 (see section 182(a)(4) of 

the CAA). 

4. Revised conformity rules (Regulations 20 NMAC 2.98 and 20 NMAC 

2.99) if necessary (see sections 176 and 182 of the CAA). 

Miscellaneous 

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA 

must prepare a regulatory flexibility analysis assessing the impact 

of any proposed or final rule on small entities (5 U.S.C. 603 and 

604). Alternatively, the EPA may certify that the rule will not have 

a significant impact on a substantial number of small entities. 

Small entities include small businesses, small not-for-profit 

enterprises, and government entities with jurisdiction over 

populations of less than 50,000. 

 Redesignation of an area to nonattainment under section 107(d)(3) 

of the CAA does not impose any new requirements on small entities. 

Redesignation is an action that affects the planning status of a 

geographical area and does not, in itself, impose any regulatory 

requirements on sources. To the extent that the area must adopt new 

regulations, based on its nonattainment status, the EPA will review, 

as appropriate, the effect of those actions on small entities at the 

time the State submits those regulations. I certify that approval of 

the redesignation request will not affect a substantial number of 

small entities. 

Under section 307(b)(1) of the CAA, petitions for judicial review of 

this action must be filed in the United States Court of Appeals for 

the appropriate circuit by August 11, 1995. Filing a petition for 

reconsideration by the Administrator of this final rule does not 
affect the finality of this rule for the purposes of judicial review 

nor does it extend the time within which a petition for judicial 

review may be filed, and shall not postpone the effectiveness of 

such rule or action. This action may not be challenged later in 

proceedings to enforce its requirements (see section 307(b)(2)). 

[[Page 30791]] 

Executive Order 

The Office of Management and Budget has exempted this action from 

review under Executive Order 12866. 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air pollution control, National parks, 

Wilderness areas. 

Dated: May 25, 1995. 

Jane N. Saginaw, 

Regional Administrator. 

40 CFR part 81 is amended as follows: 

PART 81--[AMENDED] 

1. The authority citation for part 81 continues to read as 

follows: 

 Authority: 42 U.S.C. 7401-7671q. 

 2. In Sec. 81.332 the ozone table is amended by revising 

the entry ``AQCR 153 El Paso-Las Cruces-Alamogordo'' to read 

as follows: 

Sec. 81.332 New Mexico. 

 * * * * 

 New Mexico--

Ozone 

 Designation 

Classification 

 Date \1\ Type Date \1\ 

Type 

Cruces-Alamogordo. 
(part)--The area bounded by the New Mexico-Texas State line on 

the east, the New Mexico- Mexico international line on the 

south, the Range 3E-Range 2E line on the west, and the N3200 

latitude line on the north. 

County. Attainment. 

\1\ This date is November 15, 1990, unless otherwise noted. 
Appendix B: 

Monitoring Data
2 

2000 O3 (ppm)

1-Hour Values 8-Hour Values

Site ID 1st Max 2nd Max 3rd Max 4th Max # Exceed- Actual Required Days # Days 1st Max 2nd Max 3rd Max 4th Max D

> 

350130008 0.11 0.098 0.097 0.094 0 366 354 0.093 0.08 0.076 0.075 350130017 0.124 0.123 0.106 0.105 0 366 355 0.099 0.086 0.082 0.079 350130021 0.118 0.105 0.102 0.101 0 366 357 0.095 0.087 0.081 0.081 350130022 0.141 0.102 0.102 0.101 1 366 363 0.087 0.084 0.08 0.079 Grand Total 1 

2001 O3 (ppm)

1-Hour Values 8-Hour Values

Site ID 1st Max 2nd Max 3rd Max 4th Max # Exceed Required Days # Days 1st Max 2nd Max 3rd Max 4th Max D

> 

350130008 0.093 0.091 0.089 0.086 0 365 365 0.078 0.073 0.072 0.071 350130017 0.104 0.096 0.096 0.095 0 365 364 0.08 0.079 0.076 0.075 350130021 0.109 0.104 0.103 0.102 0 365 357 0.093 0.08 0.08 0.079 350130022 0.102 0.1 0.098 0.091 0 365 364 0.078 0.076 0.076 0.075 Grand Total 0 

2002 O3 (ppm)

1-Hour Values 8-Hour Values

Site ID 1st Max 2nd Max 3rd Max 4th Max # Exceed- Actual Required Days # Days 1st Max 2nd Max 3rd Max 4th Max D

> 

350130008 0.1 0.096 0.095 0.094 0 365 341 0.08 0.08 0.075 0.074 350130017 0.107 0.098 0.095 0.094 0 365 361 0.087 0.081 0.081 0.079 350130021 0.103 0.1 0.097 0.095 0 365 364 0.085 0.083 0.081 0.08 350130022 0.1 0.093 0.093 0.092 0 365 363 0.09 0.083 0.08 0.079 Grand Total 
Appendix C: 

State Implementation Plan for the Sunland Park and NOx Waiver Request, 

July 11, 1997
REVISION TO THE NEW MEXICO 

 STATE IMPLEMENTATION PLAN 

 FOR OZONE

Emissions Inventory of the Sunland Park Ozone Nonattainment Area 

 Regulatory Component 

and Requests for Waivers

July 11, 1997 

Prepared by staff of the: 

Air Quality Bureau 

New Mexico Environment Department 

1190 St. Francis Dr. 

Santa Fe, New Mexico 87502 

 

Approved 

Jimi Gadzia, Chair 

Environmental Improvement Board 

 

Date [Please see a hard copy for signature]
iv 

SUNLAND PARK OZONE NONATTAINMENT AREA SIP REPORT

TABLE OF CONTENTS

SECTIONS PAGE 

1. INTRODUCTION AND BACKGROUND: Brief summary of communities 

within the nonattainment area, population, proximity to El Paso and Juarez, 

air monitoring history, exceedances, designation of area, dimensions of area 

and map, ozone season . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 

2. EMISSIONS INVENTORY: 1995 was the base year for CO, NOx, and 

VOC inventory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 

2.1 Emissions Inventory Summary . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 7 

2.2 Comparison of Sunland Park's Emissions to El Paso, Texas . . . . . . . . . . . 10 

2.3 Inventory and Quality Assurance Procedures . . . . . . . . . . . . . . . . . . . . . . 13 

2.4 Point Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 

2.4.1 Sources within the Nonattainment Area . . . . . . . . . . . . . . . . . . . . 16 

2.4.2 Sources within a 25 Mile Radius of the Nonattainment Area . . . . 18 

2.5 Area Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 

2.5.1 Combustion Emission Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 

2.5.2 Evaporative Emission Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 

2.6 On-road Mobile Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 

2.7 Non-road Mobile Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 

2.8 Biogenic Emissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 

2.9 Sources Emitting 25 Tons per Year or More of NOx and VOC . . . . . . . . 88 

3. REGULATORY COMPONENT: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 

3.1 Amended Part 73 - Notice of Intent and Emissions Inventory

Requirements: emissions certifications and reporting requirements. . . . . 91 

3.2 Amended Part 79 - Permits - Nonattainment Areas: regarding 

 the VOC offset ratio (section 112.C.1) . . . . . . . . . . . . . . . . . . . . . . . . . . 92 

4. WAIVERS: Waivers under Sections 179B and 182(f) of the Clean Air Act. . . . . 93 

5. REFERENCES and APPENDICES: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 

5.1 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 

5.2 Appendices: Specific Data Sources and Tables for the Emissions 

Inventory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 

 

LIST OF FIGURES 
v 

Page

Figure 1. Sunland Park Ozone Nonattainment Area 1-A 

Figure 2. Census Tract 17 34-A 
vi 

LIST OF TABLES 

Page

Table 2.1-A. Summary of CO, NOx, and VOC emissions for the 

Sunland Park ozone nonattainment area 9 

Table 2.2-A. Summary and comparison of emissions of CO, NOx, and 

VOC from Sunland Park, New Mexico and El Paso, Texas 11 

Table 2.4-A. Emissions from El Paso Electric Co. 17 

Table 2.4-B. Emissions from Foamex International Inc. 18 

Table 2.4-C. Emissions from the Las Cruces Waste Water Treatment Plant 19 

Table 2.4-D. Emissions from the El Paso Natural Gas - Afton Compressor 

Station and the NMSU Physical Plant Boilers 20 

Table 2.4-E. Point sources in El Paso, TX emitting 100 or more tons 

per year of either CO, NOx, or VOC: Annual Emissions 21 

Table 2.4-F. Point sources in El Paso, TX emitting 100 or more tons 

per year of either CO, NOx, or VOC: Daily emissions for 

the ozone season 22 

Table 2.4-G. Summary of point source emissions in the Sunland Park area 23 

Table 2.5-A. Summary of industrial combustion sources 28 

Table 2.5-B. Summary of commercial combustion sources 33 

Table 2.5-C. Summary of residential combustion sources 37 

Table 2.5-D. Summary of information obtained from agricultural burn 

permits issued by the New Mexico Environment Department, 

Las Cruces area office from July, 1995 to June, 1996 41-A 

Table 2.5-E. Summary of emissions from agricultural burning 45 

Table 2.5-F. Summary of emissions from all open burning sources 46 
vii 

Table 2.5-G. Summary of all area combustion sources 47 

Table 2.5-H. Pesticides with vapor pressures <1 x 10-6 mm Hg 59-A 

Table 2.5-I. Pesticides with vapor pressures 1 x 10-4 to 1 x 10-6 mm Hg 59-C 

Table 2.5-J. Pesticides with vapor pressures >1 x 10-4 mm Hg 59-D 

Table 2.5-K. Summary of annual VOC emissions from pesticide use 63 

Table 2.5-L. Summary of annual VOC emissions from commercial/ 

consumer solvent use 67 

Table 2.5-M. Summary of all evaporative emission sources 73 

Table 2.6-A. Summary of emissions from on-road mobile sources in the 

Sunland Park nonattainment area 77 

Table 2.7-A. Emissions from aircraft 81 

Table 2.7-B. Determination of Sunland Park non-road mobile source 

emissions from El Paso, TX emissions 83 

Table 2.7-C. Summary of non-road mobile source emissions for 

Sunland Park 83 

Table 2.8-A. Ten highest ozone days over the period 1993-1995 85 

Table 2.8-B. County-wide biogenic emissions for Doña Ana County 

within a 24 hour period (output from PCBEIS model) 86 
viii 

 SECTION ONE 

 INTRODUCTION AND BACKGROUND 
1 

SECTION ONE - INTRODUCTION AND BACKGROUND

This section is intended to briefly describe the Sunland Park area and to present certain data that 

will be used throughout this report. The Sunland Park ozone nonattainment area lies within 

Doña Ana County, New Mexico. Doña Ana County has a total area of 3804 square miles and a 

population of 158,849 (1995). Much of this population is located within the city of Las Cruces. 

Monitoring for several air pollutants, especially particulates and sulfur dioxide, has been 

conducted in the Sunland Park area since the mid 1970's. Some monitoring for ozone was 

conducted in La Union in the mid to late 1970's. Continuous monitoring for ozone has been 

conducted in La Union since 1984. Monitoring for ozone in Sunland Park did not begin until 

1992. The first recorded exceedance of the current ozone standard occurred on September 18, 

1992 in Sunland Park. Since then a total of 12 exceedances have been documented. The area 

was officially designated as nonattainment for ozone on July 12, 1995 in a Federal Register 

announcement published June 12, 1995. Sunland Park was designated as a marginal 

nonattainment area, which is the lowest or least "serious" classification. Its design value (the 

figure used to assign a classification) was 0.136 ppm. This figure represented the third highest 

of the ozone readings that had exceeded the ozone standard. The federal ozone standard is set at 

0.12 ppm for a 1-hour exposure (not to be exceeded more than once per year, averaged over 3 

years). The nonattainment area extends from the Mexico border north to the 32 degree north 

latitude line and from the Texas border west to the Range 3E-2E line (see Figure 1). 
1-A 

[Insert Figure 1 here - only available in hard copy] 
2 

The Sunland Park nonattainment area is approximately 42 square miles in area. To determine 

this it was divided into two segments: 1) the northern (narrower) portion, and 2) the southern 

(wider) portion. The northern portion extends from the north boundary at latitude 32° 00' south 

to about latitude 31° 49'. This area is roughly 3.5 miles wide by 6.25 miles high for a total of 

21.9 square miles. The southern portion extends from 31° 49' south to the Mexico border and is 

about 8 miles wide by 2.5 miles high for a total of 20.0 square miles). This 42 square mile area 

represents only 1.10% of the county-wide area (3804 square miles). The nonattainment area 

includes the communities, from south to north, of Sunland Park, Santa Teresa, and La Union. 

With both a small population and agricultural activities along the Rio Grande the area is largely 

rural, especially north of Santa Teresa. 

Population and Employment

The Delphi Group, a subcommittee of the greater El Paso, Texas Metropolitan Planning 

Organization (MPO), has gathered and summarized population data for communities in the 

Sunland Park nonattainment area. The Sunland Park area has been included within the El Paso 

MPO. For population and employment determinations they divided the area into four segments: 

1) Sunland Park, 2) Santa Teresa, 3) La Union, and 4) Gadsden (the area north of La Union). 

Combined population figures for all 4 segments for 1990 (census year) and 1994 (estimated) 

were 10,705 and 12,295, respectively. Refer to the Appendix for the source of these data. The 

1994 figure was adjusted for purposes of the 1995 base year inventory. The population increase 

from 1990 to 1994 is 14.85% or 3.71% per year. Assuming a similar increase of 3.71% from 

1994-1995, the 1995 estimated population of the nonattainment area is 12,752. This small area 

represents only 8.0% of the total county population (158,849). 

Las Cruces, the largest city in the county, has never recorded an exceedance of the ozone 

standard. The close proximity of this small area to the much larger cities of El Paso, Texas 

(1994 estimated population of 655,591 people, and classified as a “serious” ozone nonattainment 

area) and Juarez, Mexico (estimated at over 1,000,000 million people in 1993) is suspected to be 

the primary cause for Sunland Park’s violation of the federal ozone standard. In this inventory 

Sunland Park’s emissions will be compared to those from El Paso, TX. Data are not available 

for Juarez, Mexico, but its much larger size and more lenient or nonexisting air pollution 

controls is certainly expected to be a big factor. 

Employment figures are sometimes used as rough factors in various source category emissions 

calculations. Statewide employment for 1995 has been estimated at 738,448. Doña Ana County 

employment for 1995 has been estimated at 57,655. Using a ratio of total employed to total 

population to estimate employment within the nonattainment area: 

57,655 = X X = 4628 

 158,849 12,752 

where X is the total number of employed people within the nonattainment area. Again, the 

Delphi Group of the El Paso MPO conducted an actual survey of the Sunland Park 

nonattainment area to determine employment and arrived at a figure of 2143 for the 1990 census 

year. Growth projections put the year 2000 employment figure at 2437. Estimating uniform 
3 

growth over that time period would give an estimated employment of 2290 for 1995. This figure 

seems more realistic considering the generally poor and economically depressed conditions of 

the area, and since this figure is based on local data rather than a gross estimate based on 

statewide figures, the 2290 figure will be used rather than the 4628 figure. 

Ozone Season

U.S. EPA guidance was followed in selecting the three months with both the highest and the 

greatest number of exceedances. The ozone season was determined by examining all of the 

exceedances recorded for the area, of which there have been 12 since continuous monitoring 

began in 1984. Eleven of these exceedances have occurred at the Sunland Park monitoring site 

while only one has occurred at the La Union site. The following is a list (from highest to lowest) 

of the 12 exceedances: 

OZONE (ppm) YEAR MONTH and DAY 

0.140 1993 September 7 

0.137 1994 August 2 

0.137 1995 September 6 

0.136 1994 June 24 

0.135 1995 October 28 

0.131 1993 August 24 

0.131 1995 August 30 

0.131 1996 October 12 

0.129 1993 August 12 

0.127 1993 November 30 

 
4 

0.126 1992 September 18 

0.125 1993 August 24 

Distribution of exceedances by month: 

June July August September October November Total

1 0 5 3 2 1 12 

Ten of the 12 exceedances (83%) occurred during the months of August, September, and 

October. The three highest values occurred in August and September. The one exceedance in 

June is only the fourth highest. No exceedances have ever occurred in July. The one 

exceedance occurring in November is only the tenth highest. From these data it is very clear that 

a 3-month ozone season would be August, September and October. The Texas Natural Resource 

Conservation Commission (TNRCC) used June, July, and August as the ozone season for the El 

Paso 1990 base year emission inventory. This would make the Sunland Park ozone season 

somewhat different (offset) from El Paso's season. At this time, Sunland Park’s data do not 

adequately support a selection of June, July, and August. A six month ozone season (June 

through November) could possibly be selected as well. But due to the total absence of 

exceedances in July and the fact that the one exceedance in November was actually almost in 

December (Nov. 30) makes a six month season questionable as well. Until more data are 

collected to demonstrate otherwise, a three month ozone season of August, September, and 

October appears to be the most logical selection for this inventory year. 

 
5 

SECTION TWO 

 EMISSIONS INVENTORY 
6 

SECTION 2.1 - EMISSIONS INVENTORY SUMMARY

This section summarizes emissions from all source categories inventoried within the Sunland Park 

ozone nonattainment area in New Mexico (see Table 2.1-A). These categories are: 

1) point (large) sources 

2) area (small) sources 

3) on-road mobile sources 

4) non-road mobile sources 

5) biogenic (natural) sources. 

Point sources within the Sunland Park nonattainment area are those that emit more than 100 tons of 

CO (carbon monoxide), or 25 tons of NOx (nitrogen oxides), or 10 tons of VOC (volatile organic 

compounds) annually. Point sources within a 25 mile radius of the nonattainment area are those 

emitting 100 or more tons annually of either CO, NOx, or VOC. Within the Sunland Park 

nonattainment area, point sources annually account for 68% of total CO, 62% of total NOx, and 4% 

or 8% of total VOC under “worst” and “best” cases, respectively. Worst versus best case definitions 

are based on methods used to determine VOC (NMOC, nonmethane organic compound) emissions 

from a municipal solid waste landfill site (see Section 2.5.2 of this report regarding the landfill). All 

point sources combined, i.e. both those within the nonattainment area and those within a 25 mile 

radius, annually account for 76% of total CO, 89% of total NOx, and 58% or 73% of total VOC. 

From these results, it would appear that point sources account for much of the air pollution within 

the Sunland Park area. This is especially true for CO and NOx. This can be deceiving though, 

because on-road mobile sources can account for 50-75% of all CO, NOx, and VOC emissions in the 

El Paso area (see Section 2.2). The Sunland Park landfill, the largest source of evaporative VOC 

from area sources within Sunland Park, does appear to be a big local factor in VOC emissions. In 

the worst case situation the landfill (508.6 tons VOC/year) accounts for 50% of VOC emitted within 

the Sunland Park nonattainment area. This worst case percentage drops to 22% when point sources 

within 25 miles are included. Emissions presented in Table 2.1-A are expressed in both tons per 

year and in tons per day. Tons per year is based on a full calendar year. Tons per day is used during 

the ozone season. The ozone season is often defined as the three month period during which most of 

the exceedances of the standard occur. For many ozone nonattainment areas the ozone season 

occurs during the warmest months of the year, typically June, July, and August. For the Sunland 

Park area most of the exceedances have occurred within August, September, and October as was 

discussed within the introduction. To arrive at daily emission rates the annual emissions are not 

necessarily divided by 365 days. This is because some sources tend to be seasonal in their activity 

and hence the amount of emissions may vary slightly from season to season. Also, temperature is an 

important factor as volatile compounds tend to vaporize more readily at higher temperatures. The 

U.S. EPA has derived seasonal activity factors for certain source categories. For example, an even 

distribution of emissions through the four seasons would mean 25% in each of the seasons. These 

seasonal percentages can be factored up or down depending on whether a source emits more or less 

of a pollutant during any particular season. Seasonal activity can also be determined through survey 

questionnaires. Since Sunland Park's ozone season has been determined to be late summer and fall 

(August through October), which is generally cooler than summer, but warmer than winter, seasonal 

adjustment factors were only used if a source reported some particular seasonality in its operation or 
7 

it made sense to use such a factor. Certainly with the more moderate temperatures of fall, a seasonal 

factor of 25% seemed logical and was frequently used. 

Table 2.1-A. Summary of CO, NOx, and VOC emissions for the Sunland Park ozone nonattainment 

area. TPY = tons/year; TPD = ton/day for the ozone season (August through October). 

SOURCE CO NOx VOC 

CATEGORY 

 TPY TPD TPY TPD TPY TPD 

Point Sources within 

the Nonattainment 

Area (NA) 

4357.41 11.965 1131.05 3.109 45.98 0.165 

Point Sources within 

a 25 mile Radius of 

the NA 

2355.84 7.403 4759.54 14.597 1334.10 3.889 

Area Sources - 

Combustion 

 157.94 0.586 30.40 0.0896 37.26 0.124 

Area Sources - 

Evaporative 

(VOC only) 

 ----- ----- ----- ----- 604.13 

(worst); 

 140.83 

(best)a

1.663 

(worst); 

0.390 (best)a

On-Road Mobile 

Sources 

1102.67 3.021b 232.50 0.637b 109.50 0.300b

Non-Road Mobile 

Sources 

830.60 2.275 416.47 1.141 86.42 0.237 

Biogenic Sources ----- ----- 26.40 0.110 138.72 0.578 

Within 

Sunland 

Park NA 

 6448.62 17.847 1836.82 5.087 

1022.01 

(worst); 

558.71 (best) 

3.067 

(worst); 

1.794(best) 

TOTALS Plus 

Point 

Sources

Within 

25 miles 

8804.46 25.250 6596.36 19.684

2356.11 

(worst); 

1892.81 

(best) 

6.956 

(worst); 

5.683 (best) 

a Worst and best figures are based on the method used to estimate emissions from a municipal landfill (see Section 2.5.2 of this report for an 

explanation). 

b These figures are based on an ozone season of June through August (see Section 2.6 of this report for an explanation). 

 

SECTION 2.2 - COMPARISON OF SUNLAND PARK’S EMISSIONS 
8 

 TO EL PASO, TEXAS

The purpose of this section is to make a gross overall comparison of total emissions from the 

Sunland Park ozone nonattainment area to those from the El Paso, TX ozone nonattainment area 

(see Table 2.2-A). The Sunland Park area is classified as a “marginal” ozone nonattainment 

area, while El Paso County is classified as “serious.” Definitive data for El Paso were only 

available for 1990 (their base year inventory). The 1995 estimated figures for El Paso are not 

intended to be exact or definitive. They have been estimated for comparative purposes. Since 

definitive grand total emissions from El Paso for 1995 were not available, Sunland Park grand 

totals were only compared to 1990 El Paso emissions. As Table 2.2-A shows, Sunland Park 

emits only 4.08% of the CO, 6.91% of the NOx, and only 1.69% or 3.09% of the VOC that El 

Paso emits. These differences are clearly understandable considering the population differences 

between the two nonattainment areas. For most source categories, Sunland Park emissions 

represent only about 1-10% of El Paso emissions (for both 1990 and 1995). The one source 

category for which Sunland Park is significant are point sources. Point source emissions of CO 

in Sunland Park are 165-188% of those in El Paso and the NOx emissions are 16-24% of El Paso 

emissions. This is due to the very large point source of El Paso Electric Company located in 

Sunland Park. Hence, with the exception of the El Paso Electric facility, emissions from 

Sunland Park are small compared to those of El Paso, Texas. 

Table 2.2-A. Summary and comparison of emissions of CO, NOx, and VOC, from Sunland 

Park, New Mexico, and El Paso, Texas. TPY = tons/year. See Notes at the end of this section 

for an interpretation of some of these figures. 

SOURCE 

CATEGORY

 AREA CO 

 TPY 

 NOx 

 TPY 

 VOC 

 TPY 

Sunland Park (SP) 4357.41 1131.05 45.98 

El Paso (EP) - 1990 2634.00 7092.00 3101.00 

El Paso (EP) - 1995 2319.26 4802.97 1613.25 

POINT 

SP as % of EP 165.4% (1990) 

187.9% (1995) 

15.95% (1990) 

23.55% (1995) 

1.48% (1990) 

2.85% (1995) 

SP 157.94 30.40 641.39 (worst) 

178.09 (best)* 

EP - 1990 1201.97 1422.14 9234.96 

EP - 1995 none available none available none available 

AREA 

SP as % of EP 13.14% (1990) 2.14% (1990) 6.94% (worst) 

1.93% (best) 
9 

SP ≥ 1102.67 ≤ 232.50 ≥ 109.50 

EP - 1990 ≥ 119,391.50 ≤ 13,468.50 ≥ 14,235.00 

EP - 1995 ≥ 93,039.85 ≤ 14,223.80 ≥ 9955.64 

ON-ROAD 

MOBILE 

SP as % of EP 0.92% (1990) 

1.18% (1995) 

1.73% (1990) 

1.63% (1995) 

0.77% (1990) 

1.10% (1995) 

SP 830.60 416.47 86.42 

EP - 1990 34,927.64 4611.18 3458.38 

EP - 1995 39,747.65 5247.52 3935.64 

NON-ROAD 

MOBILE 

SP as % of EP 2.38% (1990) 

2.09% (1995) 

9.03% (1990) 

7.94% (1995) 

2.50% (1990) 

2.20% (1995) 

SP ----- 26.40 138.72 

EP - 1990 ----- ----- 3028.80 

EP - 1995 ----- 649.20 2816.64 

BIOGENIC 

SP as % of EP ----- 4.07% (1995) 4.58% (1990) 

4.92% (1995) 

SP 6448.62 1836.82 1022.01 (worst) 

558.71 (best) 

EP - 1990 ≥ 158,155.11 ≤ 26,593.82 ≥ 33,058.14 

EP - 1995 incomplete incomplete incomplete 

GRAND 

TOTALS 

SP as % of EP 4.08% (1990) 6.91% (1990) 3.09% (worst) 

1.69% (best) 

* “Worst” and “best” figures are based on the method used to estimate emissions from a municipal landfill (see Section 2.5.2 of this 

report). 

NOTES: Figures for Sunland Park in Table 2.2-A were taken from Table 2.1-A. Figures for El 

Paso, Texas for 1990 came from TNRCC’s (Texas Natural Resource Conservation Commission) 

1990 base year emissions inventory report. Annual figures for on-road mobile sources were 

calculated by multiplying the ozone season daily figures by 365 and presented as either 

maximum or minimum emission figures (e.g. CO emissions would be less during the summer 

ozone season and greater in winter, while NOx emissions would be the opposite). Annual 

biogenic figures from the 1990 El Paso inventory were determined by multiplying the daily 

figures by 240 days (spring, summer, and fall active growing season for plants). 

 
10 

Figures for El Paso for 1995 were estimated for a few of the source categories. Point source data 

for 1995 were based on what is currently available within the AIRS database or from TNRCC. 

On-road mobile source data were from a Mobile 5 run for 1994 then factored-up to 1995 based 

on population increase (2.7%) from 1994 to 1995. No 1995 figures were available for area 

sources. Non-road mobile sources for 1995 were estimated from 1990-1995 population growth 

(see Appendix). Biogenic emissions for El Paso for 1995 are based on the same weather data 

(August 8, 1995) used for the Sunland Park determination. 
11 

 SECTION 2.3 - INVENTORY AND QUALITY ASSURANCE PROCEDURES

Introduction

The emissions inventory process includes quality assurance procedures as a means to verify that 

data have been reviewed and examined for their source or origin, methods of compilation, 

accuracy, occurrence of errors, and clarity. This is to assure a good product and that such 

procedures can easily be applied to future inventories. EPA’s Example Documentation Report 

For 1990 Base Year Ozone and Carbon Monoxide State Implementation Plan Emission 

Inventories contains a section on quality assurance implementation which was used as a guide. 

Resource Allocation, Tasks and Responsibilities

Although several staff members worked on this emission inventory during the initial field 

collection of data, the lead staff person has compiled most of this inventory. Sunland Park’s 

small size did not require many staff members to work on the project, but nevertheless it was a 

large project. In the initial phases, six staff members were involved in gathering business lists 

for the area and detailed Highway and Transportation Department maps. They also wrote and 

sent out an informational flyer, devised and wrote up a field questionnaire, and finally spent one 

full week within the area scouting for sources and visiting businesses in order to implement the 

field questionnaire. Contacts regarding this inventory are: 

Jim Nellessen: (505) 827-0048 Lead staff person for the inventory 

Lany Weaver: (505) 827-0043 Control Strategy Program Manager 

Cecilia Williams: (505) 827-0042 Air Quality Bureau Chief 

Throughout the compilation process the lead staff person received advice, consultation, and 

assistance in obtaining additional pieces of data from a variety of other staff (such as assistance 

from staff within the Stationary Source/New Source Review (NSR) Permitting Section). 

Secretaries and other staff have assisted in data compilation and proofing. 

Personnel Training

Although staff used EPA emissions inventory guidance documents, staff were also trained 

directly by a representative from EPA Region 6 in Dallas, Texas. A two-day ozone emissions 

inventory class was held in Santa Fe, New Mexico during the initial phase of this work, prior to 

field data collection. 

The Field Survey and Identification of Emission Sources

Both SIP (State Implementation Plan) and SBAP (Small Business Assistance Program) staff 

assisted in planning the initial field survey and data collection process. Point sources were 

identified through EPA AIRS data. Identifying area sources began by obtaining phone book 

listings and business listings for the area. A questionnaire was designed by staff to take into the 

field and to be filled out during actual site visits. Since this area was relatively small, both in 

size and population, such site visits were planned as the best way to determine actual source 

emissions. Assistance was also received from permitting staff in devising some of the questions 
12 

as an additional means to assure that the most useful information would be obtained. An 

informational flyer was assembled and mailed out to all identified businesses within the 

nonattainment area prior to the actual site visits. A copy of the field survey questionnaire can be 

found within the Appendix. Although the area is relatively small, six staff members participated 

in the field survey by dividing the nonattainment area into 3 sections with 2 staff members 

assigned to each section. The area was thoroughly scouted for all possible sources of air 

pollution. Considerable time was spent in direct site visits. 

Data Handling, Emission Estimation Methods, Calculations, and Validation

All data collected were turned into the lead staff person who then began to evaluate, organize 

and assemble collected information into various source categories according to EPA guidance. 

Most emission estimation procedures follow those within AP-42. Other sources included several 

EPA emissions inventory guidance documents listed as references to this report. As much as 

possible, all calculations are described within the various sections of this report. Calculations 

have been checked by other staff members. It should be emphasized that in many cases, 

especially for area sources, emissions are rough estimates. This is because the data on which 

they are based are often rough estimates of materials usage. Many AP-42 emission factors are 

themselves inexact approximations. In any case, data and calculations have been validated and 

quality-assured for correctness. 
13 

SECTION 2.4 - POINT SOURCES

This section presents data on point sources: 1) within the Sunland Park ozone nonattainment area, 

and 2) within a 25 mile radius of the nonattainment area. According to U.S. EPA guidance on ozone 

nonattainment area SIP inventories, sources located within the nonattainment area and emitting 100 

or more tons of carbon monoxide (CO), 100 or more tons of nitrogen oxides (NOx), or 10 or more 

tons of volatile organic compounds (VOC) should be inventoried individually as point sources. In 

addition, the 1990 Clean Air Act Amendments specify that NOx sources greater than 25 tons must 

submit emission statements within three years of designation as a nonattainment area. Such sources 

must submit reports annually thereafter. Hence, this SIP inventory will include 25 ton NOx sources 

as point sources as well. Within a 25 mile radius of the nonattainment area, the inventory includes 

sources emitting 100 tons or more of carbon monoxide, nitrogen oxides or volatile organic 

compounds. The 25 mile radius was measured from the periphery of the nonattainment area and 

includes most of El Paso County, Texas and much of Las Cruces, New Mexico. This radius would 

also encompass much of Juarez, Mexico, however due to lack of data, sources in Mexico are not 

included in this discussion. 

2.4.1 - Sources Within the Nonattainment Area

Under the above definitions, there are two sources considered as point sources within the 

nonattainment area: El Paso Electric Co. and Foamex International Inc. El Paso Electric is a power 

generation facility and a point source for CO and NOx. Foamex manufactures foam products such 

as automobile seats and is a point source for VOC. 

El Paso Electric emissions data from the EPA AIRS database for 1995 are summarized below : 

Table 2.4-A. Emissions from El Paso Electric Co. TPY = tons/year; TPD = tons/day; CEM = 

continuous emission monitors. 

POLLUTANT AIRS EMISSIONS DATA (TPY) 

ESTIMATED 

(prior to CEM) 

ACTUALS 

(after CEM 

installed) 

ACTUAL 

EMISSIONS (TPY) 

WITH RULE 

EFFECTIVENESS 

DAILY 

EMISSIONS 

(TPD) 

CO 393.2 3610.83 4333.00 11.871 

NOx 3683.8 935.00 1122.00 3.074 

VOC 13.7 9.30 11.16 0.0306 

El Paso Electric had been a grand-fathered (unpermitted) source for many years (it is currently going 

through a permit process). Continuous emission monitors (CEM) were only just installed in 1995, 

giving a much better estimate of actual emissions. EPA's rule effectiveness procedure was applied 

to the actual emissions data. Rule effectiveness procedures adjust emissions to account for times of 
14 

rule non-compliance. El Paso Electric, being a major point source, has a few rules which apply to 

it. EPA's default rule effectiveness of 80% compliance was applied to the actual emissions data. 

For the ozone season daily emissions calculation, 365 days per year operation and 25% of annual 

activity within the ozone season were used (e.g. 4333.00 ton/yr of CO ÷ 365 = 11.871 tons/day). 

Foamex International Inc was a minor source prior to 1996. Because they were minor they had 

never been thoroughly inventoried. They went through a permit modification in 1996 by increasing 

the number of laminating units from one to three. They were much more thoroughly inventoried at 

this time. Hence, reasonable emission estimates for 1995 will be taken as 1/3 (33.3%) of 1996 

figures. These emissions are summarized below: 

Table 2.4-B. Emissions from Foamex International Inc. TPY = tons/year; TPD = tons/day. 

POLLUTANT AIRS EMISSIONS DATA (TPY) 

ALLOWABLES 1996 

ACTUALS 

1995 

ACTUALS 

(1/3 of 1996)

1995 

ACTUAL 

EMISSIONS 

(TPY) WITH 

RULE 

EFFECTIVENESS 

DAILY 

EMISSIONS 

(TPD) 

CO 61.0 61.03 20.34 24.41 0.094 

NOx 22.6 22.63 7.54 9.05 0.035 

VOC 87.4 87.06 29.02 34.82 0.134 

Again, EPA's default rule effectiveness of 80% was used. The ozone season day determination was 

based on 25% of annual activity within the 3 month ozone season and 5 days/week operation (e.g. 

24.41 tons/year CO × 0.25 ÷ 5 ÷ 13 = 0.094 tons/day). 

Copies of computer printouts from AIRS for both sources can be found in the Appendix. 

2.4.2 - Sources Within a 25 Mile Radius of the Nonattainment Area

A. Sources within New Mexico: Based on estimated actual emissions data in AIRS, only one 

source was over 100 tons per year for any of the three inventoried pollutants. This source was the 

City of Las Cruces Waste Water Treatment Plant. Emissions data from AIRS are as follows: 
15 

Table 2.4-C. Emissions from the Las Cruces Waste Water Treatment Plant. TPY = tons/year; TPD 

= tons/day. 

POLLUTANT AIRS EMISSIONS DATA (TPY) 

ALLOWABLES ACTUALS 

(ESTIMATED) 

ACTUAL 

EMISSIONS 

(TPY) WITH 

RULE 

EFFECTIVENESS 

DAILY 

EMISSIONS 

(TPD) 

CO 58.2 73.70 88.56 0.243 

NOx 95.0 105.50 126.60 0.347 

VOC 12.8 14.90 17.88 0.049 

These data are from 1996 permitted figures. This source was never inventoried prior to 1996 

because it was never considered a significant air emitter. In addition, since it is not in the 

nonattainment area, and it was never in AIRS prior to 1996 it was overlooked or not considered for 

inventory purposes until recently. It did operate in 1995. Hence, 1996 figures were used as 

reasonable approximations for 1995. Default rule effectiveness procedures of 80% were applied to 

this source. Ozone season day determinations were based on 365 days/year operation and 25% of 

annual activity in the 3 month ozone season. 

It may be pertinent to note that two other sources have permitted allowables over 100 tons per year 

but their actual emissions for 1995 were less. These are: the El Paso Natural Gas - Afton 

Compressor Station and the New Mexico State University (NMSU) Physical Plant Boilers. From 

AIRS: 

Table 2.4-D. Emissions from the El Paso Natural Gas - Afton Compressor Station and the NMSU 

Physical Plant Boilers. TPY = tons/year. 

SOURCE POLLUTANT AIRS EMISSIONS DATA (TPY) 

ALLOWABLES ACTUALS 

(ESTIMATED) 

ACTUAL 

EMISSIONS 

(TPY) WITH 

RULE 

EFFECTIVENESS 

CO 75.30 0.00 0.00 

NOx 198.50 0.00 0.00 

Afton 

Compressor 

Station 

VOC 1.50 0.00 0.00 

CO 59.00 2.30 2.76 

NOx 291.90 16.40 19.68 

NMSU 

Physical 

Plant Boilers 

VOC ----- 0.00 0.00 
16 

The reason for zero emissions for the Afton Compressor Station is that it was not in operation during 

1995. Although these sources were well below 100 ton thresholds in 1995, both have permitted 

allowables well above this threshold and could potentially emit more in the future. But because 

actuals are less than 100 tons per year, these two sources were not be included in the summary. 

B. Sources within El Paso County, Texas: Data on El Paso sources were also extracted from 

AIRS or directly from the Texas Natural Resource Conservation Commission (TNRCC) (specific 

data are available in the Appendix) and summarized below (Table 2.4-E). Some of the data obtained 

from TNRCC were more recent than what is currently available in AIRS. All of these figures for El 

Paso, Texas are based on rule effectiveness as presented in AIRS. 

Table 2.4-E. Point sources in El Paso, TX emitting 100 or more tons per year of either CO, NOx, or 

VOC: Annual emissions. 

 ANNUAL EMISSIONS 

 (TPY = tons per year) 

 SOURCE 

 CO 

 TPY 

 NOx 

 TPY 

 VOC 

 TPY 

YEAR OF 

MOST 

RECENT 

INVENTORY* 

Border Steel Mills 203.43 104.88 2.58 1995 

Chevron U.S.A. Products 306.46 939.18 436.55 1995 

Chevron USA Inc. 128.03 773.03 515.75 1995 

El Paso Electric Co. 1432.33 2342.17 19.18 1995 

El Paso Natural Gas Co. 13.88 165.19 11.72 1995 

Phelps Dodge Copper 

Products 

8.14 32.57 194.16 1995 

Phelps Dodge Magnet 

Wire Co. 

0.02 0.09 115.90 1995 

Phelps Dodge Refining 

Corp. 

15.74 113.53 5.00 1995 

Providence Memorial 

Hospital 

159.25 162.30 15.38 1995 

TOTALS 2267.28 4632.94 1316.22 

* Data obtained either from AIRS or directly from TNRCC. 
17 

The following table (2.4-F) presents ozone season daily emissions (in pounds per day = PPD). All 

data were extracted from AIRS and all figures are with rule effectiveness applied. 

Table 2.4-F. Point sources in El Paso, TX emitting 100 or more tons per year of either CO, NOx, or 

VOC: Daily emissions for the ozone season. 

 DAILY EMISSIONS - OZONE SEASON 

 (PPD = pounds per day) 

 SOURCE 

 CO 

 PPD 

 NOx 

 PPD 

 VOC 

 PPD 

YEAR OF 

MOST 

RECENT 

INVENTORY 

Border Steel Mills 1518.26 885.51 15.22 1995 

Chevron U.S.A. Products 1681.03 5146.0 (est.)* 2392.05 (est.) 1995 

Chevron USA Inc. 798.37 6055.02 2826.03 (est.) 1995 

El Paso Electric Co. 9218.18 13,743.87 105.10 (est.) 1995 

El Paso Natural Gas Co. 76.05 (est.) 905.2 (est.) 64.2 (est.) 1995 

Phelps Dodge Copper 

Products 

60.80 253.20 1540.16 1995 

Phelps Dodge Magnet 

Wire Co. 

0.11 0.49 635.07 (est.) 1995 

Phelps Dodge Refining 

Corp. 

86.25 622.07 27.40 1995 

Providence Memorial 

Hospital 

872.63 889.30 84.26 1995 

TOTALS 14,311.71 

(7.16 tons) 

28,500.7 

(14.25 tons) 

7674.27 

(3.84 tons) 

* est. = Estimated figure based on 365 days per year of operation. Actual figures were not available in AIRS (or data received directly from TNRCC 

was different than what is in AIRS) so these were estimated in order to fill in missing data and arrive at a summary figure. 

Summary of Point Source Emissions

Table 2.4-G, below, summarizes emissions based on rule effectiveness. Large point sources in 

Texas account for 79% of the NOx emissions in the region extending to 25 miles of the Sunland 

Park nonattainment area. All large point sources outside of the nonattainment area (both TX and 

NM) account for 81% of NOx emissions. Texas accounts for 95% of point source VOC emissions 

and all sources outside of the nonattainment area account for 97% of VOC emissions. This is not 

the trend for CO though, as El Paso Electric in New Mexico emits 64% of the point source CO in 

this region. Texas sources account for 34% of area-wide CO emissions. 
18 

Table 2.4-G. Summary of point source emissions in the Sunland Park area. TPY = tons/year; TPD 

= tons/day. 

POINT SOURCE CO NOx VOC 

LOCATIONS 

 TPY TPD TPY TPD TPY TPD 

Within the Sunland 

Park Nonattainment 

Area (NA) - 2 

sources 

4357.41 11.965 1131.05 3.109 45.98 0.165 

Outside NA - NM - 1 

source 

88.56 0.243 126.60 0.347 17.88 0.049 

Outside NA - TX - 9 

sources 

2267.28 7.16 4632.94 14.25 1316.22 3.84 

TOTALS 6713.25 19.368 5890.59 17.706 1380.08 4.054 
19 

 SECTION 2.5 - AREA SOURCES

Area source emissions can be broadly divided into two groups: 1) combustion sources and 2) 

evaporative sources. Combustion sources include industrial, commercial and residential use of 

natural gas, oil, LPG, and coal. Open burning such as in agriculture, forestry, and trash burning 

also fall into this category. Evaporative emissions include many different sources such as 

solvent use, coating and painting operations, dry cleaning, and pesticide use. 

2.5.1 - COMBUSTION SOURCES

Combustion emission sources include industrial, commercial and residential combustion of fuels 

such as natural gas, oil, and coal. Agricultural burning and forest fires are also included in this 

category. For this emissions inventory the following list of source types were surveyed for both 

their presence and emissions within the Sunland Park ozone nonattainment area. This list was 

recommended by the US EPA and is the same list used by the TNRCC in conducting the El 

Paso, TX 1990 base year inventory. This list is as follows: 

COAL - COMMERCIAL AGRICULTURAL BURNING 

COAL - INDUSTRIAL FOREST FIRES 

COAL - RESIDENTIAL OPEN BURNING 

FUEL OIL - COMMERCIAL DISTILLATE ON - SITE INCINERATION 

FUEL OIL - COMMERCIAL RESIDUAL ORCHARD HEATERS 

FUEL OIL - INDUSTRIAL DISTILLATE PRESCRIBED BURNING 

FUEL OIL - INDUSTRIAL RESIDUAL SLASH BURNING 

FUEL OIL - RESIDENTIAL STATIONARY SOURCES (OTHER) 

LPG - COMMERCIAL STRUCTURE FIRES 

LPG - INDUSTRIAL WOOD - RESIDENTIAL 

LPG - RESIDENTIAL 

NATURAL GAS - COMMERCIAL 

NATURAL GAS - INDUSTRIAL 

NATURAL GAS - RESIDENTIAL 

Some of these source types, by definition, overlap and not all of these were identified as 

occurring within the Sunland Park nonattainment area. In any case, this list was used as a guide. 

 In broad terms, these source types could easily be grouped and summarized into four source 

categories: 1) industrial combustion sources, 2) commercial combustion sources, 3) residential 

combustion sources, and 4) open burning. This is how they will be presented and summarized in 

this report. 

Industrial Combustion Sources

These sources include the combustion of fuel-oil (distillate and/or residual), coal, natural gas, 

and LPG. This category may also include miscellaneous on-site incineration processes. Sources 

placed into this category were considered to be larger manufacturing facilities or processing 

facilities that were not large enough to be classified as point sources or to require a state air 

permit, but deemed large enough for purposes of this inventory to examine individually. Three 
20 

sources were included in this group: a brick manufacturing facility (36 employees), a food 

preparation facility (280 employees), and a facility that sterilizes medical supplies (28 

employees). All three operate natural gas furnaces and each consumed more than 30 x 106

 ft3 (> 

1 million BTU) of natural gas over a one year period and each was calculated to be emitting 

more than 1 ton of either CO, NOx, or VOC. Regarding rule effectiveness determinations, the 

state does have a rule (20 NMAC 2.33) on nitrogen oxide emissions from gas-burning 

equipment. It does apply to sources using more than 1 million BTU per year. EPA's standard 

default rule effectiveness of 80% was used. 

A. The brick manufacturer. From survey information this facility operates a natural gas kiln 

that consumes 4100 x 106 BTU/month while a total of 4600 x 106 BTU/month are delivered to 

the plant. This facility closes for one month for maintenance, so multiplying 4600 by 11 months 

yields 50.6 x 109 BTU/year consumed. Converting this to cubic feet of gas (1050 BTU/ft3) 

yields 4.819 x 107 ft3. Emission factors from AP-42 are (small industrial boiler assumed): 

Lbs/106

 ft3

CO: 35 

NOx: 140 

VOC: 2.784 (5.8 x 0.48 to factor out methane) 

Annual and daily (ozone season) emissions are: 

Annual (tons) Daily (tons)

CO: 0.843 0.00259 

NOx: 3.37 (4.04 with rule effectiveness) 0.0124 

VOC: 0.067 0.000206 

For ozone season day calculations this facility reported operating 7 days/week and was shut 

down for one month in the winter for maintenance so the seasonal activity was divided as 17% 

winter, 28% spring, 27% summer, and 28% fall. 

B. The food preparation company. Survey information indicated that this facility has 3 

boilers and 12 ovens using natural gas. Average gross gas consumption for a 10 day period is 

2936.6 x 106

 BTU. Multiplying this by 36.5 (number of 10 day periods in a year) gives 107,184 

x 106

 BTU per year and converting to cubic feet results in 102.08 x 106 ft3. With one boiler 

classified as small industrial and the rest as commercial size, the following emission factors from 

AP-42 were used: 
21 

BTU Classification Emission Factor (lbs/106 ft3)

CO: 10 35 

6 21 

NOx: 10 140 

6 100 

VOC: 10 2.784 (5.8 x 0.48 to factor out methane) 

6 5.28 (8.0 x 0.66 to factor out methane) 

Annual and daily emissions are calculated as follows: 

 Annual Daily 

BTU Classification Emissions (lbs) Emissions (tons) (tons)

CO: 10 1179.2 

6 1436.2

2615.4 1.308 0.00419 

NOx: 10 4716.6 

6 6839.0

11,555.6 5.778 0.0222 

 (6.93 with 

rule effectiveness) 

VOC: 10 93.79 

6 361.10

454.89 0.227 0.000728 

Ozone season day calculations were based on 6 days/week operation and 25% of their activity in 

the fall season (25% for each season). 

C. The supplier of sterilized medical equipment. This facility reported having 2 gas-fired 

boilers each rated at 1.5 x 106

 BTU. They reported consuming 63,320 therms over the 3 month 

period of May, June and July and 108,437 therms over the 3 month period of December, 

January, and February. Summing these 2 figures and dividing by 6 yields a monthly average of 

28,626 therms. Multiplying by 12 yields a yearly figure of 343,512 therms. Converting to cubic 

feet (100,000 BTU/therm, and 1050 BTU/ft3

) results in 32.72 x 106 ft3 consumed per year. 

Emission factors for commercial size boilers from AP-42 are: 

Lbs/106

 ft3

CO: 21 

NOx: 100 

VOC: 5.28 (8.0 x 0.66 to factor out methane) 

Calculated annual and daily emissions are: 
22 

Annual (tons) Daily (tons)

CO: 0.344 0.000945 

NOX: 1.636 (1.96 with rule effectiveness) 0.00538 

VOC: 0.086 0.000236 

Ozone season day calculations were based on 7 days/week operation and 25% of their activity in 

the fall season (30% winter, 26% spring, 19% summer). 

D. Summary of Industrial Combustion Sources. In the summary table below (2.5-A), rule 

effectiveness numbers for NOx have been used. 

Table 2.5-A. Summary of industrial combustion sources. TPY = tons/year; TPD = tons/day. 

SOURCE CO NOx VOC 

TPY TPD TPY TPD TPY TPD 

Brick manufacturer 0.843 0.00259 4.04 0.0124 0.067 0.000206 

Food preparation 

facility 

1.308 0.00419 6.93 0.0222 0.227 0.000728 

Medical supply 

sterilization facility 

0.344 0.000945 1.96 0.00538 0.086 0.000236 

TOTALS 2.495 0.00772 12.93 0.0400 0.380 0.00117 

Commercial Combustion Sources

These sources include combustion of fuel-oil (distillate and/or residual), coal, natural gas, and 

LPG. Examples of sources in this category are small manufacturing operations, restaurants, 

retail, service, groceries, schools, and government buildings. Rule effectiveness was not applied 

here because emissions calculations are based on population figures and not individual facilities. 

A. Commercial Natural Gas Use. Commercial gas use was estimated from statistics on 

commercial gas usage in New Mexico and employment figures for Dona Ana County. 

Commercial natural gas use in New Mexico for 1994 (the most recent data available) was 24,964 

x 106

 ft3. Statewide employment for 1995 has been estimated at 738,448. Dona Ana County 

employment for 1995 has been estimated at 57,655. The 1995 estimated population of the 

nonattainment area is 12,752. Using a ratio to estimate employment in the nonattainment area 

yields the following: 

57,655 = X X = 4628 people employed in the nonattainment 

 158,849 12,752 area 

The Delphi Group of the greater El Paso, TX - Sunland Park, NM Metropolitan Planning 

Organization (MPO) conducted an actual survey of the Sunland Park nonattainment area to 
23 

determine employment and arrived at a figure of 2143 for the 1990 census year. Growth 

projections put the year 2000 employment figure at 2437. Estimating uniform growth over that 

time period would give an estimated employment of 2290 for 1995. This figure is most likely 

more in line with the generally poor and economically depressed conditions of the area and since 

this figure is based on survey data rather than a gross estimate based on statewide figures, the 

2290 figure will be used rather than the 4628 figure. Next, five facilities that could be classified 

as commercial (a power generation plant, a brick manufacturer, an automobile foam seat 

manufacturer , a food preparation facility, and a facility that sterilizes medical supplies) were 

determined separately, elsewhere in this report, as either point sources or industrial combustion 

sources. Employment figures for these facilities will need to be subtracted from the 2290 figure. 

 These facilities reported employment figures of 50, 36, 110, 280, and 28 people respectively. 

So, 2290 - 504 = 1786. Using another ratio to apportion down the commercial gas usage to the 

nonattainment area: 

24,964 x 106

 ft3 = X X = 60.38 x 106 ft3

 738,448 1786 

The following are AP-42 emission factors for commercial gas use: 

 lbs/106

 ft3

CO: 21 

NOx: 100 

VOC: 5.28 (with methane factored out; 8.0 x 0.66 = 5.28) 

Next, multiplying the natural gas consumed within the nonattainment area by these factors yields 

the following annual emissions converted to tons (using CO as an example to show the full 

calculation): 

(60.38 x 106 ft3 ) x (21 lbs/106 ft3) x (1 ton/ 2000 lbs) = 0.63 tons/year CO 

Tons/year

CO: 0.63 

NOX: 3.02 

VOC: 0.16 

B. Commercial LPG Use. Liquid petroleum gas (LPG) is most often propane or butane. 

Emissions from LPG combustion are determined in a similar procedure as for natural gas above. 

 Total statewide use of LPG in 1994 was 0.5 x 1012 BTU. Apportioning this down to the 

employed population size of the nonattainment area yields 1.24 x 109 BTU. Since AP-42 

emission factors are in lbs/1000 gal., BTU were converted to gallons. Since it is not known how 

much propane vs. butane is used in the area, a 50/50 split was assumed, so a conversion factor of 

96,750 BTU/gal was used (average of 91,500 BTU/gal for propane and 102,000 BTU/gal for 

butane). This results in 12,849 gal of LPG consumed in the nonattainment area. AP-42 emission 

factors were also figured as an average of propane and butane: 
24 

CO: (2.1 + 1.9)/2 = 2.0 lbs/1000 gal 

NOx: (15 + 14)/2 = 14.5 lbs/1000 gal 

VOC: (0.6 + 0.5)/2 = 0.55 lbs/1000 gal 

Annual emissions are then (using CO as an example): 

12,849 gal x 2 lbs/1000 gal x 1 ton/2000 lbs = 0.013 tons/year of CO 

CO: 0.013 tons 

NOx: 0.093 tons 

VOC: 0.004 tons 

C. Commercial Distillate Use. Statewide use of commercial distillate fuel was 1.2 x 1012

BTU in 1994. Apportioning this down to the nonattainment area yields 2.98 x 109 BTU. 

Distillate fuel at 140,000 BTU/gal. results in 21,311 gal. consumed in the nonattainment area. 

AP-42 emission factors are: 
25 

CO: 5 lbs/1000 gal 

NOx: 20 lbs/1000 gal 

VOC: 0.34 lbs/1000 gal 

Annual emissions are then (using CO as an example): 

21,311 gal x 5 lbs/1000 gal x 1 ton/2000 lbs = 0.053 tons/year of CO 

CO: 0.053 tons 

NOx: 0.213 tons 

VOC: 0.004 tons 

D. Commercial Coal Use. Statewide use of commercial coal was 0.1 x 1012 BTU in 1994. 

Proportioning this down to the size of the nonattainment area yields 2.49 x 108 BTU. Using a 

round, typical heat content figure for coal at 10,000 BTU/lb results in 2.49 x 104

 lbs (12.45 tons) 

consumed in the nonattainment area. AP-42 emission factors are (assuming a worst case 

conservative estimate): 

CO: 18 lbs/ton 

NOx: 34 lbs/ton 

VOC: 1.3 lbs/ton 

Annual emissions are then (using CO as an example): 

12.45 tons x 18 lbs/ton x 1 ton/2000 lbs = 0.112 tons/year of CO 

CO: 0.112 tons 

NOx: 0.212 tons 

VOC: 0.008 tons 

E. Summary of all Commercial Combustion Sources 

Ozone season day calculations for all source categories are based on 6 days/week operation and 

25% of activity in the fall (35% winter, 25% spring, and 15% summer). 

Table 2.5-B. Summary of commercial combustion sources. TPY = tons/year; PPD = lbs/day. 

FUEL CO NOx VOC 

TPY PPD TPY PPD TPY PPD 

Natural gas 0.63 4.04 3.02 19.36 0.16 1.02 

LPG 0.013 0.083 0.093 0.60 0.004 0.026 

Distillate oil 0.053 0.34 0.213 1.36 0.004 0.026 

Coal 0.112 0.72 0.212 1.36 0.008 0.051 
26 

TOTALS 0.808 5.18 

(0.00259 

tons) 

3.538 22.68 

(0.0113 

tons) 

0.176 1.12 

(0.00056 

tons) 

Residential Combustion Sources

These include combustion of fuel-oil, coal, natural gas, LPG, and wood. Energy usage in 

residences was obtained from The New Mexico Energy, Minerals and Natural Resources 

Department. The most recent data available were for 1994 and included use of natural gas, 

LPG, coal, and electricity: 

ENERGY SOURCE TRILLION BTU PERCENT OF TOTAL 

Coal 0.1 0.21 

Electricity 13.9 29.1 

LPG 2.8 5.9 

Natural gas 30.9 (30,868 x 106 ft3) 64.8 

TOTALS 47.7 100 

The number of households within the nonattainment area needed to be determined in order to 

estimate emissions (e.g. 5.9% of households were assumed to consume LPG, according to the 

table above). The 1990 U.S. Census data for Tract 17 indicated 13,231 people and 3519 

households. Tract 17 includes Sunland Park, Santa Teresa, La Union and all areas in the county 

from slightly to the north and then due west (an area which is largely unpopulated) of the 

nonattainment area (see Figure 2). Since this census tract covers a much larger area than the 

nonattainment area, households must be apportioned down to the nonattainment area. The 1995 

estimated population for the actual nonattainment area (from Delphi Group data) was 12,752. 

Using a ratio to estimate households currently in the nonattainment area: 

12,752 = X X = 3392 

13,231 3519 
27 

[Insert Figure 2 here - only available in hard copy] 
Pages 28 to 34 not included with 

May 2, 2007, State submittal to EPA.
35 

This resulted in an estimated figure of 3392 households for the nonattainment area. An 

estimated 1995 household figure for the entire state will also be needed for the following 

emission calculations: 

1990 Census Data 1995 Economic Review Report (see references) 

543,825 = X X = 604,965 

1,515,069 1,685,401 

or an estimated 604,965 households statewide. 

A. Residential LPG Use. Assuming 5.9% of the households use LPG, then multiplying by 

the number of households (3392) yields 262 households in the nonattainment area using LPG. 

Converting 2.8 x 1012 BTUs of LPG consumed in residences statewide to gallons yields 2.89 x 

107 gal of LPG. Apportioning this down to the nonattainment area gives 162,040 gal consumed 

in the nonattainment area. AP-42 emission factors are: 

CO: 1.32 lbs/1000 gal 

NOx: 9.57 lbs/1000 gal 

VOC: 0.363 lbs/1000 gal 

Calculated emissions are then (using CO as an example): 

162,040 gal x 1.32 lbs/1000 gal x 1 ton/2000 lbs = 0.107 tons/year of CO 

CO: 0.107 tons/yr 

NOx: 0.775 tons/yr 

VOC: 0.029 tons/yr 

B. Residential Natural Gas Use. Assuming 64.8% of the residences use natural gas and 

multiplying by the number of residences (3392) results in 2198 residences. With 30,868 x 106

 ft3

of natural gas consumed statewide by residences and apportioning down for the nonattainment 

area yields 173 x 106

 ft3 consumed in the nonattainment area. AP-42 emission factors are: 

CO: 40 lbs/106

 ft3

NOx: 94 lbs/106

 ft3

VOC: 7.26 lbs/106

 ft3

Calculated annual emissions are: 

CO: 3.46 tons 

NOx: 8.131 tons 

VOC: 0.628 tons 

C. Residential Coal Use. Assuming 0.2% of residences are using coal then multiplying by 
36 

the number of residences (3392) yields 6.78 residences within the nonattainment area using coal. 

 Converting 0.1 x 1012 BTUs consumed statewide at residences into tons of coal, and factoring 

down to the nonattainment area yields 28 tons consumed annually within the nonattainment area. 

 AP-42 emission factors are: 

CO: 11 lbs/ton 

NOx: 21.7 lbs/ton 

VOC: 1.3 lbs/ton 

Calculated annual emissions are: 

CO: 0.154 tons 

NOx: 0.304 tons 

VOC: 0.018 tons 

D. Residential Distillate Oil Use. No use of distillate oil at residences was reported for the 

most recent year in which data were available (1994). 

E. Residential Electricity Use. These emissions are not calculated at this level, but rather at 

the point source level, since the combustion necessary to generate the electricity generally occurs 

at a large electrical generating facility. 

F. Summary of Residential Combustion Sources. 

Ozone season day calculations are based on 7 days/week operation and 25% activity in the fall 

(42% winter, 25% spring, and 8% summer). 

Table 2.5-C. Summary of residential combustion sources. TPY = tons/year; PPD = pounds/day. 

SOURCE CO NOx VOC 

TPY PPD TPY PPD TPY PPD 

LPG 0.107 0.59 0.775 4.26 0.029 0.16 

Natural gas 3.46 19.01 8.131 44.68 0.628 3.45 

Coal 0.154 0.85 0.304 1.67 0.018 0.099 

TOTALS 3.721 20.45 

(0.0102 

tons) 

9.21 50.61 

(0.0253 

tons) 

0.675 3.71 

(0.00185 

tons) 

Open Burning Sources
37 

This includes open burning of municipal (household) trash, structural fires, agricultural burning, 

orchard heaters, forest fires (wildfire, prescribed fire, or prescribed natural fire) and grass fires. 

Each of these will be summarized separately below. 

A. Open Burning of Trash. Dona Ana County has an ordinance stating that household waste 

must be placed in landfills and not burned. Both the cities of Las Cruces and Sunland Park 

implement their own programs, but the county codes enforcement officer still works the Santa 

Teresa and La Union areas of the current ozone nonattainment area. Violations of the ordinance 

do occur but county staff do not keep an accurate log, nor do they have sufficient staff to fully 

monitor open burning. Emissions from open burning of trash in violation of the ordinance can 

be calculated as follows: 

Population of the nonattainment area: 12,752 

Per capita waste generation (lbs/day): 4.5 (US EPA national average 

for solid waste generation) 

Total waste generation (lbs/day): 57,384 

Total waste generation (tons/year): 10,476 

It will be assumed that 80% of municipal solid waste is collected and sent to landfills in 

compliance with the county ordinance (this is in keeping with EPA’s standard default for the rule 

effectiveness procedure). The remaining 20% is assumed to be burned at home. Also, 

approximately 75% of the available waste is assumed combustible. 

Total waste available for combustion: 2095.20 tons 

Percent of waste combustible: 75% 

Waste actually combusted: 1571.40 tons 

 AP-42 

open burning 

emission factors Annual Emissions Daily Emissions 

 (Lbs/ton) (Lbs/yr) (Tons/year) (Lbs/day)

CO 85 133,569 66.79 366.0 

NOx 6 9428 4.72 26.0 

NMOC (VOC) 30 47,142 23.58 129.4 

Daily emissions are based on 7 days/week and 25% of the activity in the ozone season (25% for 

each of the four seasons). 

B. Structure Fires. The Sunland Park fire department has indicated there were 124 fire 

incidences in 1995. This included both structural and grass fires, but numbers for each were 

unavailable. EPA’s estimation method in the guidance documents uses a figure of 6 fires/1000 

people. With an estimated nonattainment area population of 12,752, this yields 76.5 (or 76) 

structural fires in 1995. Using 6.8 tons of material per fire times 76.5 fires yields 520.2 tons of 

combustible material per year. 
38 

AP-42 

emission factors Annual Emissions Daily emissions 

Lbs/1000 tons Lbs Tons (Lbs/day)

CO: 60 31.21 0.0156 0.0857 

NOx: 1.4 0.728 0.00036 0.00198 

VOC: 11 5.72 0.00286 0.0157 

Ozone season daily calculations are based on 7 days/week and 25% activity per season. 

C. Grass Fires. Using the 124 fire incidences reported by the Sunland Park fire department 

and subtracting 76 structural fires (see B. above) yields an estimated 48 grass fires. Assuming an 

average size of one acre makes a total of 48 acres burned. AP-42 does not contain a fuel loading 

factor for grass, so wheat (being a species of grass) was used as a substitute. The wheat fuel 

loading factor is 1.9 tons/acre. Multiplying this by the 48 acres gives 91.2 tons of fuel 

consumed. Grass emission factors from AP-42 are: 

CO: 101 lbs/ton 

NMOC (VOC): 15 lbs/ton 

Calculated annual and daily emissions are: 

Annual Daily

CO: 4.60 tons (9211.2 lbs) 30.37 lbs. 

NMOC (VOC): 0.684 tons (1368 lbs) 4.51 lbs. 

Ozone season daily emissions are based on 7 days/week and 30% activity in the fall (25% 

winter, 30% spring, and 15% summer). 

D. Orchard heaters. No orchard heaters are used in the area, according to staff at the New 

Mexico State Agriculture Department/Dona Ana County Agricultural Co-op and Extension 

Service. Pecans, the most abundant orchard crop, do not need heaters and the few apple 

orchards in the area do not use heaters either. 

F. Forest fires. There are no forests to speak of in the nonattainment area to generate such a 

fire. 
Pages 39 to 41 not included with 

May 2, 2007, State submittal to EPA.
42 

G. Agricultural burning. According to staff at the New Mexico State Agriculture 

Department/Dona Ana County Agricultural Co-op and Extension office in Las Cruces, there is 

not significant agricultural burning in the area. Burning is not a standard practice for crops in 

the area. The principle burning that does take place involves trimmings from the pecan orchards 

and burning of weeds (especially tumbleweeds) in ditches. The Agriculture Department does not 

keep records, but some records were available through the local Environment Department 

(NMED) Office in Las Cruces. Although the state does not require open burn permits for 

agricultural purposes, they do issue burn permits as a courtesy to county residents for 

agricultural and weed control purposes. The reason for this is to avoid any conflict or confusion 

with the county ordinance against open burning of household trash. It was these burn permits on 

file at the NMED office in Las Cruces that were examined to arrive at an estimation of emissions 

for agricultural burning. Permit files available for examination were for the one year time period 

running from July 1995 to June 1996. 

A total of 29 permits were issued for locations within the nonattainment area. Material being 

burned was divided into the following 4 categories: 1) weeds (some specified as tumbleweeds, 

but mostly unspecified weeds), 2) grass, 3) leaves, and 4) woody vegetation. Very little 

information was available on the quantity of material or size of areas being burned so these were 

estimated as best as possible. Table 2.5-D lists and summarizes available information for all 29 

burns. The 29 burns are summarized as follows: 

TABLE 2.5-D. Summary Of Information Obtained From Agricultural Burn Permits Issued By The 

 New Mexico Environment Department, Las Cruces Area Office From July, 1995 to June, 1996

 Material Burned Approximate 

 Location 

 Dates of 

 Permit 

 Weeds Grass Leaves Woody 

 Area Quantity

Santa Teresa March 1996 - 

June 1996 _

Near Anthony March 1996 - 

June 1996 

Pecan Branches 

Near Anthony March 1996 - 

June 1996 _ _ _ Brush Clear 

Land 

Santa Teresa March 1996 - 

June 1996 

Tumbleweeds 

La Union March 1996 - 

June 1996 _ Branches 

Near Anthony February 1996- 

May 1996 _ _

La Union January 1996- 

April 1996 

Tree Limbs 

Sunland Park January 1996- 

April 1996 _ Around 

House 
43 

TABLE 2.5-D. Summary Of Information Obtained From Agricultural Burn Permits Issued By The 

 New Mexico Environment Department, Las Cruces Area Office From July, 1995 to June, 1996

La Union January 1996- 

April 1996 _ 

La Union January 1996- 

April 1996 _ Plowed 

Field 

Sunland Park January 1996 - 

June 1996 _ Irrigation 

Ditch 

Santa Teresa December 1995- 

March 1996 _

Near Anthony December 1995 - 

March 1996 

Pecan Branches 

Near Anthony December 1995 - 

March 1996 _ _

La Union December 1995 - 

March 1996 _ _ In Yard 

La Union November 1995 

- February 1996 _ 

La Union November 1995 

- February 1996

Tumbleweeds

 Material Burned Approximate 

 Location 

 Dates of 

 Permit

 Weeds Grass Leaves Woody 

 Area Quantity

Near Anthony October 1995 - 

January 1996

Tree Limbs

La Union October 1995 - 

January 1996

Branches

La Union October 1995 - 

January 1996 _

La Union October 1995 - 

January 1996 _ Small 

Piles 

La Union October 1995 - 

January 1996 _ Small 

Piles

La Union October 1995 - 

January 1996 _ Small Piles

La Union October 1995 - 

January 1996 _

Santa Teresa October 1995 - 

January 1996 _

Santa Teresa September 1995 

- December 1995 _ Salt Cedar Trees Vacant 

Lot 

La Union August 1995 - _ Small 
44 

TABLE 2.5-D. Summary Of Information Obtained From Agricultural Burn Permits Issued By The 

 New Mexico Environment Department, Las Cruces Area Office From July, 1995 to June, 1996

November 1995 Amount

Santa Teresa August 1995 - 

November 1995 _ Salt Cedar Trees Clear Lot 

Santa Teresa July 1995 - 

October 1995 

Johnson Grass Before 

Plowing 

Field 

TOTALS: 29 Permits 

WEEDS GRASS LEAVES WOODY

21 Burns 4 Burns 4 Burns 9 Burns

(All appeared to 2 Fields 1 Lot 2 Pecans 

be lot or yard 2 Not Specified 1 Field 2 Salt Cedar 

except three) 2 Not Specified 5 Not Specified 

Weeds - 21 burns - all appear to be lots or yards except 3 

Grass - 4 burns - 2 fields and 2 not specified 

Leaves - 4 burns - 1 lot, 1 field, and 2 unspecified 

Woody - 9 burns - 2 pecans, 2 salt cedar, and 5 not specified 

(note that the sum of all burns here is greater than 29, this is because several of the 

permits covered combinations of material). 

Twelve of the 29 burns (42%) fell wholly or partially within the determined ozone season 

(August-October), whereas only 9 of 29 (31%) fell within what is often considered a more 

typical ozone season (June-August). Calculations for each of the 4 types of vegetative material 

follows: 

G.1. Weeds 

Assumptions: 1) Even though most were unspecified weeds, assume 75% were for 

tumbleweeds; 2) For lot or yard burning, assume one acre for the calculations; 3) For fields use 

76 acres (96,030 cultivated acres in Dona Ana County divided by 1271 farms = 75.5 acres/farm); 

and 4) Of the 21 burns: 16 for tumbleweeds (all 1 acre lots), 5 for miscellaneous mixed weeds (2 

one acre lots + 3 fields at 76 acres each). No NOx emissions are given for vegetative burning in 

AP-42, so only CO and VOC will be reported. 

Tumbleweeds: 

16 acres x 0.1 ton/acre = 1.6 tons of fuel 

CO: 309 lbs/ton x 1.6 tons = 494.4 lbs of CO (0.25 tons) 

VOC: 1.5 lbs/ton x 1.6 tons = 2.4 lbs of VOC (0.0012 tons) 

Unspecified weeds: 

(76 x 3) + 2 = 230 acres 
45 

230 acres x 3.2 tons/acre = 736 tons of fuel 

CO: 85 lbs/ton x 736 tons = 62,560 lbs of CO (31.28 tons) 

VOC: 9 lbs/ton x 736 tons = 6624 lbs of VOC (3.31 tons) 

G.2. Grass 

Assumptions: 1) Two of the 4 burns appear to be fields, so use 76 acres per field; and 2) The 

other two burns were assumed to be 1 acre lots. Since AP-42 has no fuel loading factors for 

grass, fuel loading factors for wheat (a species of grass) were used instead. 

(76 x 2) + 2 = 154 acres 

154 acres x 1.9 tons/acre = 292.6 tons of fuel 

Now use grass emission factors: 

CO: 292.6 tons x 101 lbs/ton = 29,552.6 lbs of CO (14.78 tons) 

VOC: 292.6 tons x 15 lbs/ton = 4389 lbs of VOC (2.19 tons) 

G.3. Leaves 
46 

Assumptions: 1) One of the 4 burns was identified as a field (i.e. 76 acres), while another was 

identified as a yard (i.e. 1 acre), while the last 2 were not specified. So split the last 2 into 1 field 

and 1 yard giving a total of 2 fields and 2 yards. Since the type of leaves were never specified in 

the permits, factors for unspecified leaves from AP-42 were used. There are also no fuel loading 

factors for leaf burning in AP-42, so fuel loading factors for unspecified orchard crops (as tree 

leaves) were used instead. 

(76 x 2) + 2 = 154 acres 

154 acres x 1.6 tons/acre = 246.4 tons of fuel 

CO: 246.4 tons x 112 lbs/ton = 27,596.8 lbs of CO (13.80 tons) 

VOC: 246.4 tons x 28 lbs/ton = 6899.2 lbs of VOC (3.45 tons) 

G.4. Woody vegetation 

Assumptions: 1) Assume 7 of the 9 burns are of pecan wastes, place them into unspecified 

orchard crops (AP-42) and use 33 acres per burn (Dona Ana County has 17,600 acres of pecans 

divided by 535 orchards = 32.9 acres per orchard); and 2) Two of the 9 burns were for salt cedar. 

 Use unspecified forest residues (AP-42), and since the salt cedars were on vacant lots, assume 1 

acre lots. 

Pecans: 

33 x 7 = 231 acres 

231 acres x 1.6 tons/acre = 369.6 tons of fuel 

CO: 369.6 tons x 52 lbs/ton = 19,219.2 lbs of CO (9.61 tons) 

VOC: 369.6 tons x 8 lbs/ton = 2956.8 lbs of VOC (1.48 tons) 

Salt Cedar: 

2 acres x 70 tons/acre = 140 tons of fuel 

CO: 140 tons x 140 lbs/ton = 19,600.0 lbs of CO (9.80 tons) 

VOC: 140 tons x 19 lbs/ton = 2660.0 lbs of VOC (1.33 tons) 

G.5. Summary of Emissions from Agricultural Burning

Table 2.5-E. Summary of emissions from agricultural burning. 

VEGETATION EMISSIONS IN TONS/YEAR 

TYPE 

 CO NOx VOC 

Weeds 

 Tumbleweeds 0.25 na nil 

 
47 

 Other 31.28 na 3.31 

Grass 14.78 na 2.19 

Leaves 13.80 na 3.45 

Woody 

 Pecans 9.61 na 1.48 

 Salt Cedar 9.80 na 1.33 

TOTALS 79.52 na 11.76 

OZONE SEASON 

DAY 

0.367 

(734.0 lbs) 

na 0.0543 

(108.6 lbs) 

na - not available (i.e. no data in AP-42) 

Ozone season day calculations are based on 7 days/week and 42% of the activity in the ozone 

season. 

H. Summary of Emissions From All Open Burning Sources. 

Agricultural burning and open burning of trash account for 97% of CO, essentially all of the 

NOx, and 98% of VOC emitted within the nonattainment area. 

Table 2.5-F. Summary of emissions from all open burning sources. TPY = tons/year; PPD = 

pounds/day. 

OPEN BURNING CO NOx VOC 

SOURCE 

TPY PPD TPY PPD TPY PPD 

Household trash 66.79 366.0 4.72 26.0 23.58 129.4 

Structures 0.0156 0.0857 0.00036 0.00198 0.00286 0.0157 

Grass 4.60 30.37 ----- ----- 0.684 4.51 

Orchard heaters 0.0 0.0 0.0 0.0 0.0 0.0 
48 

Forest fires 0.0 0.0 0.0 0.0 0.0 0.0 

Agriculture 79.52 734.0 ----- ----- 11.76 108.6 

TOTALS 150.92 1130.46 

(0.565 

tons) 

4.72 26.00 

(0.013 

tons) 

36.03 242.52 

(0.121 

tons) 

SUMMARY OF ALL AREA COMBUSTION SOURCES

Open burning accounts for 96% of CO, 16% of NOx, and 97% of VOC emissions. As already 

seen, agricultural burning and trash burning account for most of the open burning. 

Table 2.5-G. Summary of all area combustion sources. TPY = tons/year; TPD = tons/day. 

COMBUSTION CO NOX VOC 

SOURCE 

TPY TPD TPY TPD TPY TPD 

Industrial 2.495 0.00772 12.93 0.0400 0.380 0.00117 

Commercial 0.808 0.00259 3.538 0.0113 0.176 0.00056 

Residential 3.721 0.0102 9.210 0.0253 0.675 0.00185 

Open burning 150.92 0.565 4.72 0.013 36.03 0.121 

TOTALS 157.94 0.586 30.40 0.0896 37.26 0.124 
49 

2.5.2 - EVAPORATIVE EMISSION SOURCES

Evaporative emission sources include a wide variety of source types that emit VOC. Such 

sources may include aircraft refueling, bioprocess (i.e. bakeries), surface coating operations, dry 

cleaning, pesticide application, solvent use, and wastewater treatment, to name a few. For this 

emissions inventory the following list of source types were surveyed for both their presence and 

level of emissions within the Sunland Park ozone nonattainment area. This list was 

recommended by the US EPA and is the same list used by the TNRCC in conducting the El 

Paso, TX 1990 base year inventory. This list is as follows: 

AIRCRAFT REFUELING 

ASPHALT (CUTBACK AND EMULSIFIED) 

BIOPROCESS (BAKERIES, BREWERIES, DISTILLERIES, WINERIES) 

CATASTROPHIC/ACCIDENTAL RELEASES 

COATINGS 

APPLIANCES 

ARCHITECTURAL 

AUTOMOBILES (NEW) 

AUTO REFINISHING 

ELECTRICAL INSULATION 

FURNITURE AND FIXTURES 

HIGH PERFORMANCE MAINTENANCE COATINGS 

MACHINERY AND EQUIPMENT 

MARINE COATINGS 

METAL CONTAINERS 

MISCELLANEOUS OTHER SPECIAL PRODUCTS 

SHEET, STRIP, AND COIL MATERIALS 

TRAFFIC MARKINGS 

TRANSPORTATION EQUIPMENT (OTHER) 

WOOD, FACTORY FINISHED 

DRY CLEANING 

GRAPHIC ARTS 

LEAKING UNDERGROUND STORAGE TANKS 

MISCELLANEOUS OTHER SOURCES 

OIL AND GAS PRODUCTION 

PESTICIDE APPLICATION 

SERVICE (GASOLINE) STATIONS 

SOLVENT USE 

SURFACE CLEANING 

SYNTHETIC ORGANIC CHEMICAL STORAGE TANKS 

TANK BREATHING LOSSES 

TANK, TANK TRUCK, RAIL CAR, BARGE, AND DRUM CLEANING 

TANK TRUCK UNLOADING 

TANK TRUCKS IN TRANSIT 
50 

VEHICLE REFUELING 

WASTE TREATMENT 

INDUSTRIAL WASTEWATER 

MUNICIPAL LANDFILLS 

MUNICIPAL WASTEWATER (POTW) 

WASTEWATER PACKAGE PLANTS 

Each source type will be examined and summarized individually. 

Aircraft Refueling

Monthly fuel consumption figures were obtained from the Santa Teresa Airport Manager and 

then the AP-42 emission factor for kerosene, via splash filling, was used to calculate emissions. 

AP-42 VOC Emissions 

Fuel emission factor Annual Daily

Airport (gal/month) (lbs VOC/1000 gal) lbs/year tons/year lbs/day

Santa Teresa 5000 0.04 2.40 0.0012 

Cielo Dorado 700 0.04 0.336 0.000168 

Totals 2.736 0.001368 0.00752 

(3.7x10-6 tons) 

Ozone season daily emissions are based on 7 days/week operation and 25% activity per season. 

Asphalt Paving

Data were not available on the quantities of asphalt used in paving roads and parking lots, etc. so 

an EPA per capita emission factor was used. This factor, for cutback asphalt, is 0.37 lbs of VOC 

per person per year. Calculating: 

(0.37 lbs/person) x 12,752 persons = 4718.24 lbs (2.36 tons) of VOC annually 

Daily emissions are 12.96 lbs/day (0.00648 tons/day) and based on 7 days/week and 25% of 

annual activity in the ozone season. 

Bioprocess

Bioprocess sources include bakeries, wineries, breweries and distilleries. Of these four, there is 

only one bakery within the nonattainment area. The bakery is small, employing only 10 people 

and VOC emissions are not known. So, the EPA emission factor in guidance documents of 0.11 

tons VOC per employee was used. 

10 employees x 0.11 tons/employee = 1.1 tons of VOC annually 

Daily emissions are 4.84 lbs/day (0.0024 tons/day) and based on 7 days/week operation and 20% 

of annual activity in the ozone season (40% winter, 20% spring, and 20% summer). 
51 

Catastrophic or Accidental Chemical Spills and Releases

The Emergency and Civil Preparedness Office, of the Dona Ana County Planning Department, 

was contacted regarding any chemical spills or releases in 1995. They do keep records on these 

and the director of the office said there were none in 1995. There was one train derailment, but 

with no releases of toxic or volatile chemicals. 

Surface Coating Operations

Surface coating operations can include architectural coatings, auto refinishing, traffic markings, 

furniture and fixtures, metal containers, new automobiles, machinery and equipment, appliances, 

miscellaneous transportation equipment, sheet strip and coil coatings, factory finished wood, 

electrical insulation, high-performance maintenance coatings, marine coatings, and any other 

miscellaneous coatings. Largely due to the small population of the nonattainment area very few 

of these types of operations were identified within the Sunland Park area. Three of these surface 

coating operations were clearly identified though: 1) appliances, 2) architectural, and 3) auto 

refinishing. These will be summarized individually below. 

A. Appliance coatings. There was one appliance coating operation that primarily does final 

touch up painting to swamp (evaporative) coolers. The company estimated that they use 1500 

gallons of paint per year. The AP-42 general emission factor (for VOC) for paint is: 560 kg/Mg 

(1120 lbs/ton). The emission calculation: 

1500 gal x (5.66 kg/gal) = 8490 kg = 8.49 Mg 

8490 kg x (1 Mg/103

 kg) x (560 kg/Mg) = 4754 kg of VOC (10,507 lbs or 5.25 tons) 

Daily emissions are 14.68 lbs/day (0.00734 tons/day) and based on 5.5 days/week operation and 

10% activity in the fall ozone season (20% winter, 45% spring, 25% summer). 

B. Architectural Coatings. Three sources frequently use paints and thinners: the Sunland 

Park horse racetrack, a door painting and finishing operation, and a company that prefabricates 

building frames. In addition, a per capita emission factor was used for all other non-industrial 

surface coatings (e.g. painting of private homes, commercial businesses etc.). 

B.1. Horse racetrack. To repeat, the AP-42 VOC general emission factor for paint is 560 

kg/Mg. The racetrack facility consumes 600 gal of paint and 110 gal of thinner per year. 

 All of the thinner is assumed to eventually volatilize. The calculations: 

600 gal paint x (5.66 kg/gal) = 3396 kg 

3396 kg x (1 Mg/103

 kg) x (560 kg/Mg) = 1902 kg VOC 

110 gal thinner x (3 kg/gal) = 330 kg VOC 

Total VOC emissions are: 2232 kg (4933 lbs or 2.47 tons) 

B.2. Door painting/finishing operation. Annually they use: 96 gal of paint, 24 gal of 

thinner, and 60 gal of lacquer. Again, the simplest approach is to assume that all of the 

thinner and lacquer volatilizes. The calculations: 
52 

Paint: 96 gal x (5.66 kg/gal) = 543 kg 

543 kg x (1 Mg/103

 kg) x (560 kg/Mg) = 304 kg of VOC 

Thinner: 24 gal x (3 kg/gal) = 72 kg of VOC 

Lacquer: 60 gal x (5.66 kg/gal) = 340 kg 

340 kg x (1 Mg/103 kg) x (770 kg/Mg) = 262 kg of VOC 

Total VOC from door painting: 304 + 72 + 262 = 638 kg (1410 lbs or 0.70 tons) 

B.3. Prefabricated building frames. They use 240 gal of primer per year. The 

calculations: 

240 gal x (5.66 kg/gal) = 1358 kg 

1358 kg x (1 Mg/103 kg) x (660 kg/Mg) = 896 kg of VOC (1980 lbs or 0.99 tons) 

The total VOC for these three architectural coating sources is: 

2232 + 638 + 896 = 3766 kg (8323 lbs or 4.16 tons) 

B.4. Non-industrial surface coating. This includes non-manufacturing emissions and 

would cover painting of private homes and commercial offices. The per capita 

architectural surface coating emission factor (from AP-42) for these activities is 2.09 

kg/yr (4.6 lbs/yr). The nonattainment area population is 12, 752. The calculation: 

12,752 x 2.09 kg/yr = 26,652 kg/yr (58,634 lbs/yr or 29.32 tons/yr) 

Summary of all sources within architectural coatings: 

4.16 + 29.32 = 33.48 tons of VOC 

Daily emissions are 183.96 lbs/day (0.0920 tons/day) and based on 7 days/week (since nonindustrial is the largest portion) and 25% activity in the fall ozone season (17% winter, 25% 

spring, 33% summer). 

C. Auto Refinishing. There were two very small auto body shops that used paints and 

solvents to refinish cars. 

C.1. Body Shop No. 1: 

48 gal solvent/yr x (3 kg/gal) = 144 kg of VOC 

36 gal paint/yr x (5.66 kg/gal) = 204 kg 

204 kg paint x (1 Mg/103

 kg) x (560 kg/Mg) = 114 kg of VOC 

Total VOC = 144 kg + 114 kg = 258 kg 

C.2. Body Shop No. 2: 

They said they did not use paint or solvents, but to be conservative it was 

assumed they used the same quantities as Body Shop No. 1 (258 kg). 
53 

Both body shops combined would then be emitting 516 kg VOC (1140 lbs or 0.57 tons) 

per year. Daily emissions are 4.38 lbs/day (0.00219 tons/day) and are based on 5 

days/week operation and 25% of annual activity in the ozone season. 

NOTE: If the EPA per capita figure (0.84 kg/yr or 1.9 lbs/yr) for auto refinishing emissions was 

used for the nonattainment area then a much larger figure would result: 12,752 x 0.84 = 

10,712 kg/yr = 23,673 lbs/yr = 11.8 tons/yr. Since what was observed in the actual inventory is 

a much more accurate representation of how many autobody shops there were, this technique 

would significantly over estimate reality (11.8 tons vs. 0.57 tons). 

Dry Cleaning. 

There were no dry cleaning operations within the nonattainment area. 

Graphic Arts. 

There was only one source identified as such, but no data were obtained as the owner/operator 

was unable to be contacted. Using an EPA per capita VOC emission factor (0.4 kg/year) yields 

the following calculation: 

(0.4 kg/yr) x (12,752 people) = 4920 kg/yr of VOC (10,873 lbs/yr or 5.4 tons/yr) 

Daily emissions are 41.82 lbs/day (0.0209 tons/day) and is based on 5 days/week and 25% 

activity in the ozone season. 

Leaking Underground Storage Tanks. 

The El Paso, Texas, 1990 base year inventory reported that removal of leaking tanks is what is of 

importance here. El Paso removed 19 in 1990. El Paso's 1990 inventory used a Radian Corp. 

emission factor of 28 lbs VOC/day per event (i.e. tank removal) in a 1992 report. The 

Underground Storage Tank Bureau (USTB) of the NMED currently has records of 5 tanks 

operating in the Sunland Park nonattainment area: 

A grocery/gas station 3 tanks 

A hospital 1 tank 

Santa Teresa Airport 1 tank 

From a list of both past and present leaking tanks (list dated Aug. 22, 1996) the NMED-USTB 

reports the following: 

Grocery/gas station (Sunland Park) - pre-investigation stage and suspected release, but 

apparently nothing has been done as of yet. Last report dated June 28, 1996. 

A distribution company (Santa Teresa) - Based on a report dated June 26, 1989 no further action 

was taken, but the case was not closed. This company was not identified as being in the area for 

this SIP inventory. 
54 

Since any suspected leaking tanks are still in the ground and have not been removed, this 

emission source will be considered insignificant since there is a grand total of only 5-6 tanks, in 

which 1-3 of them “might” be leaking. 

Miscellaneous Other Sources

A facility that sterilizes medical supplies has been estimated to emit 354 lbs of VOC per year 

(AIRS database). This translates into 0.177 tons/year with a rule effectiveness calculation 

(default of 80%) of 0.212 tons/year. Daily emissions are 0.972 lbs/day (0.000486 tons/day) and 

is based on 7 days/week and 25% activity during the ozone season. 

Oil and Gas Production. 

There are no oil and gas production facilities within the nonattainment area. 

Pesticide Application

This source of VOC includes pesticides used in agriculture, on golf courses, sod farms, and in 

greenhouses and nurseries. Dona Ana County is an important agricultural area within New 

Mexico and most of the county's agriculture is located near the Rio Grande. A large portion of 

the nonattainment area is rural and agricultural, especially the northern half. Agricultural 

pesticide use is the largest component in this emission category. 

A. Agricultural Pesticide Application - Basic Calculation Procedures. In the EPA guidance 

document: Procedures for the Preparation of Emission Inventories for Carbon Monoxide and 

Precursors of Ozone (1991), VOC emissions were based on the following national figures: 

1. The amount of solvent or carrier (i.e. the inert) portion of pesticides was 

considered 1.45 times the amount of active ingredient (a.i.). In other words, 59% 

of the total content of a pesticide formulation was inert. 

2. The total potential VOC emissions is 2.45 times the amount of active ingredient 

(a.i.). 

Data on pesticide use in New Mexico was obtained from the National Center for Food and 

Agricultural Policy. Agricultural crop data for Dona Ana County were obtained from the State 

Agriculture Department in Las Cruces. Volatility (vapor pressure) data were also necessary to 

do VOC emission calculations. Data on the volatility of pesticides were obtained from a variety 

of sources starting with AP-42. Vapor pressure data in AP-42 are extremely limited and only 

the most commonly used chemicals are listed. Other sources of vapor pressure data (e.g. the 

Merck Index) are listed in the references. Since pesticide use data, by crop, were only available 

on a statewide basis, such data had to be apportioned down to the nonattainment area based on 

crops grown in the area. Crop data were available by county. The first step was to take pesticide 

use data and to apportion them down to Dona Ana County based on what crops were grown in 

the county and what percentage of state production they accounted for. Secondly, these figures 

had to be apportioned down to the nonattainment area. There were two options for doing this: 

1. Take the nonattainment area as a fraction of all of Dona Ana County. 

2. Take the nonattainment area as a fraction of all lands in Dona Ana County in the 
55 

vicinity of the Rio Grande. 

The second option was presumed to generate a more accurate estimation of agriculture in the 

nonattainment area. Dona Ana County is large compared to the nonattainment area and most of 

the county is arid and not under crop production. Most of the agricultural land in Dona Ana 

County is located near the Rio Grande and the nonattainment area is entirely located near the Rio 

Grande. The Rio Grande extends 80 miles (north to south) within Dona Ana County of which 18 

miles is within the nonattainment area. Hence, agriculture within the nonattainment area was 

estimated to represent 22.5% (18/80 = 0.225) of agriculture within the county. 

The following demonstrates how pesticide use (using metribuzin as an example) was 

apportioned down to: 1) the county level, then 2) down to the level of the Sunland Park 

nonattainment area: 

LBS A.I./YEAR 

USED IN NEW 

MEXICO 

CROP THAT 

CHEMICAL IS 

APPLIED TO 

PERCENT OF 

CROP IN 

DONA ANA 

COUNTY 

NONATTAINMENT 

AREA AS A 

PERCENT OF 

COUNTY 

LBS A.I./YEAR 

USED IN THE 

NONATTAINMENT 

AREA 

6250 alfalfa 6.28 22.5 88.3 

2448 potatoes 0.0 22.5 0.0 

8698 TOTALS 88.3 

The following is an example calculation using the pesticide metribuzin. 

88.3 lbs a.i./year used in the nonattainment area 

88.3 x 1.45 (inert portion factor) = 128.0 lbs of inert ingredients used/year 
Pages 56 to 59-B not included with 

May 2, 2007, State submittal to EPA.
59-C 

Calculating VOC from inert ingredients: Since data on pesticide formulations (e.g. emulsifiable 

concentrate, wettable powder, etc.) were not readily available for pesticides used in this area, an 

average VOC content was used. From AP-42: the average VOC content of 18 formulations of 

inert ingredients = 32% by weight. The calculation: 

128.0 lbs inert ingredients/year x 0.32 = 41.0 lbs of VOC emitted from inert 

ingredients in metribuzin 

Calculating VOC from active ingredients: Since data were not available on whether surface 

application or soil incorporation techniques were used on the various pesticides, all 

determinations were based on the worst case scenario of surface application. Pesticides applied 

to the soil surface will volatilize more quickly and to a greater extent when compared to soil 

incorporation. Metribuzin, which has a vapor pressure of < 1 x 10-5 mm Hg, has a surface 

application VOC emission factor of 350 kg/Mg or 700 lbs/ton. This means that 35% of the 

active ingredient may volatilize. 

88.3 lbs a.i./year used in the nonattainment area 

88.3 x 0.35 = 30.9 lbs of VOC emitted from a.i. in metribuzin 

Summing VOC from inert and a.i.: 41.0 + 30.9 = 71.9 lbs of total VOC emitted from metribuzin. 

Tables 2.5-H, I and J summarize VOC emissions from all agricultural pesticide use in the 

nonattainment area. A grand total of 50,789 lbs (25.4 tons) of pesticide active ingredients (a.i.) 

were estimated to be used within the nonattainment area annually. This results in VOC 

emissions of 7.62 tons per year. Sixty-one percent of these emissions come from the moderately 

volatile pesticide group (Table 2.5-I). This group also has the greatest use in terms of tons of a.i. 

per year. The most volatile pesticide group (Table 2.5-J) accounted for 32% of VOC emissions 

and the remaining 7% from the least volatile group (Table 2.5-H). 

TABLE 2.5-H PESTICIDES WITH VAPOR PRESSURES <1 x 10 -6 mmHg. 

 SURFACE APPLICATION EMISSION FACTOR ASSUMED 

PESTICIDE LBS. of Active Ingredient (a.i.) 

used in the Nonattainment Area 

LBS. VOC EMITTED ( Lbs a.i. 

multiplied by the emission factor 

- 0.068) 

2,4 - DB 70.6 4.80 

ANILAZINE 23.7 1.61 

ATRAZINE 164.6 11.2 

 BENSULIDE 191.7 13.0 

BIFENTHRIN 3.77 0.26 

 
59-C 

CARBOFURAN 445.69 30.3 

CYANAZINE 1045.76 71.1 

CYPERMETHRIN 95.8 6.51 

DIURON 227.7 15.5 

ENDOSULFAN 615.1 41.8 

ENDOTHALL 97.8 6.65 

ESFENVALERATE 6.35 0.43 

ETHEPHON 278.6 18.9 

GLYPHOSATE 905.12 61.5 

IPRODIONE 67.2 4.57 

LAMDACYHALOTHRIN 15.2 1.03 

MALEIC HYDRAZIDE 108.7 7.39 

MANCOZEB 51.3 3.49 

MANEB 164.0 11.2 

MEPIQUAT CHLORIDE 25.6 1.74 

MSMA 337.3 22.9 

NAPROPAMIDE 29.5 2.01 

NORFLURAZON 21.8 1.48 

ORYZALIN 43.8 2.98 

PARAQUAT 0.219 0.01 

TABLE 2.5-H (CONTINUED) 

 PESTICIDE LBS. of a.i. used in the 

Nonattainment Area 

LBS. VOC EMITTED ( Lbs a.i. 

multiplied by factor - 0.068) 

PERMETHRIN 368.6 25.1 

PICLORAM 2653.8 180.4 

PROFENOFOS 3.39 0.23 

SETHOXYDIM 168.6 11.5 

SODIUM CHLORATE 7382.2 502.0

SULPROFOS 33.7 2.29 

 
59-C 

TERBACIL 113.0 7.68 

THIDIAZURON 113.3 7.70 

THIODICARB 12.1 0.82

34 CHEMICALS 15,885.599 1080.08 (0.540 tons)

TABLE 2.5-I PESTICIDES WITH VAPOR PRESSURES 1 x 10-4 to 1 x 10 -6 mmHg. 

 SURFACE APPLICATION EMISSION FACTOR ASSUMED

 PESTICIDE LBS. of Active Ingredient (a.i.) 

used in the Nonattainment Area 

LBS. VOC EMITTED (LBS. a.i. 

multiplied by the emission factor 

-0.35) 

2, 4 - D 13,967.57 4888.6 

ACEPHATE 8.40 2.94 

ALACHLOR 125.78 44.0 

ALDICARB 449.2 157.2 

BENEFIN 374.8 131.2 

BROMOXYNIL 165.1 57.8 

CHLORPYRIFOS 1153.3 403.6 

CYFLUTHRIN 10.1 3.54 

DCPA 2559.8 895.9 

DICAMBA 29.91 10.5 

DIMETHOATE 310.4 108.6 

ETHALFLURALIN 7.51 2.63 

ETHYL PARATHION 4.38 1.53 

FLUAZIFOP 104.6 36.6 

MALATHION 0.498 0.17 

METALAXYL 69.0 24.2 

METHOMYL 1997.8 699.2 

METHYL PARATHION 237.89 83.3 

METOLACHLOR 469.43 164.3 

METRIBUZIN 88.3 30.9 

OXYDEMETON-METHYL 25.40 8.89 
59-C 

TABLE 2.5-I PESTICIDES WITH VAPOR PRESSURES 1 x 10-4 to 1 x 10 -6 mmHg. 

 SURFACE APPLICATION EMISSION FACTOR ASSUMED

 PESTICIDE LBS. of Active Ingredient (a.i.) 

used in the Nonattainment Area 

LBS. VOC EMITTED (LBS. a.i. 

multiplied by the emission factor 

-0.35) 

PENDIMETHALIN 1049.09 367.2

PROMETRYN 1235.4 432.4 

PRONAMIDE 276.2 96.7 

TRIBUFOS 1720.1 602.0 

25 CHEMICALS 26,439.968 9253.90 (4.627 tons)

TABLE 2.5-J PESTICIDES WITH VAPOR PRESSURES >1 x 10 -4 mmHg. 

 SURFACE APPLICATION EMISSION FACTOR ASSUMED

 PESTICIDE LBS. of Active Ingredient (a.i.) 

used in the Nonattainment Area 

LBS. VOC EMITTED (LBS. a.i. 

multiplied by the emission factor 

-0.58) 

1,3 -D 5059.0 2934.2 

CHLOROTHALONIL 0.0 0.0 

DICROTOPHOS 278.2 161.4 

DISULFOTON 44.45 25.8 

EPTC 413.1 239.6 

PCNB 134.9 78.2 

PHORATE 2.19 1.27 

PROPARGITE 123.5 71.6 

TRIFLURALIN 2408.70 1397.0 

8464.04 4909.07 (2.454 tons)

VOC Emissions summary of Tables 2.5-H, I, and J: 

2.5-H: 0.540 tons 

2.5-I: 4.627 tons 

2.5-J: 2.454 tons

Grand Total 7.621 tons of VOC from pesticide a.i.(active ingredients) 
60 

 AP-42 lists emission factors based on pesticide vapor pressure and mode of application (surface 

or soil incorporated). Again, surface application factors were used as a worst case scenario. 

Vapor pressures were determined for each pesticide. Each pesticide was placed in one of the 

three vapor pressure ranges ( < 1 x 10-6, 1 x 10-4 to 1 x 10-6, and >1 x 10-4 mmHg) according to 

AP-42. Pesticides with no identifiable vapor pressures were placed into the lowest range (<1 x 

10-6 mmHg). Unfortunately, although AP-42 lists emission factors for these three vapor pressure 

ranges for soil incorporation, it does not list an emission factor for <1 x 10-6 mmHg under 

surface application. This is an apparent oversight or deficiency in AP-42. Although <1 x 10-6

mmHg is a lower vapor pressure range, surface application emissions are well known to be 

greater than that of soil incorporation. Consequently, NMED staff estimated an emission factor 

for pesticides <1 x 10-6 mmHg applied at the surface as follows: 

Soil incorporation emission factor Surface application emission factor

42 / 104 = 0.404 700 / 1160 = 0.603 

5.4 / 42 = 0.128 X / 700 = Y 

0.128 / 0.404 = 0.317 (31.7%) 

The objective was to make comparable the relative drop in emissions from high vapor pressures 

to low vapor pressures similar between soil incorporation and surface application. Hence, Y 

should be calculated to be 32% (round off 31.7% since this is an estimation) of 0.603, meaning, 

Y = 0.193. This will result in X = 135 lbs of VOC emitted per ton of pesticide applied. By 

examining all of these emission factors in AP-42 one should see that this figure is a reasonable 

estimate. 

Calculation for total inert VOC emissions: 

50,789.6 lbs a.i. used in the nonattainment area for all pesticides 

50,789.6 x 1.45 = 73,644.9 lbs of inert ingredients used 

73,644.9 x 0.32 = 23,566.4 lbs of VOC from inert ingredients (11.78 tons) 

B. Nursery and greenhouse operation. They estimated pesticide use at about 1 quart per 

year of malathion. Not knowing how much per gallon the formulation weighs and to be 

conservative, use 10 lbs/gal. 

1 qt x (1 gal/4 qts) x (10 lbs/gal) = 2.50 lbs. 

Given: 1) vapor pressure of malathion is 8.0 x 10-6 mm Hg, 2) that average VOC content for 18 

formulations is 32% (from AP-42), and 3) the VOC content of the active part is 35%, go with an 

overall VOC content of 33%. 

2.50 lbs x 0.33 = 0.825 lbs 

Since 1 qt per year seemed like a very small amount, this was increased by a factor of 5: 

0.825 x 5 = 4.12 lbs of VOC (0.002 tons) 

This is still a very small quantity. 

C. Golf Course. The golf course uses Round-Up (glyphosate), Super Trimec (dicamba + 
61 

2,4-D), Four (a fungicide), and Lebanon. 

Round-up: 50 gal/yr (10 lbs/gal) = 500 lbs/yr 

500 lbs x 0.59 (inert fraction) = 295 lbs inert (Leaving 205 lbs active) 

295 x 0.32 (VOC in inert fraction) = 94.4 lbs of VOC 

205 x 0.068 (fraction of VOC in a.i.) = 13.9 lbs of VOC 

108.3 lbs of VOC from Round-Up (0.054 tons) 

Super Trimec: 40 gal/yr (10 lbs/gal) = 400 lbs/yr 

Since both a.i. are at 35% VOC and the inert portion is at 32%, use an 

overall figure of 33% 

400 x 0.33 = 132 lbs of VOC (0.066 tons) 

Four fungicide: 2 bags at 2.5 lbs each per year 

5 lbs x 0.33 = 1.65 lbs of VOC (0.0008 tons) 

Lebanon: 30 bags at 5 lbs each per year 

150 lbs x 0.33 = 49.5 lbs of VOC (0.025 tons) 

Sum of all four pesticides for the golf course: 291.45 lbs or 0.146 tons 

D. Sod Farm. They use Round-Up, Bectril, Super Trimec, and 3 different spreaders or 

surfactants. 

Round-up: 10 gal/yr x 10 lbs/gal = 100 lbs/yr 

59 lbs inert x 0.32 = 18.88 lbs of VOC 

41 lbs active x 0.068 = 2.79 lbs of VOC 

21.67 lbs of VOC total (0.0108 tons) 

Bectril: 5 gal/yr x 10 lbs/gal = 50 lbs 

50 lbs x 0.33 = 16.5 lbs of VOC (0.008 tons) 

Super Trimec: 10 gal/yr x 10 lbs/gal = 100 lbs 

100 lbs x 0.33 = 33 lbs of VOC (0.017 tons) 

3 different spreaders/surfactants: 30 gal/yr x 10 lbs/gal = 300 lbs 

 300 lbs x 0.33 = 99 lbs of VOC (0.050 tons) 

Sum of VOC emitted from the sod farm is: 170.2 lbs (0.085 tons) 

Total for these 3 sources (B., C. and D.) is: 0.002 tons + 0.146 tons + 0.085 tons = 0.233 tons 

E. Summary of all VOC Emissions from Pesticide Use. 

VOC emissions from agricultural pesticide use dominates over other pesticide sources. VOC 

from agriculture accounts for 99% of the total. Emissions from the nursery, golf course, and sod 

farm can be considered insignificant. 
62 

Table 2.5-K. Summary of annual VOC emissions from pesticide use. 

 SOURCES 

 AGRICULTURE 

ACTIVE 

INGREDIENTS 

INERT 

INGREDIENTS 

 NURSERY 

 GOLF 

 COURSE 

 SOD 

 FARM 

VOC 

EMISSIONS 

(TONS) 

 7.62 11.78 0.002 0.146 0.085 

GRAND TOTAL VOC FROM PESTICIDES: 19.63 Tons 

Daily emissions were calculated as 116.48 lbs/day (0.0582 tons/day) and based on 7 days/week 

operation and 27% of annual activity in the ozone season (10% winter, 30% spring, 33% 

summer). 

Service (Gasoline) Stations. 

Vehicle refueling emissions from gasoline service stations is a component of the EPA's Mobile 5 

model and hence is included under Section 2.6 - On-Road Mobile Sources within this report. 

Solvent Use. 

Commercial and consumer solvent use can be calculated using EPA AP-42 per capita emission 

factors (4.2 kg/yr or 9.2 lbs/yr). 

4.2 kg/yr x 12,752 people = 53,558 kg of VOC (117,828 lbs or 58.92 tons) 

Since 31% of this is considered nonreactive, multiply the above figure by 69%, leaving 40.66 

tons of VOC emitted annually. Guidance and emission factors in the draft EIIP (Emissions 

Inventory Improvement Program) yields similar results (7.99 lbs/person/year): 101,888 lbs or 

50.94 tons per year. 

Solvent use can also be determined on a source by source basis through this inventory. Care 

must be taken to keep from counting some emission sources twice because sources in this 

category may overlap with others such as surface coatings, graphic arts, surface cleaning, etc. 

Hence, any sources in which VOC emissions were counted and classified elsewhere were not 

counted in this category. A total of eight commercial sources were identified as potential solvent 

users for this category. For the most part, all solvents used were presumed to entirely volatilize 

as a worst case estimate of emissions. The EIIP per capita method is also broken down into 

different source types. So as to cover consumer/household emissions but not to overlap with 

identified commercial sources, 2 of the EIIP per capita factors were used: 1) personal care 
63 

products, and 2) other household products. Hence, these are listed as two additional source types 

in this inventory. Calculations by sources are as follows: 

[Note: 7 lbs/gal was used as a representative weight for most solvents, in the absence of 

specific data, since many of the following chemicals and solvents were not specifically 

identified.] 

A. Automobile mechanic shop #1: 

12 gal of auto degreaser/yr x 7 lbs/gal = 84 lbs/yr of VOC 

B. Automobile mechanic shop #2: 

15 gal of solvent/yr x 7 lbs/gal = 105 lbs of VOC 

C. Automobile mechanic shop #3 

8 gal/yr of mineral spirits x 7 lbs/gal = 56 lbs/yr of VOC 

D. Automobile mechanic shop #4: 

10 gal/yr of parts cleaner x 7 lbs/gal = 70 lbs/yr of VOC 

E. A small chemical distributor (one employee): Examples of some of the chemicals used are: 

glycol ether, mineral spirits, acintol, isopropanol, steol, ninol diethanolamine, triethanolamine, 

and xylene. 

13 - 55 gal. Drums of HAPs: 13 x 55 = 715 gal 

1 - 55 gal drum is only 40% VOC, hence only 22 gal of VOC 

715 gal + 22 gal = 737 gal 

737 gal x 7 lbs/gal = 5159 lbs/yr of VOC 

F. Furniture manufacturing shop: 

500 gal of HAP materials/yr x 7 lbs/gal = 3500 lbs/yr of VOC 

G. A heating/cooling system company: 

300 gal/yr of insulation glue x (3.78 l/gal) = 1134 liters 

1134 liters x (543 g VOC/l) = 615,762 g VOC = 615.8 kg (1361 lbs) 

H. Personal care products: The EIIP per capita emission factor for personal care products is 

2.34 lbs/person/year: 

2.34 lbs/person/yr x 12,752 people = 29,839.7 lbs (14.92 tons) 

I. Other household products: The EIIP per capita emission factor for other household products 

is 0.74 lbs/person/year: 

0.74 lbs/person/yr x 12,752 people = 9436.5 lbs (4.72 tons) 

J. A tire company: 
64 

55 gal cleaner/4 months x 3 = 165 gal/yr 

165 gal/yr x 7 lbs/gal = 1155 lbs/yr of VOC 

K. Summary of Commercial/Consumer Solvent Use. 

1. Per Capita Method: 40.66 or 50.94 tons/year based on method used (AP-42 or EIIP). 

 The per capita method is a combination of both commercial and household use. 

2. By Source Method: Commercial use is assessed source by source. Household 

consumer use is done via the EIIP per capita method for: 1) personal care products, and 2) other 

household products. 

Table 2.5-L. Summary of annual VOC emissions from commercial/consumer solvent use. 

SOURCE VOC EMISSIONS IN LBS 

Automobile mechanic shop #1 84 

Automobile mechanic shop #2 105 

Automobile mechanic shop #3 56 

Automobile mechanic shop #4 70 

Chemical distributor 5159 

Furniture manufacturer 3500 

Heating/cooling company 1361 

Household products 9436 

Personal care products 29,840 

Tire company 1155 

TOTALS 50,766 (25.38 tons) 

DAILY EMISSIONS (lbs) 139.47 (0.0697 tons) 

The source by source method represents only about one-half of the emissions of the per capita 

method. Since the source by source method is based on field surveys it is deemed to be a more 

accurate estimation of solvent use rather than the overall per capita calculation. Hence, this 

inventory is using the source by source method rather than the per capita method. Daily ozone 

season emissions are based on 7 days/week and 25% activity in each of the four seasons. 

Surface Cleaning

The automobile repair shops and body shops could be included here but since they have been 

included elsewhere (e.g surface coatings and solvent use) they should not be counted here in 

order to prevent double counting. No other types of surface cleaning operations were identified. 
65 

Synthetic Organic Chemical Storage Tanks

None of these were identified. 

Tank Breathing Losses

This category applies to fuel or other chemical storage tanks. The general equation for this 

determination is LT (total losses) = LS (standing losses) + LW (working losses). The following 

tanks were identified: 

SOURCE TANK CONTENTS TANK SIZE (gallons) 

Grocery/gas station gasoline 3 @ 2000 = 6000 

Plumbing/heating/air 

conditioning company 

gasoline 500 

Cemetery and crematory gasoline 200 

Cemetery and crematory diesel 200 

Dairy operation diesel 250 

TOTALS 6700 gal - gasoline 

450 gal - diesel 

Considering no specific data on these tanks were available, such as tank design and frequency of 

refilling, some assumptions were made. Assume each tank is refilled once per month (which 

may or may not be an overestimate). Use the AP-42 underground tank breathing loss emission 

factor (1 lb of VOC/103

 gal of throughput) as no factor is available for aboveground tanks. To 

adjust for potentially greater emissions from an aboveground tank, double (100% increase) this 

emission factor to 2 lbs/103

 gal of throughput. 

A. Grocery/gas station. These tanks are below ground. 

6000 gal x 12 months = 72,000 gal/yr = 72 x 103 gal/yr 

72 x 103 gal/yr x 1 lb/103 gal = 72 lbs of VOC/yr (0.04 tons) 

B. Aboveground gasoline tanks (the plumbing/heating co. and the cemetery/crematory) 

700 gal x 12 months = 8400 gal/yr = 8.4 x 103 gal/yr 
66 

8.4 x 103 gal/yr x 2 lbs/103 gal = 16.8 lbs of VOC/yr (0.008 tons) 

C. Aboveground diesel tanks (the cemetery/crematory and the dairy) 

450 gal x 12 months = 5400 gal/yr = 5.4 x 103 gal/yr 

5.4 x 103

 gal/yr x 2 lbs/103 gal = 10.8 lbs of VOC/yr (0.005 tons) 

D. Summary of Tank Breathing Losses. 

0.04 tons + 0.008 tons + 0.005 tons = 0.053 tons of VOC (106.0 lbs) 

Ozone season day emissions were calculated to be 0.291 lbs/day (0.000146 tons/day). This was 

based on 7 days/week operation and 25% activity in the ozone season. 

Tank, Tank Truck, Rail Car, Barge, and Drum Cleaning

None of these activities were identified within the nonattainment area. 

Tank Truck Unloading - Tank Loading

This category also applies to fuel or other chemical storage tanks. The following tanks were 

identified (same tanks as listed under Tank Breathing Losses): 

SOURCE TANK CONTENTS TANK SIZE (gallons) 

Grocery/gas station gasoline 3 @ 2000 = 6000 

Plumbing/heating company gasoline 500 

Cemetery/crematory gasoline 200 

Cemetery/crematory diesel 200 

Dairy operation diesel 250 

TOTALS 6700 gal - gasoline 

450 gal - diesel 

Considering no specific data on these tanks were available, such as tank design and frequency of 

refilling, some assumptions were made. Assume each tank is refilled once per month (which 

may or may not be an overestimate). From AP-42, use as a worst case estimate, the splash fill 

emission factor (11.5 lb of VOC/103 gal of throughput). 
67 

A. Grocery/gas station. These tanks are below ground. 

6000 gal x 12 months = 72,000 gal/yr = 72 x 103

 gal/yr 

72 x 103 gal/yr x 11.5 lb/103 gal = 828 lbs of VOC/yr (0.414 tons) 

B. Aboveground gasoline tanks (the plumbing/heating co. and the cemetery/crematory) 

700 gal x 12 months = 8400 gal/yr = 8.4 x 103

 gal/yr 

8.4 x 103 gal/yr x 11.5 lbs/103 gal = 96.6 lbs of VOC/yr (0.048 tons) 

C. Aboveground diesel tanks (the cemetery/crematory and the dairy) 

450 gal x 12 months = 5400 gal/yr = 5.4 x 103

 gal/yr 

5.4 x 103

 gal/yr x 11.5 lbs/103 gal = 62.1 lbs of VOC/yr (0.031 tons) 

D. Summary of Tank Unloading/Loading Emissions. 

0.414 tons + 0.048 tons + 0.031 tons = 0.493 tons of VOC (986.0 lbs) 

Ozone season daily emissions were calculated to be 3.16 lbs/day (0.00158 tons/day). This was 

based on 6 days/week operation and 25% activity during the ozone season. 

Waste Treatment Facilities

This category includes municipal landfills, industrial and municipal wastewater, and wastewater 

package plants. Of these, there is one large municipal landfill and one wastewater treatment 

facility. 

A. Camino Real Landfill. These data were obtained from design capacity and NMOC reports 

submitted by the landfill to fulfill NSPS (40 CFR Part 60 Subpart WWW) requirements. 

 Average Annual 

 LANDFILL Acceptance Rate 

 Tons Mg 

 Years 

 Operating 

 Tier I 

 NMOC 

 Mg/yr 

Camino Real, Sunland Park 129,000 117,000 19 461.3 

(508.6 tons) 

Using AP-42 input values in the US EPA Landfill Air Emissions Model resulted in an NMOC 

emission value of 41.1 Mg/yr (45.3 tons), ten times smaller than the Tier I method. See the 

Appendix to this report for AP-42 versus Tier I inputs and results. 

This landfill is currently working on Tier II site specific monitoring to more accurately 

determine NMOC (VOC) emissions. The Tier I calculation method is used as a screening 

method by the EPA to identify landfills potentially emitting large quantities of VOC. Landfills 

are encouraged to do more specific and accurate Tier II and Tier III methods. Hence, for this 

inventory report, the Tier I method will be reported as a “worst” case situation, while the AP-42 

calculation will be reported as a “best” case situation. Daily ozone season emissions were based 
68 

on 7 days/week and 25% of annual activity during the ozone season and calculated to be the 

following: 

Worst case Best case

1.40 tons/day (2794.5 lbs/day) 0.124 tons/day (248.9 lbs/day) 

B. Municipal Wastewater - Sunland Park City Wastewater Treatment Plant. For comparison 

purposes El Paso, Texas reported only 1.5-5.6 lbs/year of VOC emissions from individual plants 

(that report had a figure of about 20 lbs/year total from all wastewater treatment plants in El 

Paso). El Paso used the EPA SIMS model. This model is no longer supported by EPA and has 

been replaced by the WATERS model. Using EPA national default values to estimate 

emissions, Texas reported 5.76 tons/year for the whole county of El Paso. EPA’s general 

emission factor is 1.1 x 10-4 lbs VOC/gal of treated wastewater. VOC emissions are directly 

proportional to industrial effluent (the national default is 16% of wastewater is industrial in 

origin). The Sunland Park treatment plant handles 498,000 gal/day. So the calculation is as 

follows: 

498,000 gal/day x 365 days x 1.1 x 10-4 lbs VOC/gal x 0.16 x 1 ton/2000 lbs = 

1.60 tons/year of VOC (3200 lbs) 

Ozone season day emissions were calculated as 0.00440 tons/day (8.79 lbs/day). These are 

based on 7 days/week operation and 25% activity in the fall (15% winter, 25% spring, and 35% 

summer). 

Summary of all Evaporative Emission Sources

From summary data in Table 2.5-M (below) the most significant evaporative sources of VOC 

are: 1) the landfill, 2) architectural coatings, 3) solvent use, and 4) pesticide use. These four 

sources combined account for 97% of all emissions under the worst case situation and 88% 

under the best case situation. Worst and best case situations were based on different methods 

for estimating emissions from the landfill. Under the worst case the landfill accounts for 84% of 

all evaporative emissions. Under the best case the landfill accounts for only 32% of emissions. 

Table 2.5-M. Summary of all evaporative emission sources. TPY = tons/year; PPD = 

pounds/day. 

 SOURCES VOC EMISSIONS 

 TPY PPD 

AIRCRAFT REFUELING 0.001368 0.00752 
69 

ASPHALT 2.36 12.96 

BIOPROCESS 1.1 4.84 

CATASTROPHIC RELEASES 0.0 0.0 

APPLIANCES 5.25 14.68 

ARCHITECTURAL 33.48 183.96 

SURFACE 

COATING 

AUTO REFINISHING 0.57 4.38 

DRY CLEANING 0.0 0.0 

GRAPHIC ARTS 5.4 41.82 

LEAKING UNDERGROUND STORAGE 

TANKS 

0.0 (considered 

not significant) 

0.0 

MISCELLANEOUS OTHER SOURCES 0.212 0.972 

OIL AND GAS OPERATIONS 0.0 0.0 

PESTICIDE USE 19.63 116.48 

SERVICE (GASOLINE) STATIONS in Mobile 5 model in Mobile 5 model 

SOLVENT USE 25.38 139.47 

SURFACE CLEANING 0.0 0.0 

SYNTHETIC ORGANIC CHEMICAL STORAGE 

TANKS 

0.0 0.0 

TANK BREATHING LOSSES 0.053 0.291 

TANK, TANK TRUCK, RAIL CAR, BARGE, 

AND DRUM CLEANING 

0.0 0.0 

TANK TRUCK UNLOADING/LOADING 0.493 3.16 

LANDFILLS 508.6 (worst 

case); 45.3 (best 

case)* 

2794.5 (worst 

case) 

248.9 (best case)* 

WASTE 

TREATMENT 

WASTE WATER 1.6 8.79 

 GRAND TOTAL 604.13 (worst 

case); 140.83 

(best case) 

3326.31 (worst) 

(1.663 tons) 

780.71 (best) 
70 

(0.390 tons) 

* "Worst" and "best" case figures were based on which technique was used to estimate emissions from the municipal solid waste 

landfill. 
71 

 SECTION 2.6 - ON - ROAD MOBILE SOURCES 

These sources include automobiles, trucks and all vehicles that travel on established roads. 

Emissions from these sources can be estimated using a computer model recommended by the 

U.S. EPA called Mobile 5. There is a complex set of input data and variables that must go into 

this model in order to arrive at a reasonable determination of pollutant emissions. Some of this 

input information includes: fraction of vehicles within eight different vehicle classes, vehicle 

miles traveled (VMT), VMT mix (which distributes VMT by the eight vehicle classes), air 

temperature, vehicle speeds, types of roads within the area, directional splits (variations in the 

direction of traffic movement), Highway Performance Monitoring System (HPMS) traffic data 

factors, time of day, season of year, etc. Since the TNRCC and TXDOT (Texas Department of 

Transportation) have been conducting this type of modeling for several years for their several 

nonattainment areas, including El Paso, the NMED has taken advantage of this experience in 

obtaining emission data for Sunland Park. TNRCC and TXDOT have been contracting this 

modeling work with the Texas Transportation Institute at Texas A&M University. Mobile 

source modeling currently being conducted for El Paso has included the Sunland Park 

nonattainment area. TXDOT conducted traffic counts within the Sunland Park nonattainment 

area in 1996 in order to obtain data for their modeling efforts. The Texas modeling effort 

includes a series of four computer programs as follows: POLFAC5A, PREPIN, IMPSUM, and 

SUMALL. POLFAC5A contains the Mobile 5b model embedded within it and is used to obtain 

emission factors for each vehicle class, each vehicle speed from 3-65 mph, and for each of the 

three pollutants, CO, NOx, and VOC. Hence this program generates 1512 different emission 

factors (8 x 63 x 3 = 1512). Separate calculations are performed for each of four daily time 

periods: peak morning (7:15 am - 8:15 am), midday (8:15 am - 4:45 pm), peak afternoon (4:45 

pm - 5:45 pm), and overnight (5:45 pm - 7:15 am). PREPIN does several things, including 

making seasonal adjustments, making adjustments for vehicle operational speeds, using 24-hour 

trip data, accounting for time-of-day factors, and adjusting traffic counts to HPMS VMT. 

IMPSUM applies the emission factors to VMT mixes and speed estimates based on the various 

roadway types. SUMALL summarizes all of the data into daily CO, NOx, and VOC emissions. 

The computer run obtained from Texas was for the year 1994 (the year they are currently 

involved with modeling). The model run was parceled out into two components, one for El Paso 

and one for Sunland Park. These output data were factored up for Sunland Park's base year 

inventory of 1995. The 1994 emission data for Sunland Park were increased by 3.71%, which is 

the calculated annual population increase for the Sunland Park area (see Section One - 

Introduction). TXDOT did take actual traffic counts within Sunland Park (for 1996), but 

vehicle distribution by class was assumed to be similar to El Paso. Also, the model was run with 

the vehicle inspection/maintenance (I/M) and tampering variables turned off. These are 

generally only turned on for enhanced I/M programs. One other consideration is that the model 

was run for a June, July and August ozone season while this report has defined Sunland Park's 

season to be August, September and October. Hence some of Sunland Park's emissions could 

possibly be under-estimated (e.g. CO) or over-estimated (e.g. NOx). But due to Sunland Park's 

small size (in both area and population) and that there is a one month overlap (August), this 
72 

difference is not anticipated to be significant. Table 2.6-A, below, summarizes daily summertime emissions generated by the model for the Sunland Park nonattainment area. Some of the 

1994 model output data can be found in the Appendix (just the summary of emissions as the 

entire computer printout package is several hundred pages long). 

Table 2.6-A. Summary of emissions from on-road mobile sources in the Sunland Park 

nonattainment area. See table footnote for vehicle class abbreviations. 

VEHICLE DAILY SUMMER-TIME EMISSIONS IN POUNDS 

CLASS* 

 CO NOx VOC 

LDGV 3698.1 643.2 366.3 

LDGT1 1267.8 212.7 127.0 

LDGT2 480.2 72.9 49.0 

HDGV 467.6 64.1 27.1 

LDDV 1.2 2.3 0.5 

LDDT 0.5 0.8 0.3 

HDDV 107.2 276.2 23.8 

MC 18.8 2.2 5.3 

TOTALS 6041.4 

(3.021 tons) 

1274.4 

(0.637 tons) 

599.3 

(0.300 tons) 

* Vehicle class abbreviations are as follows: LDGV = light duty gasoline powered vehicles; LDGT1 = light duty gasoline powered

trucks, from 0-6000 lbs gross vehicle weight; LDGT2 = light duty gasoline powered trucks, from 6001-8500 lbs gross vehicle weight; HDGV = 

heavy duty gasoline powered vehicles; LDDV = light duty diesel powered vehicles, from 0-6000 lbs gross vehicle weight; LDDT = light duty 

diesel powered trucks; HDDV = heavy duty diesel powered vehicles; and MC = motorcycles. 

To arrive at a gross estimate of annual emissions for summary and comparative purposes (in 

Sections 2.1 and 2.2 of this report) the above figures were multiplied by 365 days. Gross annual 

estimates are as follows: 

CO: ≥1102.67 tons 

NOx: ≤232.50 tons 

VOC: ≥109.50 

These figures are inexact because emissions can vary seasonally. CO and VOC emissions might 

be expected to be greater in cooler months (due to incomplete combustion), hence the annual 

figures might be under-estimates. NOx emissions might be expected to be greater in warmer 

months, hence the annual figure might be an over-estimate. In any case, these figures are just 

being used to make gross approximations and comparisons. 
73 

 SECTION 2.7 - NON-ROAD MOBILE SOURCE EMISSIONS 

Non-road mobile sources include railroads, aircraft, ships and watercraft, and many other 

miscellaneous sources such as agricultural vehicles, construction vehicles, light commercial use 

vehicles, and lawn and garden equipment. These types of sources can be hard to inventory and 

quantify. For this inventory, data were obtained or derived for three categories: 1) railroads, 2) 

aircraft, and 3) miscellaneous. Ships and watercraft were not considered because the Rio Grande 

is essentially unnavigable and there are no large lakes or reservoirs in the nonattainment area. 

Railroads

Data on railroad traffic were obtained from a proposed environmental impact assessment (EIA) 

regarding a merger of Southern Pacific and Union Pacific Railroads (report dated Nov. 30, 

1995). Data in this report showed estimated increases in emissions of hydrocarbons (taken to be 

VOC), carbon monoxide, and nitrogen oxides (as well as other pollutants) along various rail 

segments in several western states. The rail segment that runs from El Paso, TX to Lordsburg, 

NM is the one that runs through the Sunland Park nonattainment area. This segment is 148 

miles long with 12.5 miles lying within the nonattainment area. The 12.5 miles was determined 

from examining maps from the New Mexico State Highway and Transportation Department. 

The following steps show how emissions were calculated. 

1. The fraction of the rail segment lying within the nonattainment area: 

12.5 ÷ 148 x 100 = 8.44% 

2. From the EIA report: Estimated increases in emissions along the entire rail segment: 

Carbon monoxide 154.02 tons/year 

Hydrocarbons (VOC) 49.54 tons/year 

Nitrogen oxides 1152.93 tons/year 

3. Emissions increases for the fraction of rail segment within the nonattainment area: 

CO: 154.02 x 0.0844 = 13.00 tons/year 

VOC: 49.54 x 0.0844 = 4.18 tons/year 

NOx: 1152.93 x 0.0844 = 97.31 tons/year 

4. The report states the increases are due to a 29.4 % increase in fuel consumption. Assume 

a 29.4 % increase in air emissions to correspond with the increased fuel consumption. 

Calculation of current emissions is as follows: (CE = current emissions) 

CO: 13.00 = 0.294 x CE CE = 44.22 tons/yr 

VOC: 4.18 = 0.294 x CE CE = 14.22 tons/yr 

NOx: 97.31 = 0.294 x CE CE = 330.99 tons/yr 

Aircraft

To determine emissions from aircraft, both the types and sizes of planes and the frequency of 

landings and take-offs (LTO) must be known. A letter was sent to the Santa Teresa Airport 

asking for this information. Both the Santa Teresa Airport and a private airport called Cielo 

Dorado receive only small general aviation craft with 100-150 horse power engines. This 

information was received via a phone call from the Santa Teresa Airport manager. Although the 
74 

Santa Teresa Airport is technically not fully within the nonattainment area, since most of it is 

just outside the boundary, it has been included for inventory purposes anyway. The EPA’s fleet 

averaging procedure was used to calculate emissions as follows: 

1. Data needed for calculation: 

LTO data: Santa Teresa 20 LTO/day 

Cielo Dorado 6 LTO/day 

Emission factors (for fleet averaging): CO - 12.014 lbs/LTO 

NOx - 0.065 lbs/LTO 

VOC - 0.394 lbs/LTO 

2. Calculation: 

(LTO/day) x (lbs/LTO) = lbs/day 

(lbs/day) x (365 days) x (2000 lbs/ton) = tons/yr 

Table 2.7-A. Emissions from aircraft. 

Airport CO NOx VOC 

lbs/day tons/yr lbs/day tons/yr lbs/day tons/yr 

Santa Teresa 240.28 43.85 1.3 0.24 7.88 1.44 

Cielo Dorado 72.084 13.16 0.39 0.071 2.364 0.43 

Miscellaneous Other Sources

Determining emissions from other non-road equipment such as lawn and garden equipment can 

be difficult. Consequently, the per capita frequency and occurrence of miscellaneous other nonroad mobile sources (e.g. weed-eaters, lawn mowers, etc.) used in the Sunland Park area was 

assumed to be similar to El Paso, Texas. El Paso’s 1990 non-road mobile source inventory was 

used as a basis for calculation. Since the frequency of such sources is largely based on 

population size, Sunland Park’s emissions were calculated as a population ratio of El Paso. 

From 1990 census data the population of what is now the Sunland Park nonattainment area 

(communities of Sunland Park, Santa Teresa, and La Union) was 10,705. The formula for the 

ratio is: 

10,705 = X X = 0.0181 or 1.81% 

591,610 El Paso emissions (CO, NOx, or VOC) 

Hence, 1990 Sunland Park emissions were calculated as 1.81% of El Paso. Next, these 

emissions had to be increased based on Sunland Park population growth from 1990 to 1995. 

Estimated population within the Sunland Park nonattainment area in 1994 was 12,295 (up 

14.85% from 1990, or 3.71% per year). Assuming another 3.71% increase from 1994 to 1995 

yields a population of 12,752 (which amounts to a total increase of 19.12% from 1990). Finally, 

1990 estimated emissions were increased by 19.12% to arrive at 1995 estimated emissions. 

Unlike El Paso, no special seasonal emission factor was used in calculating Sunland Park’s daily 

emissions (since Sunland Park’s ozone season is August-October and El Paso’s was June-
75 

August). Sunland Park’s annual figure was simply divided by 365 days (25% of annual activity 

in each season, 7 days/week operation). 

Table 2.7-B. Determination of Sunland Park non-road mobile source emissions from El Paso, 

TX emissions. 

El Paso, Texas 

 1990 

Sunland Park, 

 1990 

 Sunland Park, 1995 

 Pollutant 

 tons/year tons/year tons/year tons/day 

 CO 33,829.00 612.30 729.37 1.998 

 NOx 3950.00 71.50 85.17 0.233 

 VOC 3262.00 59.04 70.33 0.193 

Summary of Non-Road Emissions

Miscellaneous sources account for 88% of carbon monoxide (CO) and 81% of volatile organic 

compounds (VOC), while railroads account for 79% of nitrogen oxides (NOx) emissions in the 

Sunland Park ozone nonattainment area. Daily ozone season emissions are based on 7 

days/week operation and 25% of annual activity in the ozone season. 

Table 2.7-C. Summary of non-road mobile source emissions for Sunland Park for 1995. TPY = 

tons/year; TPD = tons/day. 

SOURCE CO NOx VOC 

CATEGORIES 

 TPY TPD TPY TPD TPY TPD 

Railroads 44.22 0.121 330.99 0.907 14.22 0.0390 

Santa Teresa Airport 

(small planes) 

 43.85 0.120 0.24 0.00066 1.44 0.0039 

Cielo Dorado 

Airport (small 

private planes) 

 13.16 0.036 0.071 0.00019 0.43 0.0012 

All other sources 729.37 1.998 85.17 0.233 70.33 0.193 

TOTALS 830.60 2.275 416.471 1.141 86.42 0.237 

 

SECTION 2.8 - BIOGENIC EMISSIONS
76 

This section summarizes emissions from biogenic sources. These are primarily VOC emissions 

from vegetation but also includes nitrogen oxides (mainly nitrous oxide, NO) from soil microbes. 

 Emissions from these sources can be estimated by using U.S. EPA’s biogenic emissions model 

called PCBEIS. There are four types of information needed to determine biogenic emissions 

according to U.S. EPA guidance in order to run the current version of PCBEIS: 

1. The top ten hourly ozone days over a three year period. 

2. Weather data for determining the maximum temperature for the top ten ozone days. 

3. Hourly: a. Air temperature 

b. Cloud cover fraction 

c. Photosynthetically active radiation (PAR) 

4. Site information: a. County FIP codes 

b. Latitude and longitude 

c. Time zone 

d. Month, day, and year of selected input 

Ten highest ozone days and ranking based on temperature

The ten highest ozone days were selected from AIRS data for the Sunland Park City Yard 

monitor (AIRS code # 35-013-0017) for the three years: 1993, 1994, and 1995. Maximum air 

temperature data were also extracted from AIRS since the Sunland Park site also has a 

meteorological monitoring station. The ten highest ozone days are shown below along with the 

maximum temperature for that day. 

Table 2.8-A. Ten highest ozone days over the period 1993-1995. 

 Maximum Air Temperature 

 Dates 

Max. Hourly Ozone 

Concentration (ppm) ° C Time 

9-7-93 0.140 33.0 1500 

8-2-94 0.137 36.8 1400 

9-6-95 0.137 39.5 1400 

6-24-94 0.136 41.6 1500 

10-28-95 0.135 29.4 1500 

8-24-93 0.131 37.6 1500 

8-30-95 0.131 38.3 1300 

8-12-93 0.129 37.3 1300 

11-30-93 0.127 21.9 1500 

6-30-94 0.124 43.9 1400 

The next step was to pick the day with the fourth highest air temperature; this day was August 

30, 1995. Hourly air temperature and cloud cover fraction for this day were the inputs to the 
77 

PCBEIS model. Since air temperature data are collected at the Sunland Park monitoring site 

these data were used for input. Cloud cover data were obtained from the National Oceanic and 

Atmospheric Administration (NOAA) - National Weather Service station in El Paso, Texas. The 

following codes for cloud cover were translated to approximate numerical figures as follows: 

Percent cover

CLR = clear sky (< 1/10 of sky covered) 0 

SCT = scattered clouds (0 - 5/10 of sky covered) 25 

BKN = broken clouds (6/10 - 9/10 of sky covered) 75 

The other variable called for in the current version of PCBEIS, PAR (photosynthetically active 

radiation), is calculated by the model from other input data (namely the cloud cover data) when 

actual PAR data are not available. PAR is the fraction of sunlight actually utilized by plants in 

photosynthesis. Output from the PCBEIS model is shown in the Appendix. These data are 

county-wide emissions and must be apportioned down for the Sunland Park nonattainment area. 

Table 2.8-B. County-wide biogenic emissions for Doña Ana County within a 24 hour period 

(output from PCBEIS model). 

Units Isoprene Monoterpenes Other VOC NO 

kg 9121.94 21,834.54 16,654.41 9095.21 

Lbs 20,159.487 48,254.333 36,806.246 20,100.414 

tons 10.08 24.13 18.40 10.05 

The Sunland Park nonattainment area is approximately 42 square miles in area. This area can be 

divided into the following two portions: 1) the northern (narrower) portion, running from the 

north boundary at latitude 32° 00' southwards to about latitude 31° 49', is 3.5 miles wide by 6.25 

miles high = 21.88 sq. miles; and 2) the southern (wider) portion, running from 31° 49' 

southwards to the Mexico border, is about 8 miles wide by 2.5 miles high = 20.00 sq. miles). 

Next, dividing 42 sq. miles by 3804 total square miles within Dona Ana County makes the 

nonattainment area only 1.10% of the county-wide area. 

Finally, taking 1.10% of the emission figures in the table above results in the following 

emissions for the Sunland Park nonattainment area (per day): 

Isoprene: 0.111 tons 

Monoterpenes: 0.265 tons 

Other VOC: 0.202 tons 

NO: 0.110 tons 

All VOC emissions (isoprene + monoterpenes + other VOC) are 0.578 tons/day. 

Assuming no emissions or insignificant emissions during cooler dormant seasons of the year, 

(assumed to be the four months from November to February), daily emissions were multiplied by 
78 

240 days (the 8 months from March to October) resulting in the following annual emissions: 

VOC: 138.72 tons/yr 

NO: 26.40 tons/yr 
79 

 SECTION 2.9 - SOURCES EMITTING ≥ 25 TONS OF NOx OR VOC. 

Section 182(a) of the 1990 Clean Air Act Amendments (CAAA) describes requirements for 

marginal ozone nonattainment areas. Under Section 182(a)(3)(B)(i) are requirements that 

owners or operators of stationary sources of NOx and VOC, located within the nonattainment 

area, must submit statements of actual emissions to the state (i.e. New Mexico in this case) 

within 3 years of area designation. This means that these statements will be due to the New 

Mexico Environment Department on July 12, 1998. These requirements are also spelled out in 

the Federal Register notice, dated June 12, 1995, that designated the Sunland Park area as a 

marginal ozone nonattainment area. These emission statements will have to be submitted 

annually thereafter. Section 182(a)(3)(B)(ii) states that these requirements may be waived for 

sources emitting less than 25 tons per year of NOx or VOC if the state estimates emissions from 

such sources using factors established by the administrator (i.e. U.S. EPA). The State of New 

Mexico will waive these requirements for NOx and VOC sources emitting less than 25 tons. 

New Mexico also reserves the right to request sources emitting between 10 and 25 tons of NOx 

or VOC to submit annual reports. This is because New Mexico currently has an emissions 

inventory rule (20 NMAC 2.73) which requires sources emitting over 10 tons annually, of 

criteria pollutants, to submit reports. This inventory report is using U.S. EPA AP-42 emission 

factors and other EPA emissions guidance to calculate emissions from sources emitting less than 

25 tons. 

In addition, emission statements shall be certified by the person(s) submitting them and that they 

are accurate to the best knowledge of the person submitting the certified statements. These 

requirements have been spelled out in the amended version of to 20 NMAC 2.73 - Notification 

of Intent and Emissions Inventory Requirements, which is a component of this report revising 

the state implementation plan for New Mexico. 

In summary, stationary sources, emitting greater than 25 tons per year of NOx or VOC (as well 

as CO), that are located within the Sunland Park ozone nonattainment area, must submit actual 

emissions statements by July 12, 1998. These sources will also have to submit emissions 

statements annually thereafter. 
80 

 SECTION THREE 

 REGULATORY COMPONENT 
81 

Section 3.1 - Amended Part 73 

 Notice of Intent and Emissions Inventory Requirements

Amendments primarily dealt with the certification of emission inventory reports, more detailed 

outlining of reporting requirements, and additional requirements for sources within ozone 

nonattainment areas (Sections 301, 302, 303, and 304).

[Please see a separately attached copy of the final rule] 
82 

 Section 3.2 - Proposed Part 79 

 Permits - Nonattainment Areas

This was a one-line amendment to Section 112.C.1 setting the emissions offset limit to at least 

10% (1:1.1). 

[Please see a separately attached copy of the final rule]
83 

 SECTION FOUR 

 WAIVERS 
84 

 SECTION FOUR - WAIVERS UNDER SECTIONS 179B AND 182(f) 

 OF THE CLEAN AIR ACT

Request of a Section 179B Waiver for the Sunland Park Ozone Nonattainment Area

When an area is designated as nonattainment it has a set amount of time in which to attain the 

standard. The more “serious” the classification of the area the longer the time allowed to attain 

the standard. The classifications are (from least serious to most serious): marginal (e.g. Sunland 

Park, NM), moderate, serious (e.g. El Paso, TX), severe, and extreme (e.g. Los Angeles, CA). 

These classifications and the time periods allowed for attaining the standards are found in 

Section 181 of the Clean Air Act. Sunland Park, classified as a marginal nonattainment area has 

three years after designation to attain the standard. Since the designation became official on July 

12, 1995 the attainment date is then July 12, 1998. If an area does not attain the standard within 

the required time period it is automatically reclassified to the next worst level. Hence, if Sunland 

Park does not attain the standard by July 12, 1998 it will then become a moderate nonattainment 

area and become subject to many more regulatory oversight programs (e.g. a vehicle inspection 

and maintenance program). 

Section 179B of the Clean Air Act is entitled “International Border Areas.” The language in this 

section was first written as Section 818 of the 1990 Clean Air Act Amendments, prior to its 

incorporation into the main body of the air act. Hence, this waiver is also often referred to as a 

Section 818 waiver. Section 179B(a) states that if a state implementation plan or plan revision 

meets all federal (i.e. U.S. EPA) requirements under the Clean Air Act and such state 

demonstrates to EPA that the plan would be “adequate to attain and maintain the relevant 

national ambient air quality standards by the attainment date specified.......but for emissions 

emanating from outside the United States” then such plan shall be approved. In other words, if it 

can be demonstrated that Sunland Park would be in attainment of the ozone standard if not for 

emissions from outside the U.S. (e.g. Juarez, Mexico) then it would not get reclassified to a 

moderate status and avoid the additional regulatory requirements. 

In order to make such a demonstration, emissions budgets for both Sunland Park and Juarez, 

Mexico would have to be compared and air movement patterns would have to be examined. 

Through computer based air quality modeling programs, these emissions budgets and air 

movement patterns would be used to examine contributions to ambient air concentrations 

occurring within Sunland Park. This is a very large task. The Texas Natural Resource 

Conservation Commission (TNRCC) has performed such modeling and analysis for the El Paso, 

Texas serious ozone nonattainment area. The TNRCC used urban airshed modeling (UAM) for 

this demonstration. Since emissions data for Juarez, Mexico were lacking, they used U.S. 

sources only. Taking into consideration their required 15% rate of progress (ROP) emission 

reductions and projecting to the year 1996, they were able to show that they would be in 

attainment, but for emissions emanating from Juarez. The New Mexico counties of Dona Ana 

and Otero were included in this modeling. The state of Texas prepared a report and applied for a 

Section 179B (Section 818) waiver in July, 1994 and review by EPA is still in progress. Since 

Sunland Park has technically been considered a component of the El Paso metropolitan area and 

has already been included in modeling efforts, it is logical that a Section 179B waiver, if 
85 

formally granted to El Paso, should likewise be granted to Sunland Park. Hence, New Mexico is 

requesting of EPA that the modeling work used for the 179B waiver, that El Paso has already 

applied for, be used to demonstrate that Sunland Park, New Mexico would be in attainment of 

the ozone NAAQS but for emissions from Juarez, Mexico. 

The appropriateness of a Section 179B waiver for Sunland Park is apparent and logical based not 

only on the air quality modeling performed by TNRCC, but also on data presented within the 

emissions inventory report in Section Two of this SIP revision. Sunland Park's significantly 

lower population and lower total overall emissions as compared to El Paso, Texas should make 

such a waiver logical and reasonable. New Mexico understands that air modeling in the El 

Paso/Juarez/Sunland Park area is an ongoing process. New Mexico is committed to supporting 

efforts to continue such area-wide modeling and to gathering necessary data to run these models. 

Request of a Section 182(f) Waiver for the Sunland Park Ozone Nonattainment Area

Under this Section of the Clean Air Act, requirements to reduce NOx emissions can be waived if 

it can be shown that net air quality benefits are greater in the absence of reductions. In other 

words, such reductions would not improve air quality or aid in attaining the standard. This 

waiver is not connected to being reclassified to a more serious nonattainment level but does give 

some regulatory relief for major stationary sources (emitting 100 tons/year or more) and relief 

for federally funded projects (under the general and transportation conformity regulations). 

Since Sunland Park is a marginal nonattainment area, with no special NOx reductions required at 

this time, this waiver may have more benefit regarding road building projects. Under the 

conformity rules road projects must pass a “build/no build” test. Apparently it can be difficult to 

pass this test for both NOx and VOC. 

As with a Section 179B waiver, a 182(f) waiver can only be granted after extensive air quality 

modeling has been conducted to demonstrate that controls of NOx would not attain the standard. 

 TNRCC used UAM modeling for this waiver as well and showed that VOC reductions alone 

would achieve attainment (exclusive of emissions from Juarez). TNRCC’s application for this 

waiver was conditionally granted on November 21, 1994. EPA review of this application is ongoing. Again, Sunland Park is a natural extension of the El Paso metropolitan area and it does 

not make a lot of sense for Sunland Park to be modeled independently from El Paso. The State 

of New Mexico also requests of EPA that modeling data used for the El Paso NOx waiver be 

used to demonstrate that NOx controls and reductions would not improve air quality or aid in 

attaining the ozone standard in Sunland Park. 
86 

 SECTION FIVE 

REFERENCES AND APPENDICES
87 

SECTION 5.1 - REFERENCES 

U.S. EPA Documents

Emissions Inventory Requirements for Ozone State Implementation Plans. U.S. EPA-OAQPS. 

EPA-450/4-91- 010. March 1991. 

Procedures for the Preparation of Emission Inventories for Carbon Monoxide and Precursors of 

Ozone. Volume I: General Guidance for Stationary Sources. U.S. EPA - OAQPS. EPA - 450/4 -91 - 

016. May 1991. 

AP-42. Compilation of Air Pollutant Emission Factors. Volume I: Stationary Point and Area 

Sources. U.S. EPA-OAQPS. 5th edition, January 1995. 

Introduction to Area Source Emission Inventory Development ( Vol. III, Chapter I). STAPPA - 

ALAPCO - EPA Emissions Inventory Improvement Program. Radian International LLC. External 

draft, March 1996. 

Architectural Surface Coating (Vol. III, Chapter 3). STAPPA - ALAPCO - EPA Emissions 

Inventory Improvement Program. Radian Corporation. Final draft, November 1995. 

Consumer and Commercial Solvent Use (Vol. IV, Chapter 5). STAPPA -ALAPCO - EPA Emission 

Inventory Improvement Program. Radian Corporation. Second draft, September 1995. 

Procedures for Emission Inventory Preparation. Volume IV: Mobile Sources. U.S. EPA 

OAR/OMS/OAQPS. EPA - 450/4 -81- 026d (revised 1992). 

Example Documentation Report for 1990 Base Year Ozone and Carbon Monoxide State 

Implementation Plane Emission Inventories. U.S. EPA - OAQPS. EPA - 450/4 - 92 -007. March 

1992. 

Guidelines for Estimating and Applying Rule Effectiveness for Ozone/CO State Implementation 

Plan Base Year Inventories. U.S. EPA - OAQPS. EPA - 452/R - 92 - 010. November 1992. 

User’s Guide to the Personal Computer Version of the Biogenic Emissions Inventory System 

(PC-BEIS 2). By Terri L. Birth, Computer Sciences Corporation for U.S. EPA - ORD. (No date -

downloaded from U.S. EPA CHIEF BBS in 1996). 

Federal Register and Documents Regarding Federal Law

Clean Air Act. Law and Explanation. CCH Editorial Staff Publication. CCH Incorporated, 

Chicago, IL. 1990. 
88 

Designation of Area for Air Quality Planning Purposes; New Mexico; Designation of Sunland 

Park Ozone Nonattainment Area. Federal Register, Vol. 69, No. 112, pp.30789 - 30791. June 12, 

1995. 

Designation of Area for Air Quality Planning Purposes; New Mexico; Designation of Sunland 

Park Ozone Nonattainment Area (correction to final rule). Federal Register, Vol. 60, No. 194, 

pp. 52336-52337. October 6, 1995. 

References Regarding New Mexico Data

Air Quality Bureau Reports, 1977-1993. State of New Mexico. 

Annual Resources Report - 1996. Energy, Minerals, and Natural resources Department, State of 

New Mexico. 115 pp. 

Economic Review 1995 (for New Mexico). Sunwest Bank. 64 pp. 

New Mexico Agricultural Statistics - 1995. Department of Agriculture, State of New Mexico, 

Las Cruces. 71 pp. 

Pesticide Use in New Mexico Crop Production. L.P. Gianessi and J.E. Anderson. National 

Center for Food and Agricultural Policy. Washington, D.C. February 1995. 

Texas Documents

El Paso, Texas 1990 Base Year Ozone Emissions Inventory. Texas Air Control Board. Final 

Submittal, November 1992. 

El Paso Ozone Nonattainment Area 818 Demonstration Report. Texas Natural Resource 

Conservation Commission. July 1994. 

Petition for Section 182 (f) Exemption from NOx RACT Requirements for the El Paso Ozone 

Nonattainment Area. Texas Natural Resource Conservation Commission. June 17, 1994. 

Development of Emission Estimates for the Conformity Analysis of the El Paso FY-94 TIP. 

Texas Transportation Institute, Texas A&M University, College Station, TX. Research Report 

1375-2, July 1994. In cooperation with the Federal Highway Administration and the Texas 

Department of Transportation. 

Mobile 5 modeling input and output data (POLFAC5A, PREPIN, IMPSUM, and SUMALL) 

from the Texas Transportation Institute for both the El Paso ozone nonattainment area and the 
89 

Sunland Park ozone nonattainment area. Computer printouts (several hundred pages) dated May 

15, 1997. 

Miscellaneous Documents

Basic Guide to Pesticides: Their Characteristics and Hazards. Shirley A. Briggs. Rachel Carson 

Council. Taylor and Francis Publishers. 1992. 283 pp. 

Environmental Report: Union Pacific Railroad Company/Southern Pacific Railroad Company 

Merger. Six Parts. Prepared by: Dames & Moore, 1701 Golf Rd., Suite 1000, Rolling 

Meadows, IL 60008. Before the Interstate Commerce Commission, Docket #32760. November 

30, 1995. 

The Merck Index, 11th edition. Susan Budavari, editor. Merck and Co. Inc. 1989. 

U.S. Census Bureau. 1990 U.S. Census Data. http://venus.census.gov/cdrom/lookup 
90 

 Sunland Park 1995 Base Year Ozone Emission Inventory 

 SECTION 5.2 - APPENDICES

These data are arranged in the same sequence of topics as presented in the body of this report. 

The purpose of this section is to supply supporting information beyond what is included in the 

Reference section. 

A. Demographic data 

B. Ozone data 

C. Inventory questionnaire 

D. Point source data 

E. Area source information and data 

F. On-road mobile sources 

G. Non-road mobile sources 

H. Biogenic supporting data 

[The Appendix is attached as a separate document and is only available 

as a hard copy] 
Appendix D: 

Environment Protection Agency's Federal Register Notice for the Approval of the 

State Implementation Plan For Sunland Park and NOx Waiver, 

February 8, 2002 
Approval of Revision to State Implementation 

Plan; New Mexico; Dona Ana County State 

Implementation Plan for Ozone; Emission 

Inventory; Permits; Approval of Waiver of 

Nitrogen Oxides Control Requirements; Volatile 

Organic Compounds, Nitrogen Oxides, Ozone 

[Federal Register: February 8, 2002 (Volume 67, Number 27)] 

[Rules and Regulations] 

[Page 6147-6152] 

From the Federal Register Online via GPO Access 

[wais.access.gpo.gov] 

[DOCID:fr08fe02-25] 

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ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[NM-36-1-7372a; FRL-7140-4] 

 

Approval of Revision to State Implementation Plan; New Mexico; 

Dona Ana County State Implementation Plan for Ozone; Emission 

Inventory; Permits; Approval of Waiver of Nitrogen Oxides Control 

Requirements; Volatile Organic Compounds, Nitrogen Oxides, Ozone 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Direct final rule. 

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SUMMARY: The EPA is providing direct final approval of the New 

Mexico State Implementation Plan (SIP) for the Dona Ana County ozone 

nonattainment area. The area was designated nonattainment for ozone 

and classified as ``marginal'' in 1995. New Mexico submitted its SIP 

for the Dona Ana County area in 1997, requesting approval of the 

SIP, and requesting approval of a waiver of nitrogen oxides (NOX) 

requirements contained in section 182(f) of the Clean Air Act, as 

amended in 1990 (the Act). With this action the EPA is providing 

direct final approval of the Dona Ana County nonattainment area SIP 

and waiver of NOX requirements. The waiver for NOX requirements is 

granted because the area has attained the one-hour ozone standard 

without them, within the deadline prescribed by the Act. 
DATES: This direct final rule will become effective on April 9, 2002 

without further notice unless the EPA receives adverse comments by 

March 11, 2002. Should the EPA receive such comments, it will 

publish a timely document in the Federal Register withdrawing this 

rule and informing the public that this rule will not take effect. 

ADDRESSES: Written comments on this action should be addressed to 

Mr. Thomas H. Diggs, Chief, Air Planning Section (6PD-L), at the EPA 

Region 6 Office listed below. Copies of documents relevant to this 

action are available for public inspection during normal business 

hours at the following locations. Anyone wanting to examine these 

documents should make an appointment with the appropriate office at 

least two working days in advance. 

 Environmental Protection Agency, Region 6, Air Planning Section 

(6PD-L), 1445 Ross Avenue, Dallas, Texas 75202-2733. 

 New Mexico Environment Depart, Air Quality Bureau, 1190 St. 

Francis Drive, Santa Fe, New Mexico 87502. 

FOR FURTHER INFORMATION CONTACT: Mr. Matthew Witosky, Air Planning 

Section (6PD-L), Multimedia Planning and Permitting Division, EPA 

Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone 

(214) 665-7214, electronic mail WITOSKY.MATTHEW@EPA.GOV

SUPPLEMENTARY INFORMATION: 

I. Background 

 Throughout this document, the EPA uses the word ``we,'' ``us,'' 

or ``our,'' to mean the EPA. The information in this section is 

organized as follows. 

 1. What action is the EPA taking today? 

 2. Why is this necessary? 

 3. What part of New Mexico is affected? 

 4. What part of the SIP is being approved? 

 a. Emission inventory (EI). 

 b. Emission Certification Statement in Emission Reports. 

 c. NSR permit program for the construction and operation of new 

and modified major stationary sources of VOC (section 172(c)(5) of 

the Act) 

 5. Does the SIP submitted contain a motor vehicle emissions 

budget for on-road emissions of volatile organic compounds (VOC's) 

for transportation conformity purposes? 

 6. What is a waiver of NOX control requirements? 

 7. Why is the Dona Ana County area being granted a 

NOX waiver? 

 8. How long is the waiver of NOX requirements valid? 

 9. What process did the State use to approve the SIP and the 

NOX waiver? 

 10. Did EPA make an exception for Dona Ana County under section 

179B(a) of the Act, because the area borders Mexico? 

II. Final Action 

III. Administrative Requirements 

I. Background 
1. What Action is the EPA Taking Today? 

 EPA is approving a revision to the New Mexico SIP, for the Dona 

Ana County (marginal) ozone nonattainment area. A portion of Dona 

Ana County was designated nonattainment for the National Ambient Air 

Quality Standards (NAAQS) for ozone (see 40 CFR 81.332). The SIP 

contains four elements that were adopted by the State to meet the 

requirements of the Act. EPA is approving three of these elements in

this action. The fourth element, revisions to the transportation 

conformity rule, (see 65 FR 14873) was approved March 20, 2000. By 

approving these final three elements, the EPA is approving the Dona 

Ana County SIP. With final approval of this action, the State has 

met all the requirements that apply to Dona Ana county under the 

one-hour ozone standard. The EPA is also approving a waiver of NOX

control requirements established under section 182(f); the authority 

for EPA to waive these requirements is likewise under section 

182(f). 

2. Why is This Necessary? 

 The EPA designated the area as nonattainment, and classified it 

as ``marginal'' due to violations of the ozone standard during 1993, 

1994, and 1995 (see 60 FR 30789, June 12, 1995). That action imposed 

certain requirements under the Act to reduce pollution in order to 

bring the area back into attainment of the ozone standard. New 

Mexico has adopted the appropriate regulations, submitted them to 

EPA for review and approval, and implemented them. Under the Act, 

the EPA must approve these regulations and other actions into the 

existing federally-approved State Implementation Plan (SIP), to make 

them federally enforceable. 

3. What part of New Mexico is Affected? 

 The Dona Ana County nonattainment area encompasses the community 

of Sunland Park, and several smaller communities adjacent to El 

Paso, Texas, and Ciudad Juarez, Mexico. (See 40 CFR 81.332) 

4. What Part of the SIP is Being Approved? 

 The Dona Ana County SIP constitutes a revision to New Mexico's 

overall SIP, adopted prior to the 1990 Amendments to the Act. The 

Dona Ana County SIP is made up of four components, three of which 

the EPA will approve in this action. 

 a. Emission inventory (EI), 

 b. Emission Certification Statement, 

 c. Revisions to new source review (NSR), The fourth component, 

Revisions to the transportation conformity rule, was approved in a 

previous action (see 65 FR 14873, March 20, 2000). 

a. Emission Inventory (EI) 

 New Mexico completed a comprehensive, accurate, and current 

inventory of actual emissions from all sources of relevant 

pollutants in the nonattainment area. The State used 1995 as the 

base year for the inventory, using a three-month ozone season of 

August through October, 1995. Stationary point sources, area 

sources, on-road mobile sources, non-road mobile sources, and 

biogenic sources of ozone precursors, VOC's and NOX were included in 

the inventory. The New Mexico Environment Department (NMED) included 
stationary sources with emissions greater than 100 tons per year 

(tpy) within a 25-mile range of the nonattainment area. 

 For a listing of the ozone peak season daily emissions estimates 

by source category, please see the docket file for this rulemaking 

action. 

 EPA reviewed the emissions inventory submitted by the State, and

the methodology used to generate it. EPA verified that the State 

followed EPA's emission inventory guidance in developing the 

inventory. Please see the docket file for more information on the 

inventory. 

 For calendar year 1998 and for each three-year period thereafter 

(until the area is redesignated to attainment), NMED will be 

required to submit to EPA a revised inventory meeting the 

requirements of sections 182(a)(1) and 182(a)(3) of the CAA. 

b. Emission Certification Statement in Emission Reports 

 Section 182(a) of the Act requires that States insert an 

emission certification requirement into their regulations. That 

means the owner or operator of each stationary source of NOX or VOC 

must provide the State with a written report tallying the actual 

emissions of NOX and VOC from that source. The first such reports 

had to be submitted to the State within three years after the 

effective date of the final action establishing the nonattainment 

designation, July 12, 1998. 

 Subsequent reports must be submitted at least every year 

thereafter. All reports must contain a certification that the 

information submitted is accurate to the best knowledge of the 

individual certifying the statement. 

 New Mexico revised 20 NMAC, chapter 2, part 73, to meet these 

requirements. Subpart III, sections 300 to 304, contain the detailed

reporting requirements for sources affected by the regulation. These

sections will be incorporated by reference into the approved SIP. 

See the docket file for the actual text of the regulation. 

c. NSR Permit Program for the Construction and Operation of New and 

Modified Major Stationary Sources of VOC (section 172(c)(5) of the 

Act) 

 Prior to designation as nonattainment, New Mexico operated an 

air permit program in Dona Ana County, under New Mexico Air Code 

(NMAC) part 72--Construction Permits and part 74--Prevention of 

Significant Deterioration (see generally the Act, sections 110(a) 

(2)(c) and sections 160-169). After designation to nonattainment, 

new major sources and major modifications of VOC sources in the 

nonattainment area of Dona Ana County were required \1\ to be 

permitted under part 79--Permits-Nonattainment areas, under revised 

20 NMAC, chapter 2, part 79, section 112.C.1, to meet the marginal 

nonattainment offset requirements of section 182 (a)(4). Section 

112.C.1 sets the ratio of offsets required of new or modified 

sources in such areas. Subsequent sections outline the procedure for 

calculating the baseline from which offsets will be obtained, how to 

calculate actual offset emissions, and how to bank them. Section 

112.C.1 will be incorporated by reference into the approved SIP. See 

the docket file for the actual text of the regulation. 

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 \1\ See generally 172(c)(5) and 173(c). New major sources and 

major modifications which increase emissions of pollutants other 

than VOC continue to be subject to the permitting requirements under 
part 74. New and modified sources which are not major under part 74 

and part 79 continue to be subject to the permitting requirements 

under part 72. 

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5. Does the SIP Submitted Contain a Motor Vehicle Emissions Budget 

for On-Road Emissions of Volatile Organic Compounds (VOC's) for 

Transportation Conformity Purposes? 

 The SIP submitted by the State does not contain an MVEB. 

Although the area is subject to the transportation conformity 

requirements, as are all nonattainment and maintenance areas, the 

State has directed the planning agency responsible for 

transportation planning in Sunland Park to perform all necessary 

conformity analyses using the build/no-build test (see 40 CFR 

93.119). The El Paso Metropolitan Planning Organization is the 

agency that currently performs this analysis for the Sunland Park 

area. The build/no-build test is an acceptable method to meet the 

transportation conformity requirements under 40 CFR 93.109(c)(4)(i).

6. What is a waiver of NOX Control Requirements? 

 Under the Act, marginal and certain other ozone nonattainment 

areas are required to control NOX emissions, as well as VOC 

emissions, the two main precursors for ozone. However, some areas 

can forego the additional control of NOX, and still attain the 

standard. Still other areas have shown that NOX reductions in their 

areas do not reduce ozone concentrations. For these areas, the 

EPA is allowed to waive the control requirements on NOX by 

rulemaking action. This is called a NOX waiver rule (See generally 

182(f) and the NOX preamble, 57 FR 55620, November 25, 1992). 

7. Why is Dona Ana County Being Granted a NOX Waiver? 

 The State requested a NOX waiver when they submitted their SIP 

in 1997. The area is being given a NOX waiver because the area has 

attained the standard by relying on reductions of only VOC 

emissions. Under the provisions of section 182(f), the EPA 

Administrator may waive the NOX requirements because additional 

reductions would not contribute to attainment of the one-hour ozone 

standard (see 182(f)(A)). The EPA has sufficient data proving the 

area is monitoring attainment. Any NOX reductions that would 

otherwise be required under section 182, would be beyond the 

reductions needed for attainment. Hence, the EPA is honoring the 

State's request for a waiver of the NOX requirements. Doing so does 

not affect the requirements for control of VOC's. The State has not 

requested that EPA redesignate the area to attainment at this time. 

 In the case of Dona Ana County, which is classified marginal for 

ozone, granting its request will waive requirements applicable under 

the Act; NOX requirements under the nonattainment new source review 

program, including offsets; the NOX requirements of general 

conformity, as well as the NOX requirements of the build/no-build 

provisions of the transportation conformity rules. For 

transportation conformity, see 58 FR 62188 published on November 24, 

1993, as amended, and 60 FR 44790, and 44794 of August 29, 1995. See

also 59 FR 31238 published June 17, 1994. For general conformity, 

see 58 FR 63214 published on November 30, 1993, and 59 FR 31239, 
June 17, 1994. 

8. How Long is the Waiver of NOX Requirements Valid? 

 The EPA believes that all waivers of section 182(f) requirements

that are approved, should be approved only on a contingent basis. If 

the area exceeds the one-hour ozone standard in the future, the EPA 

would re-evaluate all available data and modeling to determine the 

continuing validity of our decision to grant the NOX waiver. 

An exceedence of the standard, in and of itself, would not compel 

EPA to rescind the waiver. That said, compelling air quality data or

modeling evidence that reductions in NOX would reduce the number or 

severity of ozone violations in the Dona Ana County area, would be 

justification to rescind the waiver. 

9. What Process did the State use to Approve the SIP and the 

NOX Waiver? 

 Under the authority of section 107(d)(3) of the Act, the EPA 

designated the area as a marginal ozone nonattainment area on June 

12, 1995 (see 60 FR 30789, June 12, 1995). The Act requires states 

to observe certain procedural requirements in developing 

implementation plans and plan revisions for submission to EPA in 

response to such a designation. Section 110(a)(2) of the Act 

provides that each implementation plan submitted by a State must be 

adopted after reasonable notice and public hearing. See also section 

110(l) of the Act. Also, EPA must determine whether a submittal is 

complete and, therefore, warrants further EPA review and action. See

section 110(k)(1) and 57 FR 13565. EPA's completeness criteria for 

SIP submittals are set out at 40 CFR part 51. 

 The SIP package was received on October 8, 1997. The submittal 

included a Governor's letter dated September 24, 1997, a 

certification of public hearing with the hearing record, and copies 

of the rules adopted to fulfill the requirements of the Act. The 

certificate of public hearing showed that public hearings were held 

on July 11, 1997, to entertain public comment on a revision of the 

SIP. Following the public hearing, this revision was adopted by the 

State on August 8, 1997, and submitted to the EPA as a proposed 

revision to the SIP. This submittal is necessary to satisfy the 

requirements of sections 182(a) and 179B of the Act. The State 

adopted the request for a NOX waiver and the SIP at the same time, 

and submitted them together. 

 The SIP revision was reviewed by EPA to determine completeness, 

in accordance with the completeness criteria referenced above. A 

letter dated December 24, 1997, was forwarded to the Governor 

indicating the SIP was complete. This direct rulemaking notice would 

constitute final action by EPA to approve the SIP and NOX waiver 

submissions. 

10. Did EPA make an exception for Dona Ana County Under Section 

179B(a) of the Act, Because the Area Borders Mexico? 

 EPA does not have to justify its approval of the SIP under 

section 179B, because the area is monitoring attainment and has met 

the other applicable nonattainment requirements of the Act. 

 Section 179B(a)(2) of the Act contains provisions under which 

EPA can approve SIP revisions that meet all the applicable 
requirements for a nonattainment area, even though the area has not 

achieved attainment. In doing so, EPA must have evidence that the 

failure to attain the standard is due to the contribution of 

emissions originating from outside the United States. 

 In addition to authorizing waivers of the requirement to 

demonstrate attainment, section 179B(a) also allows an area affected 

by emissions from outside the United States to avoid being 

reclassified or ``bumped up'' to the next higher classification 

because of its inability to demonstrate attainment. Without such a 

waiver, the area would be compelled to implement more rigorous 

control requirements. The EPA has granted such approvals in cases 

that demonstrate the area would be in attainment of a standard, but 

for emissions from outside the United States. For example, this was 

done for El Paso, in approving their PM-10 SIP (see 59 FR 2532, 

January 19, 1994). 

 When New Mexico submitted the Dona Ana County SIP to the EPA, 

the area had not yet attained the one-hour ozone standard. Since 

that time, the area has attained the standard, by accumulating three 

consecutive years of quality-assured ambient air data showing no 

violations of the standard. The most recent data provided by the 

State of New Mexico, available through the EPA Aerometric 

Information and Retrieval Service (AIRS) demonstrates that the area 

continues to attain the one-hour standard. New Mexico has recorded 

three consecutive years of valid data in the area showing that ozone 

readings meet the standard. 

 Since the area has been able to demonstrate it is attaining the 

one-hour ozone standard, EPA does not need to use the flexibility 

allowed under section 179B at this time. Similarly, because the area 

is now attaining the ozone NAAQS, the provisions of section 179B are 

not needed to insulate the area from the possibility of 

reclassification. However, the State has provided EPA with evidence 

indicating that the nonattainment area is influenced by ozone 

precursor emissions from El Paso, Texas, and Ciudad Juarez, Mexico--

a much larger metropolitan region that continues to suffer ozone 

exceedences. The State is concerned that these other areas could 

affect air quality in the Dona Ana County nonattainment area in the 

future and interfere with its current attainment status. Indeed, 

because the potential for the area to fall out of attainment due to 

pollution impacts from these adjoining areas cannot be discounted, 

the State has informed the EPA that it does not intend to seek to 

formally redesignate the Dona Ana County nonattainment area to 

attainment under section 107(d)(3)(e) at this time. 

 Since the situation envisioned by Congress when it enacted 

section 179B is not now occurring in the Dona Ana County 

nonattainment area, there is no basis for the EPA to evaluate and/or 

make a determination at this time regarding the applicability of 

that section. If the State's fears about the impact of regional 

emissions are subsequently realized, and ozone concentrations 

violate the standard, the State will need to analyze and submit any 

air quality information available in support of their approved SIP 

and NOX waiver. This information would be necessary for the EPA to 

apply 179B of the Act in this context. 

II. Final Action 

 The EPA is approving New Mexico's request for approval of a 

revision to the State Implementation Plan for New Mexico. This 
revision is the implementation plan for the Dona Ana County ozone 

nonattainment area. The revision contains an inventory of actual 

emissions from all sources, a state regulation requiring that 

sources covered by the regulation certify the actual emissions of 

NOX and VOC, and a revised nonattainment new source review 

permitting program meeting the requirements of sections 172(c)(5) 

and 173 of the Act. 

 The EPA is also approving a waiver of NOX control requirements, 

because the area has attained the standard without them. 

 The EPA is publishing this rule without prior proposal because 

we view its contents as noncontroversial and anticipate no adverse 

comments, because this action approves State regulations in place at

the State level for some time, into the Federally approved SIP. 

However, in the ``Proposed Rules'' section of today's Federal 

Register publication, we are publishing a separate document that 

will serve as the proposal to approve the SIP if adverse comments 

are received. This rule will be effective on April 9, 2002 without 

further notice unless we receive adverse comment by March 11, 2002. 

If EPA receives adverse comments, we will publish a timely 

withdrawal in the Federal Register informing the public that the 

rule will not take effect. We will address all public comments in a 

subsequent final rule based on the proposed rule. We will not 

institute a second comment period on this action. Any parties 

interested in commenting must do so at this time. 

III. Administrative Requirements 

A. Executive Order 12866 

 The Office of Management and Budget (OMB) has exempted this 

regulatory action from Executive Order 12866, entitled ``Regulatory 

Planning and Review.'' 

B. Executive Order 13045 

 Protection of Children from Environmental Health Risks and 

Safety Risks (62 FR 19885, April 23, 1997), applies to any rule 

that: (1) Is determined to be ``economically significant'' as 

defined under Executive Order 12866, and (2) concerns an 

environmental health or safety risk that EPA has reason to believe 

may have a disproportionate effect on children. If the regulatory 

action meets both criteria, the Agency must evaluate the 

environmental health or safety effects of the planned rule on 

children, and explain why the planned regulation is preferable to 

other potentially effective and reasonably feasible alternatives 

considered by the Agency. 

 This rule is not subject to Executive Order 13045 because it 

does not involve decisions intended to mitigate environmental health 

or safety risks. 

C. Executive Order 13132 

 Federalism (64 FR 43255, August 10, 1999) revokes and replaces 

Executive Orders 12612 (Federalism) and 12875 (Enhancing the 

Intergovernmental Partnership). Executive Order 13132 requires EPA 

to develop an accountable process to ensure ``meaningful and timely 

input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 

federalism implications'' is defined in the Executive Order to 

include regulations that have ``substantial direct effects on the 

States, on the relationship between the national government and the 

States, or on the distribution of power and responsibilities among 

the various levels of government.'' Under Executive Order 13132, EPA 

may not issue a regulation that has federalism implications, that 

imposes substantial direct compliance costs, and that is not 

required by statute, unless the Federal government provides the 

funds necessary to pay the direct compliance costs incurred by State 

and local governments, or EPA consults with State and local 

officials early in the process of developing the proposed 

regulation. EPA also may not issue a regulation that has federalism 

implications and that preempts State law unless the Agency consults 

with State and local officials early in the process of developing 

the proposed regulation. 

 This rule will not have substantial direct effects on the 

States, on the relationship between the national government and the 

States, or on the distribution of power and responsibilities among 

the various levels of government, as specified in Executive Order 

13132, because it merely approves a state rule implementing a 

federal standard, and does not alter the relationship or the 

distribution of power and responsibilities established in the Clean 

Air Act. Thus, the requirements of section 6 of the Executive Order 

do not apply to this rule. 

D. Executive Order 13175 

 This final rule does not have tribal implications. It will not 

have substantial direct effects on tribal governments, on the 

relationship between the Federal government and Indian tribes, or on 

the distribution of power and responsibilities between the Federal 

government and Indian tribes, as specified in Executive Order 13175. 

Thus, Executive Order 13175 does not apply to this rule. 

E. Executive Order 13211 

 This rule is not subject to Executive Order 13211, ``Actions 

Concerning Regulations That Significantly Affect Energy Supply, 

Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not 

a significant regulatory action under Executive Order 12866. 

F. Regulatory Flexibility 

 The Regulatory Flexibility Act (RFA) generally requires an 

agency to conduct a regulatory flexibility analysis of any rule 

subject to notice and comment rulemaking requirements unless the 

agency certifies that the rule will not have a significant economic 

impact on a substantial number of small entities. Small entities 

include small businesses, small not-for-profit enterprises, and 

small governmental jurisdictions. 

 This rule will not have a significant impact on a substantial 

number of small entities because SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act do not create any new 

requirements but simply approve requirements that the State is 

already imposing. Therefore, because the Federal SIP approval does 

not create any new requirements, I certify that this action will not 
have a significant economic impact on a substantial number of small 

entities. Moreover, due to the nature of the Federal-State 

relationship under the Clean Air Act, preparation of flexibility 

analysis would constitute Federal inquiry into the economic 

reasonableness of state action. The Clean Air Act forbids EPA to 

base its actions concerning SIPs on such grounds. Union Electric 

Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

G. Unfunded Mandates 

 Under sections 202 of the Unfunded Mandates Reform Act of 1995 

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 

must prepare a budgetary impact statement to accompany any proposed 

or final rule that includes a Federal mandate that may result in 

estimated costs to State, local, or tribal governments in the 

aggregate; or to the private sector, of $100 million or more. Under 

section 205, EPA must select the most cost-effective and least 

burdensome alternative that achieves the objectives of the rule and 

is consistent with statutory requirements. Section 203 requires EPA 

to establish a plan for informing and advising any small governments 

that may be significantly or uniquely impacted by the rule. 

 EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves 

pre-existing requirements under State or local law, and imposes no 

new requirements. Accordingly, no additional costs to State, local, 

or tribal governments, or to the private sector, result from this 

action. 

H. Submission to Congress and the Comptroller General 

 The Congressional Review Act, 5 U.S.C. 801 et seq., as added by 

the Small Business Regulatory Enforcement Fairness Act of 1996, 

generally provides that before a rule may take effect, the agency 

promulgating the rule must submit a rule report, which includes a 

copy of the rule, to each House of the Congress and to the 

Comptroller General of the United States. EPA will submit a report 

containing this rule and other required information to the U.S. 

Senate, the U.S. House of Representatives, and the Comptroller 

General of the United States prior to publication of the rule in the 

Federal Register. A major rule cannot take effect until 60 days 

after it is published in the Federal Register. This action is not a 

``major rule'' as defined by 5 U.S.C. 804(2). This rule will be 

effective April 9, 2002 unless EPA receives adverse written comments 

by March 11, 2002. 

I. National Technology Transfer and Advancement Act 

 Section 12 of the National Technology Transfer and Advancement 

Act (NTTAA) of 1995 requires Federal agencies to evaluate existing 

technical standards when developing a new regulation. To comply with 

NTTAA, EPA must consider and use ``voluntary consensus standards'' 

(VCS) if available and applicable when developing programs and 

policies unless doing so would be inconsistent with applicable law 

or otherwise impractical. 

 The EPA believes that VCS are inapplicable to this action. 
Today's action does not require the public to perform activities 

conducive to the use of VCS. 

J. Petitions for Judicial Review 

 Under section 307(b)(1) of the Clean Air Act, petitions for 

judicial review of this action must be filed in the United States 

Court of Appeals for the appropriate circuit by April 9, 2002. 

Filing a petition for reconsideration by the Administrator of this 

final rule does not affect the finality of this rule for the 

purposes of judicial review nor does it extend the time within which 

a petition for judicial review may be filed, and shall not postpone 

the effectiveness of such rule or action. This action may not be 

challenged later in proceedings to enforce its requirements. (See 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

 Environmental protection, Air pollution control, Hydrocarbons, 

Incorporation by reference, Intergovernmental relations, Nitrogen 

dioxide, Volatile Organic Compounds, Ozone, Reporting and 

recordkeeping requirements. 

 Dated: February 1, 2002. 

Christine Todd Whitman, 

Administrator. 

 Part 52, chapter I, title 40 of the Code of Federal Regulations 

is amended as follows: 

PART 52--[AMENDED] 

 1. The authority citation for part 52 continues to read as 

follows: 

 Authority: 42 U.S.C. 7401 et seq. 

Subpart GG--New Mexico 

 2. Section 52.1620 is amended as follows: 

 a. In the table in paragraph (c) entitled ``EPA Approved New 

Mexico Regulations'' under the heading ``New Mexico Administrative 

Code (NMAC) Title 20--Environmental Protection Chapter 2--Air 

Quality'' by revising the entries for part 73 and part 79; 

 b. In the table in paragraph (e) entitled ``EPA Approved 

Nonregulatory Provisions and Quasi-Regulatory Measures in the New 

Mexico SIP'' by adding to the end of the table an entry entitled 

``Waiver of NOX control requirements.'' The revisions and addition 

read as follows: 

Sec. 52.1620 Identification of plan. 

* * * * * 

 (c) * * * 

 EPA Approved New Mexico 

Regulations 
--------------------------------------------------------------------

-------------------------------------------- 

 State 

 approval/ 

 State citation Title/subject effective 

EPA approval date Comments 

 date 

--------------------------------------------------------------------

-------------------------------------------- 

 New Mexico Administrative Code (NMAC) Title 20--

Environmental Protection Chapter 2--Air Quality 

--------------------------------------------------------------------

-------------------------------------------- 

* * * * 

* * 

 * 

Part 73............... Notice of Intent and 10-01-97 

[February 8, 2002 and FR 

 Emmissions Inventory page 

number]. 

 Requirements.. 

* * * * 

* * 

 * 

Part 79............... Permits--Nonattainment 10-01-97 

[February 8, 2002 and FR 

 Areas. page 

number]. 

* * * * 

* * 

 * 

--------------------------------------------------------------------

-------------------------------------------- 

 (e) * * * 

 EPA Approved Nonregulatory Provisions and QuasiRegulatory Measures in the New Mexico SIP 

--------------------------------------------------------------------

-------------------------------------------- 

 State 

 Applicable submittal/

 Name of SIP provision geographic or effective 

EPA approval date Explanation 

 nonattainment area date 

--------------------------------------------------------------------

-------------------------------------------- 

* * * * 

* * 

 * 

Waiver of NOX control Dona Ana County 10-01-97 

[February 8, 2002 

 requirements.. (part), marginal 
and FR page number]. 

 ozone nonattainment 

 area. 

--------------------------------------------------------------------

-------------------------------------------- 

[FR Doc. 02-3103 Filed 2-7-02; 8:45 am] 

BILLING CODE 6560-50-P 

 

EPA Home | Privacy and Security Notice | Contact Us 

Last updated on Thursday, February 23rd, 2006 

URL: http://www.epa.gov/EPA-AIR/2002/February/Day-08/a3103.htm 

 
Appendix E: 

Emission Inventory for Point Sources 
El Paso Electric Title V Emission Inventory 
Other voe (Non~HAPr

rormaldehyde

Hexane

r

,

[Carbon Monoxide i

:C8rbon=Monoxide~=='·

;Ethyiben~eoo==='

:~idr~flU~ri~.~~ld;.rHYdrogenftuorlde' ;NIirog-eo"'-Dioxlde-- ----- . "0""._- -_.-.---.---~---~._-,--

:Nifrogen

:~~rticql~te.~~~=i(t~t~I_~~s~_~~d~~_.

PartlcuiateMatlerT1omlcrons-6r·ies-i·-;"

'particUJate'M~tterTromTc~o;,'sorles,,;':..::t···~=----_··­

'suifurDioxide=-c-, .~=='" ''''-~=~7446-09_~5·_

$ulfurDio~le=====" -·~7446::09::5

jolue~e;(Melhyl benZene)'~108~~~=~·~ .. rrotarHAP"--·~-··---

VoiatileOr9aniCC6mpounds(\i6C)~c= .

v~lati\e=()rga~jc~o~pounds'(VOCj Xy'e-nei'~tot~'r(xyjo') .•.:J~==- ~1 ~30-20-7 __·-·~l =,~ =,-:-::-·=-~t·~~~;~~~e _,-:~:~~~~~. ':•.•_.••-: ==: c-~r--~~,=====---=r========I=-==~=~~t~~:~t '-=:__:~::~:~.:_~~ ChIOrine'~7!~2~~O':~.'-= -'-' ....

::~~~:~:~~~t'=·······-·- •• :'=:=.-= ,·3:~~~~~~_~~,,: •.=~ji··-··=-···-'=··=-···::1'p~t~rlh;:lf"'··==·="·-:1Mli~~;;"··-··-·-··='=--=··'=' '~j-'-'·_-------I------_·I--------n::~lbi~/h==····=····-·-"=''''='''-.--='=-:1

::~:~:,' ··,-····,=·-·-3~:~·~~:1~~··-:--··=.·.~· ;l=-···'·-'···-·-'·~;lF)~9~tiar--'=·='-'·"~; =':~'.,--==="'" -71(····'-..··- ··-:1pote~Har'· '·-=-:IMlnor=·' _ ,.. c,.~'~ --------.----1-----····-,.. -~I---·--RillbS/h ..'-·· "",~,-,~c,c''''''.''''''.~'-:;l

~:::~~~·::~-rH(:~)~icrons·~r·les3 -..--•.••.-

TO!a~ .~:"~ .-._:~~.• _.~=.. '.::1.. .. , c.._c. -:l=,-',C -:·iipotI9~t1<li ._·c·•.• ·-:~rvi~~ior-- ,··..·· ·..·,..···'··-:-1-··· ', .
Foamex New Source Review Permit Emission Inventory 

Appendix F: 

Title V Permits for El Paso Electric and Foamex 
El Paso Electric Title V Air Quality Permit 
BILL RICHARDSON

Governor

State ofNew Mexico

ENVIRONMENTDEPARTMENT

AIR QUALITYBUREAU

2048 Galisteo

Santa Fe, New Mexico 87505

Telephone (505) 827-1494

Fax (.505) 827-1523 RON CURRY

Secretary

DERRITH WATCHMAN-MOORE

Deputy Secretary

Certified Mail NO" 7003 05000005 1472 QllQ

Re1l1ID Receipt Requested

OPERATING PERMIT NO: P127MI-Rev

FACILITY NAME: Rio Grande Station

PERMITTEE: EI Paso Electric Company

POBox 982

EI Paso, Texas 79960

RESPONSffiLE COMPANY OFFICIAL: Hector Puente

Vice President, Power Supply

ISSUED BY: New Mexico Environment Department

i/JIL aI [Chl

MaryUhl

Acting Air Quality Bureau Chief

Date ofIssuance

INTRODUCTION

Operating Permit Number P127MI-Rev is issued by the Air Quality Bureau of the New Mexico

Environment Department ("Department") to EI Paso Electric Company pursuant to the federal Clean Air

Act ("federal Act"), the New Mexico Air Quality Control Act ("state Act") and regulations adopted

pursuant to the state and federal Acts, including Title 20, New Mexico Administrative Code, Chapter 2,

Part 70 (20.2.70 NMAC) - Operating Permits. This permit authorizes the operation of this facility

located at UTM Zone 13, UTMH 353.52 lan, UTMV 3519.66 km, on the South City Limit of Sunland

Park, New Mexico in Dona Ana County. This permit, P127Ml, supersedes Permit P127 issued January

27,2000.

This permit is valid only for the named permittee, owner, and operator. A permit modification is
BILL RICHARDSON

Goverllor

State ofNew Mexico

ENVIRONMENTDEPARTMENT

AIR QUALITYBUREAU

2048 Galisteo

Santa Fe, New Mexico 87505

Telephone (505) 827-1494

Fax (505) 827-1523 RON CURRY

Secretary

DERRITH WATCHMAN-MOORE

Deputy Secretary

Certified Mail NO" 7003 0500 0005 1472 DUO

Return Receipt ReqlJested

OPERATING PERMIT NO: P127MI-Rev

FACILITY NAME: Rio Grande Station

PERMITTEE: EI Paso Electric Company

POBox 982

EI Paso, Texas 79960

RESPONSIBLE COMPANY OFFICIAL: Hector Puente

Vice President, Power Supply

ISSUED BY: New Mexico Environment Department

MaryUhl

Acting Air Quality Bureau Chief

Date ofIssuance

INTRODUCTION

Operating Permit Number P127MI-Rev is issued by the Air Quality Bureau of the New Mexico

Environment Department ("Department") to EI Paso Electric Company pursuant to the federal Clean Air

Act ("federal Act"), the New Mexico Air Quality Control Act ("state Act") and regulations adopted

pursuant to the state and federal Acts, including Title 20, New Mexico Administrative Code, Chapter 2,

Part 70 (20.2.70 NMAC) - Operating Permits. This permit authorizes the operation of this facility

located at UTM Zone 13, UTMH 353.52 kIn, UTMV 3519.66 kIn, on the South City Limit of Sunland

Park, New Mexico in Dona Ana County. This permit, P127Ml, supersedes Permit PI27 issued January

27,2000.

This permit is valid only for the named permittee, owner, and operator. A permit modification is
Permit PI27MI-Rev

required to change any ofthose entities.

Page: 2

TIils facility is an electric power generation station. TIle major processes associated with the facility are

as follows: The facility is operated by three dry bottom, wall-fIred gas steam boilers. There are three

turbine generator units driven by high pressure, superheated stearn. Total electric power production of

the facility from these generators is 288 MW gross, and 245 MW net. The primary fuel used at this

facility is pipeline natural gas. Number 2 diesel oil is available for use as backup fuel in the event of gas

supply curtailment.

This modifIcation (PI27Ml) is a permit reopening to adjust emission limits to more accurately reflect

the potential to emit for the two operating scenarios.

This permit P127Ml supercedes permit P127, issued on January 27, 2000, and will expire January 26,

2005. Application for renewal of this permit is due twelve (12) months prior to the date of expiration,

pursuant to Paragraph 2 of Subsection B of20.2.70.300 NMAC.

Pursuant to Paragraph 1 of Subsection A of 20.2.70.302 NMAC, the Department specifIes with this

permit, terms and conditions upon the operation ofthis facility to assure compliance with all applicable

requirements, as defIned in 20.2.70 NMAC at the time this permit is issued. Pursuant to the New

Mexico Air Quality Control Act NMSA 1978, chapter 74, article 2, all terms and conditions in this

permit, including arlY provisions designed to limit this facility's potential to errilt, are enforceable by the

Department. PurSuarlt to Paragraph 5 of Subsection A of 20.2.70.302 NMAC, all terms and conditions

are enforceable by the AclmiIilstrator ofthe United States Environmental Protection Agency ("EPA") and

citizens under the federal Act, unless the term or condition is specifIcally designated in this permit as not

being enforceable under the federal Act.

PERMIT SIDELD

Pursuant to Subsection J of20.2.70.302NMAC, compliance with the conditions ofthis permit shall be

deemed to be compliance with any applicable requirements existing as ofthe date ofpennit issuance and

identifIed in Table 1 of Appendix A. The requirements in Table 1 of Appendix A are applicable to this

facility with specifIc requirements identifIed for individual emission units. Emission units with no

applicable requirements are not shown in Appendix A - Table 1.

"The Department has determined that the requirements in Table 2 of Appendix A as identifIed in the

permit application are not applicable to this source.

This permit shield does not extend to administrative amendments, to minor pemilt modifIcations, to

changes made under section 502(b)(10) ofthe federal Act, or to pemilt terms for which notice has been

given to reopen or revoke all or part.
Permit PI27MI-Rev

TOTAL POTENTIAL EMISSIONS

Page: 3

The total potential emissions from this facility, excluding insignificant or trivial activities, are shown in

the following table. Emission limitations for individual units are shown in paragraph 3.2.

Total Potential Criteria Pollutant Emissions from Entire Facility (for information only, not an

enforceable condition):

Pollutant Scenario 1: Natural Gas - Scenario 2: Oil & Gas -

Emissions (Tons I Year) Emissions (Tons I Year)

3343.7 3376.8 Nitrogen Oxides (NOx)

Carbon Monoxide (CO) 3504.0 3536.9

Sulfur Dioxide (S02) 6.7 546.8

Total Suspended Particulates (TSP) 83.4 135.7

Volatile Organic CompOlmds (VOCs) 60.4 61.1

Totals 6998.3 7657.3

Total Potential HAPS that exceed one ton per year (for information only, not an enforceable

condition):

Scenario I: Natural Gas - Scenario 2: Oil & GasPollutant Emissions (Tons I Year) Emissions (Tons I Year)

Chlorine 4.1 4.1

PERMIT TERMS AND CONDITIONS

1.0 GENERAL CONDITIONS

1.1 The following permit terms and conditions are placed upon the permittee in accordance with

Subsection B of20.2.70.301 NMAC and Paragraph 2 of Subsection A of20.2.70.302 NMAC.

1.1.1 The permittee shall abide by all terms and conditions of this permit, except as allowed under

section 502(b)(l0) ofthe federal Act. Any permit noncompliance is grOlmds for enforcement action, and

significant or repetitious noncompliance may result in termination of this permit. Additionally,

noncompliance with federally enforceable conditions ofthis permit constitutes a violation ofthe federal

Act.
Permit P127M1-Rev Page: 4

1.1.2 It shall not be a defense for the permittee in an enforcement action to claim that it would have been

necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of

this permit.

1.1.3 Ifthe Department determines that cause exists to modifY, reopen and revise, revoke and reissue, or

terminate this permit, tins shall be done in accordance with 20.2.70.405 NMAC.

1.1.4 The permittee shall furnish any information the Department requests in writing to determine if

cause exists for reopening and revising, revoking and reissuing, or terminating the permit, or to

detennine compliance with the permit. This information shall be furrnshed witlrin the time period

specified by the Department. Additionally, the permittee shall furnish, upon request by the Department,

copies ofrecords required by the permit to be maintained by the permittee.

1.1.5 A request by the permittee that tills permit be modified, revoked and reissued, or terminated, or a

notification by the permittee of planned changes or anticipated noncompliance, shall not stay any

conditions ofthis permit.

1.1.6 This permit does not convey property rights of any sort, or any exclusive privilege.

1.1.7 In tile case where an applicant or permittee has submitted information to the Department under a

claim of confidentiality, the Department may also require the applicant or permittee to submit a copy of

such information directly to the Administrator ofthe EPA.

1.2 The issuance of this permit, or the filing or approval of a compliance plan, does not relieve the

permittee from civil or criminal liability for failure to comply with the state or federal Acts, or any

applicable state or federal regulation or law. TIns condition is pursuant to Paragraph 6 of Subsection A

of20.2.70.302 NMAC and the New Mexico Air Quality Control Act NMSA 1978, chapter 74, article 2.

1.3 If any part of tills permit is challenged or held invalid, the remainder of the permit tenns and

conditions are not affected and the permittee shall continue to abide by tIlem. This condition is pursuant

to Subparagraph d ofParagraph 1 ofSubsection A of20.2.70.302 NMAC.

1.4 The permittee shall pay fees to the Department consistent with the fee schedule in 20.2.71 NMAC -

Operating Pennit Emission Fees. The fees will be assessed and invoiced separately from this permit.

Tills condition is pursuant to Subparagraph e ofParagraph 1 of Subsection A of20.2.70.302 NMAC.

1.5 A responsible official (as defined in 20.2.70.7NMAC) shall certifY the accuracy, truth and

completeness of every report and compliance certification submitted to the Department as required by

this penuit. TIlese certifications shall be part of each document. This condition is pursuant to

Subsection E of20.2.70.300 NMAC.

1.6 Revocation or termination of tills permit by the Department terminates the permitt.ee's right to

operate tills facility. TIns condition is pursuant to Subsection B of20.2.70.201 NMAC.
Permit PI27MI-Rev Page: 5

1.7 Upon request by the Department, the permittee shall submit an emissions inventory for this facility.

This condition is pursuant to 20.2.73 NMAC and Paragraph I of Subsection A of20.2.70.302 NMAC.

1.8 The source will continue to comply with all applicable requirements. For applicable requirements

that will become effective during the term of the permit, the source will meet such requirements on a

timely basis. This condition is pursuant to Paragraph 3 of Subsection G of20.2.70.302 NMAC.

1.9 The permittee shall operate this facility in such manner that all applicable requirements and the

requirements of20.2.70 NMAC are met regardless of what scenario the facility is operating under. This

condition is pursuant to Paragraph 3 of Subsection A of20.2.70.302 NMAC.

2.0 FACILITY INFORMATION

The following conditions are placed upon the permittee pursuant to Paragraph 7 of Subsection A of

20.2.70.302 NMAC.

2.1 All of the process equipment authorized for this facility is listed in the table(s) shown below

(emission units that were identified as insignificant are not included)

Boilers·. Emission Unit Number Eouinment Tvne Eouinment Manufacturer & Model

6 Boiler Babcock and Wilcox Model BW CNS

Serial #19119

7 Boiler Babcock and Wilcox Model BW CNRB

Serial # 19680

8 Boiler Babcock and Wilcox BW CNRB

Serial #22896

FU!!I·f E .. Ive mISSIOns:

Emission Unit Numbers Type of Equipment

FI & F2 (Fugitive Valves, Pump seals, Compressor seals, Pressure Relief valves,

Components) Connectors, Open ended lines.

3.0 REQUIREMENTS FOR INDIVIDUAL EMISSIONS UNITS

Information regarding applicable requirements, emission limits, operational limitations and

requirements, work practices, and monitoring, testing and recordkeeping requirements is provided

below for each emissions unit or set ofsimilar units.
Permit P127M1-Rev

3.1 Operational Flexibility:

Page: 6

Alternative Operating Scenario 1: Emission unit numbers 6, 7 and 8 shall be fIred with natural gas

during alternative operating scenario 1.

Alternative Operating Scenario 2: Emission unit numbers 6, 7 and 8 may be fIred with No.2 diesel

oil containing less than 0.33% by weight of sulfur, up to a maximum of 876 hours per year. The

permittee shall provide written notifIcation to the Department and the Administrator no later than

seven (7) days after the change from natural gas to fuel oil.

The conditions ofsection 3.1 are pursuant to subsections H and I of20.2.70.302 NMAC.

3.1.1 For Emissions Units Number 6, 7, and 8: This set of units is subject to the unit-specific

requirements that are referenced in Table 1 of appendix A: This condition is pursuant to Paragraph 1

of Subsection A of 20.2.70.302 NMAC.

3.1.2 Emission Rate ofNitrogen Dioxide (Alternative Operating Scenario 1 - natural gas use):

Unit numbers 6, 7, and 8 shall not exceed a Nitrogen Dioxide ernission rate of 0.3 pound per million

British Thermal Units (BTU) ofheat input. This condition is pursuant to 20.2.33 NMAC.

3.1.3 Emission Rate ofNitrogen Dioxide (Alternative Operating Scenario 2 - fuel oil use):

Unit number 8 shall not exceed a Nitrogen Dioxide ernission rate of 0.3 pound per million British

Thermal Units (BTU) of heat input. This condition is pursuant to 20.2.34 NMAC

3.1.4 Emission Rate of Particulate Matter (Alternative Operating Scenario 2 - fuel oil use):

Unit numbers 6, 7, and 8 shall not exceed a Particulate Matter emission rate of 0.05 pound per million

British Thermal Units (BTU) ofheat input. These conditions are pursuant to 20.2.18 NMAC.

3.1.5. The perrnitee shall maintain a reduced fIring rate on Unit 8 which results in an annual average

generating capacity ofno more than 145 MW.

3.2 Emissions Limits

3.2.1 For Emission Unit Numbers 6, 7, and 8: This set of units is subject to the following emissions

limits during normal operation.
Pemlit P127M1-Rev Page: 7

Boiler Emissions: Alternatiye Operating Scenario 1: Use of Natural Gas Only Option

Maximum Allowable Emission Rates in PPHffPY*

NOx CO S02 TSP VOC

6 183.0/801.5 300.0/1314.0 na Na na

7 177.0/775.3 300.0/ 1314.0 na Na na

8 403.4 /1,766.9 200.0 / 876.0 0.8/3.6 10.1 /44.2 7.3/32.0

na - not applicable

Boiler Emissions: Alternatiye Operating Scenario 2: Option to Use Natural Gas a Minimum of

7884Hours AnnuaIIIvandto use Fue10·1I a M· aXlmum 0 f876Hours AnnuaIIv.

Maximum Allowable Emission Rates in PPHffPY*

NOx CO S02 TSP VOC

6, gas portion of 183.0/ 300.0/

3.0/11.9 na na ovtion 2 721.4 1I82.6

7, gas portion of 177.0/ 300.0/ 2.9/11.4 oDtion 2 697.7 1182.6 na na

8, gas portion of 403.4 / 200.0/

7.58/26.2 10.1 /39.8 7.3/28.8 option 2 1590.2 788.4

6, oil portion of 221.4/97.0 325.0/ 362.3/

oDtion 2 142.4 158.7 na na

7, oil portion of 214.1 /93.8 325.0/ 350.4 /

oDtion 2 142.4 153.5 na na

8, oil portion of 403.4 / 225.0/98.6 521.9/ 78.5/34.4 8.7/3.8 ontion 2 176.7 228.6

na - not applicable *Pounds per hour/tons per year

This condition is pursuant to 40CFR50, 20.2.3 NMAC, and Paragraphs 1, 7 and 8 of Subsection A of

20.2.70.302 NMAC.

3.3 Emissions Monitoring and Testing Requirements

The following monitoring and/or testing requirements shall be used to determine compliance with

applicable requirements and emission limits. Any sampling, whether by portable analyzer or EPA

reference method, that measures an emission rate greater than an emission limit in this permit may

constitute noncompliance with this permit. The Department may require, at its discretion, additional

tests pursuant to EPA Reference Methods at any time, including when sampling by portable analyzer

measures an emission rate greater than an emission limit in this permit. Such requirement shall not be
Permit PI27MI-Rev Page: 8

construed as a detennination that the sampling by portable analyzer does not establish noncompliance

with this permit and shall not stay enforcement of such noncompliance based on the sampling by

portable analyzer.

3.3.1 For Emissions Units Number 6, 7 and 8: This set of units is subject to the following emissions

monitoring requirements:

Reomre "dMom"tormfJ . /;.... .. ...... ' ..... c ... .,.>... • ,. ... .. <.

li..L~., ..•..... ..J.J.~

·.Uoif:No. / .... .-c ii. {i / ........ .. .. .. i in

6, 7, 8 NOx, CO, and 40CFR Part 72 and Part Continuous Paragraph

S02 75: and requirements as Emissions 3.3.1.1

specified in 3.2 Monitoring

6, 7,8 Visible 20.2.61 and 20.2.18 Opacity Paragraph

Emissions NMAC 3.3.1.2

6,7,8 Sulfur Content Section 3.1: Alternative Operations Paragraph

of Fuel Oil Scenario 2 MonitorinQ" 3.3.1.3

6, 7,8 Fuel Usage and Emission limits specified Operations Paragraph

Heat Content in section 3.2 Monitoring 3.3.1.3.2

(Q"as and diesel)

6,7,8 Fuel Usage, Heat Emission limits specified Operations Paragraph

and Ash Content in section 3.2 Monitoring 3.3.1.3.3

(diesel onlv)

6, 7,8 Hours of Operational Operations Paragraph

Operation Requirements specified Recordkeeping 3.3.1.3.4

in section 3.1

3.3.1.1 Continuous Emissions Monitoring: This facility shall comply with all applicable monitoring,

recordkeeping, reporting, and operation and maintenance requirements of 40CFR Part 72, Acid Rain

Pennit Program, 40CFR Part 75, Continuous Emission Monitoring requirements, and Subparts A

through G.

Compliance with applicable requirements and emission limits shall be determined by the monitoring,

testing, and operation and maintenance requirements as described in 40CFR Parts 72 and 75.

3.3.1.2 Gracii)' Monitoring' The following Opacity tests shall be perfonned as part ofthe emissions

monitoring requirements for this set ofunits.

3.3.1.2.1 For alternative operating scenario 1:

Use of natural gas fuel constitutes compliance with opacity requirements of20.2.61 NMAC.
Permit PI27MI-Rev

3.3.1.2.2 For alternative operating scenario 2:

Page: 9

Opacity measurements shall be conducted once for each unit during each temporary period of

operation in accordance with 20.2.18 NMAC.

3.3.1.3 Operations Monitoring: The following Operation records shall be kept as part of the

emissions monitoring requirements for this set of units.

3.3.1.3.1 The permittee shall keep records of the sulfur content of the fuel oil used during alternative

operating scenario 2.

3.3.1.3.2 The permittee shall keep records of fuel usage and heat content of the gas and fuel oil.

Based on CEM measurements of S02 emissions (per 40CFR part 75 Appendix D), the permittee shall

calculate and record quarterly the Sulfur Dioxide (S02) emissions in pounds per million BTU

(lb/MMBtu).

3.3.1.3.3 The permittee shall keep records ofthe quantity, heat content, and ash content ofthe fuel oil

used. The permittee shall calculate and record quarterly the total suspended particulate (TSP)

emissions in pounds per million BTU (lb/MMBtu) while firing oil.

3.3.1.3.4 Operations Recordkeeping: Hours of operation of emission unit numbers 6 to 8 shall be

recorded during emergency operations.

3.3.2 When requested by the Department, the permittee shall provide schedules of testing and

monitoring activities.

3.3.3 Unless otherwise identified elsewhere in this permit, all monitoring requirements are effective

120 days after the date of permit issuance.

The conditions of section 3.3 are pursuant to Subsection C of 20.2.70.302 NMAC , and 40 CFR Part

75 and subparts A through G.

4.0 RECORDKEEPING

4.1 The permittee shall follow the recordkeeping requirements listed below and provide any other

information the Department may request to verifY the accuracy of the monitoring. This condition is

pursuant to Subsection C and Paragraph 1 of Subsection D of20.2.70.302 NMAC.

4.1.1 Continuous Emission Monitoring: This facility shall comply with all applicable recordkeeping

requirements of 40CFR Part 72, Acid Rain Permit Program, 40CFR Part 75, Continuous Emission

Monitoring, and Subpart F, Section 75.50 through 75.53 for unit numbers 6 to 8.
Permit PI27MI-Rev Page: 10

4.1.2 Opacity: Records of opacity measurement by an individual trained for method 9 or for taking

CEMS measurements shall be maintained for unit numbers 6 to 8 at the facility during alternative

operating scenario 2. This measurement shall be determined consistent with the method set forth by

the US EPA 40CFR, Part 60, Appendix A, Method 9, or any other equivalent method approved by the

Department.

4.1.3 Operations Recordkeeping: The permittee shall keep records of operational parameters as

specified in section 3.3.1.3. The records shall show the values of all parameters required to be

recorded by this section. Hours of operations on emission unit numbers 6 to 8 shall be recorded on a

daily basis.

4.2 All sampling and measured data required by this pennit for the emissions units in this facility shall

be recorded. The minimum infomlation to be included in these records is:

4.2.1 equipment identification (include make, model and serial number for all tested equipment and

equipment controls), date, and time ofsampling or measurements,

4.2.2 date analyses were perfonned,

4.2.3 analytical or test methods used,

4.2.4 results of analyses or tests,

4.2.5 operating conditions existing at the time ofsampling or measurement,

4.2.6 name and title of persons who performed the analyses.

Conditions of 4.2 are pursuant to Paragraph 1 of Subsection D of20.2.70.302 NMAC.

4.3 The pennittee shall keep copies of all monitoring and measurement data, equipment calibration

and maintenance records, original strip charts for Continuous Emission Monitoring instruments if

used, other supporting information, and reports required by this permit for at least five (5) years from

the time the data was gathered or the reports written. Each record shall show clearly to which

emissions unit and/or piece of monitoring equipment it applies, and the date the data was gathered.

This condition is pursuant to Paragraph 2 of Subsection D of 20.2.70.302 NMAC.

4.4 The permittee shall keep a record describing off permit changes made at this source that result in

emissions of a regulated air pollutant subject to an applicable requirement, but not otherwise regulated

under this pemlit, and the emissions resulting from those changes. This condition is pursuant to

Paragraph 2 of Subsection I of20.2.70.302 NMAC.

4.5 The permittee shall maintain a log, which may be a CEMS record, at the facility that documents,

contemporaneously with any change from one operating scenario to another, the scenario under which

the facility is operating. This condition is pursuant to Paragraph 3 of Subsection A of 20.2.70.302

NMAC.
Permit PI27MI-Rev

5.0 REPORTING

Page: 11

5.1 Monitoring Reports: Monitoring reports shall clearly identify the su~ject combustion boiler

showing the boiler's identification number according to the operating permit. The reports shall

contain the information requested in the sections below. In addition, all instances of deviations from

permit requirements, including those that occur during emergencies, shall be clearly identified in the

required reports. Conditions of 5.1 are pursuant to Subsection E of 20.2.70.302 NMAC.

5.2 Reports of all required monitoring activities for this facility shall be submitted to the Department

on the following schedule. This condition is pursuant to Paragraph 1 of Subsection E of 20.2.70.302

NMAC.

Schedule of MonitorinQ" Activif1 Renort Submittal:

Report for Emission Unit Submittal Date

Nos. -

6,7, and 8 Within 45 days following the end of every 6 month period

following the date ofissuance of permit P127.

This condition is pursuant to Paragraph 1 of Subsection E of 20.2.70.302 NMAC

5.3 Continuous Emission Monitoring: This facility shall comply with all applicable reporting

requirements of 40CFR Part 72, Acid Rain Permit Program, 40CFR Part 75, Continuous Emission

Monitoring, and Subpart 75.60 through 75.67 for unit numbers 6 to 8.

5.4 Opacity: These reports shall include a summary ofthe activities listed in section 4.1.2.

5.5 Operations Reporting: These reports shall include a summary of the activities listed in sections

4.1.3 and 4.2.4 above.

5.6 The permittee shall submit reports of all deviations (including emergencies) from permit

requirements to the Department when they occur. The permittee shall communicate initial notice of

the deviation to the Department within twenty-four (24) hours of the start of the first business day

following the start of the occurrence via telephone or facsimile. Within ten (l0) calendar days of the

start of the first business day following the start of the occurrence, written notice using the Excess

Emissions Form (attached to this permit) shall be submitted to the Department. This condition is

pursuant to Paragraph 2 of Subsection E of20.2.70.302 NMAC.

6.0 COMPLIANCE

6.1 The permittee shall submit compliance certification reports certifying the compliance status of

this facility with respect to all applicable requirements. These reports shall be made on copies of the
Permit PI27Ml··Rev Page: 12

Compliance Certification Report Form (attached to this permit) and submitted to the Department and

to EPA every 12 months. This report is due no later than 30 days after each anniversary ofthe date of

permit issuance.

The conditions of Section 6.1 are pursuant to Paragraph 3 of Subsection E of 20.2.70.302 NMAC.

6.2 The permittee shall allow representatives ofthe Department, upon presentation of credentials and

other documents as may be required by law, to do the following:

6.2.1 enter the permittee's premises where a source or emission unit is located, or where records that

are required by this permit to be maintained are kept,

6.2.2 have access to and copy, at reasonable times, any records that are required by this permit to be

maintained,

6.2.3 inspect any facilities, equipment (including monitoring and air pollution control equipment),

work practices or operation regulated or required under the permit,

6.2.4 sample or monitor any substances or parameters for the purpose of assuring compliance with

this permit or applicable requirements or as otherwise authorized by the federal Act.

Conditions of6.2 are pursuant to Paragraph 1 of Subsection G of20.2.70.302 NMAC.

6.3 A copy of this permit shall be kept at the permitted facility and shall be made available to

Department personnel for inspection upon request. This condition is pursuant to Paragraph 3 of

Subsection G of 20.2.70.302 NMAC.

6.4 Units 6, 7, and 8 shall be tested for TSP and VOC emissions using an approved EPA test method

to determine the potential pounds per hour and tons per year emissions for these pollutants. Units 6

and 7 will be tested at full capacity, and mnt 8 will be tested at an output of approximately 145

megawatts. The test results for units 6 and 8 shall be submitted to the New Mexico Air Quality

Bureau by July 1,2003. The test results for unit 7 shall be submitted by Nov 30, 2003. The Air

Quality Bureau shall then reopen the permit as it deems necessary and establish appropriate limits for

unit 8.

7.0 EMERGENCIES

7.1 An "emergency" means any situation arising from sudden and reasonably unforeseeable events

beyond the control of the permittee, including acts of God, which situation requires immediate

corrective action to restore normal operation of the facility or emissions unit, and that causes

exceedances of technology-based emissions limits specified in this permit. An emergency shall not

include noncompliance to the extent caused by improperly designed equipment, lack of preventive

maintenance, or careless or improper operation.
Permit PI27MI-Rev Page: 13

7.2 This provision is in addition to any emergency or upset provision contained in any applicable

requirement.

7.3 The permittee shall identifY and report all emergencies to the Department in accordance with

Condition 5.3 ofthis permit.

7.4 In any enforcement proceeding, the permittee has the burden of proof in seeking to establish the

occurrence of an emergency.

Conditions of7.0 are pursuant to Subsections A, Band D of20.2.70.304 NMAC.

8.0 PERMIT REOPENING AND REVOCATION

8.1 This permit will be reopened and revised when anyone of the following conditions occurs, and

may be revoked and reissued when 8.1.3 or 8.1.4 occurs:

8.1.1 Additional requirements under the federal Act become applicable to this source three (3) or

more years before the expiration date of this permit. If the effective date of the requirement is later

than the expiration date of this permit, then the permit is not required to be reopened unless the

original permit or any of its terms and conditions has been extended due to the Department's failure to

take timely action on a request by the permittee to renew this permit.

8.1.2 Additional requirements, including excess emissions requirements, become applicable to this

source under Title IV ofthe federal Act (the acid rain program). Upon approval by the Administrator,

excess emissions offset plans will be incorporated into this permit.

8.1.3 The Department or the Administrator determines that the permit contains a material mistake or

that inaccurate statements were made in establishing the terms and conditions ofthe permit.

8.1.4 The Department or the Administrator determines that the permit must be revised or revoked and

reissued to assure compliance with an applicable requirement.

Conditions of 8.1 are pursuant to Paragraph 1 of Subsection A of 20.2.70.405 NMAC.

8.2 Proceedings to reopen or revoke this permit shall affect only those parts ofthis permit for which

cause to reopen or revoke exists. Emissions units for which permit conditions have been revoked

shall not be operated until new permit conditions have been issued for them. This condition is

pursuant to Paragraph 2 of Subsection A of 20.2.70.405 NMAC.

9.0 ACID RAIN SOURCES

9.1 Where an applicable requirement of the federal Act IS more stringent than an applicable
Permit P127M1-Rev Page: 14

requirement of regulations promulgated under Title IV of the federal Act, both provisions are

incorporated into this permit and are federally enforceable.

9.2 Emissions exceeding any allowances held by the permittee under Title IV ofthe federal Act or the

regulations promulgated thereunder are prohibited.

9.3 No modification of this permit is required for increases in emissions that are authorized by

allowances acquired pursuant to the acid rain program, provided that such increases do not require a

permit modification under any other applicable requirement.

9.4 The permittee may not use allowances as a defense to noncompliance with any other applicable

requirement.

9.5 No limit is placed on the number of allowances held by the acid rain source. Any such allowance

shall be accounted for according to the procedures established in regulations promulgated under Title

IV ofthe federal Act.

9.6 The acid rain permit is an enclosure ofthis operating permit.

Conditions of9.0 are pursuant to Paragraph 9 of Subsection A of20.2.70.302 NMAC.

APPEAl, PROCEDURES

Any person who participated in this permitting action before the Department and who is adversely

affected by the action taken by the Department concerning this permit, may file a petition for a hearing

before the Environmental Improvement Board ("board"). Ibe petition must be made in writing to the

board within thirty (30) days from the date notice is given ofthe Department's action. This petition must

specifY the portions ofthe permitting action to which the petitioner objects and certifY that a copy ofthe

petition has been mailed or hand-delivered as required by Paragraph 2 of Subsection A of 20.2.70.403

NMAC; a copy of the pemlitting action for which review is sought must be attached to the petition.

Upon receipt of the appeal notice, the petitioner must mail or deliver a copy of the petition to the

Department, and to the applicant or permittee ifthe petitioner is not the applicant/permittee. Requests for

a hearing shall be sent to:

Secretary, New Mexico Enviromnental Improvement Board

1190 St. Francis Drive, Rurmels Bldg.

P.O. Box 26110

Santa Fe, New Mexico 87502

Unless a timely request for a hearing is made, the decision ofthe Department will be [mal. If a timely

request for hearing is made, the board will hold a hearing witllin sixty (60) days ofreceipt ofthe petition

in accordance with the New Mexico Air Quality Control Act NMSA 1978 § 74-2-7 and Paragraph 3 of
Permit PI27MI-Rev

Subsection A of20.2.70.403 NMAC.

Page: 15

Any person who is adversely affected by an administrative action taken by the board pursuant to

Subsection A of 20.2.70.403 NMAC may appeal to the Court of Appeals in accordance with New

Mexico Air Quality Control Act NMSA 1978 § 74-2-9. Petitions for judicial review must be filed no

later than thirty (30) days after the administrative action. This condition is pursuant to Subsection B of

20.2.70.403 NMAC and New Mexico Air Quality Control Act NMSA 1978 § 74-2-9.

SUBMITTAl, OF REPORTS AND CERTIFICATIONS

Test protocols, excess emission forms, test reports, compliance notifications, monitoring results and

reports, emissions sampling and measurement data, monitoring activity reports, compliance schedule

progress reports, and any other compliance status information required by this permit shall be certified

by the responsible official and submitted to:

Program Manager, Compliance &Enforcement Section

New Mexico Environment Department

Air Quality Bureau

2048 Galisteo Street

Santa Fe, New Mexico 87505

Questions about this permit should be referred to Wm. 1. Green ofthe Operating Permit Unit ofthe Air

Quality Bureau in Santa Fe at (505) 955-8004

Attachments: 1) Excess Emission Form (for reporting deviations and emergencies)

2) Compliance Certification Report Form

3) Acronyms

4) SOP for Stack Test Protocol (if applicable)

5) SOP for Use ofPortable Analyzers in Performance Tests

(if applicable)

6) SOP for Contents of Stack Test Reports (if applicable)

7) Acid Rain Permit (if applicable)
Permit P127MI-Rev

APPENDIX A

Table I: APPLICABLE REQUIREMENTS FOR THIS FACU,fTY

Page: 16

Applicable Federally Entire Unit

Requirements Enforceable Facility Nos.

20.2.18 NMAC Oil Burning Equipment - Particulate Matter X 6, 7, 8

20.2.33 NMAC Gas Burning Equipment- Nitrogen Dioxide X 6, 7, 8

20.2.34 NMAC Oil Bunung Equipment - Nitrogen Dioxide X 8

20.2.70 NMAC Operating Permits X X

20.2.71 NMAC Operating Permit Emission Fees X X

20.2.73 NMAC Notice of Intent and Emissions Inventory X X

Requirements

40CFR50 National Ambient Air Quality Standards X X

40CFR68 Chemical Accident Prevention Provisions X X

40CFR72 Acid Rain Program X X

40CFR73 Sulfur Dioxide Allowance System X X

40CFR75 Continuous Emissions Monitoring X X

40CFR77 Excess Emissions X X

Note: NMED will petition the EIB to amend the defInition of "applicable requirement" in

20.2.70.7.E NMAC to state that the New Mexico Ambient Air Quality Standards (NMAAQS),

20.2.3 NMAC are not included. Ifthe EIB denies the petition, NMED will reopen flus permit

to add the NMAAQS to Appendix A, Table 1, and the permittee may challenge a

determination that the NMAAQS are "applicable requirements."
Permit P127Ml-Rev Page: 17

APPENDIX A

Table 2, The Department has determined that the following requirements identified in

the Permit Application are not Applicable Requirements for this facility

Applicable Requirements as identified in the Not Applicable No Requirements

Permit Application For This Facility (2)

(1)

20.2.07 NMAC - Excess Emissions During Malfunction, X

Startup, shutdown, or Scheduled Maintenance

20.2.60 NMAC - Regulation to Control Open Burning X

20.2.72 NMAC - Construction Permits X

40 CFR 61.145 (Subpart M) National Emission Standard X

for Asbestos, Demolition and Renovation

(1) No existing or planned operation/activity at this facility triggers the applicability ofthese

requirements.

(2) Although these regulations may provide guidance, they do not impose any specific

requirements on the operation ofthe facility as described in this permit.
Foamex Title V Air Quality Permit 
BILL RiCHARDSON

GOVERNOR

State ofNew Me.:'Cico

ElvVIRONft;fENT DEPARTIVIEIVT

AIR QUALITYBUREAU

2048 Galisieo

Santa Fe, New Me.yico 87505

Telephone (505) 827-1494

Fax, (505) 827-1523

RON CURRY

Secrerary

DERRITH WA TCHMAN-MOORE:

Depw:y Secrewrv

Certified Mail No' 70012510000080154116

Return Receipt Requested

OPERATING PERMIT NO: P149

FACILITY NAiVIE: Foamex L.P" Santa Teresa

PERMITTEE: Foamex L.P.

1000 Columbia Avenue

Linwood, PA 19061

RESPONSIBLE COMPANY OFFICIAL: Jolm Mclaverty

EHS Director

ISSUED BY: New Mexico Environment~D~partment c-.(//

(/// '/-~7 -====OC=T=6=2=OO=3= J/ (:~ //,.-- Date ofIssuance

.,..;<.

/// )

<"-ThIfRQDJ JeTTON

Operating Pennit Number P149 is issued by the Air Quality Bureau of the New Mexico

Enviromnent Department ("Department") to Foamex LP. pursuant to the federal Clean Air Act

("federal Act"), the New Mexico Air Quality Control Act ("state Act") and regulations adopted

pursuant to the state and federal Acts, including Title 20, New Mexico Administrative Code,

Chapter 2, Part 70 (20.2.70 NMAC) - Operating Permits. TIus pennit authorizes the operation of

this facility located at UTM Zone 13, UTMH 340.1 lan, UTMV 3526.3 km, approximately 2 miles

West of Santa Teresa, New Mexico in Dona Ana COlIDty.

This permit is valid only for the named pennittee, owner, and operator. A pennit modification is

required to change any ofthose entities..

This facility is a flexible polyurethane foam fabrication plant. Basically, flexible polyurethane

foam is manufactured by pumping together in a mix chamber various chemicals including

polyols, 2,4- Toluene Diisocyanate (TDI), surfactants, dyes, flame retardant additives, fillers and

catalysts. These chemicals are allowed to react in the pourlines to produce bun polymers which

are then stored in the bun storage for curing. The cured buns are slitted in the slitting operation to
Permit No: P149 2

foam rolls. The rolls are then laminated in two laminating chambers and finally fabricated to

final products.

The term ofthis permit is five (5) years. It will expire five years from the date ofissuance, pursuant

... to Subsection B of 20.2.70.302 NMAC. Application for renewal of this permit is due twelve (12)

months prior to the date of expiration, pursuant to Paragraph 2 of Subsection B of 20.2.70.300

NMAC.

Pursuant to Paragraph 1 of Subsection A of20.2.70.302 NMAC, the Department specifies with this

Permit, tem1S and conditions upon the operation of this facility to assure compliance with all

applicable requirements, as defined in 20.2.70 NMAC at the time this permit is issued. Pursuant to

the New Mexico Air Quality Control Act NMSA 1978, chapter 74, article 2, all terms and

conditions in this permit, including any provisions designed to limit this facility's potential to emit,

are enforceable by the Department. Pursuant to Paragraph 5 of Subsection A of 20.2.70.302

NMAC, all terms and conditions are enforceable by the Administrator of the United States

Environmental Protection Agency ("EPA") and citizens under the federal Act, unless the term or

condition is specifically designated in this permit as not being enforceable under the federal Act.

PERMIT SHIELD

Pursuant to Subsection J of20.2.70.302 NMAC, compliance with the conditions ofthis pennit shall

be deemed to be compliance with any applicable reqyirements existing as of the date of permit

issuance and identified in Table 1 of Appendix A. The requirements in Table 1 of Appendix A are

applicable to this facility with specific requirements identified for individual emission units.

Emission units with no applicable requirements are not shown in Appendix A - Table 1.

The Department has determined that the requirements in Table 2 of Appendix A as identified in the

pelmit application are not applicable to this source.

This permit shield does not extend to administrative amendments, to minor permit modifications, to

changes made under section 502(b)(10) of the federal Act, or to pelmit terms for which notice has

been given to reopen or revoke all or part.

TOTAL POTENTIAL EMISSIONS

The total potential emissions from this facility, excluding insignificant or trivial activities, are

shown in the following table.
Permit No: P149 3

Total Potential Criteria Pollutant Emissions from Entire Facility (for information only, not

~n pnforceahle condition):

Pollutant Emissions (Tons per year)

Nitrogen Oxides (NOx) 14.4

r------

Carbon Monoxide (CO) 39.1

Volatile Organic Compound (VOC) 134.8

Particulate Matter (PMlO) 30.8

Total Potential HAPS that exceed one ton per year (for information only, not an

enforceable condition):

Pollutant Emission Rates (Tons oer vear)

Hvdrochloric Acid HCL 114.7

Ammonia 10.4

Toluene Diisocvanate TDI* 0.8

HvdroQ:en Cvanide HCN* 8.5

Vinvl Acetate* 5.9

* HAP Emissions (Carbon Compounds) are included in the VOC emissions

PERMIT TERMS AND CONDITIONS

1.0 GENERAL CONDITIONS

1.1 The following permit terms and conditions are placed upon the pelmittee in accordance with

Subsection B of20.2.70.301 NMAC and Paragraph 2 of Subsection A of20.2.70.302 NMAC.

1.1.1 The permittee shall abide by all terms and conditions ofthis permit, except as allowed under

section 502(b)(1 0) of the federal Act. Any permit noncompliance is grounds for enforcement

action, and significant or repetitious noncompliance may result in termination of this permit.

Additionally, noncompliance with federally enforceable conditions of tIns permit constitutes a

violation ofthe federal Act.

1.1.2 It shall not be a defense for the permittee in an enforcement action to claim that it would have

been necessary to halt or reduce the permitted activity in order to maintain compliance with the

conditions ofthis permit.

1.1.3 If the Department determines that cause exists to modifY, reopen and revise, revoke and

reissue, or terminate tills permit, this shall be done in accordance with 20.2.70.405 NMAC.

1.1.4 The permittee shall furnish any infOlmation the Department requests in writing to determine if
Permit No: P149 4

cause exists for reopening and revising, revoking and reissuing, or temunating the pem1it, or to

determine compliance with the permit. This information shall be furnished within a reasonable

time period specified by the Department. Additionally, the permittee shall furnish, upon request by

the Department, copies ofrecords required by the permit to be maintained by the pennittee.

1.1.5 A request by the pennittee that this permit be modified, revoked and reissued, or terminated,

or a notification by the permittee of planned changes or anticipated noncompliance, shall not stay

any conditions ofthis pelmit.

1.1.6 This permit does not convey property rights of any sort, or any exclusive privilege.

1.1.7 In the case where an applicant or pennittee has submitted information to the Department

tmder a claim of confidentiality, the Department may also require the applicant or pelmittee to

submit a copy ofsuch information directly to the Administrator ofthe EPA.

1.2 The issuance ofthis permit, or the filing or approval of a compliance plan, does not relieve the

permittee from civil or criminal liability for failure to comply with the state or federal Acts, or any

applicable state or federal regulation or law. This condition is pursuant to Paragraph 6 of

Subsection A of 20.2.70.302 NMAC and the New Mexico Air Quality Control Act NMSA 1978,

chapter 74, article 2.

1.3 If any part of this permit is challenged or held invalid, the remainder of the permit telms and

conditions are not affected and the permittee shall continue to abide by them. This condition is

pursuant to Subparagraph d of Paragraph 1 of Subsection A of20.2.70.302 NMAC.

1.4 The permittee shall pay fees to the Department consistent with the fee schedule in 20.2.71

NMAC - Operating Pennit Emission Fees. The fees will be assessed and invoiced separately from

this permit. This condition is pursuant to Subparagraph e of Paragraph 1 of Subsection A of

20.2.70.302 NMAC.

1.5 A responsible official (as defined in 20.2.70 NMAC) shall certify the accuracy, truth and

completeness of evelY report and compliance certification submitted to the Department as required

by this pennit. These certifications shall be part of each document. This condition is pursuant to

Subsection E of20.2.70.300 NMAC.

1.6 Revocation or termination of this permit by the Department terminates the permittee's right to

operate the emission units of this facility. This condition is pursuant to Subsection B of

20.2.70.201 NMAC.

1.7 Upon request by the Department, the permittee shall submit an emissions inventory for this

facility. This condition is pursuant to 20.2.73 NMAC and Paragraph 1 of Subsection A of

20.2.70.302 NMAC.
Permit No: P149 5

1.8 The source will continue to comply with all applicable requirements. For applicable

requirements that will become effective during the term of the permit, the source will meet such

requirements on a timely basis. This condition is pursuant to Paragraph 3 of Subsection G of

20.2.70.302 NMAC.

1.9 The following conditions of NSR permit No. 624-M-4 are incorporated into this permit by

reference:

Condition number 1 - Revision and Operation

Condition number 3 - Recordkeeping

Condition number 4 - Reporting

Condition number 5 - Compliance Test

Compliance with this operating permit is sufficient to demonstrate compliance with that NSR

permit. This condition is pursuant to Paragraph 1 of Subsection A of 20.2.70.302 NMAC.

2.0 FACILITY INFORMATION

The following conditions are placed upon the permittee pursuant to Paragraph 7 of Subsection A of

20.2.70.302 NMAC and NSR permit No. 624-M-4. -

2.1 All of the emission tmits authorized for this facility is listed in the tables shown below

(emission units that were identified as insignificant or trivial, and equipment not regulated pursuant

to the Act are not included):
Permit No: P149

Flexjble Polyurethane Foam fabrication processes

6

Emission Unit No Equipment or Process Type

1 Pourline Stack

2 Pourline Stack

3 Pourline Stack

4 Pourline Stack

5 Libertv Laminator

25 Libertv Laminator

6 Baumer LOOD Slitter

26 Baumer LOOD Slitter

46 Baumer LOOD Slitter

Back UD Baumer Loop Slitter

65 PVC Silo

with BaQ:house

41 Ammonia Batch Tank

44 Bun Room Exhaust

47 Flame Laminator

66 Flame Laminator

3.0 REQUIREMENTS FOR INDIVIDUAL EMISSIONS UNITS

Information regarding applicable requirements, emission limits, operational limitations and

requirements, work practices, and monitoring, testing and recordkeeping requirements is

provided below for each emissions unit or set ofsimilar units.

3.1 Applicable Requirements

The permittee shall comply with all the applicable requirements of State and federal Regulations

that are referenced in Appendix A Table 1 of this operating permit. In particular, the permittee

shall be required to comply with the Maximum Achievable Control Technology, MACT,

40CFR63, Subpart A - General Erovisions, and Subpart MMMMM - National Emission

Standards for Hazardous Air Pollutants· Flexible Polymethane Foam Fabrication Operations

TIns condition is pursuant to Paragraph 1 of Subsection A of 20.2.70.302 NMAC.
Permit No: P149 7

Note: The Loop Slitter adhesive use and the Flame Lamination affected sources at the

Foamex facility are existing sources and shall begin complying with the emission

limitations, monitoring, recordkeeping, and reporting requirements of 40CFR63, Subpart

MMMMM on April 15, 2004. [All existing affected sources are required to start complying

with this MACT requirements one year after the date of publication of the proposed rule in

the Federal Registrar. The final rule was published in the Federal Registrar on April 15,

2003]

3.2 Emission Limits - (Table attached as Appendix B)

3.2.1 For each existing Loop Slitter adhesive use, and Flame Lamination affected sources, the

permittee shall comply with: (a) EMISSION LIMITS of Table 1 to 40CFR63, Subpart

MMMMM, (b) INITIAL COMPLIANCE WITH EMISSION LIMITS of Table 4 to Subpart

MMMMM, and (c) CONTINUOUS COMPLIANCE WITH EMISSION LIMITS AND

OPERATING LIMITS of Table 5 to Subpart MMMMM. The permittee shall also comply with

all the applicable requirements of 40CFR63, Subpati MMMMM, particularly 40CFR63.8790,

8806, and 8812

3.2.2 The opacity from this facility shall not exceed 20 percent in accordance with 20.2.61

NMAC, Section 109.

3.2.3 The facility shall comply with emission limits in~able 1 of Appendix B (attached).

The conditions of section 3.2 are pursuant to 40CFR50, Paragraphs 1, 7, and 8 of Subsection A

of20.2.70.302 NMAC, and NSR pennit No. 624-M-4.

3...3 Operational Requirements

3.3.1 Operational Requirements Foam Fabri.c.ati.o.nJ)p.eratim

"~:~sion Process/Operation Maximum Hours of

No. Oneration

1 Pourline Operation 2920

2 Pourline Operation 2920

3 Pourline Operation 2920

4 Pourline Operation 2920

47 Flame Laminator 8100

66 Flame Laminator 8100

The Pourline operations and the Flame Lamination operations shall not exceed the maximum

hours indicated in the above table.

The conditions of section 3.3 are pursuant to Paragraphs 1, 7 and 8 of Subsection A of
Permit No: P149

20.2.70.302 NMAC, and NSR permit No. 624-M-4.

3.4 Emissions Monitoring and Testing Requirements:

8

The following monitoring and/or testing requirements shall be used to determine compliance

with applicable requirements and emission limits. Any sampling, whether by portable analyzer

or EPA reference method that measures an emission rate greater than an emission limit in this

permit may constitute noncompliance with this permit. The Department may require, at its

discretion, additional tests pursuant to EPA Reference Methods at any time, including when

sampling by portable analyzer measures an emission rate greater than an emission limit in this

permit. Such requirement shall not be constmed as a determination that the sampling by portable

analyzer does not establish noncompliance with this permit and shall not stay enforcement of

such noncompliance based on the sampling by portable analyzer.

3.4.1 The following table lists emission units with the required monitoring. Descriptions of the

required monitoring follow the table.

Required Monitoring for I lOOP Slitter Adhesiye Use and Flame Lamination Affected

Sources.

Emission Unit No. Parameters To To Comply Monitoring

Monitor With Required --

47 and 66 Flame Laminators Per 40CFR60,

Opacity 20.2.61 NMAC Appendix A,

Method 9

Existing Loop Slitter adhesive use, 40CFR63, Per 40CFR63.8804,

and Existing Lamination affected Subpart and 8810

sources HAPs MMMMM,

40CFR63.8804,

and 8810 on ----

3.4.1.1 Opacity Monitoring

The opacity of visible emissions from the Flame Laminators shall be determined by a certified

observer in accordance with the method set forth by the U.S. EPA in 40 CFR Part 60, Appendix

A, Method 9. The opacity of visible emission determinations from the Flame Laminators shall be

at the following schedule.

First opacity determination -------within ninety (90) days of permit issuance.

All subsequent opacity determinations shall follow annually.
Permit No: P149 9

3.4.1.2 Maximum Achievable Control I~IMonitoring (Flexible Polymethane

Fabrication Qp.eratinns)

The facility shall comply with the following monitoring requirements: (a) Testing and

Initial Compliance Requirements of 40CFR63, Subpart MMMMM, specifically

40CFR63.8798 through 8806, and (b) Continuous Compliance Requirements of

40CFR63.8810 through 8812.

The conditions of section 3.4 are pursuant to Subsection C of 20.2.70.302, and NSR permit

number 624-M-4

4.0 RECORDKEEPING

4.1 The permittee shall maintain records of all tests and equipment monitoring required by this

permit and records of allY adjustments, repairs, or replacements needed to bring the equipment

into compliance with the terms of this permit. The permittee shall also follow the record keeping

requirements listed below and shall keep records of any other information the Department may

request to allow the Department to verify the accuracy ofthe monitoring.

4.1.1 Opacity (Flame lamination Operations)

Opacity test results summary shall be recorded.

- 4.1.2 MACI Subpart MMMMM Recordkeeping (Fabrication Affected Somces)

The permittee shall comply with the applicable recordkeeping requirements of MACT Subpart

MMMMM, 40CFR63.8820 and 8822 for the fabrication affected sources.

4.1.3 The pemlittee shall keep records ofthe hours of operation for the Pourline operations and

the Flame Lamination operations.

The conditions of Section 4.1 are pursuant to Subsection C and Paragraph 1 of Subsection D of

20.2.70.302 NMAC.

4.2 All sampling and measured data required by this pennit for the emissions units in this facility

shall be recorded. The following are the minimum information to be included in these

records:

4.2.1 equipment identification (include make, model and SIN for all tested equipment and

equipment controls), date, and time ofsampling or measurements.

4.2.2 date analyses were performed,

4.2.3 analytical or test methods used,

4.2.4 results of analyses or tests,

4.2.5 operating conditions existing at the time ofsampling or measurement,
Permit No: P149

4.2.6 name and title of persons who performed the analyses.

10

The conditions of Section 4.2 are pursuant to Paragraph 1 of Subsection D of 20.2.70.302

NMAC.

4.3 The pemlittee shall keep copies of all monitoring and measurement data, equipment

calibration and maintenance records, original strip charts for Continuous Emission Monitoring

instruments if used, other supporting information, and reports required by this permit for at least

five (5) years from the time the data was gathered or the reports written. Each record shall show

clearly to which emissions lU1it and/or piece of monitoring equipment it applies, and the date the

data was gathered. This condition is pursuant to Paragraph 2 of Subsection D of 20.2.70.302

NMAC.

4.4 The permittee shall keep a record describing off permit changes made at this source that

result in emissions of a regulated air pollutant subject to an applicable requirement, but not

otherwise regulated under this permit, and the emissions resulting from those changes. This

condition is pursuant to Paragraph 2 of Subsection I of20.2.70.302 NMAC.

5.0 REPORTING

5.1 Monitoring Reports: These repOlis shall include the following information. In addition, all

instances of deviations from permit requirements, including emergencies, shall be clearly

identified in these reports. --

5.1.1 J)pacity Reports (Fabricati..on-affected Sources)

Opacity test results summary shall be recorded and reported.

5.1.2 MACT Subpart MMMMM Reporting (Fabrication Affected_Sources)

The permittee shall comply with the applicable reporting requirements of MACT Subpart

MMMMM, 40CFR63.8816 and 8818 for the fabrication affected sources.

5.1.3 The permittee shall submit to the Department the hours of operation of the Pourline

operations and the Flame Lamination operations.

The conditions of Section 5.1 are pursuant to Subsection E of20.2.70.302 NMAC.

5.2 Reports of all required monitoring activities for this facility shall be submitted to the

Department on the following schedule, except where otherwise required by applicable

regulations, or incorporated into existing reports. This condition is pursuant to Paragraph 1 of

Subsection E of20.2.70.302 NMAC.
Permit No: P149 11

S h d I c e u e 0 f Mom'tormp" ' ACfIV}'tv Renort S bu mi'tta:I

Report for Emissions Unit Nos, Submittal Date

1-4, 5, 6, 25, 26, 46, 41, 44, 47, 65 Within 45 days following the end of every 6 month

and 66 period following the date of permit issuance.

-

5.3 The permittee shall submit reports of all deviations (including emergencies) from permit

requirements to the Department when they occur. The permittee shall communicate initial notice

of the deviation to the Department within twenty-four (24) hours ofthe start ofthe first business

day following the start of the occurrence via telephone or facsimile. Within ten (l0) calendar

days of the start of the first business day following the start of the occurrence, written notice

using the Excess Emissions Form (attached to this permit) shall be submitted to the Department.

This condition is pursuant to Paragraph 2 of Subsection E of20.2.70.302 NMAC.

5.4 Emissions Test Notification

Protocols for emissions tests shall be submitted to the Department at least thiIiy (30) days .prior

to the scheduled test date. Content of the test protocols shall be reported according to the

Department's Standard Operating Procedure for Contents of Stack Test Protocols. If information

remains the same as previously submitted protocols, test protocols shall reflect that fact and show

only new information. This condition is pursuant to 20NMAC2.70.III.302.E.

6,0 COMPLIANCE

6.1 The permittee shall submit compliance certification reports certifying the compliance status

of this facility with respect to all applicable requirements. These reports shall be made on copies

of the Compliance Certification Report Fonn (attached to this pemlit) and submitted to the

Department and to EPA every 12 months. This report is due no later than 30 days after each

anniversary ofthe date of permit issuance.

6.1.1 For sources that have submitted air dispersion modeling that demonstrates compliance

with state and federal ambient air quality standards, in accordance with Section 300.D.IO of

20.2.70 NMAC or Section 302.A.4 of 20.2.72 NMAC, compliance with the terms and conditions

of this permit regarding source emissions and operation shall be deemed to be compliance with

state and federal ambient air quality standards (20.2.3 NMAC NMAAQS and 40 CFR 50

NAAQS).

This condition is pursuant to Paragraph 3 of Subsection E of20.2.70.302 NMAC.

6.2 The permittee shall allow representatives ofthe Department, upon presentation of credentials

and other documents as may be required by law, to do the following:

6.2.1 enter the permittee's premises where a source or emission unit is located, or where records
Permit No: P149 12

6.2.1 enter the permittee's premises where a source or emission unit is located, or where records

that are required by this permit to be maintained are kept,

6.2.2 have access to and copy, at reasonable times, any records that are required by tIlls permit to

be maintained,

6.2.3 inspect any facilities, equipment (including monitoring and air pollution control

equipment), work practices or operation regulated or required under the permit,

6.2.4 sample or monitor any substances or parameters for the purpose of assuring compliance

with this permit or applicable requirements or as otherwise authorized by the federal Act.

Conditions of 6.2 are pursuant to Paragraph 1 of Subsection G of20.2.70.302 NMAC.

6.3 A copy of this permit shall be kept at the permitted facility and shall be made available to

Department personnel for inspection upon request. This condition is pursuant to Paragraph 3 of

Subsection G of 20.2.70.302 NMAC.

7.0 EMERGENCIES

7.1 An "emergency" means any situation arising from sudden and reasonably unforeseeable

events beyond the control of the permittee, includmg acts of God, which situation requires

immediate corrective action to restore normal operation, and that causes the source to exceed a

technology- based emission limitation lmder the permit due to unavoidable increases in

emissions attributed to the emergency. An emergency shall not include noncompliance to the

extent caused by improperly designed equipment, lack of preventive maintenance, or careless or

improper operation.

7.2 An emergency constitutes an affirmative defense to an action brought for noncompliance

with technology-based emission limitations contained in tills permit if the pemnittee has

demonstrated through properly signed, contemporaneous operating logs, or other relevant

evidence that:

(a) An emergency occurred and that the permittee can identify the

causes ofthe emergency;

(b) This facility was at the time being properly operated;

(c) During the period of emergency the permittee took all reasonable

steps to minimize levels of emissions that exceeded the emission

standards or other requirements in this permit;
Permit No: P149 13

(d) The permittee fulfilled notification requirements under condition 5.3 of

this permit.This notice must contain a description of the emergency,

any steps taken to mitigate emissions, and corrective actions taken.

7.3 In any enforcement proceeding, the pennittee seeking to establish the occurance of an

emergency has the burden of proof.

704 This provision is in addition to any emergency or upset prOVISIOn contained in any

applicable requirement, that this facility shall not be subject to the provisions of 20 NMAC2.7

(Excess Emissions during Malfunction, Startup, Shutdown, or Scheduled Maintenance) for

terms and conditions contained in this permit.

The conditions of Section 7.0 are pursuant to Subsections A and D of20.2.70.304 NMAC.

8.0 PERMIT REOPENING AND REVOCATION

8.1 This permit will be reopened and revised when anyone of the following conditions occurs,

and may be revoked and reissued when 8.1.3 or 8.1.4 occurs:

8.1.1 Additional requirements under the federal Act become applicable to this source three (3) or

more years before the expiration date of this permit. If the effective date of the requirement is

later than the expiration date ofthis permit, then the p~rmit is not required to be reopened unless

the original permit or any of its terms and conditions has been extended due to the Department's

failure to take timely action on a request by the permittee to renew this peimit.

8.1.2 Additional requirements, including excess emissions requirements, become applicable to

this source under Title IV of the federal Act (the acid rain program). Upon approval by the

Administrator, excess emissions offset plans will be incorporated into this peimit.

8.1.3 The Department or the Administrator determines that the permit contains a material

mistake or that inaccurate statements were made in establishing the terms and conditions of the

permit.

8.104 The Department or the Administrator detennines that the permit must be revised or revoked

and reissued to assure compliance with an applicable requirement.

Conditions of8.1 are pursuant to Paragraph 1 of Subsection A of20.2.70.405 NMAC.

8.2 Proceedings to reopen or revoke this permit shall affect only those parts of this permit for

which cause to reopen or revoke exists. Emissions units for which permit conditions have been

revoked shall not be operated until new permit conditions have been issued for them. This

condition is pursuant to Paragraph 2 of Subsection A of20.2.700405 NMAC.
Permit No: P149

9.0 RISK MANAGEMENT PLAN

14

This facility is subject to the requirement for a Risk Management Plan (RMP) under 40CFR68.

The owner or operator shall certifY annually, as described in Section 6.1 of this permit, that they

have developed and implemented a RMP and are in compliance with 40CFR68. This condition

is pursuant to Paragraph 1 of Subsection A of20.2.70.302 NMAC.

APPEAL PROCEDURES

Any person who participated in this permitting action before the Department and who is adversely

affected by the action taken by the Department concerning tIns permit, may file a petition for a

hearing before the Environmental Improvement Board ("board"). The petition must be made in

writing to the board within thirty (30) days from the date notice is given ofthe Department's action.

This petition must specifY the portions of the permitting action to which the petitioner objects and

certify that a copy ofthe petition has been mailed or hand-delivered as required by Paragraph 2 of

Subsection A of 20.2.70.403 NMAC; a copy of the permitting action for which review is sought

must be attached to the petition. Upon receipt of the appeal notice, the petitioner must mail or

deliver a copy ofthe petition to the Department, and to the applicant or permittee ifthe petitioner is

not the applicant/permittee. Requests for a hearing shall be sent to:

Secretary, New Mexico Environmental ~lprovement Board

1190 St. Francis Drive, Runnels Bldg.

P.O. Box 26110

Santa Fe, New Mexico 87502

Unless a timely request for a hearing is made, the decision of the Department will be final. If a

timely request for hearing is made, the board will hold a hearing within sixty (60) days ofreceipt of

the petition in accordance with the New Mexico Air Quality Control Act NMSA 1978 § 74-2-7 and

Paragraph 3 of Subsection A of 20.2.70.403 NMAC.

Any person who is adversely affected by an administrative action taken by the board pursuant to

Subsection A of 20.2.70.403 NMAC may appeal to the Court of Appeals in accordance with New

Mexico Air Quality Control Act NMSA 1978 § 74-2-9. Petitions for judicial review must be filed

no later than thirty (30) days after the administrative action. This condition is pursuant to

Subsection B of 20.2.70.403 NMAC and New Mexico Air Quality Control Act NMSA 1978 § 74-

2-9.

SUBMITTAL OF REPORTS AND CERTIFICATIONS

Test protocols, excess emission forms, test reports, compliance notifications, monitoring results and

reports, emissions sampling and measurement data, monitoring activity reports, compliance

schedule
Permit No: P149 15

progress reports, and any other compliance status information required by this permit shall be

certified by the responsible official and submitted to:

Program Manager, Compliance &Enforcement Section

New Mexico Environment Department

Air Quality Bureau

2048 Galisteo Street

Santa Fe, New Mexico 87505

Questions about this permit should be referred to Bhanu P. Ram ofthe Operating Permit Unit ofthe

Air Quality Bureau in Santa Fe at (505) 955-8015

Additional copies of the attachments can be downloaded from the NMED web site at URL

bttp·/iwww nmenv state 11m lIs/agb/app fOlm btml for your convenience.

Attachments: 1) Excess Emission Form (for reporting deviations and emergencies)

2) Compliance Certification Report Form

3) Acronyms

4) SOP for Stack Test Protocol

5) SOP for Contents of Stack Test Reports
Permit No: P149

APPENDIX A

Table 1: APPLICABLE REQUIREMENTS FOR T~nS FACILITY

16

Applicable Requirements Federally Entire Unit Nos.

Enforceable Facility

20.2.3 NMAC - Preamble and Ambient X X

Air Quality Standards

20.2.61 NMAC - Smoke and Visible X 47, and 66

Emissions

20.2.70 ~MAC - Oper~ting Permits X X

-_.

20.2.71 NMAC - Operating Permit X X

Emission Fees --

Air Quality Bureau NSR Permit No. 624- X X

M-4 "

20.2.73 NMAC - Notice of Intent and X X

Emissions Inventory Requirements -- I---. 1-.

20.2.82 NMAC - Maximum Achievable X X

Control Technology Standards For

Hazardous Air Pollutants

40CFR50 - National Ambient Air X X

Quality Standards - -_.

40CFR63, Subpart MMMMM - X X

National Emission Standards for

Hazardous Air Pollutants: Flexible

Polyurethane Fabrication Operations 1--_... -

40CFR63, Subpart A - General X X

Provisions

40CFR68 - Risk Management Plan X X

Provisions
Permit No: P149

APPENDIX A

Table 2 The Department has determined that the following requirements identified

in the Permit Application are not Applicable Requirements for this facility.

17

Applicable Requirements as identified in the Not Applicable No Requirements

Permit Application For This Facility (2)

(1)

20.2.72 NMAC Construction Pennit X

20.2.75 NMAC Construction Pelmit Fees X

20.2.1 NMAC General Provisions X

20.2.5 NMAC Source Surveillance X

20.2.7 NMAC Excess Emissions During Malfunction, X

Startup, Shutdown, or Scheduled Maintenance

20.2.8 NMAC Emissions Leaving New Mexico X

- 40CFR61, Subpart M - National Emission Standards For X

Asbestos

40CFR51 - National Ambient Air Quality Standards - Nonattainment Program X

(l) No existing or planned operation/activity at this facility triggers the applicability

ofthese requirements.

(2) Although these regulations may provide guidance, they do not impose any specific

requirements on the operation ofthe facility as described in this permit.
TABLE 'I

Foamex - Santa Theresa Plant

PERMIT # P149

APPENDIX B

Hours

of GO NO){ VaG HGL3 Ammonia T0I3 HGN3 Vin Acetate PM10

l-U..;;n..;;it,---#±:---::p:-,r..::..o-::c-:-e.:..ss:.,-:=L.:..:.in:..:e~_l-0=-p!:.e=-r:..::a:=ti:.::o.::n+-.:::lb::..:-h:.:.:r_J-=t..=on:..:-;.:yr:..t-...::lb=--:::hr:""I __-:::to:.:.:n.2-Y.:.jrf.--.:I::.b-...:,:h:-.-rl-t::o.:.:n-2.y~rl _---.-..:I..=b-...::h:-.-r1_..::to::n:...,-y!..:-rl-=lb:....:-h.:::.r-l-_-.:t..=on:..:-;.:yr:..t---=..:lb=--h,::--rJ-..:,:to:::n~-y~r-l-...::lb=--I:::1f_I_:::to:.:.:n2.-y-=-1r i_:.::lb...:-h.:::.rt--=-to::n,--y~rt-l.:..b-,--h:..:ri_-,-to-,n..;;-y'--jr 1 Pourline Stack 2920 0.0 19.7 28.8 0.030 0.044 0 0.19

1--.:.2±P;-o..;;u-::rli..;;n_e-::S:c'-ta'---c'-:-k'-- l-_---:2:-:9:.::2:.::o+-_-1__-l-__I 0=-.:..::0_1-~1_=5.:..:.7:-1 2?.9 0.030 0.044 0 0.15

HPourline Stack 2920 0.0 1.5 2.2 0.030 0.044 0 0.01

4l;P-:;o_L_lrl;-in-;e_S_t_ac_k-;-__-t-_----'2:=,9::::2::-:0:+--:::--=-if.-:::-=+-::--:-t---_-::O.:.,:.0:-+---.:0:.::.3::--1 0.5 0.034 O. 050 0.00

5r.L::;;ib:...:e.:..:.rty:L7L.:..:.a;:.:m:.::l:.:;na=-t:.:.o,-r__+-__8=-7=-=6~0 0.3 0.3 0.1 0.7 2.7 11.7 =P1.11--....,.4-=.6:-=3-1-I---I---+-- 0.04 0.18 I 25 Liberty Laminator 8760 0.3 1.4 0.1 0.7 2.7 11.7 . . 1'01 4.63 , 1-_1:...:..=.3.1_-...:.:5.,-=-9~ 0.18

6 Baumer Loop Slitter 8760 -ll-'---O":".7~----':''--j---'2-'.-'7+-----'O-'-'.5-'+----1 0.04

t---=26:::-1::B:-:-a":"u";;m";;e":"r7L":"o--'oPc..-.::S-::litt:':"e:":r-+-~8=::7:-:6:"='ol I 2.7 05

46 Baumer Loop Slitter2 8760 2.7 0.5

41 Ammonia Batch Tank 8760

0.35

0.17 0.74

1-_4-;:4:;-I-;:B:;-u_n_R_o;--o..;;m.....,....Ex_h;-a_u_st.:.---!I-_-.:8;-:7-.:6-.:0+_---:-::-+-:-:=:-=-li_..,..-_l-__-=-=_1__0::.:.~0_1 0.05 0.011 0.05

r-_4;;-:7:;i;:F:;-la_m_e-;-La..;;m-:'-'in_a;-to.c..r__-j-_--:8:-:1-.:0~0+--4;.:-.6::-+:,:-·c1:.::8:.::.7=+_1.:..:.~6_+_--6::..:.~5.+-~6:.::.5:....:'l_2=.:6:..: ..::.3-l--...:1...:.4.:..;.1+-::5=-7:.::.2:.....j l- l-_0.'-:05+-....,0-.2.,...0:-1--11:--..~0044"7755 4

4

..2

23

3 3.7 1 14.9::1 I r'_6;;-:6;:t;:;F:;-;la;;::;m:-;e~L;-a_m_:;in_;::a;--t-or~---+---:8:_::1:-::0_::0t-....:4.:..:.6'--l_-'-1..::..8.:..o.7-j-"""--'.1:..:.6'-+ __6=-...;::.5_+_-6=.:..=.5+__-=2:.::6.:..;.3:..-;_-....:1....:4..:...1'-+---=5..:..7.:.::2+_-1 --l_..::0~.0::..:5+....:0::..: ..::.20=-t_...:.:..::::....:..=..l_=:....1---j---+__.:3:-'-.7:-1·~ 65 PVC Silo wI Baghouse 8760. /' I 0.1

Building Fugitives na 2.84 I -- 1

~===~=T-O~T";;A=L~-A'-"-L";;L~~S-O'-'--'-U-R'--C--E--s-_-.j.-t---------------+1-9-.g+r--:----3-g.-1-'--4.-0...1---1-4-A-I---6-3-.7-.,-.-13-4-.8-1---2-S-4-1--1-1-4-.7-T-?-=-.-:C3-1---·-1O-.4..,.-+--0-.44---:0:-.8::-1--2=--.-:-1-l-....,8:--.5:::-+--:-1--:.3+--=5.-=9+1--=7~.6~

NOTES: 1. All particulate matter is PM 10

2. Emissions from Unit 46 (Baumer Loop Slitter) will be emitted through a ventilation system

3 Estimates only

CO =Carbon Monoxide, Nox =Oxides of f\litrogen, vac =Volatile Organic Compounds

HCL =Hydrogen Chloride, TOI - Toluene Oiisocyanate, HCN = Hydrogen Cyanide

PM10 = Particulate Matter smaller than "10 Microns,
APPENDIX C

Table 1 to Subpart MMMMM of Part 63.--Emission Limits

[As stated in Sec. 63.8790(a), you must comply with the emission

limits in the following table:]

For ... -'

1. Each existing, new, or reconstructed

loop slitter adhesive use affected

source.

2. Each new or reconstructed flame

lamination affected source.

3. Each existing flame lamination

affected sources.

not.ification

YOU must .

Not use any HAP-based

adhesives.

Reduce HAP emissions by 90

percent.

There are no emission limits

for existing flame lamination

sources. However, you must

submit an initial

APPENDIX C

per Sec. 63.8816(b)

Table 2 to Subpart MMMMM of Part 63.--0perating Limits for New or

Reconstructed Flame Lamination Affected Sources

[As stated in Sec. 63.8790(b), you must. comply with the operating

limits in the following table;]

For each .

1. Scrubbe~[ .

? Other type of control device to which

flame lamination emissions are ducted.

You must .

a. Maintain the daily

average scrubber inlet

liquid flow rate above

the minimum value

established during the

performance test.

b. Maintain the daily

average scrubber

effluent pH within the

operating range value

established during the

performance test.

c. If you use a venturi

scrubber, maintain the

daily average pressure

drop across the venturi

within the operating

range value established

during the performance

test.

Maintain your operating

parameter(s) within the
ranges established

during the performance

test and according to

your monitoring plan.

APPEJ>ID IX C

Table 3 to Subpart MMMMM of Part 63.--Performance Test Requirements

for New or Reconstructed Flame Lamination

Affected Sources

[As stated in Sec. 63.8800, you must comply with the

requirements for performance tests for new or

reconstructed flame lamination affected sources in the following table

using the requirements in rOlolS 1 through

5 of the table if you are measuring Hel and using a scrubber, row 6

if you are measuring HCN and using a

scrubber, and row 7 if you are using any other

control device:]

------------------------For each new or

lamination affected source, you

According to the following requirements

must ..

reconstructed flame

Osing

1. Select sampling port I s location l'1ethod 1 or lA in appendix

Sampling sites must be located at the inletand the number of traverse ports. [1. to part 60 of this and

outlet of the scrubber and prior to any

chapter.

releases to the atmosphere.

2. Determine velocity......... Method 2, 2A, 2C, 20, 2F,

or 2G in appendix A to

part 60 of this chapter.

3. Determine gas molecular weight.. Not applicable .

Assume a molecular weight of 29 (after

moisture correction) for calculation

purposes.

4. Measure moisture content of the Method 4 in appendix A to

stack gas. part 60 of this chapter.

5. Measure Hel concentration if you a. Method 26A in appendix A i.

Measure total HCl emissions and determine

use chlorinated fire retardants in to part 60 of this chapter. the

reduction efficiency of the control

the laminated foam.

device using Method 26A.

ii.

Collect scrubber liquid flow rate,

scrubber effluent pH, and pressure drop
(pressure drop data only required for venturi

scrubbers) every 15 minutes duri.ng the entire

duration of each l-hour test run, and

determine the average scrubber liquid flow

rate, scrubber effluent pH, and pressure drop

(pressure drop data only required for Venturi

scrubbers) over the period of the performance

test

by computing the average of all of the

15-

minute readings.

6. Measure HCN concentration II you a. A method approved by the i.

Conduct the performance test according to

do not use chlorinated fire Administrator. the

site-specific test plan submitted

retardants in the laminated foam.

according to Sec. 63.7 (c) (2.) (i). Measure

total HCN emissions and determine the

reduction efficiency of the control device.

Any

performance test which measures HCN

concentrations must be submitted for the

administrator's approval prior to testing.

You

must use EPA Method 301 (40 CFR part 63,

Appendix Jl.) to validate your method.

ii.

Collect scrubber liquid flow rate,

scrubber effluent pH, and pressure drop

(pressure drop data only required for venturi

scrubbers) every 15 minutes during the entire

duration of each i-hour test run, and

determine the average scrubber liquid flow

rate, scrubber effluent pH, and pressure drop

(pressure drop data only required for venturi

scrubbers) over the period of the performance
test

by computing the average of all of the

15-

minute readings.

7. Determine control device a. EPJI.-approved methods and i.

Conduct the performance test according to

efficiency and establish operating data from the continuous the

site-specific test plan submitted

parameter limits with which you parameter monitoring

according to Sec. 63.7 (c) (2) (i) .

will demonstrate continuous system. ii.

Collect operating parameter data as

compliance with the emission limit

specified in the site-specific test plan.

that applies to the source if you

use any control device other than

a scrubber.

APPENDIX C

Table 4 to Subpart lvlMMfVlM of Part 63. --Initial Compliance With Emission

Limits

[As stated in Sec. 63.8806, you must comply with the requirements to

demonstrate initial compliance with the applicable emission limits in

the following table:]

For .

initial

1. Each new, reconstructed,

or existing loop slitter

adhesive use affected

source.

2. Each new or reconstructed

flame lamination affected

measured

source using a scrubber.

3. Each new or reconstructed

flame lamination affected

measured

source using any other

control device emissions by.

For the following

emission limit

Eliminate use of HAPbased adhesives.

Reduce HAP emissions

by 90 percent.

Reduce HAP emissions

by 90 percent.

You have

demonstrated

compliance if .

You do not use HAPbased adhesives.

The average HF"P

emissions,

over the period of

the performance

test(s), are

reduced by 90

percent..

The average HAP

emissions,

over the period of

the performance

test(s), are

reduced by 90

percent.
APPENDIX C

Table 5 to Subpart MMMMM of Part 63.--Continuous Compliance With

Emission Limits and Operating Limits

[P-.s stated in Sec. 6.3.8812(a), you must comply with the requirements

to demonstrate continuous compliance with the applica.l?le emission

limits

or operating limits in the following table:]

Eliminate use of HAP- Not using HAP-based

based adhesives. adhesives.

demonstrate

For

1. Each new, reconstructed,

or existing loop slitter

affected source.

2. Each new or reconstructed

flame lamination affected

source using a scrubber.

requirements

For the following

emission limits or

operating limits

a. Maintain the

daily average

scrubber inlet

liquid flow rate

above the minimum

value established

during the

performance.

b. [Vlaintain t:he

daily average

scrubber effluent

pH within the

operating range

established during

the performance

test.

c. Maintain the

daily average

pressure drop

across the venturi

within the

operating range

established during

the performance

test. If you use

another type of

scrubber (e.g.,

packed bed or spray

tower scrubber),

monitoring pressure

drop is not

required.

You must

continuous

compliance by .

i. Collecting the

scrubber inlet

liquid flow rate

and effluent pH

monitoring data

according to Sec.

63.8804(a) through

(c) .

ii. Reducing the

data to l-hour and

daily block

averages according

to the

in Sec.

6.3.8804(a)

iii. Maintaining

each daily average

scrubber inlet

liquid flow rate

above the minimlm

value established

during the

performance test.

iv. Maintaining the

daily average

scrubber effluent

pH within the

operating range

established during

the pe.rformance

test.

v. If you use a

venturi scrubber,

maintaining the
3. Each new or reconstructed

flame lamination affected

parameter

source using any other

control device.

requirements

the

range

a. fvlaintain the

daily average

operating

parameters above

the minimum value

established during

the performance

test, or within the

range established

during the

performance test,

as applicable.

APPEl>1D IX C

daily average

pressure drop

across the venturi

within the

operating range

established during

_the performance

"test.

i. Collected the

operating

data according to

the site-specific

test plan.

E. Reducing the

data to one-hour

averages according

to the

in Sec.

63.8804(a).

iii. Maintaining

daily average

during the rate

above the minimum

value established

during the

performance test,

or within the

established during

the performance

test, as

applicable.

Table 6 to Subpart MMMMM of Part 63.--Requirements for Reports

[As stated in Sec. 63.8818(a), you must submit a compliance report

that includes the information in Sec. 63.8818(e) through (g) as well

as the information in the following t.able. Rows 1 and 3 of the

following

table apply to loop slitter affected sources. Rows 1 through 5 apply

to

flame lamination affected sources. You must also submit startup,

shutdown, and malfunction reports according to the requirements in the

following table if you own or operate a new or reconstructed flame

lamination affected source:]

If .

Then you must submit a report

or statement that .
1. There are no deviations from any

emission limitations that apply to you.

2. There were no periods during which

the operating parameter monitoring

systems were out-of-control in

accordance with the monitoring plan.

3. There was a deviation from any

emission limitation during the

reporting period.

4. There were periods during which the

operating parameter monitoring systems

were out-of-control in information in

accordance with the monitoring plan.

5. There was a startup, shutdown, or

malfunction where the source did not

meet the emission limitations set out

in Sec. 63.8790 at a new or

reconstructed flame lamination

affected source during the reporting

period that is not consistent with

your startup, shutdown, and

malfunction plan ..

There were no deviations from

the emission limitations

during the reporting period.

There were no periods during

which the CPMS were out-ofcontrol during the reporting

period.

Contains thi"information in

Sec. 63.8818(e)(5).

Contains the information in

Sec. 63.8818 (f) (3).

Contains the information in

Sec. 63.8818(i).

APPENDIX C

Table 7 to Subpart MMMLvJt"'! of Part 63. --lI.pplicability of General

Provisions to Subpart MMMMM

[lI.s stated in Sec. 63.8826, you must comply with the applicable

General Provisions requirements according t~

the followi.ng table:]

Citation

to subpart V~MMM Explanation

Requirement lI.pplies

Sec. 63.2 .

Yes " " .

Sec. 63.1 . Initial Yes.

applicability

determination;

applicability after

standard

established; permit

requirements;

extensions;

notifications.

Definitions "

Additional

definitions are

found i.n Sec.

63.8830.

[ [Page 18 07 8 ] ]
Sec. 63.6(b)(1)-·(4) .

Yes " '" .

Sec.

Sec.

Sec.

Sec.

63.3 .

63.4 .

63.5 .

63.6 (a) .

Units and Yes.

abbreviations.

Prohibited Yes.

activities;

compliance date;

circumvention,

severability.

Construction! Yes.

reconstruction

applicability;

applications;

approvals.

Compliance with Yes.

standards and

maintenance

requirementsapplicability.

Compliance dates for

Sec. 63.8786

new or

specifies

reconstructed

Yes " , .

compliance dates.

Sec.

Sec.

Sec.

63.6(b) (5) .

63.6(b)(6) .

63.6(b) (7) .

sources.

Notification if Yes.

commenced

construction or

reconstruction

after p.roposal.

[Reserved].......... Yes.

Compliance dates for

Sec. 63.8786

new o.r

specifies

compliance dates.

Sec. 63.6(c) (1)-(2) .

Yes '" .

specifies

compliance dates.

Sec. 63.6(c) (3)-(4) .

Sec. 63.6(c) (5) .

Yes '" .. " .

specifies

reconstructed area

sources that become

major.

Compliance dates for

Sec. 63.8786

existing sources.

[Reserved] Yes.

Compliance dates for

Sec. 63.8786

existing area

sources that become

compliance dates.

Sec.

Sec.

63.6 (d) .

63.6(e) (1) .

major.

[Reserved] .

Operation and

maintenance

Yes.

Yes.
Sec. 63.6(e) (2) .

Sec. 63.6(e)(3) .

Yes , " , .

or reconstructed

flame lamination

affected sources.

Sec. 63.6(f) (1) ..

Yes .

or reconstructed

flame lamination

requirements.

[Reserved] .

Startup, shutdown,

Only applies to new

and malfunction

plans.

Compliance except

Only applies to new

during SSM.

Yes.

affected sources.

Sec. 63.6(f) (2)-(3)

not specify opacity

(.1:1:9::•................•.............

Sec.

$.ec.

63.6 (g) .

63.6 (h) .

Methods for Yes.

determining

compliance.

Use of an Yes.

alternative

nonopacity emission

Compliance with

Subpart V~MMM does

opacity/visible

emission standards.

or visible emission

Sec. 63.7(a) (1)-(2) .

Yes , .

Sec.

. 6 (i) .

63.6 (j) .

Extension of

compliance with

emission standards.

Presidential

compliance

exemption.

Performance test

Except for loop

dates.

Yes .

Yes.

slitter affected

sources as

specified in in

Sec.

Sec.

Sec.

63.8798(a).

63.7(a) (3) ...••.•.........

63.7 (b) •..•.•...•.....•.•.

Administrator's

section 114

authorit.y to

require a

performance test.

Notification of

performance test

and rescheduling.

Yes.

Yes.
Sec. 63.8 applies

specified, all of

Sec. 63.8(a) (1)-(2) .

Yes " . '" .

Sec.

Sec.

Sec.

Sec.

Sec.

Sec.

63.7 (c) .

63.7 (d) .

63.7(e)(1) .

63.7 (f) .

63.7 (g) .

63.7 (h) .

Quality assurance Yes.

program and sitespecific test plans.

Performance testing Yes.

facilities.

Conditions for Yes.

conducting

performance tests:

Use of an Yes.

alternative test

method.

Performance test Yes.

data analysis,

recordkeeping, and

reporting.

Waiver of Yes.

performance tests.

Applicability of

Unless otherwise

monitoring

requirements.

only to new or

reconstructed flame

lamination sources.

Additional

monitoring

requirements for

these sources are

found in Sec. Sec.

63.8794(£) and

(g) and 63.8804.

Sec. 63.8(a)(3) .

Sec. 63.8(a) (4) .

No .

not refer directly

or indirectly to

[Reserved] .

Monitoring with

Subpart MMMMM does

flares.

Yes.

Sec.

Sec.

63.11.

63.8 (b) , , . Conduct of

monitoring and

procedures when

there are multiple

effluents and

Yes.
Sec. 63.8 (c) (1)-(3) .

Yes "

by Sec.

63.8794(£) and (g).

Sec. 63.8 (c) (4) ••.•.....•.••..•

Yes , .

by Sec.

63.8794 (g) .

[ [Page 1807 9 J ]

Sec. 63.8(c)(5) ..

No .

not have opacity or

visible emission

standards.

Sec. 63.8 (c) (6) .

Yes .

by Sec.

63.8794(£).

Sec. 63.8 (c) (7)-(8) ..

Sec. 63.8(d)-(e) .

No .......•..•....................

by Sec.

63.8794(£) and (g).

Sec. 63.8 (f) (1)-(5) .

Sec. 63.8 (f) (6) .

No .

sources that use

continuous

multiple monitoring

systems.

Continuous

Applies as modified

monitoring system

(CMS) operation and

maintenance.

Continuous

Applies as modified

monitoring system

requirements during

breakdown, out-ofcontrol, repair,

maintenance, and

high-level

calibration drifts.

Continuous opacity

Subpart MMMMM does

monitoring system

(COMS) minimum

procedures.

Zero and high level

Applies as modified

calibration checks.

Out-or-control

periods, including

reporting.

Quality control

Applies as modified

program and eMS

performance

evaluation.

Use of an

alternative

monitoring method.

Alternative to

Only applies to

relative accuracy

test.

Yes.

Yes.
emissions

monitoring systems

(CEMS) .

Sec. 63.8(g) .

Yes .

by Sec.

63.8794 (g) .

Sec. 63.9(a) .

Sec. 63.9(b) .

Yes .

63.8816(c) requires

ne'rl or

reconstructed

affected sources to

submit the

application for

construction or

reconstruction

required by Sec.

63.9(b)(1)(iii) in

lieu of the initial

Data reduction .

.:ro.pplies as modifl'e-d"

Notification Yes.

requirements--appli

cability.

Initial

Except Sec.

notifications.

notification.

Sec. 63.9 (c) .

Sec. 63.9(d) .

Sec. 63. 9 (e) .

Sec. 63.9(f) .

No .

not have opacity or

visible emission

Request for

compliance

extension.

Notification that a

new source is

subject to special

compliance

requirements.

Notification of

performance test.

Notification of

Subpart MMM~~ does

visible emissions/

opacity test.

Yes.

Yes.

Yes.
standards.

Sec. 63.9(g) (1) .

Sec. 63.9(g) (2) .

No :" .

not require the use

of COMS.

Sec. 63.9(g) (3) ..

No .

sources with CEMS.

Sec. 63.9(h) .

Sec. 63.9(i) ..

Sec. 63.9(j) .

Sec. 63.10(a) .

Sec. 63.10(b)(1) .

Yes .

and 63.8822 specify

additional

recordkeeping

requirement.s.

Sec. 63.10(b) (2) (i)-(xi) .

Yes .

or reconstructed

flame lamination

Additional CMS Yes.

notifications--date

of CMS performance

evaluation.

Use of COMS data ....

Subpart tvJrvlMMM does'

Alternative to

Applies only to

relative accuracy

testing.

Notification of Yes.

compliance status.

Adjustment of Yes.

submittal deadlines.

Change in previous Yes.

information.

Recordkeeping/ Yes.

reporting

applicability.

General

Sec. Sec. 63.8820

recordkeeping

requirements.

Records related to

Only applies to new

startup, shutdown,

and malfunct.ion

periods and eMS.

Sec. 63.l0(b) (2) (xiii) .

No .

affect.ed sources.

Sec. 6.3.l0(b) (2) (xii) Records when under Yes.

waiver.

Records when using

Applies only to

alternative to

sources with CEMS.

Sec.

relative accuracy

test.

63.10 (b) (2) (xiv) . . . . . . . . .. All documentation

supporting initial

notification and

notification of

compliance status.

Yes
Sec. 63.10(b)(3) .

Sec. 63.10(c) , .

Yes " .

by Sec.

63.8794 (g) .

Sec. 63.10(d) (1) ..

Yes .

specifies

additional

reporting

Recordkeeping

requirements for

applicability

determinations.

Additional

Applies as modified

recordkeeping

requirements for

sources with CMS.

General reporting

Sec. 63.8818

requirements.

Yes.

requirements.

Sec. 63.10(d) (2) Performance test Yes

Sec. 63.10(d)(3) .

No .

not specify opacity

or visible emission

results.

Opacity or visible

Subpart MMMMM does

emissions

observations.

standards.

Sec. 63.10(d) (4) Progress reports for Yes.

Sec. 63.10(d) (5) ..

Yes " .

or reconstructed

flame lamination

affected sources.

Sec. 63.10 (e) (1) .

Yes '" " .

by Sec.

63.8794 (g) .

Sec. 63.10 (e) (2) (i) .

Yes .

by Sec.

63.8794 (g) .

sources with

compliance

extensions.

Startup, shutdown,

Only applies to new

and malfunction

reports.

Additional CMS

Applies as modified

reports--general.

Results of CMS

Applies as modified

performance

evaluations.
Sec. 63.10(e) (2) .

No .

require the use of

COMS.

Sec. 63.10(e)(3) .

Yes .

or reconstructed

flame lamination

affected sources.

Sec. 63.10 (e) (4) .

No .

not require the use

F..esults of

Subpart ~~MMM does

continuous opacity

monitoring systems

performance

evaluations.

Excess emissions/CMS

Only applies to new

performance reports.

Continuous opacity

Subpart MMMMM does

monitoring system

data reports.

of COMS.

Sec. 63.10(f) Recordkeeping/

reporting waiver.

[ [Page 18080]]

Yes

Sec. 63.11 .

No .

to subpart MMMMM do

not use flares as

control devices.

Sec. 63.12 .

Yes .

those sections of

subparts MMMMM and

A that are not

Control device

Faciliti£;.s subj ect

requirements--appli

cabiEty.

State authority and

Sec. 63.8828 lists

delegations.

delegated.

Sec. 63.13. . . . . . . . . . . . . . . . . . . .. Addresses........... Yes.

Sec. 63.14 .

Yes .

not incorporate any

material by

reference.

Incorporation by

Subpart MMMMM does

reference.
Sec. 63.15. . . . . . . . . . . . . . . . . . . .. Availability of

information/

confidentiality ..

Yes.
WORKSHEET FOR DATA SUPPORTING EMISSION FEE DETERMINATION

Title V Source: r rJ~(m(! :7{ L.j'J Sa?7!d 1t?-'f'e..Jt? NSR Permit No: m~/;J - //1f·

Title V source Owner j:'OCN71d'J( t-, P Operating Permit No: jJl/iej' I

If-I' 0

~;~~IR~~~------·-----_·--11 3i· [,7

jff;;;' 0

to· CJ

3Ji/;· C? ()

*Include permitted allowable quantities, plus maximum potential quantities that do not have a permit limit.

* Calculate HAPs at the HAP rate of $15Olton only ifthe facility is major only for HAPS, otherwise calculate HAPs as

VOCs

*Do not apply fees to: Standby Equipment

Fugitives (unless allowable)

Fugitive Process Equipment

Insignificant Activities

External Floating RoofTanks

Cooling Towers

. API OillWater Separators

Horizontal Cylinder Tanks

CC: Permit File

Fee Engineer
Appendix G: 

New Mexico State Regulations Pertaining to Volatile Organic Compounds and Carbon 

Dioxide Emissions 
20.2.70 NMAC – Operating Permits
20.2.70 NMAC September 6, 2006 1

TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 70 OPERATING PERMITS

20.2.70.1 ISSUING AGENCY: Environmental Improvement Board. 

[11/30/95; 20.2.70.1 NMAC - Rn, 20 NMAC 20.2.70.100 06/14/02] 

20.2.70.2 SCOPE: All persons who own or operate a major source or any other source required to obtain a 

permit under this Part. 

[11/30/95; 20.2.70.2 NMAC - Rn, 20 NMAC 20.2.70.101 06/14/02] 

20.2.70.3 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) and (D). 

[11/30/95; 20.2.70.3 NMAC - Rn, 20 NMAC 20.2.70.102 06/14/02] 

20.2.70.4 DURATION: Permanent. 

[11/30/95; 20.2.70.4 NMAC - Rn, 20 NMAC 20.2.70.103 06/14/02] 

20.2.70.5 EFFECTIVE DATE: 11/30/95, except where a later date is cited at the end of a section. 

[11/30/95; 20.2.70.5 NMAC - Rn, 20 NMAC 20.2.70.I.104, 06/14/02; A, 9/6/06] 

[The latest effective date of any section in this Part is 9/6/06.] 

20.2.70.6 OBJECTIVE: The objective of this Part is to establish the requirements for obtaining an 

operating permit. 

[11/30/95; 20.2.70.6 NMAC - Rn, 20 NMAC 20.2.70.105 06/14/02] 

20.2.70.7 DEFINITIONS: In addition to the terms defined in 20.2.2 NMAC (definitions), as used in this 

part the following definitions shall apply. 

A. "Acid rain source" has the meaning given to "affected source" in the regulations promulgated 

under Title IV of the federal act, and includes all sources subject to Title IV of the federal act. 

B. "Affected programs" means all states, local air pollution control programs, and Indian tribes and 

pueblos, that are within 50 miles of the source. 

C. "Air pollutant" means an air pollution agent or combination of such agents, including any 

physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct 

material) substance or matter which is emitted into or otherwise enters the ambient air. Such term includes any 

precursors to the formation of any air pollutant, to the extent the administrator has identified such precursor or 

precursors for the particular purpose for which the term "air pollutant" is used. This excludes water vapor, nitrogen 

(N2), carbon dioxide (CO2), oxygen (O2), methane and ethane. 

D. "Air pollution control equipment" means any device, equipment, process or combination 

thereof, the operation of which would limit, capture, reduce, confine, or otherwise control regulated air pollutants or 

convert for the purposes of control any regulated air pollutant to another form, another chemical or another physical 

state. This includes, but is not limited to, sulfur recovery units, acid plants, baghouses, precipitators, scrubbers, 

cyclones, water sprays, enclosures, catalytic converters, and steam or water injection. 

E. "Applicable requirement" means all of the following, as they apply to a Part 70 source or to an 

emissions unit at a Part 70 source (including requirements that have been promulgated or approved by the board or 

US EPA through rulemaking at the time of permit issuance but have future-effective compliance dates). 

 (1) Any standard or other requirement provided for in the New Mexico state implementation plan 

approved by US EPA, or promulgated by US EPA through rulemaking, under Title I of the federal act to implement 

the relevant requirements of the federal act, including any revisions to that plan promulgated in 40 CFR, Part 52. 

 (2) Any term or condition of any preconstruction permit issued pursuant to regulations approved or 

promulgated through rulemaking under Title I, including Parts C or D, of the federal act, unless that term or 

condition is determined by the department to be no longer pertinent. 

 (3) Any standard or other requirement under Section 111 of the federal act, including Section 111(d). 

 (4) Any standard or other requirement under Section 112 of the federal act, including any 

requirement concerning accident prevention under Section 112(r)(7) of the federal act. 
20.2.70 NMAC September 6, 2006 2

 (5) Any standard or other requirement of the acid rain program under Title IV of the federal act or the 

regulations promulgated thereunder. 

 (6) Any requirements established pursuant to Section 504(b) or Section 114(a)(3) of the federal act. 

 (7) Any standard or other requirement governing solid waste incineration under Section 129 of the 

federal act. 

 (8) Any standard or other requirement for consumer and commercial products under Section 183(e) 

of the federal act. 

 (9) Any standard or other requirement for tank vessels under Section 183(f) of the federal act. 

 (10) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone 

under Title VI of the federal act, unless the administrator has determined that such requirements need not be 

contained in a Title V permit. 

 (11) Any national ambient air quality standard. 

 (12) Any increment or visibility requirement under Part C of Title I of the federal act, but only as it 

would apply to temporary sources permitted pursuant to Section 504(e) of the federal act. 

 (13) Any regulation adopted by the board pursuant to the New Mexico Air Quality Control Act, 

Section 74-2-5(B) NMSA 1978. 

F. "CFR" means the Code of Federal Regulations. 

G. "Draft permit" means a version of a permit which the department offers for public participation 

or affected program review. 

H. "Emission limitation" means a requirement established by US EPA, the board, or the 

department, that limits the quantity, rate or concentration, or combination thereof, of emissions of regulated air 

pollutants on a continuous basis, including any requirements relating to the operation or maintenance of a source to 

assure continuous reduction. 

I. "Emissions allowable under the permit" means: 

 (1) any state or federally enforceable permit term or condition that establishes an emission limit 

(including a work practice standard) requested by the applicant and approved by the department or determined at 

issuance or renewal to be required by an applicable requirement; or 

 (2) any federally enforceable emissions cap that the permittee has assumed to avoid an applicable 

requirement to which the source would otherwise be subject. 

J. "Emissions unit" means any part or activity of a stationary source that emits or has the potential 

to emit any regulated air pollutant or any air pollutant listed pursuant to Section 112(b) of the federal act. This term 

is not meant to alter or affect the definition of the term "unit" for purposes of Title IV of the federal act. 

K. Federally enforceable" means all limitations and conditions which are enforceable by the 

administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within the 

New Mexico state implementation plan, and any permit requirements established pursuant to 40 CFR 52.21 or under 

regulations approved pursuant to 40 CFR Part 51, Subpart I, including 40 CFR 51.165 and 40 CFR 51.166. 

L. "Final permit" means the version of an operating permit issued by the department that has met 

all review requirements of 20.2.70.400 NMAC - 20.2.70.499 NMAC. 

M. "Fugitive emissions" are those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally-equivalent opening. 

N. "General permit" means an operating permit that meets the requirements of 20.2.70.303 NMAC. 

O. "Hazardous air pollutant" means an air contaminant that has been classified as a hazardous air 

pollutant pursuant to the federal act. 

P. "Insignificant activities" means those activities which have been listed by the department and 

approved by the administrator as insignificant on the basis of size, emissions or production rate. 

Q. "Major source" means any stationary source (or any group of stationary sources that are located 

on one or more contiguous or adjacent properties, and are under common control of the same person(s)) in which all 

of the pollutant emitting activities at such source belong to the same major group (i.e., all have the same two-digit 

code), as described in the standard industrial classification manual, 1987, and that is described in Paragraphs (1), (2) 

or (3) below. 

 (1) A major source under Section 112 of the federal act, which is defined as the following. 

 (a) For pollutants other than radionuclides, any stationary source or group of stationary sources 

located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 

10 tons or more per year of any hazardous air pollutant which has been listed pursuant to Section 112 (b) of the 

federal act, 25 or more tons per year of any combination of such hazardous air pollutants (including any major 

source of fugitive emissions of any such pollutant, as determined by rule by the administrator), or such lesser 
20.2.70 NMAC September 6, 2006 3

quantity as the administrator may establish by rule. Notwithstanding the preceding sentence, hazardous emissions 

from any oil or gas exploration or production well (with its associated equipment) and hazardous emissions from 

any pipeline compressor or pump station shall not be aggregated with hazardous emissions from other similar units, 

whether or not such units are in a contiguous area or under common control, to determine whether such units or 

stations are major sources. 

 (b) For radionuclides, "major source" shall have the meaning specified by the administrator by 

rule. 

 (2) A major stationary source of air pollutants that directly emits or has the potential to emit, 100 or 

more tons per year of any air pollutant (including any major source of fugitive emissions of any such pollutant, as 

determined by rule by the administrator). The fugitive emissions of a stationary source shall not be considered in 

determining whether it is a major stationary source for the purposes of this paragraph, unless the source belongs to 

one of the following categories of stationary sources: 

 (a) coal cleaning plants (with thermal dryers); 

 (b) kraft pulp mills; 

 (c) portland cement plants; 

 (d) primary zinc smelters; 

 (e) iron and steel mills; 

 (f) primary aluminum ore reduction plants; 

 (g) primary copper smelters; 

 (h) municipal incinerators capable of charging more than 250 tons of refuse per day; 

 (i) hydrofluoric, sulfuric, or nitric acid plants; 

 (j) petroleum refineries; 

 (k) lime plants; 

 (l) phosphate rock processing plants; 

 (m) coke oven batteries; 

 (n) sulfur recovery plants; 

 (o) carbon black plants (furnace process); 

 (p) primary lead smelters; 

 (q) fuel conversion plant; 

 (r) sintering plants; 

 (s) secondary metal production plants; 

 (t) chemical process plants; 

 (u) fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal 

units per hour heat input; 

 (v) petroleum storage and transfer units with a total storage capacity exceeding 300,000 

barrels; 

 (w) taconite ore processing plants; 

 (x) glass fiber processing plants; 

 (y) charcoal production plants; 

 (z) fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour 

heat input; 

 (aa) any other stationary source category, which as of August 7, 1980 is being regulated under 

Section 111 or 112 of the federal act. 

 (3) A major stationary source as defined in Part D of Title I of the federal act, including: 

 (a) for ozone non-attainment areas, sources with the potential to emit 100 tons or more per year 

of volatile organic compounds or nitrogen oxides in areas classified as "marginal" or "moderate," 50 tons or more 

per year in areas classified as "serious," 25 tons or more per year in areas classified as "severe," and 10 tons or more 

per year in areas classified as "extreme"; except that the references in this paragraph to 100, 50, 25, and 10 tons per 

year of nitrogen oxides shall not apply with respect to any source for which the administrator has made a finding, 

under Section 182(f)(1) or (2) of the federal act, that requirements under Section 182(f) of the federal act do not 

apply; 

 (b) for ozone transport regions established pursuant to Section 184 of the federal act, sources 

with the potential to emit 50 tons or more per year of volatile organic compounds; 

 (c) for carbon monoxide non-attainment areas (1) that are classified as "serious," and (2) in 

which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the 

administrator, sources with the potential to emit 50 tons or more per year of carbon monoxide; and 
20.2.70 NMAC September 6, 2006 4

 (d) for particulate matter (PM10) non-attainment areas classified as "serious," sources with the 

potential to emit 70 tons or more per year of PM10. 

R. "Operating permit" or "permit" (unless the context suggests otherwise) means any permit or 

group of permits covering a source that is issued, renewed, modified or revised pursuant to this part. 

S. "Operator" means the person or persons responsible for the overall operation of a facility. 

T. "Owner" means the person or persons who own a facility or part of a facility. 

U. "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. 

V. "Part 70 source" means any source subject to the permitting requirements of this part, as 

provided in 20.2.70.200 NMAC - 20.2.70.299 NMAC. 

W. "Permit modification" means a revision to an operating permit that meets the requirements of 

significant permit modifications, minor permit modifications, or administrative permit amendments, as defined in 

20.2.70.404 NMAC. 

X. "Permittee" means the owner, operator or responsible official at a permitted Part 70 source, as 

identified in any permit application or modification. 

Y. "Portable source" means any plant that is mounted on any chassis or skids and which can be 

moved by the application of a lifting or pulling force. In addition, there shall be no cable, chain, turnbuckle, bolt or 

other means (except electrical connections) by which any piece of equipment is attached or clamped to any anchor, 

slab, or structure, including bedrock, that must be removed prior to the application of a lifting or pulling force for the 

purpose of transporting the unit. Portable sources may include sand and gravel plants, rock crushers, asphalt plants 

and concrete batch plants which meet this criteria. 

Z. "Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant 

under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit 

an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or 

amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is federally 

enforceable. The potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen. 

AA. "Proposed permit" means the version of a permit that the department proposes to issue and 

forwards to the administrator for review in compliance with 20.2.70.402 NMAC. 

AB. "Regulated air pollutant" means the following: 

 (1) nitrogen oxides, total suspended particulate matter, or any volatile organic compounds; 

 (2) any pollutant for which a national ambient air quality standard has been promulgated; 

 (3) any pollutant that is subject to any standard promulgated under Section 111 of the federal act; 

 (4) any class I or II substance subject to any standard promulgated under or established by Title VI of 

the federal act; or 

 (5) any pollutant subject to a standard promulgated under Section 112 or any other requirements 

established under Section 112 of the federal act, including Sections 112(g), (j), and (r), including the following; 

 (a) any pollutant subject to requirements under Section 112(j) of the federal act; if the 

administrator fails to promulgate a standard by the date established pursuant to Section 112(e) of the federal act, any 

pollutant for which a subject source would be a major shall be considered to be regulated on the date 18 months after 

the applicable date established pursuant to Section 112(e) of the federal act; and 

 (b) any pollutant for which the requirements of Section 112(g)(2) of the federal act have been 

met, but only with respect to the individual source subject to a Section 112(g)(2) requirement. 

AC. "Renewal" means the process by which a permit is reissued at the end of its term. 

AD. "Responsible official" means one of the following. 

 (1) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge 

of a principal business function, or any other person who performs similar policy or decision-making functions for 

the corporation, or a duly authorized representative of such person if the representative is responsible for the overall 

operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and 

either a) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 

million (in second quarter 1980 dollars), or b) the delegation of authority to such representative is approved in 

advance by the department. 

 (2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively. 

 (3) For a municipality, state, federal or other public agency: either a principal executive officer or 

ranking elected official. For the purposes of this part, a principal executive officer of a federal agency includes the 

chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency 

(e.g., a regional administrator of US EPA). 
20.2.70 NMAC September 6, 2006 5

 (4) For an acid rain source: the designated representative (as defined in Section 402(26) of the federal 

act) in so far as actions, standards, requirements, or prohibitions under Title IV of the federal act or the regulations 

promulgated thereunder are concerned, and for any other purposes under 40 CFR, Part 70. 

AE. "Section 502(b)(10) changes" are changes that contravene an express permit term. Such changes 

do not include changes that would violate applicable requirements or contravene permit terms and conditions that 

are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements. 

AF. "Shutdown" means the cessation of operation of any air pollution control equipment, process 

equipment or process for any purpose. 

AG. "Solid waste incineration unit" means a distinct operating unit of any facility which combusts 

any solid waste material from commercial or industrial establishments or the general public (including single and 

multiple residences, hotels, and motels). The term "solid waste incineration unit" does not include: 

 (1) incinerators or other units required to have a permit under Section 3005 of the federal Solid Waste 

Disposal Act; 

 (2) materials recovery facilities (including primary or secondary smelters) which combust waste for 

the primary purpose of recovering metals; 

 (3) qualifying small power production facilities, as defined in Section 3(17)(C) of the Federal Power 

Act (16 U.S.C. 796(17)(C)), or qualifying cogeneration facilities, as defined in Section 3(18)(B) of the Federal 

Power Act (16 U.S.C. 796(18)(B)), which burn homogeneous waste (such as units which burn tires or used oil, but 

not including refuse-derived fuel) for the production of electric energy or in the case of qualifying cogeneration 

facilities which burn homogeneous waste for the production of electric energy and steam or forms of useful energy 

(such as heat) which are used for industrial, commercial, heating or cooling purposes; or 

 (4) air curtain incinerators, provided that such incinerators only burn wood wastes, yard wastes and 

clean lumber and that such air curtain incinerators comply with opacity limitations established by the administrator 

by rule. 

AH. "Startup" means the setting into operation of any air pollution control equipment, process 

equipment or process for any purpose. 

AI. "Stationary source" or "source" means any building, structure, facility, or installation, or any 

combination thereof that emits or may emit any regulated air pollutant or any pollutant listed under Section 112(b) 

of the federal act. 

AJ. "Subsidiary" means a business concern which is owned or controlled by, or is a partner of, the 

applicant or permittee. 

AK. "Temporary source" means any plant that is situated in one location for a period of less than one 

year, after which it will be dismantled and removed from its current site or relocated to a new site. A temporary 

source may be semi-permanent, which means that is does not have to meet the requirements of a portable source. 

Temporary sources may include well head compressors which meet this criteria. 

AL. "Title I modification" means any modification under Sections 111 or 112 of the federal act and 

any physical change or change in method of operations that is subject to the preconstruction regulations promulgated 

under Parts C and D of the federal act. 

[11/30/95; 20.2.70.7 NMAC - Rn, 20 NMAC 2.70.I.107, 06/14/02; A, 11/07/02; A, 9/6/06] 

20.2.70.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This Part amends and 

supersedes Air Quality Control Regulation ("AQCR") 770, - Operating Permits, filed November 15, 1993, as 

amended ("AQCR 770"). The original effective date of AQCR 770 was December 19, 1994, which was the 

effective date of approval, by the Administrator, of the New Mexico operating permit program. (See 59 FR 59656, 

November 18, 1994). 

A. All references to AQCR 770 in any other rule shall be construed as a reference to this Part. 

B. The amendment and supersession of AQCR 770 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 770. 

[11/30/95; 20.2.70.8 NMAC - Rn, 20 NMAC 2.70.106 06/14/02] 

20.2.70.9 DOCUMENTS: Documents cited in this Part may be viewed at the New Mexico Environment 

Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive, Santa Fe, NM 87505 [2048 Galisteo 

Street, Santa Fe, NM 87505]. 

[11/30/95; 20.2.70.9 NMAC - Rn, 20 NMAC 2.70.108 06/14/02] 
20.2.70 NMAC September 6, 2006 6

20.2.70.10 to 20.2.70.199 [RESERVED]

20.2.70.200 PART 70 SOURCES: Operating permits must be obtained from the Department for the 

following sources: 

A. Any major source; 

B. Any source, including an area source, subject to a standard or other requirement promulgated 

under section 111 -- Standards of Performance for New Stationary Sources, or section 112 -- Hazardous Air 

Pollutants, of the Federal Act, but not including any source which: 

 (1) is exempted under subsection B of 20.2.70.202 NMAC; or 

 (2) would be required to obtain a permit solely because it is subject to regulations or requirements 

under section 112(r) of the Federal Act; 

C. Any acid rain source; and 

D. Any source in a source category so designated by the Administrator, in whole or in part, by 

regulation, after notice and comment. 

[11/30/95; 20.2.70.200 NMAC - Rn, 20 NMAC 2.70.200 06/14/02] 

20.2.70.201 REQUIREMENT FOR A PERMIT: 

A. A Part 70 source may operate after the time that it is required to submit a timely and complete 

application under this part only if: 

 (1) the source is in compliance with an operating permit issued by the department or EPA; or 

 (2) a timely permit (including permit renewal) application has been submitted consistent with 

20.2.70.300 NMAC; the ability to operate under these circumstances shall cease if the applicant fails to submit by 

the deadline specified in writing by the department any additional information identified as being needed to process 

the application. 

B. Revocation or termination of a permit by the department terminates the permittee's right to 

operate. 

C. The submittal of a complete operating permit application shall not protect any source from any 

applicable requirement, including any requirement that the source have a preconstruction permit under Title I of the 

federal act or state regulations. 

D, Requirement for permit under 20.2.72 NMAC. 

 (1) Part 70 sources that have an operating permit and do not have a permit issued under 20.2.72 

NMAC or 20.2.74 NMAC shall submit a complete application for a permit under 20.2.72 NMAC within 180 days of 

September 6, 2006. The department shall consider and may grant reasonable requests for extension of this deadline 

on a case-by-case basis. 

 (2) Part 70 sources that do not have an operating permit or a permit under 20.2.72 NMAC upon the 

effective date of this subsection shall submit an application for a permit under 20.2.72 NMAC within 60 days after 

submittal of an application for an operating permit. 

 (3) Paragraphs 1 and 2 of this subsection shall not apply to sources that have demonstrated 

compliance with both the national and state ambient air quality standards through dispersion modeling or other 

method approved by the department and that have requested incorporation of conditions in their operating permit to 

ensure compliance with these standards. 

[11/30/95; 20.2.70.201 NMAC - Rn, 20 NMAC 2.70.II.201, 06/14/02; A, 9/6/06] 

20.2.70.202 SOURCE CATEGORY EXEMPTIONS:

A. The following source categories are exempted from the obligation to obtain an operating permit: 

 (1) All sources and source categories that would be required to obtain a permit solely because they 

are subject to 40 CFR Part 60, Subpart AAA -- Standards of Performance for New Residential Wood Heaters; 

 (2) All sources and source categories that would be required to obtain a permit solely because they 

are subject to 40 CFR Part 61, Subpart M -- National Emission Standard for Hazardous Air Pollutants for Asbestos, 

section 61.145, Standard for Demolition and Renovation; 

 (3) Except as required under sections 20.2.70.500 NMAC - 20.2.70.599 NMAC, any source that 

would be required to obtain a permit solely because of emissions of radionuclides; and 

 (4) Any source in a source category exempted by the Administrator, by regulation, after notice and 

comment. 
20.2.70 NMAC September 6, 2006 7

B. Non-major sources, including those subject to sections 111 or 112 of the Federal Act, are exempt 

from the obligation to obtain a Part 70 (20.2.70 NMAC) permit until such time that the Administrator completes a 

rulemaking that requires such sources to obtain operating permits. 

C. Any source exempted from the requirement to obtain an operating permit may opt to apply for a 

permit under this Part. 

D. No permit for a solid waste incineration unit shall be issued by the Department if a New Mexico 

state agency is responsible, in whole or in part, for the design and construction or operation of the unit. In such 

cases, applications shall be made to the Administrator. Department review or approval of solid waste incineration 

units shall not constitute responsibility for the design, construction, or operation of the unit. 

[11/30/95; 20.2.70.202 NMAC - Rn, 20 NMAC 2.70.202 06/14/02] 

20.2.70.203 EXISTING MAJOR SOURCES WHICH ARE NOT REQUIRED TO HAVE A PERMIT 

UNDER 20.2.72 NMAC (CONSTRUCTION PERMITS):

A. The owner or operator of any major source may reverse or avoid designation as a major source 

under this Part by obtaining a permit under 20.2.72 NMAC (Construction Permits) which includes federally 

enforceable conditions which restrict the potential to emit of the source to non-major emission rates. Such 

conditions may include emissions limitations, process restrictions and/or limitations, restrictions on annual hours of 

operation, or other conditions which reduce the facility's potential to emit. 

B. [REPEALED]

[11/30/95; A, 11/19/97; 20.2.70.203 NMAC - Rn, 20 NMAC 2.70.203 06/14/02] 

20.2.70.204 BERNALILLO COUNTY: For the operation of sources within Bernalillo County, the applicant 

shall make such applications to the Air Pollution Control Division of the Albuquerque Environmental Health 

Department or its successor agency or authority. 

[11/30/95; 20.2.70.204 NMAC – Rn, 20 NMAC 2.70.204 06/14/02] 

20.2.70.205 INDIAN TRIBAL JURISDICTION: The requirements of this Part do not apply to sources 

within Indian Tribal jurisdiction. For the operation of sources in that jurisdiction, the applicant should make such 

applications to the Tribal Authority or to the Administrator, as appropriate. 

[11/30/95; 20.2.70.205 NMAC - Rn, 20 NMAC 2.70.205 06/14/02] 

20.2.70.206 to 20.2.70.299 [RESERVED]

20.2.70.300 PERMIT APPLICATIONS: 

A. Duty to apply. For each Part 70 source, the owner or operator shall submit a timely and complete 

permit application in accordance with this part. 

B. Timely application. A timely application for a source applying for a permit under this part is: 

 (1) for first time applications, one that is submitted within twelve (12) months after the source 

commences operation as a Part 70 source, or as established in the transition schedule outlined in Paragraph (4) of 

Subsection B of 20.2.70.300 NMAC; 

 (2) for purposes of permit renewal, one that is submitted at least twelve (12) months prior to the date 

of permit expiration; 

 (3) for the acid rain portion of permit applications for initial phase II acid rain sources under Title IV 

of the federal act, by January 1, 1996 for sulfur dioxide, and by January 1, 1998 for nitrogen oxides; 

C. Completeness of application. 

 (1) To be deemed complete, an application must provide all information required pursuant to 

Subsection D of 20.2.70.300 NMAC, except that applications for permit modifications need supply such information 

only if it is related to the proposed change. 

 (2) If, while processing an application, regardless of whether it has been determined or deemed to be 

complete, the department determines that additional information is necessary to evaluate or take final action on that 

application, it may request such information in writing and set a reasonable deadline for a response. 

 (3) Any applicant who fails to submit any relevant facts or who has submitted incorrect information 

in a permit application or in a supplemental submittal shall, upon becoming aware of such failure or incorrect 

submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall 

provide further information as necessary to address any requirements that become applicable to the source after the 

date it filed a complete application but prior to release of a draft permit. 
20.2.70 NMAC September 6, 2006 8

 (4) The applicant's ability to operate without a permit, as set forth in Paragraph (2) of Subsection A of 

20.2.70.201 NMAC, shall be in effect from the date a timely application is submitted until the final permit is issued 

or disapproved, provided that the applicant adequately submits any requested additional information by the deadline 

specified by the department. 

D. Content of application. Any person seeking a permit under this part shall do so by filing a written 

application with the department. The applicant shall submit three (3) copies of the permit application, or more, as 

requested by the department. An applicant may not omit information needed to determine the applicability of, or to 

impose, any applicable requirement, or to evaluate the fee amount required under 20.2.71 NMAC (operating permit 

emission fees). Fugitive emissions shall be included in the permit application in the same manner as stack 

emissions, regardless of whether the source category in question is included in the list of sources contained in the 

definition of major source. All applications shall meet the following requirements. 

 (1) Be made on forms furnished by the department, which for the acid rain portions of permit 

applications and compliance plans shall be on nationally-standardized forms to the extent required by regulations 

promulgated under Title IV of the federal act. 

 (2) State the company's name and address (and, if different, plant name and address), together with 

the names and addresses of the owner(s), responsible official and the operator of the source, any subsidiaries or 

parent companies, the company's state of incorporation or principal registration to do business and corporate or 

partnership relationship to other permittees subject to this part, and the telephone numbers and names of the owners' 

agent(s) and the site contact(s) familiar with plant operations. 

 (3) State the date of the application. 

 (4) Include a description of the source's processes and products (by standard industrial classification 

code) including any associated with alternative scenarios identified by the applicant, and a map, such as the 7.5 

minute topographic quadrangle map published by the United States geological survey or the most detailed map 

available showing the exact location of the source. The location shall be identified by latitude and longitude or by 

UTM coordinates. 

 (5) For all emissions of all air pollutants for which the source is major and all emissions of regulated 

air pollutants, provide all emissions information, calculations and computations for the source and for each 

emissions unit, except for insignificant activities (as defined in 20.2.70.7 NMAC). This shall include: 

 (a) a process flow sheet of all components of the facility which would be involved in routine 

operations and emissions; 

 (b) identification and description of all emissions points in sufficient detail to establish the 

basis for fees and applicability of requirements of the state and federal acts; 

 (c) emissions rates in tons per year, pounds per hour and in such terms as are necessary to 

establish compliance consistent with the applicable standard reference test method; 

 (d) specific information such as that regarding fuels, fuel use, raw materials, or production 

rates, to the extent it is needed to determine or regulate emissions; 

 (e) identification and full description, including all calculations and the basis for all control 

efficiencies presented, of air pollution control equipment and compliance monitoring devices or activities; 

 (f) the maximum and standard operating schedules of the source, as well as any work practice 

standards or limitations on source operation which affect emissions of regulated pollutants; 

 (g) if requested by the department, an operational plan defining the measures to be taken to 

mitigate source emissions during startups, shutdowns and emergencies; 

 (h) other relevant information as the department may reasonably require or which are required 

by any applicable requirements (including information related to stack height limitations developed pursuant to 

Section 123 of the federal act); and 

 (i) for each alternative operating scenario identified by the applicant, all of the information 

required in Subparagraphs (a) through (h) above, as well as additional information determined to be necessary by the 

department to define such alternative operating scenarios. 

 (6) Provide a list of insignificant activities (as defined in 20.2.70.7 NMAC) at the source, their 

emissions, to the extent required by the department, and any information necessary to determine applicable 

requirements. 

 (7) Provide a citation and description of all applicable air pollution control requirements, including: 

 (a) sufficient information related to the emissions of regulated air pollutants to verify the 

requirements that are applicable to the source; and 

 (b) a description of or reference to any applicable test method for determining compliance with 

each applicable requirement. 
20.2.70 NMAC September 6, 2006 9

 (8) Provide an explanation of any proposed exemptions from otherwise applicable requirements. 

 (9) Provide other specific information that may be necessary to implement and enforce other 

requirements of the state or federal acts or to determine the applicability of such requirements, including information 

necessary to collect any permit fees owed under 20.2.71 NMAC (operating permit emission fees). 

 (10) Provide certification of compliance, including all of the following. 

 (a) A certification, by a responsible official consistent with Subsection E of 20.2.70.300 

NMAC, of the source's compliance status for each applicable requirement. For national ambient air quality 

standards, certifications shall be based on the following. 

 (i) For first time applications, this certification shall be based on modeling submitted 

with the application for a permit under 20.2.72 NMAC. 

 (ii) For permit renewal applications, this certification shall be based on compliance with 

the relevant terms and conditions of the current operating permit. 

 (b) A statement of methods used for determining compliance, including a description of 

monitoring, recordkeeping, and reporting requirements and test methods. 

 (c) A statement that the source will continue to be in compliance with applicable requirements 

for which it is in compliance, and will, in a timely manner or at such schedule expressly required by the applicable 

requirement, meet additional applicable requirements that become effective during the permit term. 

 (d) A schedule for submission of compliance certifications during the permit term, to be 

submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement 

or by the department. 

 (e) A statement indicating the source's compliance status with any enhanced monitoring and 

compliance certification requirements of the federal act. 

 (11) For sources that are not in compliance with all applicable requirements at the time of permit 

application, provide a compliance plan that contains all of the following. 

 (a) A description of the compliance status of the source with respect to all applicable 

requirements. 

 (b) A narrative description of how the source will achieve compliance with such requirements 

for which it is not in compliance. 

 (c) A schedule of remedial measures, including an enforceable sequence of actions with 

milestones, leading to compliance with such applicable requirements. The schedule of compliance shall be at least 

as stringent as that contained in any consent decree or administrative order to which the source is subject, and the 

obligations of any consent decree or administrative order shall not be in any way diminished by the schedule of 

compliance. Any such schedule of compliance shall be supplemental to, and shall not prohibit the department from 

taking any enforcement action for noncompliance with, the applicable requirements on which it is based. 

 (d) A schedule for submission of certified progress reports no less frequently than every six (6) 

months. 

 (e) For the portion of each acid rain source subject to the acid rain provisions of Title IV of the 

federal act, the compliance plan content requirements specified in this paragraph, except as specifically superseded 

by regulations promulgated under Title IV of the federal act with regard to the schedule and method(s) the source 

will use to achieve compliance with the acid rain emissions limitations. 

E. Certification. Any document, including any application form, report, or compliance certification, 

submitted pursuant to this part shall contain certification by a responsible official of truth, accuracy, and 

completeness. This certification and any other certification required under this part shall state that, based on 

information and belief formed after reasonable inquiry, the statements and information in the document are true, 

accurate, and complete. 

[11/30/95; A, 11/14/98; 20.2.70.300 NMAC - Rn, 20 NMAC 2.70.III.300, 06/14/02; A, 9/6/06] 

20.2.70.301 CONFIDENTIAL INFORMATION PROTECTION:

A. All confidentiality claims made regarding material submitted to the Department under this Part 

shall be reviewed under the provisions of the New Mexico Air Quality Control Act section 74-2-11 NMSA 1978 

and the New Mexico Inspection of Public Records Act, sections 14-2-1 et seq. NMSA 1978. 

B. In the case where an applicant or permittee has submitted information to the Department under a 

claim of confidentiality, the Department may also require the applicant or permittee to submit a copy of such 

information directly to the Administrator. 

C. An operating permit is a public record, and not entitled to protection under section 114(c) of the 

Federal Act. 
20.2.70 NMAC September 6, 2006 10

[11/30/95; 20.2.70.301 NMAC - Rn, 20 NMAC 2.70.301 06/14/02] 

20.2.70.302 PERMIT CONTENT: 

A. Permit conditions. 

 (1) The department shall specify conditions upon a permit, including emission limitations and 

sufficient operational requirements and limitations, to assure compliance with all applicable requirements at the time 

of permit issuance or as specified in the approved schedule of compliance. The permit shall: 

 (a) for major sources, include all applicable requirements for all relevant emissions units in the 

major source; 

 (b) for any non-major source subject to 20.2.70.200 NMAC - 20.2.70.299 NMAC, include all 

applicable requirements which apply to emissions units that cause the source to be subject to this part; 

 (c) specify and reference the origin of and authority for each term or condition, and identify 

any difference in form as compared to the applicable requirement upon which the term or condition is based; 

 (d) include a severability clause to ensure the continued validity of the various permit 

requirements in the event of a challenge to any portions of the permit; 

 (e) include a provision to ensure that the permittee pays fees to the department consistent with 

the fee schedule in 20.2.71 NMAC (Operating Permit Emission Fees); and 

 (f) for purposes of the permit shield, identify any requirement specifically identified in the 

permit application or significant permit modification that the department has determined is not applicable to the 

source, and state the basis for any such determination. 

 (2) Each permit issued shall, additionally, include provisions stating the following. 

 (a) The permittee shall comply with all terms and conditions of the permit. Any permit 

noncompliance is grounds for enforcement action. In addition, noncompliance with federally enforceable permit 

conditions constitutes a violation of the federal act. 

 (b) It shall not be a defense for a permittee in an enforcement action that it would have been 

necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit. 

 (c) The permit may be modified, reopened and revised, revoked and reissued, or terminated for 

cause in accordance with 20.2.70.405 NMAC. 

 (d) The filing of a request by the permittee for a permit modification, revocation and 

reissuance, or termination, or of a notification of planned changes or anticipated noncompliance shall not stay any 

permit condition. 

 (e) The permit does not convey any property rights of any sort, or any exclusive privilege. 

 (f) Within the period specified by the department, the permittee shall furnish any information 

that the department may request in writing to determine whether cause exists for reopening and revising, revoking 

and reissuing, or termination of the permit or to determine compliance with the permit. Upon request, the permittee 

shall also furnish to the department copies of records required by the permit to be maintained. 

 (3) The terms and conditions for all alternative operating scenarios identified in the application and 

approved by the department: 

 (a) shall require that the permittee maintain a log at the permitted facility which documents, 

contemporaneously with any change from one operating scenario to another, the scenario under which the facility is 

operating; and 

 (b) shall, for each such alternative scenario, meet all applicable requirements and the 

requirements of this part. 

 (4) The department may impose conditions regulating emissions during startup and shutdown. 

 (5) All permit terms and conditions which are required under the federal act or under any of its 

applicable requirements, including any provisions designed to limit a source's potential to emit, are enforceable by 

the administrator and citizens under the federal act. The permit shall specifically designate as not being federally 

enforceable under the federal act any terms or conditions included in the permit that are not required under the 

federal act or under any of its applicable requirements. 

 (6) The issuance of a permit, or the filing or approval of a compliance plan, does not relieve any 

person from civil or criminal liability for failure to comply with the provisions of the Air Quality Control Act, the 

federal act, federal regulations thereunder, any applicable regulations of the Board, and any other applicable law or 

regulation. 

 (7) The department may include part or all of the contents of the application as terms and conditions 

of the permit or permit modification. The department shall not apply permit terms and conditions upon emissions of 

regulated pollutants for which there are no applicable requirements, unless the source is major for that pollutant. 
20.2.70 NMAC September 6, 2006 11

 (8) Fugitive emissions from a source shall be included in the operating permit in the same manner as 

stack emissions, regardless of whether the source category in question is included in the list of sources contained in 

the definition of major source. 

 (9) The acid rain portion of operating permits for acid rain sources shall additionally: 

 (a) state that, where an applicable requirement of the federal act is more stringent than an 

applicable requirement of regulations promulgated under Title IV of the federal act, both provisions shall be 

incorporated into the permit and shall be enforceable by the administrator; and 

 (b) contain a permit condition prohibiting emissions exceeding any allowances that the acid 

rain source lawfully holds under Title IV of the federal act or the regulations promulgated thereunder; no permit 

modification under this part shall be required for increases in emissions that are authorized by allowances acquired 

pursuant to the acid rain program, provided that such increases do not require a permit modification under any other 

applicable requirement; no limit shall be placed on the number of allowances held by the acid rain source; the 

permittee may not use allowances as a defense to noncompliance with any other applicable requirement; any such 

allowance shall be accounted for according to the procedures established in regulations promulgated under Title IV 

of the federal act. 

B. Permit duration. The department shall issue operating permits for a fixed term of five (5) years. 

C. Monitoring. 

 (1) Each permit shall contain all emissions monitoring requirements, and analysis procedures or test 

methods, required to assure and verify compliance with the terms and conditions of the permit and applicable 

requirements, including any procedures and methods promulgated by the administrator. 

 (2) Where the applicable requirement does not require periodic testing or instrumental or 

noninstrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), the permit shall 

require periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of 

the source's compliance with the permit, as reported pursuant to Subsection E of 20.2.70.302 NMAC. Such 

monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical 

conventions consistent with the applicable requirement. 

 (3) The permit shall also contain specific requirements concerning the use, maintenance, and, when 

appropriate, installation of monitoring equipment or methods. 

D. Recordkeeping. 

 (1) The permit shall require recordkeeping sufficient to assure and verify compliance with the terms 

and conditions of the permit, including recordkeeping of: 

 (a) the date, place as defined in the permit, and time of sampling or measurements; 

 (b) the date(s) analyses were performed; 

 (c) the company or entity that performed the analyses; 

 (d) the analytical techniques or methods used; 

 (e) the results of such analyses; and 

 (f) the operating conditions existing at the time of sampling or measurement. 

 (2) Records of all monitoring data and support information shall be retained for a period of at least 

five (5) years from the date of the monitoring sample, measurement, report, or application. Supporting information 

includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring 

instrumentation, and copies of all reports required by the permit. 

E. Reporting. The permit shall require reporting sufficient to assure and verify compliance with the 

terms and conditions of the permit and all applicable requirements, including all of the following. 

 (1) Submittal of reports of any required monitoring at least every six (6) months. The reports shall be 

due to the department within forty-five (45) days of the end of the permittee's reporting period. All instances of 

deviations from permit requirements, including emergencies, must be clearly identified in such reports. All required 

reports must be certified by a responsible official consistent with Subsection E of 20.2.70.300 NMAC. 

 (2) Prompt reporting of all deviations (including emergencies) from permit requirements, including 

the date, time, duration and probable cause of such deviations, the quantity and pollutant type of excess emissions 

resulting from the deviation, and any corrective actions or preventive measures taken. Such reports shall include 

telephone, verbal or facsimile communication within twenty-four (24) hours of the start of the next business day and 

written notification within ten (10) days. 

 (3) Submittal of compliance certification reports at least every twelve (12) months (or more 

frequently if so specified by an applicable requirement) certifying the source's compliance status with terms and 

conditions contained in the permit, including emission limitations, standards, or work practices. The reports shall be 
20.2.70 NMAC September 6, 2006 12

due to the department within thirty (30) days of the end of the permittee's reporting period. Such compliance 

certifications shall be submitted to the administrator as well as to the department and shall include: 

 (a) the identification of each term or condition of the permit that is the basis of the certification; 

 (b) the compliance status of the source; 

 (c) whether compliance was continuous or intermittent; 

 (d) the method(s) used for determining the compliance status of the source, currently and 

during the reporting period identified in the permit; and 

 (e) such other facts as the department may require to determine the compliance status of the 

source. 

 (4) Such additional provisions as may be specified by the administrator to determine the compliance 

status of the source. 

F. Portable and Temporary Sources. The department may issue permits for portable and temporary 

sources which allow such sources to relocate without undergoing a permit modification. Such permits shall not 

apply to acid rain sources and shall include conditions to assure that: 

 (1) the source is installed at all locations in a manner conforming with the permit; 

 (2) the source shall comply with all applicable requirements and all other provisions of this part at all 

authorized locations; 

 (3) the owner or operator shall notify the department in writing at least fifteen (15) calendar days in 

advance of each change in location; 

 (4) notification shall include a legal description of where the source is to be relocated and how long it 

will be located there; and 

 (5) emissions from the source shall not, at any location, result in or contribute to an exceedance of a 

national ambient air quality standard or increment or visibility requirement under Part C of Title I of the federal act; 

the department may require dispersion modeling to assure compliance at any location. 

G. Compliance. To assure and verify compliance with the terms and conditions of the permit and 

with this part, permits shall also include all the following. 

 (1) Require that, upon presentation of credentials and other documents as may be required by law, the 

permittee shall allow authorized representatives of the department to perform the following: 

 (a) enter upon the permittee's premises where a source is located or emission related activity is 

conducted, or where records must be kept under the conditions of the permit; 

 (b) have access to and copy any records that must be kept under the conditions of the permit; 

 (c) inspect any facilities, equipment (including monitoring and air pollution control 

equipment), practices, or operations regulated or required under the permit; and 

 (d) sample or monitor any substances or parameters for the purpose of assuring compliance 

with the permit or applicable requirements or as otherwise authorized by the federal act. 

 (2) Require that sources required under Paragraph (12) of Subsection D of 20.2.70.300 NMAC to 

have a schedule of compliance submit progress reports to the department at least semiannually, or more frequently if 

specified in the applicable requirement or by the department. Such progress reports shall be consistent with the 

schedule of compliance and requirements of Paragraph (12) of Subsection D of 20.2.70.300 NMAC and shall 

contain: 

 (a) dates for achieving the activities, milestones, or compliance required in the schedule of 

compliance, and dates when such activities, milestones or compliance were achieved; and 

 (b) an explanation of why any dates in the schedule of compliance were not or will not be met, 

and any preventive or corrective measures adopted. 

 (3) Include such other provisions as the department may require. 

H. Operational flexibility. 

 (1) Section 502(b)(10) changes. 

 (a) The permittee may make Section 502(b)(10) changes, as defined in 20.2.70.7 NMAC, 

without applying for a permit modification, if those changes are not title I modifications and the changes do not 

cause the facility to exceed the emissions allowable under the permit (whether expressed as a rate of emissions or in 

terms of total emissions). 

 (b) For each such change, the permittee shall provide written notification to the department and 

the administrator at least seven (7) days in advance of the proposed changes. Such notification shall include a brief 

description of the change within the permitted facility, the date on which the change will occur, any change in 

emissions, and any permit term or condition that is no longer applicable as a result of the change. 
20.2.70 NMAC September 6, 2006 13

 (c) The permittee and department shall attach each such notice to their copy of the relevant 

permit. 

 (d) If the written notification and the change qualify under this provision, the permittee is not 

required to comply with the permit terms and conditions it has identified that restrict the change. If the change does 

not qualify under this provision, the original terms of the permit remain fully enforceable. 

 (2) Emissions trading within a facility. 

 (a) The department shall, if an applicant requests it, issue permits that contain terms and 

conditions allowing for the trading of emissions increases and decreases in the permitted facility solely for the 

purpose of complying with a federally enforceable emissions cap that is established in the permit in addition to any 

applicable requirements. Such terms and conditions shall include all terms and conditions required under 

20.2.70.302 NMAC to determine compliance. If applicable requirements apply to the requested emissions trading, 

permit conditions shall be issued only to the extent that the applicable requirements provide for trading such 

increases and decreases without a case-by-case approval. 

 (b) The applicant shall include in the application proposed replicable procedures and permit 

terms that ensure the emissions trades are quantifiable and enforceable. The department shall not include in the 

emissions trading provisions any emissions units for which emissions are not quantifiable or for which there are no 

replicable procedures to enforce the emissions trades. The permit shall require compliance with all applicable 

requirements. 

 (c) For each such change, the permittee shall provide written notification to the department and 

the administrator at least seven (7) days in advance of the proposed changes. Such notification shall state when the 

change will occur and shall describe the changes in emissions that will result and how these increases and decreases 

in emissions will comply with the terms and conditions of the permit. 

 (d) The permittee and department shall attach each such notice to their copy of the relevant 

permit. 

I. Off-Permit Changes. 

 (1) Permittees are allowed to make, without a permit modification, changes that are not addressed or 

prohibited by the operating permit, if: 

 (a) each such change meets all applicable requirements and shall not violate any existing 

permit term or condition; 

 (b) such changes are not subject to any requirements under Title IV of the federal act and are 

not Title I modifications; 

 (c) such changes are not subject to permit modification procedures under 20.2.70.404 NMAC; 

and 

 (d) the permittee provides contemporaneous written notice to the department and US EPA of 

each such change, except for changes that qualify as insignificant activities. Such written notice shall describe each 

such change, including the date, any change in emissions, pollutants emitted and any applicable requirement that 

would apply as a result of the change. 

 (2) The permittee shall keep a record describing changes made at the source that result in emissions 

of a regulated air pollutant subject to an applicable requirement, but not otherwise regulated under the permit, and 

the emissions resulting from those changes. 

J. Permit Shield. 

 (1) Except as provided in this part, the department shall expressly include in a Part 70 (20.2.70 

NMAC) permit a provision stating that compliance with the conditions of the permit shall be deemed compliance 

with any applicable requirements as of the date of permit issuance, provided that: 

 (a) such applicable requirements are included and are specifically identified in the permit; or 

 (b) the department, in acting on the permit application or significant permit modification, 

determines in writing that other requirements specifically identified are not applicable to the source, and the permit 

includes the determination or a concise summary thereof. 

 (2) A Part 70 (20.2.70 NMAC) permit that does not expressly state that a permit shield exists for a 

specific provision shall be presumed not to provide such a shield for that provision. 

 (3) Nothing in this section or in any Part 70 (20.2.70 NMAC) permit shall alter or affect the 

following: 

 (a) the provisions of Section 303 of the federal act -- Emergency Powers, including the 

authority of the administrator under that section, or the provisions of the New Mexico Air Quality Control Act, 

Section 74-2-10 NMSA 1978; 
20.2.70 NMAC September 6, 2006 14

 (b) the liability of an owner or operator of a source for any violation of applicable requirements 

prior to or at the time of permit issuance; 

 (c) the applicable requirements of the acid rain program, consistent with Section 408(a) of the 

federal act; or 

 (d) the ability of US EPA to obtain information from a source pursuant to Section 114 of the 

federal act, or the department to obtain information subject to the New Mexico Air Quality Control Act, Section 74-

2-13 NMSA 1978. 

 (4) The permit shield shall remain in effect if the permit terms and conditions are extended past the 

expiration date of the permit pursuant to Subsection D of 20.2.70.400 NMAC. 

 (5) The permit shield shall extend to terms and conditions that allow emission increases and 

decreases as part of emissions trading within a facility pursuant to Paragraph (2) of Subsection H of 20.2.70.302 

NMAC, and to all terms and conditions under each operating scenario included pursuant to Paragraph (3) of 

Subsection A of 20.2.70.302 NMAC. 

 (6) The permit shield shall not extend to administrative amendments under Subsection A of 

20.2.70.404 NMAC, to minor permit modifications under Subsection B of 20.2.70.404 NMAC, to Section 

502(b)(10) changes under Paragraph (1) of Subsection H of 20.2.70.302 NMAC, or to permit terms or conditions for 

which notice has been given to reopen or revoke all or part under 20.2.70.405 NMAC. 

[11/30/95; A, 11/14/98; 20.2.70.302 NMAC - Rn, 20 NMAC 2.70.III.302, 06/14/02; A, 9/6/06] 

20.2.70.303 GENERAL PERMITS:

A. Issuance of General Permits: 

 (1) The Department may, after notice and opportunity for public participation and US EPA and 

affected program review, issue a general permit covering numerous similar sources. Such sources shall be generally 

homogenous in terms of operations, processes and emissions, subject to the same or substantially similar 

requirements, and not subject to case-by-case standards or requirements. 

 (2) Any general permit shall comply with all requirements applicable to other operating permits and 

shall identify criteria by which sources may qualify for the general permit. 

B. Authorization to Operate under a General Permit: 

 (1) The owner or operator of a Part 70 source which qualifies for a general permit must: 

 (a) Apply to the Department for coverage under the terms of the general permit; or 

 (b) Apply for an operating permit consistent with 20.2.70.300 NMAC. 

 (2) The Department may, in the general permit, provide for applications which deviate from the 

requirements of subsection D of 20.2.70.300 NMAC, provided that such applications meet the requirements of the 

Federal Act and include all information necessary to determine qualification for, and to assure compliance with, the 

general permit. The Department shall review the application for authorization to operate under a general permit for 

completeness within thirty (30) days after its receipt of the application. 

 (3) The Department shall authorize qualifying sources which apply for coverage under the general 

permit to operate under the terms and conditions of the general permit. The Department shall take final action on a 

general permit authorization request within ninety (90) days of deeming the application complete. 

 (4) The Department may grant a request for authorization to operate under a general permit without 

repeating the public participation procedures required under 20.2.70.401 NMAC. Such an authorization shall not be 

a permitting action for purposes of administrative review under New Mexico Air Quality Control Act section 74-2-

7.H NMSA 1978. Permitting action for the purposes of section 74-2-7 NMSA 1978 shall be the issuance of the 

general permit. 

 (5) Authorization to operate under a general permit shall not be granted for acid rain sources unless 

otherwise provided in regulations promulgated under title IV of the Federal Act. 

 (6) The permittee shall be subject to enforcement action for operation without an operating permit if 

the source is later determined not to qualify for the conditions and terms of the general permit. 

[11/30/95; 20.2.70.303 NMAC - Rn, 20 NMAC 2.70.303 06/14/02] 

20.2.70.304 EMERGENCY PROVISION: 

A. An "emergency" means any situation arising from sudden and reasonably unforeseeable events 

beyond the control of the permittee, including acts of God, which situation requires immediate corrective action to 

restore normal operation, and that causes the source to exceed a technology-based emission limitation under the 

permit due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include 
20.2.70 NMAC September 6, 2006 15

noncompliance to the extent caused by improperly designed equipment, lack of preventive maintenance, or careless 

or improper operation. 

B. An emergency constitutes an affirmative defense to an action brought for noncompliance with 

such technology-based emission limitations if the permittee has demonstrated through properly signed, 

contemporaneous operating logs, or other relevant evidence that: 

 (1) An emergency occurred and that the permittee can identify the cause(s) of the emergency; 

 (2) The permitted facility was at the time being properly operated; 

 (3) During the period of the emergency the permittee took all reasonable steps to minimize levels of 

emissions that exceeded the emission standards or other requirements in the permit; and 

 (4) The permittee fulfilled notification requirements under Paragraph (2) of Subsection E of 

20.2.70.302 NMAC. This notice must contain a description of the emergency, any steps taken to mitigate emissions, 

and corrective actions taken. 

C. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency 

has the burden of proof. 

D. This provision is in addition to any emergency or upset provision contained in any applicable 

requirement. 

[11/30/95; 20.2.70.304 NMAC - Rn, 20 NMAC 2.70.III.304, 06/14/02; A, 9/6/06] 

20.2.70.305 to 20.2.70.399 [RESERVED]

20.2.70.400 ACTION ON PERMIT APPLICATIONS:

A. A permit (including permit renewal) or permit modification shall only be issued if all of the 

following conditions have been met: 

 (1) The Department has received a complete application for a permit, permit modification, or permit 

renewal, except that a complete application need not be received before issuance of a general permit under 

20.2.70.303 NMAC; 

 (2) Except for administrative and minor permit modifications, the Department has complied with the 

requirements for public participation procedures under 20.2.70.401 NMAC; 

 (3) Except for administrative amendments, the Department has complied with the requirements for 

notifying and responding to affected programs under 20.2.70.402 NMAC; 

 (4) The conditions of the permit provide for compliance with all applicable requirements and the 

requirements of this Part; and 

 (5) The Administrator has received a copy of the proposed permit and any notices required under 

20.2.70.402 NMAC, and has not objected to issuance of the permit within the time period specified within that 

section. 

B. The Department shall, within sixty (60) days after its receipt of an application for a permit or 

significant permit modification, review such application for completeness. Unless the Department determines that 

an application is not complete, requests additional information or otherwise notifies the applicant of incompleteness 

within sixty (60) days of receipt of an application, the application shall be deemed complete. When additional 

information is requested by the Department prior to ruling an application complete, receipt of such information shall 

be processed as a new application for purposes of this section. If the application is judged complete, a certified 

letter to that effect shall be sent to the applicant. If the application is judged incomplete a certified letter shall be 

sent to the applicant stating what additional information or points of clarification are necessary to judge the 

application complete. 

C. The Department shall take final action on each permit application (including a request for permit 

renewal) within eighteen (18) months after an application is ruled complete by the Department, except that: 

 (1) For sources in operation on or before December 19, 1994 and which submit to the Department 

timely and complete applications in accordance with 20.2.70.300 NMAC, the Department shall take final action on 

one third of such applications annually over a period not to exceed three (3) years after such effective date; 

 (2) Any complete permit application containing an early reduction demonstration under section 

112(i)(5) of the Federal Act shall be acted on within nine (9) months of deeming the application complete; and 

 (3) The acid rain portion of permits for acid rain sources shall be acted upon in accordance with the 

deadlines in title IV of the Federal Act and the regulations promulgated thereunder. 

D. If a timely and complete application for a permit renewal is submitted, consistent with 20.2.70.300 

NMAC, but the Department has failed to issue or disapprove the renewal permit before the end of the term of the 
20.2.70 NMAC September 6, 2006 16

previous permit, then the permit shall not expire and all the terms and conditions of the permit shall remain in effect 

until the renewal permit has been issued or disapproved. 

E. Permits being renewed are subject to the same procedural requirements, including those for public 

participation, affected program and US EPA review, that apply to initial permit issuance. 

F. The Department shall state within the draft permit the legal and factual basis for the draft permit 

conditions (including references to the applicable statutory or regulatory provisions). 

G. The Department shall grant or disapprove the permit based on information contained in the 

Department's administrative record. The administrative record shall consist of the application, any additional 

information submitted by the applicant, any evidence or written comments submitted by interested persons, any 

other evidence considered by the Department, and, if a public hearing is held, the evidence submitted at the hearing. 

H. If the Department grants or disapproves a permit or permit modification, the Department shall 

notify the applicant by certified mail of the action taken and the reasons therefor. If the Department grants a permit 

or modification, the Department shall mail the permit or modification, including all terms and conditions, to the 

applicant by certified mail. 

I. Voluntary Discontinuation. Upon request by the permittee, the Department shall permanently 

discontinue a Part 70 (20.2.70 NMAC) permit. Permit discontinuance terminates the permittee's right to operate the 

source under the permit. The Department shall confirm the permit discontinuance by certified letter to the permittee. 

J. No permit shall be issued by failure of the Department to act on an application or renewal. 

[11/30/95; 20.2.70.400 NMAC - Rn, 20 NMAC 2.70.400 06/14/02] 

20.2.70.401 PUBLIC PARTICIPATION:

A. Proceedings for all permit issuances (including renewals), significant permit modifications, 

reopenings, revocations and terminations, and all modifications to the Department's list of insignificant activities, 

shall include public notice and provide an opportunity for public comment. The Department shall provide thirty 

(30) days for public and affected program comment. The Department may hold a public hearing on the draft permit, 

a proposal to suspend, reopen, revoke or terminate a permit, or for any reason it deems appropriate, and shall hold 

such a hearing in the event of significant public interest. The Department shall give notice of any public hearing at 

least thirty (30) days in advance of the hearing. 

B. Public notice and notice of public hearing shall be given by publication in a newspaper of general 

circulation in the area where the source is located or in a state publication designed to give general public notice, to 

persons on a mailing list developed by the Department, including those who request in writing to be on the list, and 

by other means if necessary to assure adequate notice to the affected public. 

C. The public notice shall identify: 

 (1) The affected facility; 

 (2) The names and addresses of the applicant or permittee and its owners; 

 (3) The name and address of the Department; 

 (4) The activity or activities involved in the permit action; 

 (5) The emissions change(s) involved in any permit modification; 

 (6) The name, address and telephone number of a person from whom interested persons may obtain 

additional information, including copies of the permit draft, the application, and relevant supporting materials; 

 (7) A brief description of the comment procedures required by the Department; and 

 (8) As appropriate, a statement of procedures to request a hearing, or the time and place of any 

scheduled hearing. 

D. Notice of public hearing shall identify: 

 (1) The affected facility; 

 (2) The names and addresses of the applicant or permittee and its owners; 

 (3) The name and address of the Department; 

 (4) The activity or activities involved in the permit action; 

 (5) The name, address and telephone number of a person from whom interested persons may obtain 

additional information; 

 (6) A brief description of hearing procedures; and 

 (7) The time and place of the scheduled hearing. 

E. Public hearings shall be held in the geographic area likely to be impacted by the source. The time, 

date, and place of the hearing shall be determined by the Department. The Department shall appoint a hearing 

officer. A transcript of the hearing shall be made at the request of either the Department or the applicant and at the 
20.2.70 NMAC September 6, 2006 17

expense of the person requesting the transcript. At the hearing, all interested persons shall be given a reasonable 

chance to submit data, views or arguments orally or in writing and to examine witnesses testifying at the hearing. 

F. The Department shall keep a record of the commenters and also of the issues raised during the 

public participation process so that the Administrator may fulfill his or her obligation under section 505(b)(2) of the 

Federal Act to determine whether a citizen petition may be granted. Such records shall be available to the public 

upon request. 

G. The Department shall provide such notice and opportunity for participation by affected programs 

as is provided for by 20.2.70.402 NMAC. 

[11/30/95; 20.2.70.401 NMAC - Rn, 20 NMAC 2.70.401 06/14/02] 

20.2.70.402 REVIEW BY THE ADMINISTRATOR AND AFFECTED PROGRAMS:

A. Notification: The Department shall not issue an operating permit (including permit renewal or 

reissuance), minor permit modification or significant permit modification, until affected programs and the 

Administrator have had an opportunity to review the proposed permit as required under this section. Permits for 

source categories waived by the Administrator from this requirement and any permit terms or conditions which are 

not required under the Federal Act or under any of its requirements are not subject to Administrator review or 

approval. 

 (1) Within five (5) days of notification by the Department that the application has been determined 

complete, the applicant shall provide a copy of the complete permit application (including the compliance plan and 

all additional materials submitted to the Department) directly to the Administrator. The permit or permit 

modification shall not be issued without certification to the Department of such notification. The Department shall 

provide to the Administrator a copy of each draft permit, each proposed permit, each final operating permit, and any 

other relevant information requested by the Administrator. 

 (2) The Department shall provide notice of each draft permit to any affected program on or before the 

time that the Department provides this notice to the public under 20.2.70.401 NMAC, except to the extent that minor 

permit modification procedures require the timing of the notice to be different. 

 (3) The Department shall keep for five (5) years such records and submit to the Administrator such 

information as the Administrator may reasonably require to ascertain whether the state program complies with the 

requirements of the Federal Act or related applicable requirements. 

B. Responses to Objections: 

 (1) No permit for which an application must be transmitted to the Administrator under this Part shall 

be issued by the Department if the Administrator, after determining that issuance of the proposed permit would not 

be in compliance with applicable requirements, objects to such issuance in writing within forty-five (45) days of 

receipt of the proposed permit and all necessary supporting information. 

 (2) If the Administrator does not object in writing under paragraph (1) of subsection B of 20.2.70.402 

NMAC, any person may, within sixty (60) days after the expiration of the Administrator's 45-day review period, 

petition the Administrator to make such objection. Any such petition shall be based only on objections to the permit 

that were raised with reasonable specificity during the public comment period provided for in 20.2.70.401 NMAC, 

unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the 

grounds for such objection arose after such period. If the Administrator objects to the permit as a result of a petition 

filed under this paragraph, the Department shall not issue the permit until the Administrator's objection has been 

resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit 

was issued after the end of the 45-day review period and prior to the Administrator's objection. 

 (3) The Department, as part of the submittal of the proposed permit to the Administrator (or as soon 

as possible after the submittal for minor permit modification procedures allowed under subsection B of 20.2.70.404 

NMAC), shall notify the Administrator and any affected program in writing of any refusal by the Department to 

accept all recommendations for the proposed permit that the affected program submitted during the public or 

affected program review period. The notice shall include the Department's reasons for not accepting any such 

recommendation. The Department is not required to accept recommendations that are not based on federally 

enforceable applicable requirements. 

[11/30/95; 20.2.70.402 NMAC – Rn, 20 NMAC 2.70.402 06/14/02] 

20.2.70.403 PETITIONS FOR REVIEW OF FINAL ACTION:

A. Hearing Before the Board: 

 (1) Any person who participated in a permitting action before the Department and who is adversely 

affected by such permitting action may file a petition for hearing before the Board. For the purposes of this section, 
20.2.70 NMAC September 6, 2006 18

permitting action shall include the failure of the Department to take final action on an application for a permit 

(including renewal) or permit modification within the time specified in this Part. 

 (2) The petition shall be made in writing to the Board within thirty (30) days from the date notice is 

given of the Department's action and shall specify the portions of the permitting action to which the petitioner 

objects, certify that a copy of the petition has been mailed or hand-delivered as required by this paragraph, and 

attach a copy of the permitting action for which review is sought. Unless a timely request for hearing is made, the 

decision of the Department shall be final. The petition shall be copied simultaneously to the Department upon 

receipt of the appeal notice. If the petitioner is not the applicant or permittee, the petitioner shall mail or handdeliver a copy of the petition to the applicant or permittee. The Department shall certify the administrative record to 

the Board. 

 (3) If a timely request for hearing is made, the Board shall hold a hearing within ninety (90) days of 

receipt of the petition in accordance with New Mexico Air Quality Control Act section 74-2-7 NMSA 1978. 

B. Judicial Review: 

 (1) Any person who is adversely affected by an administrative action taken by the Board pursuant to 

subsection A of 20.2.70.403 NMAC may appeal to the Court of Appeals in accordance with New Mexico Air 

Quality Control Act section 74-2-9 NMSA 1978. Petitions for judicial review must be filed no later than thirty (30) 

days after the administrative action. 

 (2) The judicial review provided for by 20.2.70.403 NMAC shall be the exclusive means for 

obtaining judicial review of the terms and conditions of the permit. 

[11/30/95; 20.2.70.403 NMAC – Rn, 20 NMAC 2.70.403 06/14/02] 

20.2.70.404 PERMIT MODIFICATIONS:

A. Administrative Permit Amendments: 

 (1) An administrative permit amendment is one that: 

 (a) Corrects typographical errors; 

 (b) Provides for a minor administrative change at the source, such as a change in the address or 

phone number of any person identified in the permit; 

 (c) Incorporates a change in the permit solely involving the retiring of an emissions unit; 

 (d) Requires more frequent monitoring or reporting by the permittee; or 

 (e) Any other type of change which has been determined by the Department and the 

Administrator to be similar to those in this paragraph. 

 (2) Changes in ownership or operational control of a source may be made as administrative 

amendments provided that: 

 (a) A written agreement, containing a specific date for transfer of permit responsibility, 

coverage, and liability between the current and new permittee, has been submitted to the Department, and either the 

Department has determined that no other change in the permit is necessary, or changes deemed necessary by the 

Department have been made; 

 (b) The new owners have submitted the application information required in paragraph (2) of 

subsection D of 20.2.70.300 NMAC; 

 (c) No grounds exist for permit termination, as set out in subparagraphs (b) and (c) of 

paragraph (3) of subsection A of 20.2.70.405 NMAC; and 

 (d) The permittee has published a public notice of the change in ownership of the source in a 

newspaper of general circulation in the area where the source is located. 

 (3) The Department may incorporate administrative permit amendments without providing notice to 

the public or affected programs, provided that it designates any such permit modifications as administrative permit 

amendments and submits a copy of the revised permit to the Administrator. 

 (4) The Department shall take no more than sixty (60) days from receipt of a request for an 

administrative permit amendment to take final action on such request. The permittee may implement the changes 

outlined in subparagraphs (a) through (d) of paragraph (1) of subsection A of 20.2.70.404 NMAC immediately upon 

submittal of the request for the administrative amendment. The permittee may implement the changes outlined in 

subparagraph (e) of paragraph (1) of subsection A of 20.2.70.404 NMAC or paragraph (2) of subsection A of 

20.2.70.404 NMAC upon approval of the administrative amendment by the Department. 

B. Minor Permit Modifications: 

 (1) Minor permit modification procedures may be used only for those permit modifications that: 

 (a) Do not violate any applicable requirement; 
20.2.70 NMAC September 6, 2006 19

 (b) Do not involve relaxation of existing monitoring, reporting, or recordkeeping requirements 

in the permit; 

 (c) Do not require or change a case-by-case determination of an emission limitation or other 

standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility or increment 

analysis; 

 (d) Do not seek to establish or change a permit term or condition for which there is no 

corresponding underlying applicable requirement and that the permittee has assumed to avoid an applicable 

requirement to which the source would otherwise be subject. Such terms and conditions include any federally 

enforceable emissions cap assumed to avoid classification as a title I modification and any alternative emissions 

limit approved pursuant to regulations promulgated under section 112(i)(5) of the Federal Act; 

 (e) Are not title I modifications; and 

 (f) Are not required by the Department to be processed as a significant modification pursuant to 

subsection C of 20.2.70.404 NMAC. 

 (2) A permittee shall not submit multiple minor permit modification applications that may conceal a 

larger modification that would not be eligible for minor permit modification procedures. The Department may, at its 

discretion, require that multiple related minor permit modification applications be submitted as a significant permit 

modification. 

 (3) An application requesting the use of minor permit modification procedures shall meet the 

requirements of subsections C and D of 20.2.70.300 NMAC and shall include: 

 (a) A description of the change, the emissions resulting from the change, and any new 

applicable requirements that will apply if the change occurs; 

 (b) The applicant's suggested draft permit; 

 (c) Certification by a responsible official, consistent with subsection E of 20.2.70.300 NMAC, 

that the proposed modification meets the criteria for use of minor permit modification procedures and a request that 

such procedures be used; and 

 (d) If the requested permit modification would affect existing compliance plans or schedules, 

related progress reports, or certification of compliance requirements, an outline of such effects. 

 (4) The Department shall, within thirty (30) days after its receipt of an application for a minor permit 

modification, review such application for completeness. Unless the Department determines that an application is not 

complete, requests additional information or otherwise notifies the applicant of incompleteness within thirty (30) 

days of receipt of an application, the application shall be deemed complete. If the application is judged complete, a 

certified letter to that effect shall be sent to the applicant. If the application is judged incomplete a certified letter 

shall be sent to the applicant stating what additional information or points of clarification are necessary to judge the 

application complete. 

 (5) Within five (5) working days of notification by the Department that the minor permit modification 

application has been determined complete, the applicant shall meet its obligation under subsection A of 20.2.70.402 

NMAC to notify the Administrator of the requested permit modification. The Department promptly shall send any 

notice required under paragraph (2) of subsection A of 20.2.70.402 NMAC and subsection B of 20.2.70.402 NMAC 

to the Administrator and affected programs. 

 (6) The permittee may make the change proposed in its minor permit modification application 

immediately after such application is deemed complete. After the permittee makes the change allowed by the 

preceding sentence, and until the Department takes any of the actions specified in paragraph (7) of subsection B of 

20.2.70.404 NMAC below, the permittee must comply with both the applicable requirements governing the change 

and the proposed permit terms and conditions. During this time period, the permittee need not comply with the 

existing permit terms and conditions it seeks to modify. If the permittee fails to comply with its proposed permit 

terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may be 

enforced against it. 

 (7) The Department may not issue a final minor permit modification until after the Administrator's 

45-day review period of the proposed permit modification or until US EPA has notified the Department that the 

Administrator will not object to issuance of the permit modification, although the Department may approve the 

permit modification prior to that time. Within ninety (90) days of ruling the application complete under minor 

permit modification procedures or within fifteen (15) days after the end of the Administrator's 45-day review period, 

whichever is later, the Department shall: 

 (a) Issue the permit modification as it was proposed; 

 (b) Disapprove the permit modification application; 
20.2.70 NMAC September 6, 2006 20

 (c) Determine that the requested modification does not meet the minor permit modification 

criteria and should be reviewed under the significant modification procedures; or 

 (d) Revise the draft permit modification and transmit to the Administrator the new proposed 

permit modification as required by subsection A of 20.2.70.402 NMAC. 

C. Significant Permit Modifications: 

 (1) A significant permit modification is: 

 (a) Any revision to an operating permit that does not meet the criteria under the provisions for 

administrative permit amendments under subsection A of 20.2.70.404 NMAC or for minor permit modifications 

under subsection B of 20.2.70.404 NMAC above; 

 (b) Any modification that would result in any relaxation in existing monitoring, reporting or 

recordkeeping permit terms or conditions; 

 (c) Any modification for which action on the application would, in the judgment of the 

Department, require decisions to be made on significant or complex issues; and 

 (d) Changes in ownership which do not meet the criteria of paragraph (2) of subsection A of 

20.2.70.404 NMAC. 

 (2) For significant modifications which are not required to undergo preconstruction permit review 

and approval, changes to the source which qualify as significant permit modifications shall not be made until the 

Department has issued the operating permit modification. 

 (3) For significant modifications which have undergone preconstruction permit review and approval, 

the permittee shall: 

 (a) Before commencing operation, notify the Department in writing of any applicable 

requirements and operating permit terms and conditions contravened by the modification, emissions units affected 

by the change, and allowable emissions increases resulting from the modification; and 

 (b) Within twelve (12) months after commencing operation, file a complete operating permit 

modification application. 

 (4) Where an existing operating permit would specifically prohibit such change, the permittee must 

obtain an operating permit modification before commencing operation or implementing the change. 

 (5) Significant permit modifications shall meet all requirements of this Part for permit issuance, 

including those for applications, public participation, review by affected programs and review by the Administrator. 

 (6) The Department shall complete review on the majority of significant permit modification 

applications within nine (9) months after the Department rules the applications complete. 

D. Modifications to Acid Rain Sources: Administrative permit amendments and permit 

modifications for purposes of the acid rain portion of the permit shall be governed by regulations promulgated by 

the Administrator under title IV of the Federal Act. 

[11/30/95; 20.2.70.404 NMAC - Rn, 20 NMAC 2.70.404 06/14/02] 

20.2.70.405 PERMIT REOPENING, REVOCATION OR TERMINATION:

A. Action by the Department: 

 (1) Each permit shall include provisions specifying the conditions under which the permit will be 

reopened prior to the expiration of the permit. A permit shall be reopened and revised for any of the following, and 

may be revoked and reissued for subparagraphs (c) or (d) of the following: 

 (a) Additional applicable requirements under the Federal Act become applicable to a major 

source with a remaining permit term of three (3) or more years. Such a reopening shall be completed not later than 

eighteen (18) months after promulgation of the applicable requirement. No such reopening is required if the 

effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit 

or any of its terms or conditions have been extended past the expiration date of the permit pursuant to subsection D 

of 20.2.70.400 NMAC; 

 (b) Additional requirements (including excess emissions requirements) become applicable to a 

source under the acid rain program promulgated under title IV of the Federal Act. Upon approval by the 

Administrator, excess emissions offset plans shall be deemed to be incorporated into the permit; 

 (c) The Department or the Administrator determines that the permit contains a material mistake 

or that inaccurate statements were made in establishing the terms or conditions of the permit; or 

 (d) The Department or the Administrator determines that the permit must be revised or revoked 

and reissued to assure compliance with the applicable requirements. 
20.2.70 NMAC September 6, 2006 21

 (2) Proceedings to reopen and revise, or revoke and reissue, a permit shall affect only those parts of 

the permit for which cause to reopen or revoke exists. Units for which permit conditions have been revoked shall 

not be operated until permit reissuance. Reopenings shall be made as expeditiously as practicable. 

 (3) A permit, or an authorization to operate under a general permit, may be terminated when: 

 (a) The permittee fails to meet the requirements of an approved compliance plan; 

 (b) The permittee has been in significant or repetitious non-compliance with the operating 

permit terms or conditions; 

 (c) The applicant or permittee has exhibited a history of willful disregard for environmental 

laws of any state or Tribal authority, or of the United States; 

 (d) The applicant or permittee has knowingly misrepresented a material fact in any application, 

record, report, plan, or other document filed or required to be maintained under the permit; 

 (e) The permittee falsifies, tampers with or renders inaccurate any monitoring device or method 

required to be maintained under the permit; 

 (f) The permittee fails to pay fees required under the fee schedule in 20.2.71 NMAC (Operating 

Permit Emission Fees); or 

 (g) The Administrator has found that cause exists to terminate the permit. 

 (4) The Department shall, by certified mail, provide a notice of intent to the permittee at least thirty 

(30) days in advance of the date on which a permit is to be reopened or revoked, or terminated, except that the 

Department may provide a shorter time period in the case of an emergency. The notice shall state that the permittee 

may, within 30 (thirty) days of receipt, submit comments or request a hearing on the proposed permit action. 

B. Action by the Administrator: Within ninety (90) days, or longer if the Administrator extends this 

period, after receipt of written notification that the Administrator has found that cause exists to terminate, modify or 

revoke and reissue a permit, the Department shall forward to the Administrator a proposed determination of 

termination, modification, or revocation and reissuance, as appropriate. Within ninety (90) days from receipt of an 

Administrator objection to a proposed determination, the Department shall address and act upon the Administrator's 

objection. 

C. Compliance Orders: Notwithstanding any action which may be taken by the Department or the 

Administrator under subsections A and B of 20.2.70.405 NMAC, a compliance order issued pursuant to New 

Mexico Air Quality Control Act section 74-2-12 NMSA 1978 may include a suspension or revocation of any permit 

or portion thereof. 

[11/30/95; 20.2.70.405 NMAC - Rn, 20 NMAC 2.70.405 06/14/02] 

20.2.70.406 CITIZEN SUITS: Pursuant to section 304 of the Federal Act, 42 USC 7604, any person may 

commence certain civil actions under the Federal Act. 

[11/30/95; 20.2.70.406 NMAC - Rn, 20 NMAC 2.70.406 06/14/02] 

20.2.70.407 VARIANCES: Pursuant to New Mexico Air Quality Control Act section 74-2-8 NMSA 1978, 

applicants and permittees may seek a variance from the non-federally enforceable provisions of this Part. 

[11/30/95; 20.2.70.407 NMAC - Rn, 20 NMAC 2.70.407 06/14/02] 

20.2.70.408 ENFORCEMENT: Notwithstanding any other provision in the New Mexico State 

Implementation Plan approved by the Administrator, any credible evidence may be used for the purpose of 

establishing whether a person has violated or is in violation of the terms or conditions of a permit issued pursuant to 

this Part. 

A. Information from the use of the following methods is presumptively credible evidence of whether 

a violation has occurred at the source: 

 (1) A monitoring or information gathering method approved for the source pursuant to this Part and 

incorporated in an operating permit; or 

 (2) Compliance methods specified in the New Mexico State Implementation Plan. 

B. The following testing, monitoring or information gathering methods are presumptively credible 

testing, monitoring or information gathering methods: 

 (1) Any federally enforceable monitoring or testing methods, including those in 40 CFR parts 51, 60, 

61 and 75; and 

 (2) Other testing, monitoring or information gathering methods that produce information comparable 

to that produced by any method under subsection A of 20.2.70.408 NMAC or paragraph (1) of subsection B of 

20.2.70.408 NMAC. 
20.2.70 NMAC September 6, 2006 22

[11/30/95; 20.2.70.408 NMAC - Rn, 20 NMAC 2.70.408 06/14/02] 

20.2.70.409 to 20.2.70.499 [RESERVED]

20.2.70.500 to 20.2.70.599 [RESERVED]

HISTORY OF 20.2.70 NMAC:

Pre NMAC History: The material in this part was derived from that previously filed with the commission of public 

records - state records center and archives. 

EIB/AQCR 770, Air Quality Control Regulation 770 - Operating Permits, filed 11/15/93. 

History of Repealed Material: [RESERVED]

Other History:

EIB/AQCR 770, Air Quality Control Regulation 770 - Operating Permits, filed 11/15/93 was renumbered into first 

version of the New Mexico Administrative Code as 20 NMAC 2.70, Operating Permits, filed 10/30/95; 

20 NMAC 2.70, Operating Permits, filed 10/30/95 was renumbered, reformatted and replaced by 20.2.70 

NMAC, Operating Permits, effective 06/14/02. 
20.2.72 NMAC – Construction Permits
20.2.72 NMAC September 6, 2006 1

TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 2 AIR QUALITY (STATEWIDE) 

PART 72 CONSTRUCTION PERMITS 

20.2.72.1 ISSUING AGENCY: Environmental Improvement Board. 

[11/30/95; 20.2.72.1 NMAC - Rn, 20 NMAC 2.72.100 02/02/01] 

20.2.72.2 SCOPE: All persons who intend to construct or modify a source, except as otherwise provided 

by this Part. 

[11/30/95; 20.2.72.2 NMAC - Rn, 20 NMAC 2.72.101 02/02/01] 

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

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

7(A)(1), (B), (C) and (D). 

[11/30/95; 20.2.72.3 NMAC - Rn, 20 NMAC 2.72.102 02/02/01] 

20.2.72.4 DURATION: Permanent. Notwithstanding the applicability provisions of 20.2.72.402 NMAC, 

the Department is stayed from enforcing requirements relating to asphalt fumes as a toxic air pollutant for new or 

modified sources until September 1, 1997. 

[11/30/95; A, 08/02/96; 20.2.72.4 NMAC - Rn, 20 NMAC 2.72.103 02/02/01] 

20.2.72.5 EFFECTIVE DATE: November 30, 1995 except where a later date is cited at the end of a 

section or paragraph. 

[The latest effective date of any section in this Part is 9/6/06.] 

[11/30/95; A, 04/22/98; 20.2.72.5 NMAC - Rn, 20 NMAC 2.72.104 02/02/01] 

20.2.72.6 OBJECTIVE: The objective of this Part is to establish the requirements for obtaining a 

construction permit. 

[11/30/95; 20.2.72.6 NMAC - Rn, 20 NMAC 2.72.105 02/02/01] 

20.2.72.7 DEFINITIONS: In addition to the terms defined in 20.2.2 NMAC (Definitions) as used in this 

Part: 

A. "Accelerated review" means an optional process of permit application review that allows the 

Department to utilize a qualified outside firm to assist in review of a construction permit application. 

B. “Affiliate,” for the purposes of accelerated review, means a person that directly or indirectly, 

through one or more intermediaries, controls or is under common control with another person. Control includes the 

possession of the power to direct or cause the direction of management and policies of a person, whether directly or 

indirectly through the ownership, control or holding with the power to vote ten percent or more of the person’s 

voting securities. 

C. "Air pollution control equipment" means any device, equipment, process or combination 

thereof the operation of which would limit, capture, reduce, confine, or otherwise control air contaminants or 

convert for the purposes of control any air contaminant to another form, another chemical or another physical state. 

D. "Ambient air" means the outdoor atmosphere, but does not include the area entirely within the 

boundaries of the industrial or manufacturing property within which the air contaminants are or may be emitted and 

public access is restricted within such boundaries. 

E. "Coal mining operation" means the business of developing, producing, preparing or loading 

bituminous coal, subbituminous coal, anthracite, or lignite, or of reclaiming the areas upon which such activities 

occur. This definition does not include coal preparation plants. 

F. "Coal preparation plant" means any facility which prepares coal by one or more of the 

following processes: breaking, crushing, screening, wet or dry cleaning, and thermal drying. 

G. "Commencement" means that an owner or operator has undertaken a continuous program of 

construction or modification. 

H. "Conflict of interest," for the purposes of accelerated review, means any direct or indirect 

relationship between the qualified outside firm and the applicant or other interested person that would cause a 

reasonable person with knowledge of the relevant facts to question the integrity or impartiality of the qualified 
20.2.72 NMAC September 6, 2006 2

outside firm in review of the application. A conflict of interest does not include any gifts, gratuities, financial or 

contractual relationship of less than one hundred dollars ($100) in value for the twelve month period preceding 

Department receipt of the application. A conflict of interest includes but is not limited to the following examples: 

 (1) Gifts or gratuities of value have been exchanged between the qualified outside firm and the 

applicant. 

 (2) The qualified outside firm has provided goods or services to the applicant within one year prior to 

the start, or during the term, of the accelerated review process. 

 (3) An express or implied contractual relationship exists between the qualified outside firm and the 

applicant and the qualified outside firm has provided goods or services to the applicant through that relationship 

within five years prior to the start of the accelerated review process. 

 (4) There is a current financial relationship between the qualified outside firm and the applicant. 

Current financial relationships include, but are not limited to: 

 (a) The qualified outside firm owes anything of value to, or is owed anything of value by the 

applicant. 

 (b) The qualified outside firm has provided goods or services to the applicant and has issued a 

warranty or guarantee for the work that is still in effect during the time the contracted work for accelerated review is 

being performed. 

 (5) A director, officer, or employee of the qualified outside firm, who will perform services under a 

contract pursuant to this section (20.2.72.221 NMAC), has one or more personal, business, or financial interests or 

relationships with the applicant or any director, officer or employee of the applicant which would cause a 

reasonable person with knowledge of the relevant facts to question the integrity or impartiality of those who are or 

will be acting under a contract. 

 (6) A director, officer or employee of the qualified outside firm was a director, officer or employee 

of the applicant within one year prior to the start of the accelerated review process. 

 (7) Except where allowed by the Department, communication has been made between the qualified 

outside firm and the applicant regarding the substance of the application before a qualified outside firm has been 

selected to perform accelerated review of an application. Direct communication between the qualified outside firm 

and the applicant may take place once the qualified outside firm has been selected by the Department. 

 (8) Any affiliate of the applicant has any of the above identified relationships with the qualified 

outside firm. 

 (9) Any affiliate of the qualified outside firm has any of the above identified relationships with the 

applicant. 

 (10) Any affiliate of the applicant has any of the above identified relationships with any affiliate of 

the qualified outside firm. 

I. "Construction" means fabrication, erection, installation or relocation of a stationary source, 

including but not limited to temporary installations and portable stationary sources. 

J. "Emergency" means unforeseen circumstances resulting in an imminent and substantial 

endangerment to health, safety, or welfare which requires immediate action. 

K. "Federally enforceable" means all limitations and conditions which are enforceable by the 

administrator of the US EPA, including those requirements developed pursuant to 40 CFR Parts 60 and 61, 

requirements within any applicable State Implementation Plan, any permit requirements established pursuant to 40 

CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I including 40 CFR 51.165 and 40 

CFR 51.166. 

L. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening. 

M. "Hazardous air pollutant" means an air contaminant which has been classified as a "hazardous 

air pollutant" by the administrator of the US EPA and is subject to a NESHAP. 

N. "Interested person," as used in the definition of conflict of interest, means any person, other 

than the Department, that is reasonably expected to provide or has provided substantive comment or technical 

evidence on the permit application. 

O. "Malfunction" means any sudden and unavoidable failure of air pollution control equipment, 

process equipment, or process to operate in an expected manner. Failures that are caused entirely or in part by poor 

maintenance, careless operation, or any other preventable equipment breakdown shall not be considered a 

malfunction. 
20.2.72 NMAC September 6, 2006 3

P. "Modification" means any physical change in, or change in the method of operation of, a 

stationary source which results in an increase in the potential emission rate of any regulated air contaminant emitted 

by the source or which results in the emission of any regulated air contaminant not previously emitted, but does not 

include: 

 (1) a change in ownership of the source; 

 (2) routine maintenance, repair or replacement; 

 (3) installation of air pollution control equipment, and all related process equipment and materials 

necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or 

pursuant to the Federal Act; or 

 (4) unless previously limited by enforceable permit conditions: 

 (a) an increase in the production rate, if such increase does not exceed the operating design 

capacity of the source; 

 (b) an increase in the hours of operation; or 

 (c) use of an alternative fuel or raw material if, prior to January 6, l975, the source was capable 

of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural 

gas curtailment or emergency allocation or any other lack of supply of natural gas. 

Q. "National Ambient Air Quality Standard" means, unless otherwise modified, the primary 

(health-related) and secondary (welfare-based) federal ambient air quality standards promulgated by the US EPA 

pursuant to Section 109 of the Federal Act. 

R. "National Emission Standards for Hazardous Air Pollutants" or "NESHAP" mean the 

regulatory requirements, guidelines and emission limitations promulgated by the US EPA pursuant to Section 112 

of the Federal Act. 

S. "New Source Performance Standard" or "NSPS" means the regulatory requirements, 

guidelines and emission limitations promulgated by the US EPA pursuant to Section 111 of the Federal Act. 

T. "Nonattainment area" means for any air contaminant an area which is shown by monitored data 

or which is calculated by air quality modeling (or other methods determined by the administrator to be reliable) to 

exceed any national or New Mexico ambient air quality standard for such contaminant. Such term includes any 

areas identified under Sub-paragraphs (A) through (C) of Section 107 (d)(1) of the Federal Act. 

U. "Operator" means the person or persons responsible for the overall operation of a facility. 

V. "Owner" means the person or persons who own a facility or part of a facility. 

W. "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. 

X. "Portable stationary source" means a source which can be relocated to another operating site 

with limited dismantling and reassembly, including for example but not limited to moveable sand and gravel 

processing operations and asphalt plants. 

Y. "Potential emission rate" means the emission rate of a source at its maximum capacity to emit a 

regulated air contaminant under its physical and operational design, provided any physical or operational limitation 

on the capacity of the source to emit a regulated air contaminant, including air pollution control equipment and 

restrictions on hours of operation or on the type or amount of material combusted, stored or processed, shall be 

treated as part of its physical and operational design only if the limitation or the effect it would have on emissions is 

enforceable by the department pursuant to the Air Quality Control Act or the federal Act. 

Z. "Qualified outside firm" means any person who has entered into a contract with the Department 

to provide assistance in the accelerated review of construction permit applications. 

AA. "Regulated air contaminant" means, any air contaminant, the emission or ambient 

concentration of which is regulated pursuant to the New Mexico Air Quality Control Act or the Federal Act. 

BB. "Shutdown" means the cessation of operation of any air pollution control equipment, process 

equipment or process for any purpose, except routine phasing out of batch process units. 

CC. "Standard Industrial Classification" or "SIC" means the code from the classification manual 

created by the Executive Office of the President-Office of Management and Budget, which categorizes industrial, 

manufacturing and commercial facilities, as listed in the Standard Industrial Code Manual published by the U.S. 

Government Printing Office, Washington D.C. 1972. 

DD. "Startup" means the setting into operation of any air pollution control equipment, process 

equipment or process for any purpose, except routine phasing in of batch process units. 

EE. "Stationary source" or "source" means any building, structure, equipment, facility, installation 

(including temporary installations), operation or portable stationary source which emits or may emit any air 
20.2.72 NMAC September 6, 2006 4

contaminant. Any research facility may group its sources for the purpose of this Part at the discretion of the 

Secretary. 

[11/30/95; 20.2.72.7 NMAC - Rn, 20 NMAC 2.72.107 02/02/01; A, 03/30/01; A, 02/18/02] 

20.2.72.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This Part amends and 

supersedes Air Quality Control Regulation ("AQCR") 702 - Permits, filed May 29, 1990, as amended ("AQCR 

702"). 

A. All references to AQCR 702 in any other rule shall be construed as a reference to this Part. 

B. The amendment and supersession of AQCR 702 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 702. 

[11/30/95; 20.2.72.8 NMAC - Rn, 20 NMAC 2.72.106 02/02/01] 

20.2.72.9 DOCUMENTS: Documents incorporated and cited in this Part may be viewed at the New 

Mexico Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, 

NM 87505. 

[11/30/95; 20.2.72.9 NMAC - Rn, 20 NMAC 2.72.108 02/02/01] 

20.2.72.10 – 20.2.72.199 [RESERVED]

20.2.72.200 APPLICATION FOR CONSTRUCTION, MODIFICATION, NSPS, AND NESHAP - 

PERMITS AND REVISIONS: 

A. Permits must be obtained from the Department by: 

 (1) Any person constructing a stationary source which has a potential emission rate greater than 10 

pounds per hour or 25 tons per year of any regulated air contaminant for which there is a National or New Mexico 

Ambient Air Quality Standard. If the specified threshold in this subsection is exceeded for any one regulated air 

contaminant, all regulated air contaminants with National or New Mexico Ambient Air Quality Standards emitted 

are subject to permit review. Within this subsection, the potential emission rate for nitrogen dioxide shall be based 

on total oxides of nitrogen; 

 (2) Any person modifying a stationary source when all of the pollutant emitting activities at the 

entire facility, either prior to or following the modification, emit a regulated air contaminant for which there is a 

National or New Mexico Ambient Air Quality Standard with a potential emission rate greater than 10 pounds per 

hour or 25 tons per year and the regulated air contaminant is emitted as a result of the modification. If the specified 

threshold in this subsection is exceeded for any one regulated air contaminant, all regulated air contaminants with 

National or New Mexico Ambient Air Quality Standards emitted by the modification are subject to permit review. 

Within this subsection, the potential emission rate for nitrogen dioxide shall be based on total oxides of nitrogen; 

 (3) Any person constructing or modifying any source or installing any equipment which is subject to 

20.2.77 NMAC (New Source Performance Standards), 20.2.78 NMAC (Emission Standards for Hazardous Air 

Pollutants), or any other New Mexico Air Quality Control Regulation which contains emission limitations for any 

regulated air contaminant; 

 (4) For toxic air pollutants, see 20.2.72.400 NMAC - 20.2.72.499 NMAC; 

 (5) Any person constructing a stationary source which has a potential emission rate for lead greater 

than 5 tons per year or modifying a stationary source which either prior to or following the modification has a 

potential emission rate for lead greater than 5 tons per year; or 

 (6) Sources which are major sources of hazardous air pollutants by the definitions in 20.2.83 NMAC 

(Construction or Modification of Major Sources of Hazardous Air Pollutants). 

B. Fugitive dust emissions from a coal mining operation shall not be subject to the requirements of 

Paragraph 1 of Subsection A of 20.2.72.200 NMAC. Note: New coal mining operations are required to have an 

approved air pollution control plan for fugitive dust emissions by the New Mexico Surface Coal Mining 

Commission. 

C. Any source or modification meeting the applicability requirements of this Part, but which is a 

major stationary source or a major modification as defined in 20.2.74 NMAC, shall in addition be subject to 20.2.74 

NMAC (Prevention of Significant Deterioration). 
20.2.72 NMAC September 6, 2006 5

 D. Any source or modification meeting the applicability requirements of this Part but which is a 

major stationary source or a major modification as defined in 20.2.79 NMAC, shall in addition be subject to 20.2.79 

NMAC (Permits - Nonattainment Areas). 

E. For all sources subject to this Part, applications for permits shall be filed prior to the 

commencement of the construction, modification or installation. Regardless of the anticipated commencement date, 

no construction, modification or installation shall begin prior to issuance of the permit. 

F. Temporary installations and portable stationary sources are subject to this Part. 

G. If a source consists of more than one unit, a separate permit may be required for each unit which 

is not substantially interrelated with another unit. A common connection leading to ductwork, pollution control 

equipment or a single stack shall not, by itself, constitute a substantial interrelationship. 

H. Any source which previously did not require a permit because it was in existence before August 

31, 1972 shall be subject to the requirements of this Part if operations cease for a period of five years or more and 

the source has a potential emission rate greater than 10 pounds per hour or 25 tons per year of any regulated air 

contaminant for which there is a National or New Mexico Ambient Air Quality Standard. 

I. Any source meeting the applicability requirements of this Part, but which is a major source of 

hazardous air pollutants, shall in addition be subject to 20.2.83 NMAC (Construction or Modification of Major 

Sources of Hazardous Air Pollutants). 

[11/30/95] 

20.2.72.201 NEW SOURCE REVIEW COORDINATION: In cases where the new source review 

requirements of either 20.2.74 NMAC, 20.2.77 NMAC, 20.2.78 NMAC, 20.2.79 NMAC, or 20.2.83 NMAC 

(Construction or Modifications of Major Sources of Hazardous Air Pollutants) apply to a new stationary source or 

modification in addition to this Part, the following provisions apply: 

 A. Only one permit application shall be submitted. The applicant shall submit a sufficient number of 

copies to meet the requirement of the applicable Part which requires the most copies; 

B. The application shall be ruled administratively complete when information required by all 

applicable Parts has been submitted; 

C. Definitions and requirements of each applicable Part are applied separately and do not supersede 

each other; and 

D. After the requirements of all applicable Parts are met, only one permit shall be issued. 

[11/30/95; A, 01/01/00] 

20.2.72.202 EXEMPTIONS: The following exemptions are made to the following requirements of 

20.2.72.200 NMAC - 20.2.72.299 NMAC. The exemptions in this section do not apply to emissions of toxic air 

pollutants listed under 20.2.72.502 NMAC, do not alter the calculation of the potential emissions of toxic air 

pollutants for applicability under 20.2.72.402 NMAC, and do not exempt the Department or the owner or operator 

of any source from any requirement under 20.2.72.403 NMAC, 20.2.72.404 NMAC, or 20.2.72.405 NMAC. 

 A. The following sources and activities shall not be reported in the permit application. Emissions 

from such activities shall not be included in the calculation of facility-wide potential emission rate under Paragraphs 

1 or 2 of Subsection A of 20.2.72.200 NMAC. Such activities may be commenced or changed without a permit or 

permit revision under 20.2.72.200 NMAC - 20.2.72.299 NMAC: 

 (1) Activities which occur strictly for maintenance of grounds or buildings, including: lawn care, 

pest control, grinding, cutting, welding, painting, woodworking, sweeping, general repairs, janitorial activities, and 

building roofing operations; 

 (2) Activities for maintenance of equipment or pollution control equipment, either inside or outside 

of a building, including cutting, welding, and grinding, but excluding painting; 

 (3) Exhaust emissions from forklifts, courier vehicles, front end loaders, graders, carts, maintenance 

trucks, and fugitive emissions from fleet vehicle refueling operations, provided such emissions are not subject to 

any requirements under this Chapter (Air Quality), NSPS or NESHAP; 

 (4) Use of fire fighting equipment and fire fighting training; 

 (5) Government military activities such as field exercises, explosions, weapons testing and 

demolition to the extent that such activities: 

 (a) Do not result in visible emissions entering publicly accessible areas; and 

 (b) Are not subject to a NSPS or NESHAP; 

 (6) Office activities, such as photocopying; 
20.2.72 NMAC September 6, 2006 6

 (7) Test drilling for characterization of underground storage tank and waste disposal sites; 

 (8) Non-anthropogenic wind blown dust; 

 (9) Residential activities such as use of fireplaces, woodstoves, and barbecue cookers; 

 (10) Gases used to calibrate plant instrumentation, including continuous emission monitoring (CEM) 

systems; 

 (11) Food service, such as cafeteria activities; 

 (12) Automotive repair shop activities, except painting and use of solvents; 

 (13) Use of portable aerospace ground equipment (such as power generators, compressors, heaters, 

air conditioners, lighting units) in direct support of aircraft operations and on or in the immediate vicinity of an 

airfield; 

 (14) Activities which occur strictly for preventive maintenance of highway bridges, displays and 

water towers, including: grinding, cutting, welding, painting, and general repairs; 

 (15) The act of repositioning or relocating equipment, pipes, ductwork, or conveyors within the plant 

site, but only when such change in physical configuration does not: 

 (a) Reposition or relocate any source of air emissions or the emission points from any such 

source; or 

 (b) Increase the amount of air emissions or the ambient impacts of such emissions. 

B. The presence of the following new or modified sources and activities at the facility shall be 

reported as provided for in the permit application forms supplied by the Department. Emissions from such sources 

and activities shall not be included in the calculation of facility-wide potential emission rate under Paragraphs 1 or 2 

of Subsection A of 20.2.72.200 NMAC. Construction of such sources or commencement of such activities after 

issuance of the permit shall be subject to the administrative permit revision procedures in 20.2.219 NMAC. 

 (1) Fuel burning equipment which is used solely for heating buildings for personal comfort or for 

producing hot water for personal use and which: 

 (a) Uses gaseous fuel and has a design rate less than or equal to five (5) million BTU per hour; 

or 

 (b) Uses distillate oil (not including waste oil) and has a design rate less than or equal to one 

(1) million BTU per hour; 

 (2) VOC emissions resulting from the handling or storing of any VOC if: 

 (a) Such VOC has a vapor pressure of less than two tenths (0.2) PSI at temperatures at which 

the compound is stored and handled; and 

 (b) The owner or operator maintains sufficient record keeping to verify that the requirements 

of Sub-paragraph (a) of this paragraph are met; 

 (3) Standby generators which are: 

 (a) Operated only during the unavoidable loss of commercial utility power; 

 (b) Operated less than 500 hours per year; and 

 (c) Either are: 

 i. The only source of air emissions at the site; or 

 ii. Accompanied by sufficient record keeping to verify that the standby generator is 

operated less than 500 hours per year; 

 (4) The act of repositioning or relocating sources of air emissions or emissions points within the 

plant site, but only when such change in physical configuration does not increase air emissions or the ambient 

impacts of such emissions; 

 (5) Any emissions unit, operation, or activity that has a potential emission rate of no more than onehalf (1/2) ton per year of any pollutant for which a National or New Mexico Ambient Air Quality Standard has been 

set or one-half (1/2) ton per year of any VOC. Multiple emissions units, operations, and activities that perform 

identical or similar functions shall be combined in determining the applicability of this exemption; 

 (6) Surface coating of equipment, including spray painting, roll coating, and painting with aerosol 

spray cans, if: 

 (a) The potential emission rate of VOCs do not exceed ten (10) pounds per hour; 

 (b) The facility-wide total VOC content of all coating and clean-up solvent use is less than two 

(2) tons per year; and 

 (c) The owner or operator maintains sufficient record keeping to verify that the requirements in 

Sub-paragraphs (a) and (b) of this paragraph are met; 
20.2.72 NMAC September 6, 2006 7

 (7) Particulate emissions resulting from abrasive blasting operations, if: 

 (a) Blasting operations are entirely enclosed in a building; and 

 (b) No visible particulate emissions are released from the building. 

C. For sources and units subject to 40 CFR Part 60 (NSPS), 40 CFR Part 61 (NESHAP) or other 

Parts of this Chapter (Air Quality), except 40 CFR Part 60 Subparts I (asphalt plants) and OOO (rock crushers), 40 

CFR Part 61 Subpart C (Beryllium), and 40 CFR Part 61 Subpart D (Beryllium Rocket Motor Firing): 

 (1) Such sources and units shall be exempt from the applicability requirements in Paragraph 3 of 

Subsection A of 20.2.72.200 NMAC if such sources or units: 

 (a) Are included in a Notice of Intent filed under 20.2.73 NMAC (Notice of Intent and 

Emissions Inventory); or 

 (b) Have met the notification requirements to which they are subject under NSPS or NESHAP; 

and 

 (2) Applicability determinations under Paragraphs 1 and 2 of Subsection A of 20.2.72.200 NMAC 

shall take into account all federally enforceable emission limits established for such sources or units under NSPS, 

NESHAP and other Parts of this Chapter. 

 D. Portable Source Relocation. For a portable source which has been issued a permit under this Part: 

 (1) Such source may relocate without undergoing a permit revision if: 

 (a) The source is installed in a manner conforming with the initial permit; 

 (b) The source continues to meet all applicable emission limitations and permit conditions; and 

 (c) The source meets the applicable requirements in Paragraphs 2 and 3 of Subsection D of 

20.2.72.202 NMAC below; 

 (2) For each portable compressor engine which has been issued a streamlined permit in accordance 

with Paragraph 1 of Subsection D of 20.2.72.301 NMAC, the owner or operator shall complete the appropriate 

forms provided by the Department and maintain such records on file for at least two (2) years; 

 (3) For all other portable sources, including but not limited to rock crushers and asphalt plants: 

 (a) The owner or operator shall notify the Department, on the form provided by the 

Department, at least fifteen (15) days prior to beginning installation at the new location; 

 (b) Operation at a new location of such source shall not commence until the Department has 

approved the relocation in writing; 

 (c) The Department shall not approve the relocation if it would result in exceedances of any 

National or New Mexico Ambient Air Quality Standard at the new location; and 

 (d) The Department shall approve, deny, or approve with conditions, the relocation request 

within fifteen (15) days of receipt of the notice form. 

[11/30/95; A, 01/07/98; A, 02/08/98] 

 

20.2.72.203 CONTENTS OF APPLICATIONS:

A. Any person seeking a permit under Subsection A of 20.2.72.200 NMAC shall do so by filing a 

written application with the Department. The applicant shall submit the number of copies of the permit application 

specified in the applicable application form. The items of this section, if requested on the applicable application 

form, are required before the Department may deem an application administratively complete. The items may be 

modified by the Department, as appropriate, for emergency permits processed under 20.2.72.215 NMAC. All 

applications shall, as required by the Department: 

 (1) Be filled out on the form(s) furnished by the Department; 

 (2) State the applicant's name and address, together with the names and addresses of all owners or 

operators of the source, and the applicant's state of incorporation or principal registration to do business; 

 (3) Provide all information, including all calculations and computations, to describe the specific 

chemical and physical nature and to estimate the maximum quantities of any regulated air contaminants the source 

will emit through routine operations after construction, modification or installation is completed, and estimate 

maximum potential emissions during malfunction, startup, shutdown. With respect to a toxic air pollutant as 

defined by Subsection H of 20.2.72.401 NMAC this requirement only applies when the toxic air pollutant is emitted 

in such a manner that a permit is required under the provisions of 20.2.72.400 NMAC - 20.2.72.499 NMAC; 

 (4) Contain a regulatory compliance discussion demonstrating compliance with each applicable air 

quality regulation, ambient air quality standard, prevention of significant deterioration increment, and provision of 

20.2.72.400 NMAC - 20.2.72.499 NMAC. The discussion must include an analysis, which may require use of US 

EPA-approved air dispersion model(s), to (1) demonstrate that emissions from routine operations will not violate 
20.2.72 NMAC September 6, 2006 8

any New Mexico or National Ambient Air Quality Standard or prevention of significant deterioration increment, 

and (2) if required by 20.2.72.400 NMAC - 20.2.72.499 NMAC, estimate ambient concentrations of toxic air 

pollutants. 

 (5) Provide a preliminary operational plan defining the measures to be taken to mitigate source 

emissions during malfunction, startup or shutdown; 

 (6) Include a topographical map, at least as detailed as the 7.5 minute Topographic Quadrangle map 

published by the United States Geological Survey, showing the exact location and geographical coordinates of the 

proposed construction, modification or installation of the source; 

 (7) Include a process flow sheet, including a material balance, and a site diagram of all components 

and locations of emissions to the atmosphere of the facility which would be involved in routine operations and 

emissions; 

 (8) Include a full description, including all calculations of controlled and uncontrolled emissions and 

the basis for all control efficiencies presented, of the equipment to be used for air pollution control, including a 

process flow sheet, or, if the Department so requires, layout and assembly drawings; 

 (9) Include a description of the equipment or methods proposed by the applicant to be used for 

emission measurement; 

 (10) State the maximum and standard operating schedules of the source after completion of 

construction, modification or installation or after permit revision in terms of which and how many hours per day, 

days per week, days per month and days per year; 

 (11) Contain such other specifically identified relevant information as the Department may 

reasonably require; 

 (12) Be notarized and signed under oath or affirmation by the operator, the owner or an authorized 

representative, certifying, to the best of his or her knowledge, the truth of all information in the application and 

addenda, if any; 

 (13) Contain payment of any fees which are specified in 20.2.75 NMAC (Construction Permit Fees) 

as payable at the time the application is submitted; 

 (14) Contain documentary proof of applicant's public notice, if applicable, as specified in Subsection 

B of 20.2.72.203 NMAC; and 

 (15) At the sole discretion of the applicant, contain a request for accelerated review of the 

application. 

 B. The applicant's public notice for technical permit revisions shall be as specified in Paragraph 6 of 

Subsection B of 20.2.72.219 NMAC. The applicant's public notice for a permit or significant permit revision shall 

be: 

 (1) Provided by certified mail, to the owners of record, as shown in the most recent property tax 

schedule, of all properties: 

 (a) Within one hundred (100) feet of the property on which the facility is located or proposed 

to be located, if the facility is or is proposed to be located in a Class A or Class H county or a municipality with a 

population of more than two thousand five hundred (2500) persons; or 

 (b) Within one-half (1/2) mile of the property on which the facility is located or is proposed to 

be located if the facility is or will be in a county or municipality other than those specified in Sub-paragraph (a) of 

Paragraph 1 of Subsection B of 20.2.72.203 NMAC; 

 (2) Provided by certified mail to all municipalities and counties in which the facility is or will be 

located and to all municipalities, Indian tribes, and counties within a ten (10) mile radius of the property on which 

the facility is proposed to be constructed or operated; 

 (3) Published once in a newspaper of general circulation in each county in which the property on 

which the facility is proposed to be constructed or operated is located. This notice shall appear in either the 

classified or legal advertisements section of the newspaper and at one other place in the newspaper calculated to 

give the general public the most effective notice and, when appropriate, shall be printed in both English and 

Spanish; 

 (4) Posted in at least four (4) publicly accessible and conspicuous places, including: 

 (a) The proposed or existing facility entrance on the property on which the facility is, or is 

proposed to be, located, until the permit or significant permit revision is issued or denied; and 

 (b) Three (3) locations commonly frequented by the general public, such as a nearby post 

office, public library, or city hall; and 
20.2.72 NMAC September 6, 2006 9

 (5) Submitted as a public service announcement to at least one radio or television station which 

serves the municipality or county in which the source is or is proposed to be located. 

 C. The notice specified in Paragraphs 1 through 4 of Subsection B of 20.2.72.203 NMAC shall 

contain the following: 

 (1) The applicant's name and address, together with the names and addresses of all owners or 

operators of the facility or proposed facility; 

 (2) The actual or estimated date that the application was or will be submitted to the Department; 

 (3) The exact location of the facility or proposed facility; 

 (4) A description of the process or change for which a permit is sought, including an estimate of the 

maximum quantities of any regulated air contaminant the source will emit after proposed construction is complete or 

permit is issued; 

 (5) The maximum and standard operating schedules of the facility after completion of proposed 

construction or permit issuance; and 

 (6) The current address of the Department to which comments and inquiries may be directed. 

D. The public service announcement request specified in Paragraph 5 of Subsection B of 20.2.72.203 

NMAC shall contain the following information about the facility or proposed facility: 

 (1) The name, location, and type of business; 

 (2) The name of the principal owner or operator; 

 (3) The type of process or change for which a permit is sought; 

 (4) Locations where the notices required under Paragraph 4 of Subsection B of 20.2.72.203 NMAC 

have been posted; and 

 (5) The address or telephone number at which comments and inquires may be directed to the 

Department. 

E. Changing, Supplementing or Correcting Applications:

 (1) Prior to a final decision on an application, the applicant shall have a duty to promptly supplement 

and correct information submitted in the application. The duty to supplement shall include relevant information 

thereafter acquired or otherwise determined to be relevant. 

 (2) If, while processing an application, regardless of whether it has been determined to be 

administratively complete, the Department determines that additional information is necessary to evaluate or take 

final action on that application, it may request such information. The request shall be in writing, identify the 

additional information requested and the need for the additional information, and set a reasonable deadline for a 

response. The applicant shall submit the requested information in writing on or before the deadline set by the 

Department. 

[11/30/95; A, 01/07/98; A, 01/01/00; 20.2.72.203 NMAC - A, 03/30/01] 

20.2.72.204 CONFIDENTIAL INFORMATION PROTECTION: All confidentiality claims made 

regarding material submitted to the Department under this Part shall be reviewed under the provisions of 20.2.1 

NMAC (General Provisions). 

[11/30/95] 

20.2.72.205 CONSTRUCTION, MODIFICATION AND PERMIT REVISION IN BERNALILLO 

COUNTY: For the construction or modifications of sources within Bernalillo County, the applicant shall make 

such applications to the air quality control staff of the joint Albuquerque-Bernalillo County Air Quality Control 

Board, unless that board loses, rejects or fails to exercise authority for the administration and enforcement of the Air 

Quality Control Act, at which time this Part shall apply in full in Bernalillo County. 

[11/30/95] 

20.2.72.206 PUBLIC NOTICE AND PARTICIPATION:

 A. The Department shall: 

 (1) Make available for public inspection a list of all pending applications for permits or permit 

revisions; 

 (2) Make available for public inspection the permit application and the Department's preliminary 

determination. This material shall be available both at the Department's central office and the district or field office 

nearest to the proposed source. Copies of any permit application, except those portions of which may be determined 

as confidential in accordance with 20.2.1 NMAC (General Provisions), will be supplied upon written request and 
20.2.72 NMAC September 6, 2006 10

payment of reasonable costs; 

 (3) Subsequent to an affirmative administrative completeness determination, publish a public notice 

in a newspaper of general circulation in the area closest to the location of the source. The notice shall include: the 

applicant's name and address, the location and brief description of the source, a summary of estimated emissions and 

ambient impact, and the Department's preliminary intent to issue the permit if the construction or modification 

requested in the application will comply with air quality requirements, including ambient standards. The notice 

shall identify the location of the permit application and Department’s Analysis (when available) for public review 

and describe the manner in which comments or evidence may be submitted to the Department, including that 

persons must inform the Department in writing of their interest in the permit application in order to have a 30 day 

period to review and comment on the analysis under Subsection B of 20.2.72.206 NMAC below. The notice shall 

clearly state that any person who does not express such interest in writing prior to the end of the initial 30 day 

comment period will not receive notification of the availability of the analysis and thus forewarn such person of the 

need to express interest in writing if they desire to review and comment on the analysis; 

 (4) Provide the notice under Paragraph 3 of Subsection A of 20.2.72.206 NMAC above by mail, 

which may include electronic mail, to all individuals and organizations identified on a list maintained by the 

Department of those who have indicated in writing a desire to receive notices of all applications under this Part; 

 (5) Allow all interested persons thirty (30) days from the date the public notice is published to 

express an interest in writing in the permit application; 

 (6) Mail written notice of the action taken on a permit application to any person who expresses an 

interest in writing in the application; and 

 (7) Mail a copy of the public notice at the same time it is sent for publication to the appropriate 

agency in the following locations if the source will locate within fifty kilometers of the boundary of other states, 

Bernalillo County, or a Class I area. Copies of all public notices shall be sent to US EPA Region VI, if requested by 

US EPA. 

 B. In the event that any person expresses an interest in writing in the permit application, the 

Department shall also: 

 (1) Notify each person who expressed an interest in writing in the permit application of the date and 

the location that the Department’s Analysis was or will be available for review; and 

 (2) Not issue the permit until at least thirty (30) days after the Department’s Analysis is available for 

review. During this thirty (30) day period, any person may submit written public comments or request a public 

hearing. 

 C. The Department shall hold a public hearing if the Secretary determines that there is a significant 

public interest. Public hearings shall be held in the geographic area likely to be impacted by the source. The time, 

date, and place of the hearing shall be determined by the Department. The Department shall give notice of the 

hearing to the applicant and the public. The Secretary may appoint a hearing officer. A transcript of the hearing 

shall be made at the request of either the Department or the applicant and at the expense of the person requesting the 

transcript. At the hearing, all interested persons shall be given a reasonable chance to submit data, views or 

arguments orally or in writing and to examine witnesses testifying at the hearing. 

[11/30/95; 20.2.72.206 NMAC - A, 02/02/01] 

20.2.72.207 PERMIT DECISIONS AND APPEALS:

A. The Department shall, within thirty (30) days after its receipt of an application for a permit or 

significant permit revision, review such application and determine whether it is administratively complete. 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) administratively complete but no permit is required, a letter shall be sent by certified mail to the 

applicant informing the applicant of the determination. 

B. The Department shall either grant, grant subject to conditions or deny the permit or significant 

permit revision: 

 (1) within ninety (90) days after the Department deems the application administratively complete, if 

the application is not subject to the requirements of 20.2.74 NMAC (Prevention of Significant Deterioration); or 
20.2.72 NMAC September 6, 2006 11

 (2) within one hundred eighty (180) days after the Department deems the application 

administratively complete, if the application is subject to the requirements of 20.2.74 NMAC (Prevention of 

Significant Deterioration). 

C. If the Department fails to take action on the application within the deadlines specified in 

Subsection B of 20.2.72.207 NMAC, the Department shall notify the applicant by certified mail that an extension of 

time is necessary to process the application and shall specify, in detail, the grounds for the extension. The Secretary 

may grant an extension, not to exceed ninety (90) days, to the deadlines specified in Subsection B of 20.2.72.207 

NMAC, if the Secretary determines that good cause exists for the extension. The Secretary shall notify the 

applicant by certified mail of the decision on the extension. If the Secretary grants the extension, the notification 

shall include the length of the extension and the reasons therefore. The authority under this paragraph may be 

delegated by the Secretary only to the Deputy Secretary or a Division Director. Examples of good cause for 

extension include, but are not limited to: 

 (1) the need to have public hearings; 

 (2) a health assessment is required under 20.2.72.400 NMAC - 20.2.72.499 NMAC; 

 (3) the permit application is subject to the requirements of 20.2.79 NMAC (Permits - Nonattainment 

Areas); 

 (4) additional time is needed to complete the requirements for federal review specified in 20.2.74.403 

NMAC; 

 (5) the permit application requires review of unusually complex technical and regulatory issues; or 

 (6) the Department is unable to complete review of information submitted, because of the timing and 

scope of the submittal. 

D. The Department shall grant the permit, grant the permit subject to conditions, or deny the permit 

based on information contained in the Department's administrative record. The administrative record shall consist 

of the application, any other evidence submitted by the applicant, any evidence or written comments submitted by 

interested persons, any other evidence considered by the Department, a statement of matters officially noticed, and 

if a public hearing is held, the evidence submitted at the hearing. The applicant has the burden of demonstrating 

that a permit or permit revision should be approved. 

E. Any person who participated in a permitting action before the Department shall be notified by the 

Department of the action taken and the reasons for the action. Notification of the applicant shall be by certified 

mail. 

F. Any person who participated in a permitting action before the Department and who is adversely 

affected by such permitting action may file a petition for hearing before the board. The petition shall be made in 

writing to the board within thirty (30) days from the date notice is given of the Department's action and shall specify 

the portions of the permitting action to which the petitioner objects, certify that a copy of the petition has been 

mailed or hand-delivered as required by this paragraph, and attach a copy of the permitting action for which review 

is sought. Unless a timely request for hearing is made, the decision of the Department shall be final. The petition 

shall be copied simultaneously to the Department upon receipt of the appeal notice. If the petitioner is not the 

applicant or permittee, the petitioner shall mail or hand-deliver a copy of the petition to the applicant or permittee. 

The Department shall certify the administrative record to the board. 

G. If a timely request for a hearing is made, the board shall hold a hearing within sixty (60) days of 

receipt of the petition in accordance with Section 74-2-7 of the New Mexico Air Quality Control Act, NMSA 1978. 

H. Any person adversely affected by an administrative action taken by the board may appeal in 

accordance with Section 74-2-9 of the New Mexico Air Quality Control Act, NMSA 1978. 

[11/30/95; A, 01/07/98; A, 01/01/00] 

20.2.72.208 BASIS FOR DENIAL OF PERMIT: The Department shall deny any application for a permit or 

permit revision if considering emissions after controls: 

A. It appears that the construction, modification or permit revision will not meet applicable 

regulations adopted pursuant to the Air Quality Control Act; 

B. The source will emit a hazardous air pollutant or an air contaminant in excess of any applicable 

New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants or a regulation of 

the board; 

C. For toxic air pollutants, see 20.2.72.400 NMAC - 20.2.72.499 NMAC; 

D. The construction, modification, or permit revision will cause or contribute to air contaminant 

levels in excess of any National Ambient Air Quality Standard or New Mexico Ambient Air Quality Standard 
20.2.72 NMAC September 6, 2006 12

unless the ambient air impact is offset by meeting the requirements of either 20.2.79 NMAC or 20.2.72.216 NMAC, 

whichever is applicable; 

E. The construction, modification, or permit revision would cause or contribute to ambient 

concentrations in excess of a Prevention of Significant Deterioration (PSD) increment; 

F. Any provision of the Air Quality Control Act will be violated; 

G. It appears that the construction of the new source will not be completed within a reasonable time; 

or 

H. The Department chooses to deny the application due to a conflict of interest in accelerated review 

as provided for under Subsection C of 20.2.72.221 NMAC. 

[11/30/95; A, 01/01/00; 20.2.72.208 NMAC - A, 03/30/01] 

20.2.72.209 ADDITIONAL LEGAL RESPONSIBILITIES ON APPLICANTS: The issuance of a permit 

does not relieve any person from civil or criminal liability for failure to comply with the provisions of the Air 

Quality Control Act, the Federal Act, federal regulations thereunder, any applicable regulations of the board, and 

any other applicable law or regulation. 

[11/30/95] 

20.2.72.210 PERMIT CONDITIONS: 

A. The contents of the application specifically identified by the Department shall become terms and 

conditions of the permit or permit revision. 

B. The Department shall, as appropriate, specify conditions upon a permit, including: 

 (1) Placement of individual emission limits determined on a case-by-case basis on the source for 

which the permit is issued, but such individual emission limits shall be only as restrictive as the more stringent of 

the following: 

 (a) The extent necessary to meet the requirements of the Air Quality Control Act and the 

Federal Act; or 

 (b) The emission rate specified in the permit application; 

 (2) A requirement that such source install and operate control technology, determined on a case-bycase basis, sufficient to meet the requirements of the Air Quality Control Act and the Federal Act and regulations 

promulgated under either; 

 (3) Compliance with applicable NSPS and NESHAP; 

 (4) Imposition of reasonable restrictions and limitations other than restrictions and limitations 

relating to emission limits or emission rates; or 

 (5) Any combination of the above; 

 (6) In the case of a modification, the requirements of Subsection B of 20.2.72.210 NMAC apply only 

to the facility or facilities involved in such modification. 

C. The Department may impose such other reasonable conditions upon a permit, including a schedule 

of construction, a condition requiring timely revision of permit terms or conditions in order to meet new 

requirements, if any, under any federally required and approved State Implementation Plan revision, and conditions 

requiring the source to be provided with or to undertake: 

 (1) Sampling ports of a size, number and location as the Department may require; 

 (2) Safe access to each port; 

 (3) Instrumentation to monitor and record emission data including continuous emission monitoring, 

if appropriate; 

 (4) Any other reasonable sampling, testing and ambient monitoring and meteorological facilities and 

protocols; and 

 (5) Periodic testing pursuant to 20.2.72.213 NMAC. 

D. Any term or condition imposed by the Department on a permit or permit revision is enforceable 

to the same extent as a regulation of the board. 

E. The Department will as a condition of each permit require the permittee to establish and maintain 

such records of the nature and amount of emissions and to make such periodic reports to the Department regarding 

the nature and amounts of emissions and the performance of air pollution control equipment, as are necessary to 

carry out the purpose of the Air Quality Control Act. 

 F. [RESERVED]

[11/30/95; A, 11/14/98] 
20.2.72 NMAC September 6, 2006 13

20.2.72.211 PERMIT CANCELLATIONS: 

A. The Department shall automatically cancel any permit for any source which ceases operation for 

five years or more, or permanently. Reactivation of any source after the five year period shall require a new permit. 

B. The Department may cancel a permit if the construction or modification is not commenced within 

two years from the date of issuance or, if during the construction or modification, work is suspended for a total of 

one year, such cancellation shall be subject to the following procedures: 

 (1) At least thirty days prior to the cancellation of a permit, the Department shall notify the permittee 

by certified mail of the impending cancellation. The Department shall notify the permittee by certified mail of the 

cancellation of his permit and the reasons therefor. Construction, modification and, if required, interim operation 

shall cease upon the effective date of cancellation contained in the notice of cancellation. A permittee who has 

received notice that a permit is or will be cancelled may request a hearing before the board. The request must be 

made in writing to the board within thirty days after notice of the Department's action has been received by the 

permittee. Unless a timely request for hearing is made, the decision of the Department shall be final; and 

 (2) If a timely request for hearing is made, the board shall hold a hearing within thirty days after 

receipt of the request. The Department shall notify the permittee by certified mail of the date, time and place of the 

hearing. In the hearing the burden of proof shall be upon the permittee. The board may designate a hearing officer 

to take evidence in the hearing. Based upon the evidence presented at the hearing, the board shall sustain, modify or 

reverse the action of the Department. 

[11/30/95] 

20.2.72.212 PERMITTEE'S NOTIFICATION REQUIREMENTS TO DEPARTMENT: Any owner or 

operator subject to this Part shall notify the Department in writing of or provide the Department with: 

A. Anticipated date of initial startup of a source not less than thirty (30) days prior to the date; 

B. Actual date of initial startup of a source within fifteen (15) days after the startup date; 

C. Any change of operators within fifteen (15) days of such change; 

D. Any necessary update or correction no more than sixty (60) days after the operator knows or 

should have known of the condition necessitating the update or correction of the permit. 

[11/30/95] 

20.2.72.213 STARTUP AND FOLLOWUP TESTING: Within sixty (60) days after achieving the 

maximum production rate at which the source will be operated but not later than one hundred eighty (180) days 

after initial startup of the source, the owner or operator of the source may be required to conduct a performance test. 

The test method utilized shall be approved by the Department. Whenever the requirements of 40 CFR 60 or 61 

apply, test methods must be utilized as specified in those regulations. The owner or operator shall notify the 

Department at least thirty (30) days prior to the test date and allow a representative of the Department to be present 

at the test. A written report of the results of the test shall be submitted to the Department by the owner or operator 

within thirty (30) days from the test date. This requirement may be reimposed on a source as necessary if 

inspections of the source indicate noncompliance with permit conditions subject to such testing, or the previous test 

showed noncompliance or was technically unsatisfactory. In such cases, the test requirement may be reimposed as 

frequently as necessary until compliance is achieved and testing is performed in a technically satisfactory manner. 

This testing requirement may be waived if the source is a member of a class subject to an exemption from this 

requirement pursuant to 20.2.72.214 NMAC, and has agreed to comply with, and its permit contains, enforceable 

design, operational and locational protocols set by the Department for the class of sources to which the source 

belongs. 

[11/30/95] 

20.2.72.214 SOURCE CLASS EXEMPTION PROCESS (PERMIT STREAMLINING):

 A. Upon application by any person or group of persons, or upon the initiative of the Department, the 

board may exempt any source or class of sources, from any procedural requirement of this Part except the 

requirement to obtain a permit prior to commencement of construction if the board finds that the conditions set forth 

below in this section have been met. When possible, comprehensive exemptions shall be established for source 

classes in order to conduct expedited, streamlined permit processing for any applicant whose source is a member of 

such class. Exemptions may be granted only after a public hearing of the board, at which time the basis for such 

exemption shall be presented and any interested person allowed to comment and to question any witness. The 
20.2.72 NMAC September 6, 2006 14

board's decision that an exemption under this section is justified shall be based at a minimum on each of the 

following findings: 

 (1) The Department has substantial actual experience with or knowledge of the specific class of 

sources proposed for exemption, that such experience or knowledge is material to the application for exemption, 

and that such experience or knowledge includes modeling and analysis of a representative sample of such sources. 

Such knowledge may be acquired through, but not limited to, direct Department experience with such sources, or 

the review of other regulatory agencies' experience, records, documentation and formal actions, or through 

publications of professional organizations and societies upon which engineers and scientists would conventionally 

rely in formulating a professional judgment; 

 (2) The sources possess sufficiently common characteristics of operation, process technology, 

emissions, emission control technology and impact on air quality that with respect to the specific requirements 

proposed to be exempted, protocols have been developed which, if applied to all members of that class, will ensure 

that air quality is protected at least as well as would be accomplished by the full permit review process; and 

 (3) Under such an exemption, compliance with all federal and state air quality laws, regulations, 

standards and emissions limitations will be assured. 

B. Exemptions may apply statewide or regionally and may be revoked by the board only after a 

public hearing following at least sixty days public notice. 

C. As may be required under federal law, all protocols established hereunder shall be submitted to 

the US EPA for review and approval as revisions to the State Implementation Plan. Such protocols shall be 

established contingent upon approval by the US EPA. 

 D. There shall be no exemptions under this section from the requirements of 20.2.74 NMAC, 20.2.77 

NMAC, 20.2.78 NMAC, or 20.2.79 NMAC. 

[11/30/95] 

20.2.72.215 EMERGENCY PERMIT PROCESS: 

A. The Department may issue an emergency permit when the Secretary determines an emergency 

exists which threatens the public health, safety or welfare, and which requires the rapid construction or modification 

of, or installation of equipment in, a facility subject to this Part in order to mitigate, prevent or remedy such 

emergency. 

B. Department personnel shall verify that the source, operating in accordance with the permit issued, 

can and will meet all applicable standards, emissions limitations and conditions before authorizing start-up in order 

to ensure that the public emergency is not worsened by excess or improperly controlled air pollution. 

 C. An emergency caused by any negligent or unlawful action or operation of the facility or the 

facility owner or operator, including but not limited to failure to apply timely for a permit or revision, shall not 

constitute an emergency for the purposes of this section. 

D. The requirements of Paragraphs 5 and 6 of Subsection A of 20.2.72.206 NMAC, Subsection C of 

20.2.72.206 NMAC, and Subsections A and B of 20.2.72.207 NMAC shall not apply to emergency permits 

processed under this section. 

E. Construction shall not commence until the emergency permit is issued. 

[11/30/95; 20.2.72.215 NMAC - A, 02/02/01] 

20.2.72.216 NONATTAINMENT AREA REQUIREMENTS: 

A. The requirements of this section apply to: 

 (1) a new source or modification of an existing source that will emit a regulated air contaminant such 

that the ambient impact of the contaminant would exceed the significant ambient concentration in 20.2.72.500 

NMAC, table 1, at any location that does not meet the New Mexico ambient air quality standard for the 

contaminant; 

 (2) a new source or modification of an existing source that is not a major stationary source or major 

modification as defined in 20.2.79 NMAC and that will emit a regulated air contaminant such that the ambient 

impact of the contaminant would exceed the significant ambient concentration in table 1 at any location that does 

not meet the national ambient air quality standard for the contaminant ; or 

 (3) an existing source that does not propose an increase in emissions and that will emit a regulated air 

contaminant such that the ambient impact of the contaminant would exceed the significant ambient concentration in 

20.2.72.500 NMAC (table 1) at any location that does not meet the national or New Mexico ambient air quality 

standard for the contaminant. 
20.2.72 NMAC September 6, 2006 15

B. A new source or modification of an existing source subject to this section shall offset the ambient 

impact of its emissions by: 

 (1) obtaining emission offsets for proposed emissions in an amount greater than one-to-one such that 

a net air quality benefit will occur; and 

 (2) ensuring emission offsets are quantifiable, enforceable, and permanent by meeting the following 

sections of 20.2.79 NMAC: 

 (a) 20.2.79.114 NMAC (emission offset baseline); 

 (b) 20.2.79.115 NMAC (emission offsets); and 

 (c) 20.2.79.117 NMAC (air quality benefit). 

C. An existing source that is subject to this section shall demonstrate a net air quality benefit of at 

least a 20 percent reduction in ambient impact for each applicable contaminant. The 20 percent reduction shall be 

calculated as the projected source impact subtracted from the existing source impact divided by the existing source 

impact. The net air quality benefit must also meet the requirements of 20.2.79.117 NMAC (air quality benefit). 

[11/30/95; 20.2.72.216 NMAC - Rn, 20 NMAC 20.2.72.II.216, 2/2/01; A, 9/6/06] 

20.2.72.217 COMPLIANCE CERTIFICATIONS: 

A. Notwithstanding any other provision in the New Mexico State Implementation Plan approved by 

the Administrator, for the purpose of determining compliance, an owner or operator is not prohibited from using 

monitoring as required under 20.2.70 NMAC and incorporated into an operating permit in addition to any specified 

compliance methods. 

B. The requirements of this section are only applicable to those sources which, in addition to being 

subject to this Part are either: defined as a major source under 20.2.70 NMAC (Operating Permits), or; subject to 

20.2.82 NMAC (Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air 

Pollutants). 

[11/30/95] 

20.2.72.218 ENFORCEMENT: Notwithstanding any other provision in the New Mexico State 

Implementation Plan approved by the Administrator, any credible evidence may be used for the purpose of 

establishing whether a person has violated or is in violation of the terms or conditions of a permit issued pursuant to 

this Part, including permits for sources meeting the applicability requirements 20.2.74 NMAC (Prevention of 

Significant Deterioration), or 20.2.79 NMAC (Permits - Nonattainment Areas). 

A. Information from the use of the following methods is presumptively credible evidence of whether 

a violation has occurred at the source: 

 (1) A monitoring or information gathering method approved for the source pursuant to 20.2.70 

NMAC and incorporated in an operating permit; or 

 (2) Compliance methods specified in the New Mexico State Implementation Plan. 

 B. The following testing, monitoring or information gathering methods are presumptively credible 

testing, monitoring or information gathering methods: 

 (1) Any federally enforceable monitoring or testing methods, including those in 40 CFR, parts 51, 

60, 61 and 75; and 

 (2) Other testing, monitoring or information gathering methods that produce information comparable 

to that produced by any method in Subsection A of 20.2.72.218 NMAC or Paragraph 1 of Subsection B of 

20.2.72.218 NMAC, above. 

 C. The requirements of this section are only applicable to those sources which, in addition to being 

subject to this Part, are either: defined as a major source under 20.2.70 NMAC (Operating Permits), or; subject to 

20.2.82 NMAC (Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air 

Pollutants). 

[11/30/95] 

20.2.72.219 PERMIT REVISIONS:

A. Administrative Permit Revisions:

 (1) Administrative permit revision procedures may be used only for those permit revisions that: 

 (a) Correct typographical errors; 

 (b) Provide for a minor administrative change at the source, such as a change in ownership or 

a change in the address or phone number of any person identified in the permit; 
20.2.72 NMAC September 6, 2006 16

 (c) Incorporate a change in the permit solely involving the retiring of a source or closing of a 

facility upon notification of the Department that the permittee has ceased operations of the source or facility; 

 (d) Incorporate a change in the permit solely involving the deletion from the permit of a source 

or sources upon notification of the Department that the source or sources have not been and will not be built; or 

 (e) Incorporate a source or activity at the facility which is exempted under Subsection B of 

20.2.72.202 NMAC; 

 (2) The permittee shall apply for an administrative permit revision by filing a certified written 

notification of the proposed revision with the Department which includes all information required by the 

Department to review the request. The certification shall be made as required under Paragraph 12 of Subsection A 

of 20.2.72.203 NMAC; 

 (3) The administrative permit revision is effective upon receipt of the notification by the Department; 

 (4) Administrative permit revisions shall not be subject to public notification requirements under 

Subsection B of 20.2.72.203 NMAC and 20.2.72.206 NMAC. The Department shall attach the revision to the 

permit; 

 (5) Administrative permit revisions shall not be subject to filing fees or permit fees under 20.2.75 

NMAC (Construction Permit Fees); 

 (6) The Department is not required to reissue the permit to incorporate an administrative permit 

revision. 

 B. Technical Permit Revisions:

 (1) Technical permit revision procedures may be used only for: 

 (a) Permit revisions that incorporate a change in the permit solely involving a change to 

monitoring, record keeping, or reporting requirements by the permittee, provided that the Department determines 

that such change does not reduce the enforceability of the permit; 

 (b) Permit revisions that incorporate a change in the permit solely involving additional 

equipment with a potential emission rate of no more than one (1) pound per hour for any pollutant for which a 

National or New Mexico Ambient Air Quality Standard has been set or one (1) pound per hour for any VOC; 

 (c) Permit revisions that incorporate a change in the permit solely involving the placement of 

permit conditions, including emissions limitations, on sources which existed on August 31, 1972 and which have 

been regularly operated since that time; 

 (d) Modifications that replace an emissions unit for which the allowable emissions limits have 

been established in the permit, provided that the new emissions unit: 

 (i) Is equivalent to the replaced emissions unit, and serves the same function within the 

facility and process; 

 (ii) Has the same or lower capacity and potential emission rates; 

 (iii) Has the same or higher control efficiency, and stack parameters which are at least as 

effective in the dispersion of air pollutants; 

 (iv) Would not result in an increase of the potential emission rate of any other equipment 

at the facility; 

 (v) Shall be subject to the same or lower allowable emissions limits under the permit, 

and to all other permit conditions which have applied to the replaced emissions unit; 

 (vi) Would not, when operated under applicable permit conditions, cause or contribute 

to a violation of any National or New Mexico Ambient Air Quality Standard; and 

 (vii) Would not, as determined by the Department, require additional permit conditions 

in order to ensure the enforceability of the permit, such as additional record keeping or reporting to show 

compliance; 

 (e) Permit revisions that make adjustments to the emissions limitations based on the result of 

the initial compliance test(s), provided that: 

 (i) The test is performed in accordance with permit conditions; 

 (ii) Such adjustment occurs within six (6) months of the compliance test; 

 (iii) No other such adjustment has occurred since the most recent permit issuance or 

reissuance; 

 (iv) Such adjustment does not: alter any other permit condition; trigger additional 

requirements under any other Part, including 20.2.74 NMAC (Prevention of Significant Deterioration); or result in 

allowable emissions which could contribute to a violation of any National or New Mexico Ambient Air Quality 
20.2.72 NMAC September 6, 2006 17

Standard; 

 (v) Such request does not increase the permitted allowable emissions of the unit(s) on 

which the initial compliance test(s) have been performed by more than ten (10) percent; and 

 (vi) Where the permit fee calculated under 20.2.75 NMAC (Construction Permit Fees) 

would have been greater if it had been based on the potential emission rate as indicated by the compliance test, the 

balance of the permit fee is submitted as part of the technical permit revision application; 

 (f) Permit revisions that incorporate a change in the permit solely involving the addition of air 

pollution control equipment or the substitution of a different type of air pollution control equipment to existing 

equipment provided that such addition or substitution shall not result in an increase in the potential emission rate of 

more than one (1) pound per hour for any pollutant for which a National or New Mexico Ambient Air Quality 

Standard has been set, or one (1) pound per hour for total VOCs; or 

 (g) Permit revisions that incorporate terms and conditions in the permit, such as a cap on hours 

of operation, limitations on throughput of a specific product or products, or limitations on equipment capacity, for 

the purpose of reducing the potential emission rate of a unit or source. 

 (2) A request for a technical permit revision shall be accomplished by filing a certified written 

notification of the proposed revision with the Department on forms provided by the Department and shall include all 

information required by the Department to review the request. The certification shall be made as required under 

Paragraph 12 of Subsection A of 20.2.72.203 NMAC; 

 (3) The Department shall approve or deny the technical permit revision, or inform the applicant that 

the request must be submitted as a significant permit revision: 

 (a) Within thirty (30) days of receipt of the application; or 

 (b) If in response to significant public interest the Department holds a public meeting 

regarding the technical permit revision, within sixty (60) days of receipt of the application; 

 (4) The Department may deny an application for a technical permit revision or require that such 

application be submitted as a significant permit revision if: 

 (a) Such revision does not meet the criteria of this section; 

 (b) In the judgment of the Department the revision would require a decision on a significant or 

complex issue; or 

 (c) In the judgment of the Department the permittee has submitted multiple or subsequent 

applications for technical permit revisions under this Part that segment a larger revision or modification that would 

not be eligible for a technical permit revision; 

 (5) The technical permit revision shall become effective upon written approval from the Department; 

 (6) Technical permit revisions shall not be subject to public notification requirements under 

Paragraphs 1, 4 and 5 of Subsection B of 20.2.72.203 NMAC, and 20.2.72.206 NMAC. The Department shall 

attach the technical permit revision to the permit. 

C. [RESERVED]

D. Significant Permit Revisions:

 (1) A significant permit revision is required for any modification to a source, and for revisions to any 

term or condition of such permit, including but not limited to emissions limitation, control technology, operating 

conditions, and monitoring requirements; that: 

 (a) Do not meet the criteria under the provisions for administrative or technical permit 

revisions under Subsections A or B of 20.2.72.219 NMAC; or 

 (b) Meet the applicability criteria under 20.2.72.402 NMAC regarding toxic air pollutants; 

 (2) Applications for significant permit revisions shall meet all requirements of this Part for permits 

and shall be processed in accordance with the public notice, review, and hearing procedures set forth in this Part for 

such permits. 

[11/30/95; Rn, 20 NMAC 2.72.202, 01/07/98; A, 01/07/98; A, 01/01/00; 20.2.72.219 NMAC - Rn, 20 NMAC 

2.72.219, 02/02/01; A, 08/27/03] 

20.2.72.220 GENERAL PERMITS: 

A. Issuance of General Construction Permits:

 (1) The Department may, after notice under Subsections A and B of 20.2.72.206 NMAC and a public 

hearing with opportunity for public participation under Subsection C of 20.2.72.206 NMAC issue one or more 

general construction permits, each covering numerous similar sources. Sources registered for coverage under a 
20.2.72 NMAC September 6, 2006 18

general permit shall be generally homogeneous in terms of operations, processes and emissions, subject to the same 

or substantially similar requirements, and not subject to case-by-case standards or requirements. 

 (2) Each general construction permit shall: 

 (a) Describe which sources may qualify to register under the general construction permit; 

 (b) Specify the contents of a complete application to register under the general construction 

permit. The Department may, in the general construction permit, provide for applications which deviate from the 

requirements under 20.2.72.203 NMAC, provided that such applications include: 

 i. All information necessary to determine qualification for, and to assure compliance 

with, the general construction permit; and 

 ii. Applicant’s public notice requirements including, at a minimum, a notice: a) 

published once in the legal notices section of a newspaper in general circulation in the county or counties in which 

the property on which the facility is proposed to be constructed or operated is located; and b) posted at the proposed 

or existing facility entrance in a publicly accessible and conspicuous place on the property on which the facility is, 

or is proposed to be, located, until the general permit registration is granted or denied; 

 (c) Contain permit terms and conditions which apply to all sources registered under the general 

construction permit, and which include: 

 i. Sufficient terms and conditions to assure that all sources registered under and 

operating in accordance with the general construction permit will meet all applicable requirements under the federal 

Act, the New Mexico Air Quality Control Act and this Chapter (Air Quality), including 20.2.74 NMAC (Prevention 

of Significant Deterioration), 20.2.77 NMAC (New Source Performance Standards), 20.2.78 NMAC (Emission 

Standards for Hazardous Air Pollutants), 20.2.79 NMAC (Permits - Nonattainment Areas), and 20.2.82 NMAC 

(Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air Pollutants), and will 

not cause or contribute to air contaminant levels in excess of any National or New Mexico Ambient Air Quality 

Standard; and 

 ii. Monitoring, record keeping and reporting requirements appropriate to the source and 

sufficient to ensure compliance with the general construction permit. At a minimum, the general permit shall 

specify where the records shall be maintained, how long the records shall be retained and that all records or reports 

shall be made available upon request by the Department; 

 iii. As appropriate, terms and conditions to address and report emissions occurring 

during upsets, startups and maintenance; and 

 (d) Specify that any document, including any application form, report, compliance certification 

and supporting data, submitted pursuant to this section (20.2.72.220 NMAC) shall contain a certification that meets 

the requirements of Paragraph 10 of Subsection A of 20.2.72.203 NMAC. 

B. Revisions to a General Construction Permit:

 (1) The Department may, after notice under Subsections A and B of 20.2.72.206 NMAC and a public 

hearing with opportunity for public participation under Subsection C of 20.2.72.206 NMAC, revise a general 

construction permit. Notice of the proposed revision shall also be sent to the owner or operator of all sources 

registered under the general construction permit. 

 (2) Revisions to a general construction permit shall include a reasonable transition schedule for 

existing registered sources to comply with the revised permit. The Department shall revise the general permit terms 

and conditions only to the extent necessary to ensure that the requirements of Sub-paragraph (c) of Paragraph 2 of 

Subsection A of 20.2.72.220 NMAC are met. 

C. Registration under a General Construction Permit:

 (1) The owner or operator of a source required to obtain a permit pursuant to this Part and which 

qualifies to register under a general construction permit shall either: 

 (a) Apply to the Department to register under the terms of the general construction permit; or 

 (b) Apply for a construction permit under 20.2.72.200 NMAC. 

 (2) Within thirty (30) days of receiving an application to register under a general construction permit, 

the Department shall review the application for completeness and shall grant or deny the registration. The 

Department shall not grant the registration until at least fifteen (15) days after the date the applicant’s public notice 

was initiated. The Department shall notify the applicant of its determination by certified mail. The Department 

shall attach a copy of the general construction permit to registration approvals. 

 (3) The Department shall grant registration under a general permit to a source only if: 

 (a) The application is complete and meets the requirements of this section (20.2.72.220 

NMAC); and 
20.2.72 NMAC September 6, 2006 19

 (b) The source meets the terms and conditions of the general permit. 

 (4) The Department may grant or deny an application to register under a general construction permit 

without repeating the public notice and participation procedures required under 20.2.72.206 NMAC. 

 (5) Administrative review under Sections 74-2-7.H through L NMSA 1978 shall be available for a 

determination made by the Department of whether or not a source qualifies to register for coverage under a general 

construction permit. However, administrative review of a registration for coverage under a general construction 

permit shall not extend to administrative review of the general permit itself. Administrative review of the general 

construction permit shall be available under Sections 74-2-7.H through L NMSA 1978 only upon issuance or 

revision of the general permit as a permitting action. 

 (6) Sources shall be subject to enforcement action for construction without a permit if: 

 (a) Construction of a source is commenced prior to the receipt of the Department’s written 

approval of registration under a general construction permit; or 

 (b) It is determined after construction commences that a source does not qualify for coverage 

under the general construction permit. 

 (7) A general permit registration may be canceled, consistent with the provisions of 20.2.72.211 

NMAC, for any source which ceases operation for five years or more, or permanently, and for any source for which 

the construction or modification is not commenced within two years from the date of issuance or, if during the 

construction or modification, work is suspended for a total of one year. The owner or operator shall notify the 

Department of the anticipated and actual startup of a source, consistent with the provisions of 20.2.72.212 NMAC. 

 D. Modifications to Sources Registered Under a General Construction Permit: Each general 

construction permit shall provide that, prior to modification of a source which is registered under a general 

construction permit, the owner or operator shall: 

 (1) For those modifications for which the facility will continue to meet the conditions of the general 

construction permit after the modification, notify the Department in writing of such modification; and 

 (2) For those modifications for which the source will not continue to meet the conditions of the 

general construction permit after such modification, obtain a construction permit from the Department under this 

Part prior to the modification. 

[N, 04/22/98; 20.2.72.220 NMAC - A, 02/02/01] 

20.2.72.221 ACCELERATED REVIEW: 

A. Qualified Outside Firms:

 (1) The Department shall request proposals from persons interested in providing assistance as a 

qualified outside firm in the accelerated review of construction permit applications under this Part. 

 (2) The Department shall evaluate the proposal submitted by the person. To be eligible to contract 

with the Department as a qualified outside firm a person must: 

 (a) Be legally qualified to contract with the Department; and 

 (b) Be qualified to assist the Department in review of permit applications, as determined by the 

Department in the Department's sole discretion. 

 (3) Persons who are selected as qualified outside firms shall be under contract with the Department 

for accelerated review of construction permit applications under this section. 

B. Requests for Accelerated Review:

 (1) At the sole discretion of the applicant, a construction permit applicant under this Part may request 

accelerated permit review of the application by a qualified outside firm. Applications for accelerated review shall 

be preceded by a pre-application meeting between the applicant and the Department. Requests for accelerated 

review shall not be granted unless there is at least one qualified outside firm under contract with the Department 

pursuant to Paragraph 3 of Subsection A of 20.2.72.221 NMAC. If there are no firms under contract to provide 

accelerated review, the Department shall review the application in accordance with 20.2.72.207 NMAC. 

 (2) Such request for accelerated permit review shall be submitted with the construction permit 

application along with a corporate check or money order for the amount of the accelerated review filing fee as 

specified in 20.2.75 NMAC. The Department shall notify the applicant of the names and addresses of the qualified 

outside firms. The applicant shall deliver a copy of the application, by mail or hand delivery, to each qualified 

outside firm identified by the Department, unless the applicant is aware of a conflict of interest. 

 (3) Participation in the accelerated permit review process shall not relieve the applicant of any 

responsibilities specified in this chapter. 

 (4) Applicants who have opted for accelerated review under this section shall be subject to 
20.2.72 NMAC September 6, 2006 20

supplementary fees pursuant to 20.2.75 NMAC which shall be assessed in addition to all other applicable fees 

levied under 20.2.75 NMAC. 

 (5) Qualified outside firms under contract which are interested in performing the accelerated review 

on a specific application shall submit to the Department: 

 (a) A statement of interest; 

 (b) A statement of qualifications for that specific application; 

 (c) An estimate of the cost and schedule for the review; and 

 (d) A notarized affidavit attesting that no conflict of interest exists on the specific permit 

application. 

 (6) If no qualified outside firm submits the four items required by Paragraph 5 of Subsection B of 

20.2.72.221 NMAC, the Department shall apply the accelerated review filing fee to the permit fee in accordance 

with 20.2.75 NMAC and review the application without the assistance of a qualified outside firm and in accordance 

with 20.2.72.207 NMAC. 

 (7) The Department shall review the submittals and determine, in the Department's sole discretion, 

which firms qualify for any specific application. 

 (8) Prior to determining any application administratively complete for which accelerated review has 

been requested as allowed under 20.2.72.203 NMAC, the Department shall provide the applicant a written summary 

of the qualified submittals showing the costs to the applicant of the accelerated review and the anticipated schedule 

for application review, permit development and permit issuance. 

 (9) Applicant’s Responsibilities for Response to Submittal Summary: 

 (a) Within five (5) working days of receipt of the Department’s bid summary the applicant 

shall either: (i) submit to the Department a written recommendation to accept one of the accelerated review bids, or 

a prioritized list of more than one of the accelerated review bids, including a brief justification for the 

recommendation(s) along with a corporate check or money order payable to the Department for the amount of the 

accelerated review bid and a notarized affidavit attesting that no conflict of interest exists on the specific permit 

application; or (ii) submit to the Department a written withdrawal of the request for accelerated review. 

 (b) The request for accelerated review is deemed withdrawn if the applicant fails to submit a 

written recommendation or withdrawal within five (5) working days of receipt of the Department’s bid summary 

unless the Department has granted an extension. 

 (10) Department’s Selection of Qualified Outside Firm 

 (a) If the request for accelerated review is withdrawn, the Department shall retain the 

accelerated review filing fee in accordance with 20.2.75 NMAC and shall review the application without the 

assistance of a qualified outside firm and in accordance with 20.2.72.207 NMAC. 

 (b) If the applicant recommends a qualified submittal, the Department shall determine whether 

to accept the recommended submittal. If the Department accepts the recommended submittal it shall instruct the 

qualified outside firm to begin review of the application. If the Department rejects the recommended submittal, it 

shall inform the applicant and allow the applicant to recommend an alternate submittal pursuant to Paragraph 9 of 

Subsection B of 20.2.72.221 NMAC or, if there are no other qualified submittals, the Department shall retain the 

accelerated review filing fee in accordance with 20.2.75 NMAC and review the application without the assistance of 

a qualified outside firm and in accordance with 20.2.72.207 NMAC. 

C. Disclosure of Conflicts During Accelerated Review:

 (1) The applicant and the qualified outside firm have a continuing obligation to investigate potential 

conflicts of interest and to immediately disclose, in writing, any conflict of interest to the Department. If a conflict 

of interest was not disclosed pursuant to Subparagraph d of Paragraph 5 of 20.2.72.221 NMAC or Subparagraph a 

of Paragraph 9 of Subsection B of 20.2.72.221 NMAC, and is later disclosed or discovered, the Department may: 

 (a) Deny the application pursuant to 20.2.72.208 NMAC; 

 (b) Terminate accelerated review and review the application pursuant to 20.2.72.207 NMAC; 

or 

 (c) Allow accelerated review to continue after elimination of the conflict. 

 (2) In choosing between these options the Department shall consider whether the conflict of interest 

was disclosed or discovered, the timing of the disclosure or discovery, diligence in investigating potential conflicts 

of interest, any indication of intentional or willful failure to disclose, significance of the conflict of interest, and 

ability to eliminate the conflict of interest in a timely manner. 

D. Issuance of a Permit After Accelerated Review:

 (1) Upon completion of the review, the qualified outside firm shall provide the Department with all 
20.2.72 NMAC September 6, 2006 21

documentation, including but not limited to all communications, notes, and drafts, pertaining to the permit 

application. At any time during the review, the qualified outside firm shall provide all documentation pertaining to 

a specific application to the Department upon request. Such documentation shall be subject to the Inspection of 

Public Records Act, Chapter 14, Article 2 NMSA 1978, and the Confidential Information Section of the Air Quality 

Control Act, Section 74-2-11 NMSA 1978. 

 (2) The Department shall review the analysis prepared by the qualified outside firm and shall issue a 

permit or deny the permit application in accordance with this Part. The qualified outside firm’s analysis is not 

binding on the Department. The Department retains final authority to accept or reject the qualified outside firm’s 

analysis regarding the permit application. 

 (3) The Department shall not issue the permit until both the accelerated review processing fee and 

any fees due pursuant to 20.2.75 NMAC have been paid. 

[20.2.72.221 NMAC - N, 03/30/01] 

20.2.72.222 – 20.2.72.299 [RESERVED] 

20.2.72.300 DEFINITIONS: In addition to the definitions in 20.2.72.7 NMAC, the following definitions 

apply to 20.2.72.300 NMAC - 20.2.72.399 NMAC: 

 A. "Compressor station" means a facility whose primary function is the extraction of crude oil, 

natural gas, or water from the earth with compressors, or movement of any fluid, including crude oil or natural gas, 

or products refined from these substances through pipelines or the injection of natural gas or CO2 back into the 

earth using compressors. A compressor station may include engines to generate power in conjunction with the other 

functions of extraction, injection or transmission and may contain emergency flares. A compressor station may 

have auxiliary equipment which emits small quantities of regulated air contaminants, including but not limited to, 

separators, de-hydration units, heaters, treaters and storage tanks, provided the equipment is located within the same 

property boundaries as the compressor engine. 

B. "Good engineering practice stack height" means HsubGEP = H + 1.5L, where H equals the 

height of any building or obstruction within 5L of the stack, and L equals the lesser of the height or maximum 

projected width of the building or obstruction. 

C. "Impact area" means the circular area with a radius extending from the source to the most 

distant point where the total potential emissions from the facility will cause a significant ambient impact (i.e., equal 

or exceed the applicable significant ambient impact level in 20.2.72.500 NMAC. 

D. "Maximum projected width" means the largest crosswind building or obstruction dimension. 

E. "Potential to emit" or "potential emissions" means the maximum capacity of a stationary 

source to emit a regulated air contaminant under its physical and operational design. Any physical or operational 

limitation on the capacity of the source to emit a regulated air contaminant, including air pollution control 

equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or 

processed, shall be treated as part of its design if the limitations or the effect it would have on emissions is federally 

enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. 

F. "Secondary emissions" means emissions of an air contaminant which occur as a result of the 

construction or operation of a stationary source or modification, but do not come from the stationary source or 

modification itself. 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 construction or operation of the stationary source or 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. 

G. "SUM" means the sum of the potential emissions for oxides of nitrogen from all adjacent 

sources. 

H. "SUM15" means the sum of the potential emissions for oxides of nitrogen from all adjacent 

sources within 15 km of the NO2 impact area. 

I. "SUM25" means the sum of the potential emissions for oxides of nitrogen from all adjacent 

sources within 25 km of the NO2 impact area. 

J. "Sweet natural gas" means natural gas containing no more than 0.25 grains of hydrogen sulfide 

per 100 standard cubic feet of gas. 

[11/30/95; A, 11/14/98] 
20.2.72 NMAC September 6, 2006 22

20.2.72.301 APPLICABILITY: 

A. Any owner or operator intending to construct or modify a source which requires a permit under 

the provisions of 20.2.72.200 NMAC may elect to obtain a permit under 20.2.72.300 NMAC - 20.2.72.399 NMAC 

if the source category is listed in 20.2.72.501 NMAC. 

B. 20.2.72.300 NMAC - 20.2.72.399 NMAC shall not apply to: 

 (1) Any "major stationary source" as defined in 20.2.74 NMAC; 

 (2) Any facility, either before or after construction or modification, with a total potential to emit of 

any regulated air contaminant greater than 200 tons per year (tpy); 

 (3) Any source subject to the requirements of 20.2.78 NMAC or 20.2.72.400 NMAC - 20.2.72.499 

NMAC; 

 (4) Any reciprocating internal combustion (IC) engines and/or turbines located at petroleum 

refineries, chemical manufacturing plants, bulk gasoline terminals, natural gas processing plants, or at any facility 

containing sources in addition to IC engines and/or turbines for which an air quality permit is required through state 

or federal air quality regulations; 

 (5) Any source which emits or proposes to emit those contaminants for which the impact area from 

the facility intersects an area, or for which the area itself is: 1) designated nonattainment for federal ambient air 

quality standards; or 2) nonattainment for federal PSD increments or state ambient air quality standards according to 

ambient data or air quality modeling; or 3) shown by air quality data or dispersion or other air quality modeling that 

air contaminants have consumed more than 80% of state or federal ambient air quality standards or PSD increments 

for those areas where the baseline has been triggered for the specific PSD increments; 

 (6) Any source with the nearest property boundary located less than: 

 (a) 1 kilometer (km) from a school, residence, office building, or occupied structure. 

Buildings and structures within the immediate industrial complex of the source are not included. 

 (b) 3 km from the property boundary of any state park, Class II wilderness area, Class II 

national wildlife refuge, national historic park, state recreation area, or community with a population of more than 

twenty-thousand people. 

 (c) 10 km from the boundary of any community with a population of more than forty-thousand 

people, or 

 (d) 30 km from the boundary of any Class I area; 

 (7) Any source located in Bernalillo County or within 15 km of the Bernalillo County line. 

C. The following sections and subsections of 20.2.72.200 NMAC - 20.2.72.299 NMAC apply to 

permit applications submitted pursuant to 20.2.72.300 NMAC - 20.2.72.399 NMAC: Subsections A, B and E 

through H of 20.2.72.200 NMAC, 20.2.72.202 NMAC, 20.2.72.204 NMAC, 20.2.72.205 NMAC, Subsection C of 

20.2.72.206 NMAC, Subsections D through G of 20.2.72.207 NMAC, 20.2.72.208 NMAC, 20.2.72.209 NMAC, 

20.2.72.210 NMAC, 20.2.72.211 NMAC, 20.2.72.212 NMAC, 20.2.72.214 NMAC and 20.2.72.215 NMAC. The 

remainder of 20.2.72.200 NMAC - 20.2.72.299 NMAC does not apply to applications submitted pursuant to 

20.2.72.300 NMAC - 20.2.72.399 NMAC. 

D. Any source, including compressor stations, consisting of IC engines and/or turbines must comply 

with one of the following three criteria, Paragraph 1, 2, or 3 of Subsection D of 20.2.72.301 NMAC, in order to 

qualify for source class permit streamlining under 20.2.72.300 NMAC - 20.2.72.399 NMAC (In demonstrating 

compliance with Subsection D of 20.2.72.301 NMAC, the Department shall give no credit for modeled reductions 

in ambient air concentrations due to so much of a source's stack which exceeds good engineering stack height, or 

fifty (50) feet in situations where there are not obstructions or buildings associated with the source): 

 (1) The total potential to emit of each regulated contaminant from all sources at the facility shall be 

less than 40 tpy. The potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen; or 

 (2) The total potential to emit of each regulated contaminant from all emission sources at the facility 

shall be less than 100 tons per year (tpy) and the impact on ambient air from all sources at the facility shall be less 

than the ambient significance levels in 20.2.72.500 NMAC, Table 1. The potential to emit for nitrogen dioxide shall 

be based on total oxides of nitrogen expressed as nitrogen dioxide; or 

 (3) The maximum modeled ambient impact from the total potential emissions at the facility shall be 

less than 50 percent of each applicable PSD increment, for those areas where the baseline has been triggered for the 

specific PSD increments, and state and federal ambient air quality standards; and 

 (a) There shall be no adjacent sources emitting the same regulated air contaminant(s) as the 

source within 2.5 km of the modeled nitrogen dioxide (NO2) impact area; and 
20.2.72 NMAC September 6, 2006 23

 (b) The "sum of the potential emissions for oxides of nitrogen from all adjacent sources" 

(SUM) within 15 km of the NO2 impact area (SUM15) shall be less than 740 tpy; and 

 (c) The SUM25 within 25 km from the NO2 impact area shall be less than 1540 tpy. 

 (4) Modifications to the auxiliary emission generating equipment at a facility qualifying and electing 

source class permit streamlining may commence without obtaining a permit for such modification as long as the 

total potential to emit of all auxiliary equipment remains at or below 1.0 lb/hr for any one regulated air contaminant 

and as long as the total potential to emit of each regulated air contaminant from the compressor station meets the 

requirements of Paragraphs 1 or 2 of Subsection D of 20.2.72.301 NMAC or previously qualified under Paragraph 3 

of Subsection D of 20.2.72.301 NMAC. The applicant shall provide, in writing, the nature of all changes to the 

Department no later than 15 days prior to the expected change. 

[11/30/95; A, 01/01/00; 20.2.72.301 NMAC - A, 02/02/01] 

20.2.72.302 CONTENTS OF APPLICATION: 

A. Any person seeking a permit under 20.2.72.300 NMAC - 20.2.72.399 NMAC shall do so by filing 

a written application with the Department. For those applications not qualifying under Subsection A of 20.2.72.303 

NMAC, the applicant shall also: 

 (1) Provide by certified mail a complete copy of the application and public notice to the Department's 

field or district office nearest the source; and 

 (2) Provide by certified mail a copy of the public notice to the appropriate federal land manager if the 

source will locate within 50 km of the boundary of a Class I area. 

B. The items of this section, if requested on the applicable application form, are required before the 

Department may deem an application administratively complete. The applicant shall submit the number of copies of 

the permit application specified in the applicable application form. All applications shall be filed on the forms 

furnished by the Department and shall include: 

 (1) The applicant's name and address, the person to contact regarding the application, and the name 

and address of the new source or modification; 

 (2) A description of the new facility or modification including all operations effecting air emissions; 

 (3) The anticipated operating schedule; 

 (4) A topographical map, at least as detailed as a 7.5 minute United States Geological Survey 

Topographic Quadrangle, showing the exact location and geographical coordinates of the stationary source; 

 (5) The Universal Transverse Mercator (UTM) horizontal and vertical coordinates for the facility; 

 (6) A plot plan showing the location of emission units with respect to the plant's property boundaries 

and the dimensions of any buildings, terrain, or obstructions which may cause emissions to be downwashed; 

 (7) A detailed description of any air pollution control device or method to be utilized, including the 

basis for the estimated control efficiency; 

 (8) The stack and exhaust gas parameters for all emission points, including calculations and 

manufacturer's or supplier's data which documents the emission rates and exhaust gas parameters; 

 (9) A comprehensive regulatory compliance review, including all pertinent data and calculations, for 

each applicable new source performance standard, such as 40 CFR 60, Subpart GG - Standards of Performance for 

Stationary Gas Turbines; 

 (10) Documentation of the manufacturer's or supplier's recommended maintenance schedules and 

procedures for all air pollution control equipment; 

 (11) A compliance demonstration based on US EPA approved modeling or analysis, including all 

pertinent calculations and computations, for all applicable requirements of 20.2.72.300 NMAC - 20.2.72.399 

NMAC for any facility electing to obtain a permit under 20.2.72.300 NMAC - 20.2.72.399 NMAC; 

 (12) Documentary proof that the requirements of Paragraphs 1 and 2 of Subsection A of 20.2.72.302 

NMAC have been satisfied; 

 (13) The notarized signature under oath or affirmation by the operator, the owner, or an authorized 

representative, certifying to the best of his or her knowledge the truth of all information submitted; 

 (14) Payment of any fees which are specified in 20.2.75 NMAC (Construction Permit Fees) as 

payable at the time the application is submitted; and 

 (15) Any other specifically identified relevant information as the Department may reasonably 

require. 

[11/30/95; A, 01/01/00] 
20.2.72 NMAC September 6, 2006 24

20.2.72.303 PUBLIC NOTICE AND PARTICIPATION:

A. Applications qualifying under the following paragraphs of 20.2.72.300 NMAC - 20.2.72.399 

NMAC are not subject to Subsection B of 20.2.72.303 NMAC and Paragraph 2 of Subsection C of 20.2.72.303 

NMAC: Paragraphs 1 and 2 of Subsection D of 20.2.72.301 NMAC. 

B. The applicant shall: 

 (1) Publish notice once in a newspaper of general circulation in the area closest to the location of the 

source. This notice shall appear in either the classified or legal advertisements section of the newspaper. Notice 

shall be published in accordance with Department guidance documents and must include: 

 (a) The applicant's name and address; 

 (b) The address and phone number of the Department's Air Quality Bureau in Santa Fe, and 

the address of the field or district office where a copy of the application will be sent as required in Subsection A of 

20.2.72.302 NMAC; 

 (c) The location and a brief description of the source; 

 (d) A summary of estimated emissions and ambient impact for each regulated contaminant for 

the entire facility; 

 (e) Where required in 20.2.72.300 NMAC - 20.2.72.399 NMAC, the applicant's public notice 

shall contain the following statement: "Any comments submitted on this permit application should address the 

relevant requirements of state and federal air quality regulations and the Federal Clean Air Act and the state Air 

Quality Control Act. The comments shall be submitted to the Department's Air Quality Bureau in Santa Fe within 

thirty (30) days following the date of publication"; 

 (f) Any other information required by the Department; and 

 (2) Post the notice at the proposed or existing facility entrance on the property on which the facility 

is, or is proposed to be located prior to submittal of the application and remaining posted until the Department takes 

final action on the permit. 

C. The Department shall: 

 (1) Make available for public inspection the permit application. Copies of any permit application, 

except those portions of which may be determined as confidential in accordance with 20.2.1 NMAC (General 

Provisions), will be supplied upon written request and payment of reasonable costs. 

 (2) Allow all interested persons thirty (30) days from the date of publication of the applicant's public 

notice in a newspaper of general circulation, to submit written comments or evidence on the application. 

[11/30/95] 

20.2.72.304 PERMIT DECISIONS: 

 A. The Department shall within thirty (30) days after its receipt of an application for a permit or 

permit revision review such application and determine whether it is administratively complete. 

 (1) If the application is deemed administratively complete, a certified letter to that effect shall be sent 

to the applicant. 

 (2) If the application is deemed administratively incomplete, a certified letter shall be sent to the 

applicant stating what additional information or points of clarification are necessary to deem the application 

administratively complete. Upon receipt of such information, the Department shall promptly review such 

information and determine whether the application is administratively complete. 

 (3) If the application is deemed administratively complete but no permit is required, a certified letter 

shall be sent to the applicant informing the applicant of the determination. 

B. The Department shall either grant, grant subject to conditions, or deny the permit or permit 

revision as soon as practicable after the Department deems the application administratively complete but not to 

exceed the times specified below: 

 (1) For applications qualifying under the Paragraphs 1 and 2 of Subsection D of 20.2.72.301 NMAC, 

within thirty (30) days; 

 (2) For all other applications, within sixty (60) days, or ninety (90) days if there is a hearing under 

20.2.72.206 NMAC. 

[11/30/95; A, 01/01/00] 

20.2.72.305 GENERAL REQUIREMENTS: All sources permitted pursuant to 20.2.72.300 NMAC - 

20.2.72.399 NMAC shall operate in compliance with the following conditions: 
20.2.72 NMAC September 6, 2006 25

A. A copy of the most recent permit issued by the Department shall be made available to Department 

personnel for inspection upon request. If the permit is not kept at the plant location, a notice at the plant site shall 

be located in a conspicuous place stating the facility name and ownership, air quality permit number, and the 

address and phone number of the Department in Santa Fe; 

B. The source shall operate in compliance with all applicable state and federal regulations, including 

federal new source performance standards incorporated by 20.2.77 NMAC and permit conditions; 

C. The owner or operator of the source shall be required to conduct such performance tests as 

specified by the Department to determine compliance with emission limitations or technology requirements as 

specified in an applicable regulation or permit condition. Specific schedules and requirements will be listed in 

20.2.72.306 NMAC for each source class and/or in the permit. Performance test requirements may be reimposed on 

a source as necessary if inspections of the source or other information available to the Department, indicate 

noncompliance, or the previous test showed noncompliance or was technically unsatisfactory. In such cases, the 

Department may reimpose such tests as frequently as necessary until compliance is achieved and testing is 

performed in a manner technically satisfactory to the Department. The owner or operator shall: 

 (1) Arrange a pretest meeting with the Department at least two weeks prior to the anticipated test 

date for all tests; 

 (2) Notify the Department at least thirty (30) days prior to the date and time of performance testing, 

and provide the Department an opportunity to have an observer present during testing; 

 (3) Conduct performance tests in accordance with methods and procedures specified by the 

Department. Whenever the requirements of 40 CFR 60 apply, test methods must be utilized as specified in those 

regulations; 

 (4) Submit a written report to the Department of the results of the test within thirty (30) days from 

the test date; and 

D. The owner or operator using a catalytic converter to meet the requirements of 20.2.72.300 NMAC 

- 20.2.72.399 NMAC shall satisfactorily test the reduction efficiency across the catalyst bed and report the results of 

the test to the Department according to the permit conditions, within ninety (90) days following initial start-up and 

on a quarterly basis thereafter, unless an alternative testing schedule is specified by the Department. The tests shall 

be conducted in accordance with the requirements of Subsection C of 20.2.72.305 NMAC and as required in the 

permit, except that the requirements of Paragraphs 1 and 2 of Subsection C of 20.2.72.305 NMAC shall be waived 

unless the Department specifically requests a pretest meeting or notification of the next test date. 

[11/30/95] 

20.2.72.306 SOURCE CLASS REQUIREMENTS: 

A. In addition to the general conditions of 20.2.72.305 NMAC, each permitted source listed in 

20.2.72.501 NMAC (Table 2) shall also comply with the applicable source class requirements below: 

 (1) Requirements for source class category 1 - reciprocating internal combustion (IC) engines: 

 (a) Gas fuel shall be produced natural gas, sweet natural gas, liquid petroleum gas, or fuel gas. 

No gas fuel shall contain more than 0.1 grain of total sulfur per dry standard cubic foot. Liquid fuel shall be first 

run refinery grade diesel or No. 2 fuel oil that is not a blend containing waste oils or solvents and contains less than 

0.3% by weight sulfur; 

 (b) Within ninety (90) days after initial start-up of the source, the owner or operator shall 

conduct NOx and carbon monoxide (CO) performance tests on one or more engines (turbines) at the facility to 

ensure the facility is in compliance with 20.2.72.300 NMAC - 20.2.72.399 NMAC and permit requirements, 

including emission limits and any applicable pollution control device reduction efficiency requirements for NOx. 

The Department shall specifically identify in the permit each engine or turbine subject to initial performance testing 

requirements. Tests shall be conducted in accordance with the requirements of Subsection C of 20.2.72.305 

NMAC; 

 (c) Any engine which operates with a non-selective catalytic converter shall comply with the 

following requirements: 

 i. Any spark ignited gas-fired or any compression ignited dual fuel-fired engine shall be 

equipped and operated with an automatic air-fuel ratio (AFR) controller which maintains AFR in the range required 

to minimize NOx emissions, as recommended by the manufacturer; and 

 ii. The owner or operator shall make and maintain records to demonstrate that the 

manufacturer's or supplier's recommended maintenance is performed, including replacement of the oxygen sensor as 
20.2.72 NMAC September 6, 2006 26

necessary for oxygen-based AFR controllers, and cleaning, regeneration, and/or replacement of catalyst(s) as 

necessary to maintain at least the NOx reduction efficiencies across the catalyst bed that are specified in the permit. 

B. Requirements for source class category 2 - turbines: The source must comply with Paragraphs 1 

and 2 of Subsection A of 20.2.72.306 NMAC. 

[11/30/95] 

20.2.72.307 – 20.2.72.399 [RESERVED] 

20.2.72.400 PREAMBLE: The Board is concerned about the increasingly common presence of toxic air 

pollutants in the ambient air. The Board believes that the best approach to regulating sources of toxic air pollutants 

over the long term is to set ambient standards for each pollutant of concern. However, because of financial 

constraints, the unavailability of sufficient information to establish such ambient standards, the time necessary to 

establish such standards for the contaminants identified as toxic air pollutants and because the Board wishes to 

implement a toxic air pollutant permitting program as soon as possible, the Board has adopted a source-by-source 

permit-based approach for the present. Under this permit-based approach, the Board has given limited authority to 

the Department to use factors of the OELs (occupational exposure limits) in evaluating permit applications. The 

Board recognizes that the use of OELs, or factors of them, as ambient air standards would be inappropriate; 

therefore, the Board has authorized their use for screening purposes only. This authorization is not intended to 

represent, and should not be interpreted as, a finding by the Board that these factors are suitable for determining safe 

or unsafe ambient air concentrations. Various respected groups, such as the American Conference of Governmental 

Industrial Hygienists (ACGIH), may develop ambient air exposure guidelines in the future. Development of 

ambient air guidelines by groups such as this could be the basis for developing toxic air pollutant ambient air 

standards. The Board also notes that the Department currently is developing an emissions inventory of toxic air 

pollutants. An emissions inventory may identify toxic air pollutants that are of particular concern in New Mexico. 

The Board believes that efforts like these may facilitate the development of toxic air pollutant ambient air standards. 

For these reasons, the Board requests the Department to prepare and present a report to the Board within five years 

of the effective date of the toxic air pollutant permitting requirements. The report shall review and evaluate the 

implementation of the toxic air pollutant permitting program, summarize the results of the toxic air pollutant 

inventory gathered pursuant to AQCR 752, and review scientific and technical progress made in the area of toxic air 

pollutants that might facilitate the development of toxic air pollutant ambient air standards. The Board shall 

schedule a discussion of this report at a regular monthly meeting within three months of the publication of this 

report. 

[11/30/95] 

20.2.72.401 DEFINITIONS: In addition to the definitions in 20.2.72.7 NMAC, the following definitions 

apply to 20.2.72.400 NMAC - 20.2.72.499 NMAC: 

 A. "Best available control technology" means an emission limitation based on the maximum 

degree of reduction in emissions of each contaminant subject to this Part which the Secretary (or the Board), on a 

case-by-case basis, taking into consideration the cost of achieving such emission reduction, and any non-air quality 

health and environmental impacts resulting from the use of such technology, determines is achievable for the 

source, through application of measures, processes, methods, systems, or techniques including, but not limited to, 

measures which: 

 (1) Reduce the volume of such pollutants through process changes, substitutions of materials, or 

other modifications, or 

 (2) Enclose systems or processes to eliminate emissions, or 

 (3) Collect, capture or treat such pollutants when released from a process, stack, storage, or fugitive 

emission point. 

B. "Existing source" means any source, the construction or modification of which was commenced 

on or before December 31, 1988. 

C. "Fixed capital costs" means that capital needed to provide all the depreciable components. 

D. "New source" means any source, the construction of which is commenced after December 31, 

1988. The term does not include any new source which is integrally related with and integrally connected to the 

process of an existing source. The term includes the reconstruction of an existing source. 

E. "Occupational Exposure Limit" or "OEL" means the eight-hour time weighted average 

concentration specified for workroom air in "Threshold Limit Values and Biological Exposure Indices for 1986-
20.2.72 NMAC September 6, 2006 27

1987" as adopted by the American Conference of Governmental Industrial Hygienists, or for compounds not 

assigned an OEL in that document, the minimum detection limit specified in the National Institute for Occupational 

Safety and Health "Manual of Analytical Methods", Third Edition. 

F. "Oil and gas production facilities" means facilities for the exploration, development, 

production, treatment, separation, storage, transport, and sale of unrefined hydrocarbons, natural gas liquids, and 

CO2 (e.g., major SIC group 13, oil and gas extraction, SIC industry group no. 4612, crude, petroleum, pipeline and 

SIC industry no. 4922, natural gas transmission). Natural gas processing plants and refineries are not included for 

purposes of this definition. 

G. "Reconstruction" means a modification which results in the replacement of the components or 

addition of integrally related equipment to an existing source to such an extent that the fixed capital cost of the new 

components or equipment exceeds 50 percent of the fixed capital cost that would be required to construct a 

comparable entirely new facility. 

H. "Toxic air pollutant" means any air contaminant in 20.2.72.502 NMAC. 

[11/30/95] 

20.2.72.402 APPLICABILITY: 

A. All the requirements of 20.2.72.400 NMAC - 20.2.72.499 NMAC for toxic air pollutants shall 

supplement other provisions of this Part (20.2.72 NMAC). 

B. A permit must be obtained from the Department by any person prior to the construction or 

modification of a new source which has total potential emissions of a toxic air pollutant into the ambient air that 

exceed the emission level in pounds per hour specified in 20.2.72.502 NMAC, and one or more of the following 

conditions are met: 

 (1) The toxic air pollutant is listed under applicable primary and secondary SIC codes appropriate for 

the source in the US EPA SIC/Pollutant Index (Appendix C of EPA-450/4-86-010); or 

 (2) The toxic air pollutant is known by the owner or operator to be emitted into the ambient air 

because of: 

 (a) Information from material safety data sheets and hazard labelling required under the OSHA 

Hazard Communications Standard 29 CFR 1910.1200, or 

 (b) Information from reports required under the Federal Emergency Planning and Community 

Right-to-Know Act of 1986, P.L. 99-499, Title III, Sections 300-330, or 

 (c) Other information reasonably available to the owner or operator based on the source's 

obligations under other regulatory programs; or 

 (3) The toxic air pollutant is identified by the Department on or before the date the application is 

determined to be complete, as likely to be emitted from a source. The Department shall also provide the owner or 

operator a reasonable basis to support the belief that the source will emit such toxic air pollutant. 

C. The following classes of sources are exempt from the permitting requirements for toxic air 

pollutants: 

 (1) Gasoline Service Stations - SIC No. 5441 

 (2) Automotive Repair Shops - SIC No. 753 

 (3) Laundry, Cleaning, and Garment Services - SIC No. 721 

 (4) Domestic Woodstoves and Fireplaces 

 (5) Oil and Gas Production Facilities 

 (6) Agricultural Production - Crops, SIC No. 01 

 (7) Agricultural Production - Livestock, SIC No. 02 

 (8) Agricultural Services - SIC No. 07 

 (9) Containers, such as tanks, barrels, drums, cans and buckets, unless equipped with a vent that 

emits or may emit any toxic air pollutant, which are used in connection with the operation, maintenance or repair of 

a stationary source. 

 (10) Non-process fugitive emissions of toxic air pollutants from stationary sources, such as 

construction sites, unpaved roads, coal piles, tailings piles, waste piles, and fuel and ash handling operations. 

D. An exemption or exclusion from the permitting requirements for toxic air pollutants does not 

relieve a source from any other requirements in this Part (20.2.72 NMAC). 

[11/30/95] 

20.2.72.403 CONTENTS OF APPLICATION: 
20.2.72 NMAC September 6, 2006 28

A. For the Department to deem administratively complete a permit application for the emission of a 

toxic air pollutant, the application shall contain, in addition to the requirements of 20.2.72.203 NMAC, the 

following items: 

 (1) Identification of all toxic air pollutants that may be emitted in excess of the screening level 

(specified in pounds per hour) in 20.2.72.502 NMAC; 

 (2) Air quality modeling, in accordance with methods approved by the US EPA or the Department, 

that estimates ambient concentrations that would be caused by the proposed emissions. The modeling for the toxic 

air pollutants will include available emissions supplied by the Department from registration and permitting 

information from all registered or permitted sources in the area of the source being permitted. 

B. If the modeling shows that the eight-hour average ambient concentration of the toxic air pollutant 

exceeds one-one hundredth of the OEL and the toxic air pollutant is not identified as a known or suspected human 

carcinogen in 20.2.72.502 NMAC, Table B, the permit application shall also include, as a requirement for 

administrative completeness, a health assessment for the toxic air pollutant under consideration. The assessment 

shall include consideration of the following: 

 (1) Source to potential receptor data and modeling; 

 (2) Relevant environmental pathway and effects data; 

 (3) Available health effects data such as: 

 (a) Functional diseases; 

 (b) Mutagenicity data as an index of genotoxic effects including heritable diseases; 

 (c) Reproductive effects data; 

 (d) Other diseases; and 

 (4) An integrated assessment of the human health effects for projected exposures from the applicant's 

facility. The assessment should use existing relevant data obtained from epidemiological studies, controlled human 

exposure studies, laboratory animal studies, and studies using tissues and cells. 

C. If the toxic air pollutant is identified as a known or suspected human carcinogen in 20.2.72.502 

NMAC and air quality modeling shows that the eight-hour average concentration of the toxic air pollutant exceeds 

one one-hundredth of the OEL or the minimum detection level in 20.2.72.502 NMAC, the permit application shall 

include, as a requirement for administrative completeness, information necessary to demonstrate the source will 

install the best available control technology to control that pollutant. 

[11/30/95; A, 01/01/00] 

20.2.72.404 PUBLIC NOTICE AND PARTICIPATION: In addition to the requirements of 20.2.72.206 

NMAC: 

A. The Department shall meet with the applicant during the permit application process, prior to 

deeming the application administratively complete, to discuss the need for additional data and information not 

initially submitted by the applicant; and 

 B. The Department shall promptly advise the applicant of all medical or other scientific evidence the 

Department uses to evaluate the health effects of the toxic air pollutant emissions and make available to the 

applicant in a timely manner all information, including all previous decisions on the toxic air pollutant in question. 

[11/30/95; A, 01/01/00] 

20.2.72.405 PERMIT DECISIONS: In making its decisions, the Department shall consider emissions after 

control. 

A. Ambient concentrations not exceeding one one-hundredth of the OEL or the minimum detection 

level for compounds without an OEL: If the Department finds that the eight-hour average concentration of the toxic 

air pollutant in the ambient air does not exceed one one-hundredth of the OEL, or for compounds without an OEL, 

the minimum detection levels as shown in 20.2.72.502 NMAC, the Department shall grant the permit. The 

administrative screening level of one one-hundredth the OEL and the OEL shall not be a basis for denying a permit 

and shall not constitute an ambient air quality standard. 

B. Ambient concentrations exceeding one one-hundredth of the OEL or the minimum detection level 

for compounds without an OEL for substances identified as known or suspected human carcinogens in 20.2.72.502 

NMAC: If the toxic air pollutant being considered is identified as a known or suspected carcinogen in 20.2.72.502 

NMAC, Table B, and the Department finds the eight-hour concentration of the toxic air pollutant in the ambient air 

exceeds one one-hundredth of the OEL, or for compounds without an OEL, the minimum detection level, the 
20.2.72 NMAC September 6, 2006 29

Department shall grant the permit if the applicant implements the best available control technology to control that 

pollutant. 

 C. Ambient concentrations exceeding one one-hundredth of the OEL for substances not identified as 

carcinogens in 20.2.72.502 NMAC: 

 (1) If the applicant has been required to prepare a health assessment under Subsection B of 

20.2.72.403 NMAC, the Department shall prepare a Summary Review Statement (SRS) which indicates the 

Department's opinion of the adequacy of the applicant's health assessment. The SRS will include a summary 

recommendation on whether the issuance of a permit will or will not with reasonable probability injure human 

health. 

 (2) If the applicant does not agree with the recommendation contained in the SRS, the applicant's 

assessment and the SRS will be provided to the Air Toxics Scientific Advisory Committee (ATSAC). The ATSAC 

will be composed of five members appointed by the Secretary. They will include physicians, toxicologists, 

industrial hygienists, or others knowledgeable of the potential health and environmental effects of air pollution. The 

committee will include at least one member nominated by the applicant. The ATSAC will review the applicant's 

assessment and the SRS in a public meeting. The ATSAC shall provide a letter to the Secretary stating: (1) 

whether the submitted documents provide a scientifically adequate basis to determine whether the proposed source 

will with reasonable probability injure human health and (2), if the documents do provide an adequate basis, 

whether the proposed source will with reasonable probability injure human health. If the documents are 

scientifically inadequate, the ATSAC shall return them to the Department and indicate their inadequacies. 

 (3) The Department will make a final decision on the issuance of the permit after consideration of the 

following factors: 

 (a) The nature of the toxic air pollutant and the size, susceptibility, and proximity of the human 

population; 

 (b) The pathways of human exposure (e.g., ingestion, inhalation, skin absorption); 

 (c) The short term and long term health effects associated with the toxic air pollutant at levels 

of exposure commensurate with the anticipated exposure level; 

 (d) Existing epidemiological data on health effects associated with the anticipated levels of 

exposure; 

 (e) The character of the land use of the predicted area of impact (e.g., residential, industrial, 

and recreational); and 

 (f) The scientific adequacy of the health and environmental assessment submitted by the 

applicant and the recommendation of the ATSAC. The Department shall not rely on the OEL or on the 

administrative screening level of one one-hundredth the OEL, and it shall not be bound by prior permit decisions 

when considering pending applications. 

 (4) The Department shall deny any application for a permit evaluated under Subsection C of 

20.2.72.405 NMAC if the source will emit a toxic air pollutant in such quantities and duration as may with 

reasonable probability injure human health. 

D. The Department shall document, in the administrative record, all processes, facts, and reasoning 

relied on in making the permit decision, including citations to the relevant technical data, publications, and expert 

opinions considered. 

 (1) The final deliberations of the ATSAC shall be open to the public. Except for requests by 

members of the ATSAC for input from the applicant or Department, no other comments from the applicant, 

Department, or audience shall be allowed during final deliberations. 

 (2) Prior to a final decision, the ATSAC members may communicate among themselves in order to 

facilitate the evaluation process. However, all ATSAC members shall be apprised of such communications. 

 (3) Prior to a final decision, the ATSAC members may also communicate with the Department and 

applicant in order to clarify information or secure additional information concerning the applicant's health 

assessment or the Department's SRS. The Department, applicant, and all ATSAC members shall be apprised of 

such communication. 

[11/30/95; A, 11/14/98] 

20.2.72.406 – 20.2.72.499 [RESERVED]

20.2.72.500 TABLE 1 - SIGNIFICANT AMBIENT CONCENTRATIONS
20.2.72 NMAC September 6, 2006 30

 Pollutant Averaging Time

Total Suspended Particulate 1.0 ug/m3 (Annual) 

 5.0 ug/m3 (24-hour) 

PM10 1.0 ug/m3 (Annual) 

 5.0 ug/m3 (24-hour) 

Sulfur Dioxide 1.0 ug/m3 (Annual) 

 5.0 ug/m3 (24-hour) 

 25.0 ug/m3 (3-hour) 

Hydrogen Sulfide 1.0 ug/m3 (1-hour) 

 5.0 ug/m3 (1/2-hour) 

Carbon Monoxide 0.5 mg/m3 (8-hour) 

 2.0 mg/m3 (1-hour) 

Nitrogen Dioxide 1.0 ug/m3 (Annual) 

 5.0 ug/m3 (24-hour) 

Non-Methane Hydrocarbons 5.0 ug/m3 (3-hour) 

[11/30/95] 

20.2.72.501 TABLE 2 - PERMIT STREAMLINING SOURCE CLASS CATEGORIES 

1. Reciprocating internal combustion engines including portable or temporary engines 

2. Turbines 

[11/30/95] 
20.2.72 NMAC September 6, 2006 31

20.2.72.502 TOXIC AIR POLLUTANTS AND EMISSIONS

Table A- Noncarcinogens

 Emissions 

SUBSTANCE OEL in pounds 

 mg/m3 per hour 

Acetic acid............................................................................................... 25.0 1.67 

Acetic anhydride...................................................................................... 20.0 1.33 

Acetylene dichloride, See 1,2-Dichloroethylene 

Acetylene tetrabromide............................................................................ 15.0 1.00 

Acetylsalicylic acid.................................................................................. 5.00 0.333 

Aldrin....................................................................................................... 0.25 0.0167 

Allyl alcohol ............................................................................................ 5.00 0.333 

Allyl glycidol ether.................................................................................. 22.0 1.47 

Allyl propyl disulfide .............................................................................. 12.0 0.800 

Aluminum 

metal & oxide .......................................................................................... 10.0 0.667 

 pyro powders ........................................................................................ 5.00 0.333 

 welding fumes ...................................................................................... 5.00 0.333 

 soluble salts .......................................................................................... 2.00 0.133 

 alkyls not otherwise classified.............................................................. 2.00 0.133 

2-Aminoethanol, See Ethanolamine 

2-Aminopyridine ..................................................................................... 2.00 0.133 

3-Amino 1, 2, 4-triazole, See Amitrole ................................................... 

Amitrole................................................................................................... 0.200 0.0133 

Ammonia ................................................................................................. 18.0 1.20 

Ammonium chloride fume....................................................................... 10.0 0.667 

Ammonium sulfamate ............................................................................. 10.0 0.667 

n-Amyl acetate......................................................................................... 530 35.3 

Sec-Amyl acetate..................................................................................... 665 44.3 

Aniline homologues................................................................................. 10.0 0.667 

Anisidine (p-isomer)................................................................................ 0.500 0.0333 

Antimony as Sb ....................................................................................... 0.500 0.0333 

ANTU...................................................................................................... 0.300 0.0200 

Asphalt (petroleum) fumes ...................................................................... 5.00 0.333 

Atrazine ................................................................................................... 5.00 0.333 

Azinphos-methyl ..................................................................................... 0.200 0.0133 

Barium, soluble compounds, as Ba ......................................................... 0.500 0.0333 

Benomyl .................................................................................................. 10.00 0.667 

Benzoyl peroxide..................................................................................... 5.00 0.333 

Bismuth telluride ..................................................................................... 10.0 0.667 

 Se-doped............................................................................................... 5.00 0.333 

Borates, tetra, sodium salts ...................................................................... 

 anhydrous ............................................................................................. 1.00 0.0667 

 decahydrate........................................................................................... 5.00 0.333 

 pentahydrate ......................................................................................... 1.00 0.0667 

Boron oxide ............................................................................................. 10.0 0.667 

Boron tribromide ..................................................................................... 10.0 0.667 

Boron trifluoride...................................................................................... 3.00 0.200 

Bromacil .................................................................................................. 10.0 0.667 

Bromine ................................................................................................... 0.700 0.0467 

Bromine pentafluoride............................................................................. 0.700 0.0467 

Bromochloromethane, see Chlorobromomethane ................................... 
20.2.72 NMAC September 6, 2006 32

Butanethiol, see Butyl mercaptan 

2-Butoxyethanol ...................................................................................... 120 8.00 

n-Butyl acetate......................................................................................... 710 47.3 

sec-Butyl acetate...................................................................................... 950 63.3 

tert-Butyl acetate...................................................................................... 950 63.3 

Butyl acrylate........................................................................................... 55.0 3.67 

n-Butyl alcohol ........................................................................................ 150 10.0 

Sec-Butyl alcohol .................................................................................... 305 20.3 

tert-Butyl alcohol..................................................................................... 300 20.0 

Butylamine .............................................................................................. 15.0 1.00 

tert-Butyl chromate, as CrO3................................................................... 0.100 0.00667 

n-Butyl glycidol ether (BGE) .................................................................. 135 9.00 

n-Butyl lactate ......................................................................................... 25.0 

Butyl mercaptan....................................................................................... 1.50 0.10 

o-sec-Butylphenol.................................................................................... 30.0 2.00 

p-tert-Butyltoluene .................................................................................. 60 4.00 

Cadmium Dusts as Cd ............................................................................. 0.0500 0.00333 

 fume as Cd............................................................................................. 0.0500 0.00333 

Calcium hydroxide .................................................................................. 5.00 0.333 

Calcium oxide.......................................................................................... 2.00 0.133 

Camphor, synthetic.................................................................................. 12.0 0.800 

Captafol ................................................................................................... 0.100 0.00667 

Carbofuran............................................................................................... 0.100 0.00667 

Carbon black............................................................................................ 3.50 0.233 

Carbon tetrabromide................................................................................ 1.40 0.0933 

Carbonyl fluoride..................................................................................... 5.00 0.333 

Cesium hydroxide.................................................................................... 2.00 0.133 

Chlorinated diphenyl oxide ..................................................................... 0.500 0.0333 

Chlorine dioxide ...................................................................................... 0.300 0.0200 

Chlorine trifluoride.................................................................................. 0.400 0.0267 

Chloroacetaldehyde ................................................................................. 3.00 0.200 

a-Chloroacetophenone............................................................................. 0.300 0.0200 

Chloroacetyl chloride .............................................................................. 0.200 0.0133 

O-Chlorobenzylidene malononitrile ........................................................ 0.400 0.0267 

Chlorobromomethane .............................................................................. 1050 70.0 

2-Chloro-1,3-butadiene, see B-Chloroprene 

Chlorodiphenyl (42% chlorine)............................................................... 1.00 0.0667 

Chlorodiphenyl (54% chlorine)............................................................... 0.500 0.033 

2-Chloroethanol, see Ethylene chlorohydrin 

1-Chloro-1-nitropropane ......................................................................... 10.0 0.667 

Chloropicrin............................................................................................. 0.700 0.0467 

o-Chlorostyrene ....................................................................................... 285 19.0 

o-Chlorotoluene....................................................................................... 250 16.7 

2-Chloro-6-(trichloromethyl)pyridine, see Nitrapyrin 

Chlorpyrifos............................................................................................. 0.200 0.0133 

Chromium metal...................................................................................... 0.500 0.0333 

Clopidol................................................................................................... 10.0 0.667 

Cobalt as Co ............................................................................................ 0.100 0.00667 

 metal, dust & fume ............................................................................... 0.100 0.00667 

Copper 

 fume...................................................................................................... 0.200 0.0133 

 dusts & mists, as Cu ............................................................................. 1.00 0.0667 

Cotton dust, raw ...................................................................................... 0.200 0.0133 

Crotonaldehyde........................................................................................ 6.00 0.400 

Crufomate................................................................................................ 5.00 0.333 
20.2.72 NMAC September 6, 2006 33

Cyanamide............................................................................................... 2.00 0.133 

Cyanogen................................................................................................. 20.0 1.33 

Cyanogen chloride................................................................................... 0.600 0.0400 

Cyclohexane ............................................................................................ 1050 70.0 

Cyclohexanol........................................................................................... 200 13.3 

Cyclohexanone ........................................................................................ 100 6.67 

Cyclohexene ............................................................................................ 1015 67.7 

Cyclohexylamine..................................................................................... 40.0 2.67 

Cyclonite.................................................................................................. 1.50 0.100 

Cyclopentadiene ...................................................................................... 200 13.3 

Cyhexatin................................................................................................. 5.00 0.333 

DDT (Dichlorodiphenyl trichloroethane)................................................ 1.00 0.0667 

Decaborane.............................................................................................. 0.300 0.0200 

Demeton .................................................................................................. 0.100 0.00667 

Diacetone alcohol .................................................................................... 240 16.0 

1,2-Diaminoethane See Ethylenediamine 

Diazinon .................................................................................................. 0.100 0.00667 

Diborane .................................................................................................. 0.100 0.00667 

2-N-Dibutylaminoethanol........................................................................ 14.0 0.933 

Dibutyl phosphate.................................................................................... 5.00 0.333 

Dichloroacetylene.................................................................................... 0.400 0.0267 

o-Dichlorobenzene .................................................................................. 300 20.0 

1,3-Dichloro-5,5-dimethyl hydantoin...................................................... 0.200 0.0133 

1,2-Dichloroethylene............................................................................... 790 52.7 

Dichlorofluoromethane............................................................................ 40.0 2.67 

1,1-Dichloro-1-nitroethane...................................................................... 10.0 0.667 

2,2-Dichloropropionic acid...................................................................... 6.00 0.400 

Dicrotophos ............................................................................................. 0.250 0.0167 

Dicyclopentadiene ................................................................................... 30.0 2.00 

Dicyclopentadienyl iron .......................................................................... 10.0 0.667 

Dieldrin.................................................................................................... 0.250 0.167 

Diethylamine ........................................................................................... 30.0 2.00 

2-Diethylaminoethanol ............................................................................ 50.0 3.33 

Diethylene triamine ................................................................................. 4.00 0.267 

Diethyl ether, see Ethyl ether 

Diethyl Ketone......................................................................................... 705 47.0 

Diethyl phthalate ..................................................................................... 5.00 0.333 

Difluorodibromomethane ........................................................................ 860 57.3 

Diglycidal ether (DGE) ........................................................................... 0.500 0.0333 

Diisobutyl ketone..................................................................................... 250 16.7 

Diisopropylamine .................................................................................... 20.0 1.33 

Dimethyl acetamide................................................................................. 35.0 2.33 

Dimethylamine ........................................................................................ 18.0 1.20 

Dimethylaminobenzene, see Xylidene 

Dimethyl-1,2-dibromo-2-dichloroethyl phospate, see Naled 

2,6-Dimethyl-4-heptanone, see Diisobutyl ketone 

Dinitolmide.............................................................................................. 5.00 0.333 

Dinitrobenzene (all isomers) ................................................................... 1.00 0.0667 

3,5-Dinitro-o-toluamide, see Dinitolmide 

Dioxathion ............................................................................................... 0.200 0.0133 

Diphenylamine ........................................................................................ 10.0 0.667 

Diphenylmethane diisocyanate, see Methylene bisphenyl isocyanate 

Dipropylene glycol methyl ether ............................................................. 600 40.0 

Dipropyl ketone....................................................................................... 235 15.7 

Diquat ...................................................................................................... 0.500 0.0333 
20.2.72 NMAC September 6, 2006 34

Disulfiram................................................................................................ 2.00 0.133 

Disulfoton................................................................................................ 0.100 0.00667 

2,6-Ditert. butyl-p-cresol......................................................................... 10.0 0.667 

Diuron...................................................................................................... 10.0 0.667 

Divinyl benzene....................................................................................... 50.0 3.33 

Endosulfan............................................................................................... 0.100 0.00667 

Endrin ...................................................................................................... 0.100 0.00667 

Enzymes, see Subtilisins 

EPN ......................................................................................................... 0.500 0.0333 

2,3-Epoxy-1-propanol, see Glycidol 

Ethanethiol, see Ethyl mercaptan 

Ethanolamine........................................................................................... 8.0 0.533 

Ethion ...................................................................................................... 0.400 0.0267 

Ethyl acetate ............................................................................................ 1400 93.3 

Ethylamine............................................................................................... 18.0 1.20 

Ethyl amyl ketone.................................................................................... 130 8.67 

Ethyl bromide .......................................................................................... 890 59.3 

Ethyl butyl ketone.................................................................................... 230 15.3 

Ethylene chlorohydrin ............................................................................. 3.00 0.200 

Ethylenediamine ...................................................................................... 25.0 1.67 

Ethyl ether ............................................................................................... 1200 80.0 

Ethy formate ............................................................................................ 300 20.0 

Ethylidene norbornene............................................................................. 25.0 1.67 

Ethyl mercaptan....................................................................................... 1.00 0.0667 

N-Ethylmorpholine.................................................................................. 23.0 1.53 

Ethyl silicate ............................................................................................ 85.0 5.67 

Fenamiphos.............................................................................................. 0.100 0.00667 

Fensulfothion........................................................................................... 0.100 0.00667 

Fenthion................................................................................................... 0.200 0.0133 

Ferbam..................................................................................................... 10.0 0.667 

Ferrovanadium dust................................................................................. 1.00 0.0667 

Fluorides, as F ......................................................................................... 2.50 0.167 

Fluorine ................................................................................................... 2.00 0.133 

Fonofos.................................................................................................... 0.100 0.00667 

Formamide............................................................................................... 30.0 2.00 

Formic acid.............................................................................................. 9.00 0.600 

Furfural.................................................................................................... 8.00 0.533 

Furfuryl alcohol....................................................................................... 40.0 2.67 

Gasoline................................................................................................... 900 60.0 

Germanium tetrahydride.......................................................................... 0.600 0.0400 

Glutaraldehyde ........................................................................................ 0.700 0.0467 

Glycidol ................................................................................................... 75.0 5.00 

Hafnium................................................................................................... 0.500 0.033 

2-Heptanone, see Methyl n-amyl ketone 

3-Heptanone, see Ethyl butyl ketone 

Hexachloronaphthalene ........................................................................... 0.200 0.0133 

Hexfluoroacetone .................................................................................... 0.700 0.0467 

2-Hexanone, see Methyl n-butyl ketone 

sec-Hexyl acetate..................................................................................... 300 20.0 

Hexylene glycol....................................................................................... 125 8.33 

Hydrogenated terphenyls......................................................................... 5.00 0.333 

Hydrogen bromide................................................................................... 10.0 0.667 

Hydrogen peroxide .................................................................................. 1.50 0.100 

4-Hydroxy-4-Methyl-2-pentanone, see Diacetone alcohol 

2-Hydroxypropyl acrylate ....................................................................... 3.00 0.200 
20.2.72 NMAC September 6, 2006 35

Indene ...................................................................................................... 45.0 3.00 

Indium & compounds as In ..................................................................... 0.100 0.00667 

Iodine....................................................................................................... 1.00 0.0667 

Iodoform.................................................................................................. 10.0 0.667 

Iron oxide fume (Fe2O3) as Fe ............................................................... 5.00 0.333 

Iron pentacarbonyl as Fe ......................................................................... 0.800 0.0533 

Iron salts, soluble, as Fe .......................................................................... 1.00 0.0667 

Isoamyl acetate ........................................................................................ 525 35.0 

Isoamyl alcohol ....................................................................................... 360 24.0 

Isobutyl acetate........................................................................................ 700 46.7 

Isobutyl alcohol ....................................................................................... 150 10.0 

Isoocytl alcohol ....................................................................................... 270 18.0 

Isophorone diisocyanate .......................................................................... 0.0900 0.00600 

Isopropoxyethanol ................................................................................... 105 7.00 

Isopropyl acetate...................................................................................... 950 63.3 

Isopropyl alcohol..................................................................................... 980 65.3 

Isopropylamine........................................................................................ 12.0 0.800 

N-Isopropylaniline................................................................................... 10.0 0.667 

Isopropyl ether......................................................................................... 1050 70.0 

Isopropyl glycidyl ether (IGE) ................................................................ 240 16.0 

Ketene...................................................................................................... 0.900 0.0600 

Lithium hydride....................................................................................... 0.0250 00167 

Magnesium oxide fume ........................................................................... 10.0 0.667 

Malathion................................................................................................. 10.0 0.667 

Manganese as Mn 

 dust ....................................................................................................... 5.00 0.333 

 fume...................................................................................................... 1.00 0.0667 

Mesityl oxide........................................................................................... 60 4.00 

Methacrylic acid ...................................................................................... 70.0 4.67 

Methanethiol, see Methyl mercaptan 

Methomyl ................................................................................................ 2.50 0.167 

4-Methoxyphenol .................................................................................... 5.00 0.333 

Methyl acetate ......................................................................................... 610 40.7 

Methyl acrylate........................................................................................ 35.0 2.33 

Methylacrylonitrile .................................................................................. 3.00 0.200 

Methylamine............................................................................................ 12.0 0.800 

Methyl amyl alcohol, see Methyl isobutyl carbinol 

Methyl n-amyl ketone.............................................................................. 235 15.7 

N-Methyl aniline ..................................................................................... 2.00 0.133 

Methyl n-butyl ketone ............................................................................. 20.0 1.33 

Methyl 2-cyanoacrylate ........................................................................... 8.00 0.533 

Methylcyclohexanol ................................................................................ 235 15.7 

o-Methylcyclohexanone .......................................................................... 230 15.3 

Methyl demeton....................................................................................... 0.500 0.033 

Methylene bisphenyl isocyanate (MDI) .................................................. 0.200 0.0133 

Methylene bis(4-cyclohexylisocyanate) .................................................. 0.110 0.00733 

Methyl ethyl ketone peroxide.................................................................. 1.50 0.100 

Methyl formate ........................................................................................ 250 16.7 

5-Methyl-3-heptanone, see Ethyl amyl ketone........................................ 

Methyl isoamyl ketone ............................................................................ 240 16.0 

Methyl isobutyl carbinol.......................................................................... 100 6.67 

Methyl isopropyl ketone.......................................................................... 705 47.0 

Methyl mercaptan.................................................................................... 1.00 0.0667 

Methyl parathion ..................................................................................... 0.200 0.0133 

Methyl propyl ketone .............................................................................. 700 46.7 
20.2.72 NMAC September 6, 2006 36

Methyl silicate ......................................................................................... 6.00 0.400 

a-Methyl styrene...................................................................................... 240 16.0 

Metribuzin ............................................................................................... 5.00 0.333 

Mevinphos ............................................................................................... 0.100 0.00667 

Molybdenum as Mo 

 soluble compounds ............................................................................... 5.00 0.333 

 insoluble compounds............................................................................ 10.0 0.667 

Moncrotophos.......................................................................................... 0.250 0.0167 

Morpholine .............................................................................................. 70.0 4.67 

Naled ....................................................................................................... 3.00 0.2 

Nickel Metal ............................................................................................ 1.00 0.0667 

Nicotine ................................................................................................... 0.500 0.0333 

Nitrapyrin ................................................................................................ 10.0 0.667 

Nitric acid ................................................................................................ 5.00 0.333 

p-Nitroaniline .......................................................................................... 3.00 0.200 

p-Nitrochlorobenzene.............................................................................. 3.00 0.200 

Nitroethane .............................................................................................. 310 20.7 

Nitrogen trifluoride.................................................................................. 300 2.00 

Nitroglycerin............................................................................................ 0.500 0.00333 

Nitromethane ........................................................................................... 250 16.7 

1-Nitropropane ........................................................................................ 90.0 6.00 

Nitrotoluene............................................................................................. 11.0 0.733 

Nitrotrichloromethane, see Chloropicrin 

Nonane..................................................................................................... 1050 70.0 

Octachloronaphthalene............................................................................ 0.100 0.0067 

Octane...................................................................................................... 1450 96.7 

Oil mist, mineral...................................................................................... 5.00 0.333 

Osmium tetroxide as Os .......................................................................... 0.00200 0.000133 

Oxalic acid............................................................................................... 1.00 0.0667 

Oxygen difluoride.................................................................................... 0.100 0.00667 

Paraffin wax fume ................................................................................... 2.00 0.133 

Paraquat respirable sizes.......................................................................... 0.100 0.00667 

Pentaborane ............................................................................................. 0.0100 0.000667 

Pentachloronaphthalene........................................................................... 0.500 0.0333 

2-Pentanone, see Methyl propyl ketone .................................................. 

Perchloromethyl mercaptan..................................................................... 0.800 0.0533 

Perchloryl fluoride................................................................................... 14.0 0.933 

Phenacyl chloride, see a-Chloroacetophenone 

Phenothiazine .......................................................................................... 5.00 0.333 

Phenyl ether, vapor.................................................................................. 7.00 0.467 

Phenyl glycidyl ether (PGE).................................................................... 6.00 0.400 

Phenyl mercaptan .................................................................................... 2.00 0.133 

Phenylphosphine ..................................................................................... 0.250 0.0167 

Phorate..................................................................................................... 0.0500 0.00333 

Phosdrin, see Mevinphos 

Phosphoric acid ....................................................................................... 1.00 0.0667 

Phosphorus oxychloride .......................................................................... 0.600 0.0400 

Phosphorus pentachloride........................................................................ 1.00 0.0667 

Phosphorus pentasulfide.......................................................................... 1.00 0.0667 

Phosphorus trichloride............................................................................. 1.50 0.100 

m-Phthalodinitrile.................................................................................... 5.00 0.333 

Picloram................................................................................................... 10.0 0.667 

Picric acid ................................................................................................ 0.100 0.00667 

Pindone.................................................................................................... 0.100 0.00667 

Piperazine dihydrochloride...................................................................... 5.00 0.333 
20.2.72 NMAC September 6, 2006 37

2-Pivalyl-1,3-indandione, see Pindone 

Platinum 

 metal ..................................................................................................... 1.00 0.0667 

 soluble salts, as Pt................................................................................. 0.00200 0.000133 

Potassium hydroxide ............................................................................... 2.00 0.133 

Propargyl alcohol..................................................................................... 2.00 0.133 

Propionic acid.......................................................................................... 30.0 2.00 

n-Propyl acetate....................................................................................... 840 56.0 

Propyl alcohol.......................................................................................... 500 33.3 

Propylene glycol dinitrate........................................................................ 0.300 0.200 

n-Propyl nitrate........................................................................................ 105 7.00 

Pyrethrum ................................................................................................ 5.00 0.333 

Pyridine ................................................................................................... 15.0 1.00 

RDX, see Cyclonite 

Resorcinol................................................................................................ 45.0 3.00 

Rhodium 

 metal ..................................................................................................... 1.00 0.0667 

 insoluble compounds, as Rh ................................................................. 1.00 0.0667 

 soluble compounds, as Rh .................................................................... 0.0100 0.000667 

Ronnel ..................................................................................................... 10.0 0.667 

Rotenone (commercial) ........................................................................... 5.00 0.333 

Selenium as Se......................................................................................... 0.200 0.0133 

Sesone...................................................................................................... 10.0 0.667 

Silane, see silicon tetrahydride 

Silicon tetrahydride ................................................................................. 7.00 0.467 

Silver 

 metal ..................................................................................................... 0.100 0.00667 

 soluble compounds, as Ag.................................................................... 0.0100 0.000667 

Sodium azide ........................................................................................... 0.300 0.0200 

Sodium bisulfite....................................................................................... 5.00 0.333 

Sodium 2,4-dichloro-phenoxyethyl sulfate, see Sesone 

Sodium fluoroacetate............................................................................... 0.0500 0.00333 

Sodium hydroxide ................................................................................... 2.00 0.133 

Sodium metabisulfite............................................................................... 5.00 0.333 

Stibine...................................................................................................... 0.500 0.0333 

Stoddard solvent ...................................................................................... 525 35.0 

Strychnine................................................................................................ 0.150 0.0100 

Subtilisins (Proteolytic enzymes as 100% 

 pure crystalline enzyme)....................................................................... 6.00E-05 4.00E-06 

Sulfotep ................................................................................................... 0.200 0.0133 

Sulfuric acid ............................................................................................ 1.00 0.0667 

Sulfur monochloride................................................................................ 6.00 0.400 

Sulfur pentafluoride................................................................................. 0.100 0.00667 

Sulfur tetrafluoride .................................................................................. 0.400 0.0267 

Sulfuryl fluoride ...................................................................................... 20.0 1.33 

Sulprofos ................................................................................................. 1.00 0.0667 

Systox, see Demeton 

2,4,5-T ..................................................................................................... 10.0 0.667 

Tantalum.................................................................................................. 5.00 0.333 

TEDP, see Sulfotep ................................................................................. 

Tellurium & Compounds as Te ............................................................... 0.100 0.00667 

Tellurium hexafluoride as Te .................................................................. 0.200 0.0133 

Temephos ................................................................................................ 10.0 0.667 

TEPP........................................................................................................ 0.0500 0.00333 

Terphenyls ............................................................................................... 5.00 0.333 
20.2.72 NMAC September 6, 2006 38

Tetrachloronaphthalene ........................................................................... 2.00 0.133 

Tetramethyl succinoitrile......................................................................... 3.00 0.200 

Tetranitromethane.................................................................................... 8.00 0.533 

Tetrasodium pyrophosphate .................................................................... 5.00 0.333 

Tetryl ....................................................................................................... 1.50 0.100 

Thallium, soluble compounds, as Tl........................................................ 0.100 0.00667 

4,4-Thiobis (6 tert, butyl-m-cresol) ......................................................... 10.0 0.667 

Thioglycolic acid ..................................................................................... 4.00 0.267 

Thionyl chloride ...................................................................................... 5.00 0.333 

Thiram ..................................................................................................... 5.00 0.333 

Tin 

 metal ..................................................................................................... 2.00 0.133 

 oxide & inorganic compounds, except SnH4, as Sn............................. 2.00 0.133 

 organic compounds as Sn ..................................................................... 0.100 0.00667 

m-Toluidine ............................................................................................. 9.00 0.600 

Tributyl phosphate................................................................................... 2.50 0.167 

Trichloroacetic acid ................................................................................. 7.00 0.467 

Trichloronaphthalene............................................................................... 5.00 0.333 

Trichloronitromethane, See Chloropicrin 

1,2,3-Trichloropropane............................................................................ 300 20.0 

Tricyclohexyltin hydroxide, see Cyhexatin 

Trimellitic anhydride ............................................................................... 0.0400 0.00267 

Trimethylamine ....................................................................................... 24.0 1.60 

Trimethyl benzene ................................................................................... 125 8.33 

Trimethyl phosphite................................................................................. 10.0 0.667 

2,4,6-Trinitrophenol, see Picric acid 

2,4,6-Trinitrophenylmethylnitramine, see Tetryl 

2,4,6-Trinitrotoluene (TNT) .................................................................... 0.500 0.0333 

Triorthosresyl phosphate ......................................................................... 0.100 0.00667 

Triphenyl amine....................................................................................... 5.00 0.333 

Triphenyl phosphate ................................................................................ 3.00 0.200 

Tungsten as W 

 insoluble compounds............................................................................ 5.00 0.333 

 soluble compounds ............................................................................... 1.0 37.3 

Turpentine ............................................................................................... 560 37.3 

Uranium (natural) soluble & insoluble compounds as U ........................ 0.200 0.0133 

n-Valeraldehyde ...................................................................................... 175 11.7 

Vanadium, as V2O5 respirable dust & fume........................................... 0.0500 0.00333 

Vinyl toluene ........................................................................................... 240 16.0 

VM & P Naphtha..................................................................................... 1350 90.0 

Warfarin................................................................................................... 0.100 0.00667 

Wood dust (certain hard woods as beech & oak) .................................... 1.00 0.0667 

 soft wood .............................................................................................. 5.00 0.333 

m-Xylene a,a-diamine ............................................................................. 0.100 0.00667 

Xylidine ................................................................................................... 10.0 0.667 

Yttrium .................................................................................................... 1.00 0.0667 

Zinc chloride fume .................................................................................. 1.00 0.0667 

Zinc oxide fume....................................................................................... 5.00 0.333 

Zirconium compounds as Zr.................................................................... 5.00 0.333 
20.2.72 NMAC September 6, 2006 39

Table B - Known or Suspected Carcinogens

 Emissions 

SUBSTANCE OEL in pounds 

 mg/m3 per hour 

Coal tar volatiles, as benzene solubles .................................................... 0.200 0.0133 

B-Naphthylamine .................................................................................... 0.00300* 2.00E-04 

N-Phenyl-beta-naphthylamine................................................................. 5.00** 0.333 

Phenylhydrazine ...................................................................................... 20.0 1.33 

o-Tolidine ................................................................................................ 11.0** 0.733 

p-Toluidine .............................................................................................. 9.00 0.600 

Vinyl cyclohexene dioxide ...................................................................... 60.0 4.00 

FOOTNOTES

The emissions in pounds per hour in Section 502 were derived using the formula listed below: 

emission level (lbs/hr) = OEL (mg/m3) / 15 

* = Compound for which an OEL is not listed by the ACGIH. Value derived by using the miminum detectable 

level listed in the NIOSH "Manual of Analytical Methods", Third Edition. 

** = Compound for which an OEL is not listed by the ACGIH and for which there is no chemical specific analytical 

method listed in the NIOSH "Manual of Analytical Methods", Third Edition. A minimum dectable level (MDL) 

was derived by using the MDL of a similar compound listed in the NIOSH analytical methods or by assigning the 

average MDL for a class of compounds such as "halogenated hydrocarbons". In some cases the lowest MDL of the 

whole class was used.
20.2.72 NMAC September 6, 2006 40

Table C - Stack Height Release Correction Factor

Sources may choose to use a correction factor for the release height of emissions for the purpose of determining 

whether a permit is necessary for the emission of a toxic air pollutant. To apply the correction go to the table below 

and find the minimum height of release for the toxic air pollutant and select the correction factor (CF) which 

corresponds to that figure. If the height of release is between two values, the lower number shall be selected; or in 

the event of multiple releases of the same substance from different release heights, the source may choose to use a 

weighted average CF, weighted by the emission rate at each. The emissions in pounds per hour is then multiplied 

by the CF (see below). If the emissions from your source exceed the resulting number, you must apply for a permit 

from the Department. Remember, this must be done for each toxic air pollutant. 

CF x Emissions in Pounds per Hour 

where: E - emission rate (pounds per hour) 

 OEL - occupational exposure limit (mg per cubic meter) 

 CF is a correction factor, shown in the table below, which accounts for release height. 

Release Height in Meters Correction Factor (CF)* 

Less than 3 1 

10 5 

20 19 

30 41 

40 71 

50 108 

60 152 

70 202 

80 255 

90 317 

100 378 

110 451 

120 533 

130 617 

140 690 

150 781 

160 837 

170 902 

180 1002 

190 1066 

200 1161 

[06/14/94; 11/30/95; 08/14/98] 

HISTORY OF 20.2.72 NMAC: 

Pre-NMAC History: The material in this part was derived from that previously filed with the Commission of 

Public Records-State Records Center and Archives. 

AQCR 702, Permits, 07/31/72. 

EIB/AQCR 702, Permits, 08/18/87. 

EIB/AQCR 702, Permits, 10/19/88. 

EIB/AQCR 702, Permits, 05/29/90. 

EIB/AQCR 702, Permits, 04/12/94. 

EIB/AQCR 702, Permits, 05/13/94. 
20.2.72 NMAC September 6, 2006 41

History of Repealed Material: [RESERVED] 

Other History: 

EIB/AQCR 702, Permits, filed 05/13/94, was renumbered into first version of the New Mexico Administrative 

Code as 20 NMAC 2.72, Construction Permits, effective 11/30/95. 

20 NMAC 2.72, Construction Permits, filed 10/30/95, was renumbered, reformatted and replaced by 20.2.72 

NMAC, Construction Permits, effective 02/02/01.
Appendix H: 

Outreach Materials 
Dust Storms and

Health

What Everyone Should

Know

Health Information for

Doña Ana County

New Mexico Environment Department

New Mexico Department of Health

March 2000

Why should I be concerned about dust storms?

Dust storms can cause a number of serious health problems and

they can make some health problems worse. Dust is made up of

tiny solid particles ("particulate matter") floating in the air. These

tiny particles can get past the lungs’ natural defenses and build up.

This can harm sensitive lung tissue. Of course, during severe dust

storms, more dust can get into the lungs.

Dust irritates the lungs and can trigger allergic reactions, as well as

asthma attacks. In people who already have these problems these

attacks can be serious and cause breathing problems. Dust can

cause coughing, wheezing and runny noses. Some groups of

people are more sensitive to dust than others. Finally, breathing a

lot of dust over a long period of time can cause chronic breathing

and lung problems.

Who should take special precautions?

Anyone can potentially be harmed by breathing too much dust. 

However, the following groups are at the highest risk:

• infants, children, and teens

• elderly

• people with asthma, bronchitis, emphysema, or other

respiratory conditions

• people with heart disease

• pregnant women

• healthy adults working or exercising vigorously outdoors

(for example, agricultural workers, construction workers,

and runners)

What can I do to protect myself and others?

The best precaution is simply to avoid going outside during severe

dust storms. If you must go out, spend as little time outside as

possible, and avoid hard exercise. Wearing some type of covering

over your nose and mouth can provide some protection from large

particles. However, since the small dust particles are the most

harmful, staying out of the dust is the best solution.

How will I know if there is a problem?

For you, the easiest way to tell if there may be a problem is if you

see a lot of dust. For instance, if the blowing dust is so thick that

it's hard to see the mountains, then that could mean that dust levels

might be harmful right now. More detail on federal standards plus

the previous days particulate matter levels can be found by visiting

the New Mexico Environment Department web site.

Doña Ana County has between 6 to 18 days per year when dust

levels are too high according to federal health standards. This

number varies from place to place and from year to year depending

on weather conditions.

What causes dust storms?

Dust storms are caused by a combination of weather conditions,

features of the natural environment, and human activity. High

winds can raise large amounts of dust from areas of dry, loose,

exposed soil. In this area, high winds are most common during the

months of January through April. Most dust storms last about 4

hours.

For more information:

New Mexico Environment Department

www.nmenv.state.nm.us

Click on "Air Quality Bureau"

Helly Diaz-Marcano: (505) 524-6300

Fax (505) 526-3891

Santa Fe Office: 1-800-810-7227

New Mexico Department of Health

Border Health Office

Kitty Richards: (505) 528-5152

1-800-784-0394

Fax (505) 528-6024
La Polvareda

(Tormentas de Polvo)

 y su Salud

Lo Que Todos 

Deben Saber

Un Consejo de Salud para el 

Condado de Doña Ana

Departamento del Medio Ambiente de Nuevo Mexico

Departamento de Salud de Nuevo Mexico

marzo 2000

¿Por qué debo interesarme en la polvareda?

La polvareda (tormentas de polvo) puede causar serios problemas

de salud y puede empeorar otros problemas de salud. El polvo

consiste de pequeñas partículas sólidas (“materia partícula”) que

flotan en el aire. Estas partículas pueden invadir las defensas

naturales de los pulmones y pueden acumularse. Esto puede dañar

el tejido pulmonar que es muy sensitivo. Por supuesto, más polvo

puede entrar a los pulmones durante polvaredas más serias.

El polvo causa irritación a los pulmones, puede provocar alergias, y

también puede causar ataques de asma. En gente que ya tienen

estos problemas, estos ataques pueden ser serios y pueden causar

problemas con respiración. El polvo también puede causar tos,

resuello asmático, y catarro. Algunas personas son más sensitivas

que otras al polvo. Finalmente, respirando mucho polvo por

mucho tiempo puede causar problemas crónicos con respiración y

los pulmones.

¿Quién debe tomar precauciones especiales?

Todos corremos riesgo por respirar mucho polvo. Sin embargo, los

siguientes grupos de personas tienen el mayor riesgo:

• bebes, niños, y adolecentes

• personas ancianos

• personas con asma, bronquitis, enfisema, u otros problemas

respiratorios

• personas con problemas cardíacos

• mujeres embarazadas

• adultos sanos que trabajan o ejercitan vigorosamente afuera

(por ejemplo, trabajadores de agricultura y construcción, o

corredores)

¿Que puedo hacer para protegerme y proteger a otros?

La mejor precaución es simplemente no salir para afuera durante

una polvareda. Si tiene que salir, limite su tiempo afuera y evite

ejercicio rigoroso. Cubriendo su nariz y boca en algún modo puede

proveer protección de las partículas de polvo grandes. Sin

embargo, quedándose dentro de su casa es la mejor solución porque

las partículas de polvo más pequeñas son las más peligrosas.

¿Como voy a saber si hay un problema?

El modo más fácil de identificar un problema es si se ve mucho

polvo. Por ejemplo, si el polvo está tan denso que no se ven las

montañas, entonces puede indicar que los niveles de polvo son

peligrosos. Más información sobre las reglas federales y los

niveles de la materia partícula (“particulate matter”) del día

antepasado pueden ser obtenidos en por el Departamento del Medio

Ambiente de Nuevo México.

El condado de Doña Ana tiene entre 6 y 18 días por año cuando los

niveles de polvo están muy altos, según reglas federales de salud.

Este número es variable de lugar a lugar y de año a año

dependiendo en las condiciones climáticas.

¿Qué causa la polvareda?

La polvareda es causada por una combinación de condiciones

climáticas, características ambientales, y actividad humana. 

Vientos fuertes pueden levantar mucho polvo de lugares con tierra

que está seca, suelta, y expuesta. Aquí, vientos fuertes son más

comunes de enero hasta abril. Muchas tormentas de polvo duran

como cuatro horas.

Para mas información:

Departamento del Medio Ambiente de Nuevo México

www.nmenv.state.nm.us

Marque “Air Quality Bureau”

Helly Diaz-Marcano: (505) 524-6300

Fax: (505) 526-3891

Oficina en Santa Fe: 1-800-810-7227

Departamento de Salud de Nuevo México

Oficina de Salud Fronteriza

Kitty Richards: (505) 528-5152

1-800-784-0394

Fax: (505) 528-6024
NEW MEXICO

AIR QUALITY BUREAU

Did you know that dust storms could damage you and your children’s health? Dust particles inhaled into the lungs can increase the risk of allergies and asthma attacks, especially in infants and the elderly. For more information on the effects of dust storms, please contact Gail Cooke of the New Mexico Air Quality Bureau at 1-800-224-7009. By playing it safe you and your family can breathe a little easier. 

DUST STORMS IN

DOÑA ANA COUNTY

What You Don’t Know 

Could Hurt You 

Our Mission: Protect the inhabitants and natural beauty of New Mexico by preventing the deterioration of air quality. 

New Mexico 

Environment 

Department 

¿Usted sabía que las tormentas del polvo podrían dañarle y la salud de los niños? Las partículas de polvo inhaladas en los pulmones pueden aumentar el riesgo de alergias y de ataques del asma, especialmente en los infantes y los ancianos. Para más información sobre los efectos de las tormentas del polvo, sirvase llamar a Gail Cooke en la Oficina de la Calidad del Aire de Nuevo México al 1-800-224-7009. Infórmese para que Usted y su familia pueden respirar con seguridad.

TORMENTAS DEL POLVO EN

EL CONDADO DE

DOÑA ANA COUNTY

Lo Que Usted No Sabe 

Podría Lastimarle 

NEW MEXICO

AIR QUALITY BUREAU

New Mexico Environment 

Department 

Nuestra Misión: Protejer a los habitantes y la belleza natural de Nuevo México por medio de prevenir la declinación de la calidad del aire. 
Appendix I: 

Field Survey Questionnaire 
New Mexico Environment Department 

Air Quality Bureau 

Sunland Park, NM Emission Inventory Checklist 

Business 

Name_________________________________________________________________________ 

What is your business type? Retail Service Manufacturing Government/Public 

How may persons does your business employ?__________ (#students/school, #beds/hospital) 

Working hours: How many hours/day________ and days/week________ do you operate? 

Seasonality: Is business fairly steady (constant) or any seasonality? 

 ________ % winter (Dec-Feb) ________ % spring (Mar-May) 

 ________ % summer (Jun-Aug) ________% fall (Sept-Nov) 

Service or Retail 

What type of service do you provide? 

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________ 

Manufacturing 

What product do you manufacture?_________________________________________________ 

Please describe your process 

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________ 

Government /Public 

What type of agency are you or what public services do you provide? 

______________________________________________________________________________

______________________________________________________________________________ 

General Questions 

Do you have a furnace or boiler? YES NO 

IF YES, what is the fuel type? COAL GAS FUEL OIL Other___________________ 

What is the BTU firing rate (millions Btu/hr)? ________________________________________ 

What is the fuel consumption? Gal Ft3 Lbs ________/Day________/Month _______/Year 

Do you have any air emission controls? YES NO 

IF YES, please describe__________________________________________________________ 

Do you use solvents, paints, lacquers, thinners? YES NO 

IF YES, list the name of the solvent, paint, etc.________________________________________ 

Please estimate total usage in ______Gallons/Day ______Gallons/Month ______Gallons/Year 

From the Material Safety Data Sheet (MSDS) what is the percentage of VOC content of the 

product you are using? _________% VOC 
Departamento Ambiental de Nuevo México 

Oficina de la Calidad del Aire 

Modificacion De Emisiones Del Aire Para Sunland Park, NM 

Nombre commercial_____________________________________________________________ 

¿Cuál es su clase commerciál? Venta al por menor Servicio, Fabricación, Gobierno/ Público. 

¿Cuántas personas emplea su negocio?_____ (# estudiantes/escuela, # camas/hospital) 

¿Horas de trabajo: Cuantas horas al día? ____ y días a la semana ____ trabaja usted? 

Temporada: ¿Es el comercio bastante estable (constante) o varía de época? 

___% En Invierno (Diciembre a Febrero) ___% Primavera (Marzo a Mayo) 

___% En Verano (Junio a Agosto) ___% Otoño (Septiembre a Noviembre) 

Servicio o Venta al por menor 

¿Qué clase de servicio tiene usted? 

______________________________________________________________________________ 

______________________________________________________________________________ 

______________________________________________________________________________ 

Fabricación 

¿Qué producto fabrica usted? ______________________________________________________ 

Por favor describa su proceso. 

______________________________________________________________________________ 

______________________________________________________________________________ 

______________________________________________________________________________ 

Gobierno/Público 

¿Que clases de agencia o servicios públicos? 

______________________________________________________________________________ 

______________________________________________________________________________ 

______________________________________________________________________________ 

Preguntas en General 

¿Tiene usted un horno o caldera? Sí _____No_____ 

¿Si es si, cuál es el tipo de combustible? Carbón_____ Gas _____Otro tipo _____ 

¿Cuál es la Unidad Térmica Británica (BTU/Hora) que consume? _____ 

¿Cuál es el consumo de combustible? Gal ___ Ft3

 ___/Día ___/Mes ___/ Año 

¿Tiene usted algun control de la emisión de aire? Sí_____ No_____ 

Sí es sí, por favor descríbalo ______________________________________________________ 

¿Usa usted solventes, pinturas, lacas? Sí_____ No_____ 

Sí es sí, ponga el nombre en una lista de solventes, pinturas, etc. ________________ 

Por favór estíme el uso total en Galónes/Día ____ Galónes al Mes ____ Galónes al Año____ 

De la pagina de Datos de Material de Seguridad (MSDS) cuál porcentaje de VOC contiene el 

producto que usted usa? ______% VOC. 
Appendix J: 

Emission Sources Matrices for the Sunland Park Nonattainment Area 
Emission Sources Matrices for Sunland Park Nonattainment Are

Point Sources within the Sunland Park Nonattainment Area 

Name of Point Source Methodology Activity Data Com

 Type Source Type Sources 

El Paso Electric Point 

Source Inventory 

EPA/NM Actually 

Emissions 

AIRS/ TEMPO 

Point Sources within a Twenty-Five Mile Radius of the Sunland Park Nonattainmen

Name of Point Source Methodology Activity Data Com

 Type Source Type Sources 

Foamex International Inc. (NM) 

Point Source Inventory 

EPA/NM Actual 

Emissions 

AIRS/ TEMPO 

Afton Compressor Station (NM) 

Point Source Inventory 

EPA/NM Actual 

Emissions 

AIRS/ TEMPO 

NMSU Physical Plant Boilers (NM) 

Point Source Inventory 

EPA/NM Actual 

Emissions 

AIRS/ TEMPO 

Border Steel Mills (TX) Point 

Source Inventory 

EPA/TX Actual 

Emissions 

TCEQ 2002 Point Source 

Chevron U.S.A. Point Source EPA/TX Actual Emissions TCEQ 2002 Point Source 
Products (TX) Inventory 

Chevron USA Inc. (TX) Point 

Source Inventory 

EPA/TX Actual 

Emissions 

TCEQ 2002 Point Source 

El Paso Electric Co. (TX) 

Point Source Inventory 

EPA/TX Actual 

Emissions 

TCEQ 2002 Point Source 

El Paso Natural Gas Co. (TX) 

Point Source Inventory 

EPA/TX Actual 

Emissions 

TCEQ 2002 Point Source 

Phelps Dodge Copper Products (TX) 

Point Source Inventory 

EPA/TX Actual 

Emissions 

TCEQ 2002 Point Source 

Phelps Dodge Magnet Wire Co. (TX) 

Point Source Inventory 

EPA/TX Actual 

Emissions 

TCEQ 2002 Point Source 

Phelps Dodge Refining Corp. (TX) 

Point Source Inventory 

EPA/TX Actual 

Emissions 

TCEQ 2002 Point Source 

Providence Memorial Hospital (TX) 

Point Source Inventory 

EPA/TX Actual 

Emissions 

TCEQ 2002 Point Source 

Area Sources in Sunland Park Nonattainment Area 

Source Categories Methodology Activity Data Com

 Type Source Type Sources 

Brick Manufactures Emission EPA Emission AP-42/ Small industrial bo
Factor Rates Surveys 

Food Preparation Emission 

Factors 

EPA Emission 

Rates 

AP-42/ Surveys 

Small industrial bo

Sterilized Medical Equipment 

Emission Factors 

EPA Emission 

Rates 

AP-42/ Surveys 

Commercial size b

Telecommunication Equipment 

Emission Factors 

EPA Emission 

Rates 

AP-42/ Surveys 

Commercial size b

Copper Conductor Manufacturer 

Emission Factors 

EPA Emission 

Rates 

AP-42/ Surveys 

Commercial size b

Manufacturer of Automotive Fabrics 

Emission Factors 

EPA Emission 

Rates 

AP-42/ Surveys 

Commercial size b

Crematoriums Emission 

Factors 

EPA Emission 

Rates 

AP-42/ Surveys 

Commercial size b

Landfill Gas Flare Permit Requirements NMED Reported Emissions GCCS Commercial Natural Gas Emission 

Factors/ 

EPA/ Census Bureau/EIA 

Population/ Emission rates 

AP-42/ Census Data 

Commercial Liquid Petroleum Gas Use 

Emission Factors/ 

EPA/ Census Bureau/EIA 

Population/ Emission rates 

AP-42/ Census Data 

Commercial Distillate Use 

Emission Factors 

EPA/Census Bureau/EIA 

Population/ Emission rates 

AP-42/ Census Data 

Commercial Coal Use Emission 

Factors/ 

EPA/Census Bureau/EIA 

Population/ Emission rates 

AP-42/Census Data 

Residential Liquid Petroleum Gas Use 

Emission Factors 

EPA/Census Bureau/EIA 

Population/ Emission 

AP-42/Census Data 
rates 

Residential Natural Gas Use 

Emission Factors/ 

EPA/Census Bureau 

Population/ Emission rates 

AP-42/Census Data 

Residential Coal Use Emission 

Factors/ 

EPA/Census Bureau/EIA 

Population/ Emission rates 

AP-42/Census Data 

Residential Distillate Oil Use 

Emission Factors/ 

EPA/Census Bureau/EIA 

Emission rates 

AP-42/Census Data 

Residential Electricity Use 

N/A N/A N/A N/A Included in Point S

Open Burning of Trash Emission 

factors 

County/NMED/EPA/Census Bureau 

Emission rates 

AP-42/ Census Data 

Structure Fire Emission 

factors 

Sunland Park Fire Department/ EPA/Census Bureau 

Emission rates 

AP-42/Fire Department Data/Census Data 

Grass Fires Emissions 

Factors 

Sunland Park Fire Department/ EPA/Census Bureau 

Emission rates 

AP-42/Fire Department Data/Census Data 

Orchard heaters N/A N/A N/A N/A Not used in the nonForest Fires N/A N/A N/A N/A Not a forested area Agricultures burning Emission 

Factors 

NMED Emission 

Rates 

Burn permits/AP42/ 

Aircraft Refueling Emission Santa Teresa Emission AP-
Factors Airport rates 42/Consumption data 

Asphalt Paving Emission 

Factor 

NMDOT CY used in 

2002 

Consumption data 

Bioprocess (bakeries, wineries, breweries, distilleries) 

Emission Factor 

EPA Emission 

Rates 

AP-42/Survey 

Catastrophic or Accidental Chemical Spills and Releases 

N/A N/A N/A N/A No catastrophic or 

spills and/or releasnonattainment area 

Architectural Coating Emission 

Factors 

EPA Emission 

Rates 

AP-42/Survey 

Auto Refinishing Emission 

Factors 

EPA Emission 

Rates 

AP-42/Survey 

Dry Cleaning Emission 

Factors 

EPA Emission 

Rates 

AP-42/Survey 

Graphic Arts N/A N/A N/A N/A No graphic arts op

identified in the no

Leaking Underground Storage Tanks 

N/A N/A N/A N/A Insignificant emiss

Miscellaneous Sources Emission 

Factors 

EPA Emission 

Rates 

AP-42/Survey 

Oil and Gas Production N/A N/A N/A N/A There is no oil and 

within the nonattai

Pesticide Application Emission 

Factor 

National Center for Food and Agricultural Policy/ State Agriculture Department in 

Emission Rates 

AP-42/ pesticide data/crop data 
Las Cruces 

Service (Gasoline) Stations 

N/A Mobile Source 

Solvent Use Emission 

Factor 

EPA Emission 

Rates 

AP-42/Survey Includes: Auto rep

distributors; furnitushop; heating and cpersonal care produproducts; tire comp

Tank Breathing Losses Emission 

Factor 

EPA Emission 

Rates 

AP-42/Survey Includes: grocery/

plumbing/heating/acemetery/crematorcemetery/crematoroperation. 

Tank Truck Unloading - Tank Loading 

Emission Factor 

EPA Emission 

Rates 

AP-42/Survey Includes: grocery/

plumbing/heating/acemetery/crematorcemetery/crematoroperation. 

Waste Treatment Facilities 

Emission Factor 

EPA Emission 

Rates 

AP-42 Includes: Camino 

Sunland Park Wastplant 

Mobile Sources within Sunland Park Nonattainment Area 

Name of Point Source Methodology Activity Data Com

 Type Source Type Sources 

On road mobile Mobile 6 EPA Modeled 

Emissions 

NEI Includes: light dut

light duty gasoline 
heavy duty gasolin

light duty diesel poduty diesel powerediesel powered truc

Non-road mobile Mobile 6 EPA Mobile 

emissions 

NEI Railroad; Aircraft; 

Biogenic Sources within Sunland Park Nonattainment Area 

Name of Point Source Methodology Activity Data Com

 Type Source Type Sources 

Biogenic Biogenic 

inventory 

EPA Modeled 

Emissions 

NEI 
Appendix K: 

Major Point Source Emissions in El Paso County, TX 
2002 State Sum as of June 2004 sorted by County Page 17

COMPANY SO

EB0121R CEMEX CEMENT OF TEXAS, LP 328.97 1.295.55 ODESSA CEMENT

PLANT

EB0148U DUKE ENERGY FIELD SERVICES. 1311 ECTOR 7 20021231 0.00 0.00 9.21 70.03 0.30 70.18 JUDKINS BOOSTER

JUDKIN

EB0197H DUKE ENERGY FIELD SERVICES 1311 ECTOR 7 20021231 7.44 7.44 244.75 709.20 0.06 106.98 ANDECTOR

PETROLEUM

EB0207G DUKE ENERGY FIELD SERVICES. 1311 ECTOR 7 20021231 0.22 0.21 5.00 60.44 0.00 54.76 HARPER BOOSTER

HARPER

EB02740 DUKE ENERGY FIELD SERVICES. 1311 ECTOR 7 20021231 0.41 0.41 6.36 68.44 24.33 73.56 COWDEN BOOSTER

COWDEN

EB0407T OCCIDENTAL PERMIAN, LTD. 1 ECTOR 7 20031231 1.55 1.55 16.85 244.35 0.00 84.06 GOLDSMITH LANDRETI

EB0868C ODESSA-ECTOR POWER PARTNERS 4 ECTOR 7 20021231 85.60 85.60 17.00 388.50 6.50 18.35 ODESSA ECTOR

ODESSA POWER

EB0875F CHARTER WASTE INC 353 ECTOR 7 0 0.00 0.00 0.00 0.00 0.00 0.00 ECTOR COUNTY

LANDFI

ECOO08D TXU LONE STAR PIPELINE CO 322 EDWARDS 13 20021231 0.00 0.00 0.00 0.00 0.00 0.00 OAKRIDGE

COMPRESSOR

EEOO07G ASARCO,INCORPORATED 31 ELPASO 6 20031231 20.67 0.00 0.74 0.07 0.00 0.02 EL PASO PLANT

EEOO11P BORDER STEEL MILLS. INC. ELPASO ~21231 23.38 22.97 4.47 85.18 0.20 190.74 BORDER STEEL, INC.

EEOO15H CHEVRON USA PRODUCTS CO ELPASO 021231 122.25 24.55 232.56 720.29 84.54 657.16 EL PASO REFINERY

EEOO17D CLINT COUNTY DUMP 4953 ELPASO 021231 0.00 0.00 8.97 0.00 0.00 0.00 CLINT COUNTY DUMP

EE0021M THE SHREDDER COMPANY LLC 3321 ELPASO 6 0 0.00 0.00 0.00 0.00 0.00 0.00 THE SHREDDER

COMPAN

EE0024G US ARMY AIR DEFENSE 9711 ELPASO 6 20021231 5.93 2.60 17.81 26.62 1.12 25.60 USAADA

ARTILLERUSAADA

EE0029T EL PASO ELECTRIC CO 4911 ELPASO 20021231 63.20 63.20 38.10 1.717.10 5.40 552.00 NEWMAN STATION

EE0047R KESSLER INDUSTRIES INC 3499 ELPASO 20021231 0.94 0.94=1 4.64 'm' 0.00 KESSLER INDUSTRIES

EE00570 NAVAJO REFINING CO, LP 5171 ELPASO 20031231 0.00 0.00 44.60 0.00 0.00 0.00 EL PASO TERMINAL

EE0062V OGLEBAY NORTON MINERALS INC 3295 ELPASO 20021231 0.00 0.00 0.00 0.00 0 0.00 SLAG PLANT

EE0067L PHELPS DODGE CORPORATION 3331 ELPASO 20021231 54.09 11.83 9.58 129.30

~: 276.31 EL PASO PLANT

EEOO771 EQUILON PIPELINE COMPANY, LLEL 5171 ELPASO 20031231 0.00 0.00 16.34 0.00 0.00 EL PASO BULK TERMI"

PAS

EE0082P CHEVRON U.S.A., INC. 29 1 ELPASO 6 20021231 103.63 45.01 110.03 440.92 401.31 149.12 CHEVRON SOUTH

EE00910 W SILVER INCORPORATED 33 ELPASO 6 20031231 1.11 0.07 22.38 11.31 0.07 9.50 WSILVER

INCORPORAT

EE0157J EL pAso ELECTRIC CO 49 ELPASO 6 20021231 1.10 1.10 0.50 58.20 0.10 46.50 COPPER SUBSTATION

EE0188V PROVIDENCE MEMORIAL 8 ELPASO 6 20021231 0.42 0.42 0.40 6.56 0.11 5.05 PROVIDENCE

HOSPITALPROVID MEMORIAL

EE02890 EL PASO NATURAL GAS COMPANY 4 ELPASO 6 20021231 0.00 0.00 16.82 454.79 0.40 116.37 ELPASO

COMPRESSOR

EE0377Q PHELPS DODGE MAGNET WIRE 33 ELPASO 6 20031231 0.01 0.01 73.33 0.13 0.00 0.11 PHELPS DODGE

COMPHELPS MAGNET

EE0444D TONY LAMA CO 31 ELPASO 6 20021231 0.15 0.01 24.23 0.13 0.00 0.11 TONY LAMA

EE0480W THE BOEING COMPANY ELPASO 6 20021231 0.02 0.00 6.45 0.00 0.00 0.00 THE BOEING COMPAN'

EE0510P CHEVRON USA PRODUCTS ELPASO 6 20021231 0.00 0.00 9.26 0.00 0.00 0.00 EL PASO MARKETING 1

COMPANYEL PAS

EE0641W SHURE BROTHERS INC ELPASO 6 20021231 0.00 0.00 7.49 0.00 0.00 0.35 BUTTERFIELD TRAIL
2002 State Sum as of June 2004 sorted by County Page 18

COMPANY I,.,U SITE NAME

EE0767W EARTHGRAINS BAKING 1 ELPASO 20021231 0.05 In .... 0.62 0.00 0.52 THE EARTHGRAINS

COMPANIESTHE EA COM

EE1339R ULTRAMAR DIAMOND SHAMROCK 71 ELPASO 20021231 0.25 42.27 10.39 0.01 15.68 BULK GASOLINE TERM

EE1471Q DAL-TILE CORPORATION EL 32 ELPASO 20031231 93.95 I 0.00 5.42 31.95 41.90 29.54 CERAMIC TILE MFG. F

PASOCERAMI

EE1723M SHELL PIPELINE COMPANY LP 71 ELPASO 20031231 0.00 0.00 2.37 0.00 0.00 0.00 SANTA FE TERMINAL

EE2069Q FLEXAUST APPLIANCE INC 52 ELPASO 20031231 0.06 0.06 15.83 0.76 0.00 0.64 DAYCO EL PASO PLAN"

EE2213K CITY OF EL PASO 53 ELPASO 20021231 0.00 0.00 3.74 0.00 0.00 0.00 MCCOMBS MUNICIPAL

L

EE2251C STARRFOAM MANUFACTURING INC 086 ELPASO 6 20021231 0.00 0.00 10.04 0.00 0.00 0.00 STARRFOAM

MANUFACTU

EE2271T AIR SYSTEM COMPONENTS, L.P. 444 ELPASO 6 20021231 0.09 0.04 14.58 0.56 0.00 0.47 HART AND COOLEY

ED0011D CHAPARRAL STEEL MIDLOTHIAN 312 ELLIS 4 20021231 157.00 129.86 339.59 489.62 121.83 1.608.43 CHAPARRAL STEEL Mil

LCHAPAR

ED0013W KORAL INDUSTRIES INC 088 ELLIS 4 20031231 0.00 0.00 31.54 0.00 0.00 0.00 KORAL INDUSTRIES

ED0018M ELK CORPORATION OF TEXAS 952 ELLIS 4 20021231 9.78 1.18 59.67 25.71 0.16 21.96 ELK CORPORATION

ED0032S G.S. ROOFING PRODUCTS 952 ELLIS 4 20021231 61.14 61.14 51.27 2.78 0.02 10.40 G.S. ROOFING PRODU(

EDOO340 NORTH TEXAS CEMENT COMPANY 3241 ELLIS 4 20031231 451.15 348.08 15.21 2,571.70 4,433.70 417.80 NORTH TEXAS CEMEN"

EDOO44L SAINT GOBAIN CONTAINERS 3221 ELLIS 4 20021231 61.57 61.57 16.24 334.25 181.89 12.87 SAINT GOBAIN CONTAI

ED00510 OWENS-CORNING 3296 ELLIS 4 20021231 461.33 419.91 137.50 580.43 67.62 201.97 WAXAHACHIE PLANT

ED0066B TXI OPERATIONS. L.P. 3241 ELLIS 4 20021231 301.19 115.48 42.83 4,221.20 2,098.90 763.34 MIDLOTHIAN PLANT

ED0099J HOLCIM TEXAS LIMITED 3241 ELLIS 4 20021231 378.61 378.11 626.67 4,203.89 3,166.63 5.051.55 HOLCIM (TEXAS) LP

PARTNERHOLCIM

ED0120U OWENS CORNING 2952 ELLIS 4 20021231 14.74 0.00 12.61 10.23 70.01 35.47 OWENS CORNING

ED0131P ELLIS COUNTY LANDFILL 4953 ELLIS 4 20011231 0.00 0.00 0.00 0.00 0.00 0.00 ELLIS COUNTY LANDFI

ED0168P DARTCO OF TEXAS LP 3089 ELLIS 4 20021231 1.69 1.69 539.65 22.17 0.65 18.54 DARTCO OF TEXAS

WAX

ED0238T TXU LONE STAR PIPELINE CO 4922 ELLIS 4 20021231 1.13 1.13 13.98 54.21 0.58 13.90 HOWARD

COMPRESSOR S

ED0240J WASTE MANAGEMENT OF TEXAS. 4953 ELLIS 4 20021231 97.89 35.92 31.71 8.02 3.09 70.16 SKYLINE RECYCLING ,.

ISKYLIN

ED0332D MIDLOTHIAN ENERGY LP 4911 ELLIS 4 20021231 369.61 369.61 77.39 720.93 12.77 348.02 MIDLOTHIAN ENERGY I

ED0347N ENNIS TRACTEBEL POWER 4911 ELLIS 4 20031231 26.95 26.95 0.02 89.52 1.71 24.37 ENNIS TRACTEBEL

COMPANENNIS POW

EFOO06U FIBERGRATE COMPOSITE 3089 ERATH 4 20031231 2.07 0.00 37.32 0.42 0.04 0.24 FIBERGRATE

STRUCTUFIBERG COMPOSIT

EF0012C SAINT-GOBAIN ABRASIVES INC 3291 ERATH 4 20031231 1.40 0.00 8.47 0.00 0.00 0.00 SAINT-GOBAIN ABRASI

EF0025Q DEVON GAS SERVICES LP 1321 ERATH 4 20021231 8.04 8.04 68.92 261.02 0.00 89.26 MITCHELL HUCKABAY'

FB0025U TXU GENERATION COMPANY LP 4911 FANNIN 4 20021231 65.90 65.90 50.18 2.188.79 21.69 81.77 VALLEY STEAM ELEC.

FC0018G LOWER COLORADO RIVER 4911 FAYETTE 11 20021231 1,453.57 431.37 231.44 19.119.93 31.797.71 1.778.37 FAYETTE POWER

AUTHORIFAYETT PROJE

FC0033K DUKE ENERGY FIELD SERVICES. FAYETTE 1 20021231 4.24 0.00 66.76 405.74 0.24 229.52 GIDDINGS PLANT

GIDDIN

I FC00341 II DUKE ENERGY FIELD SERVICES FAYETTE 1 20021231 0.45 0.00 1.50 101.72 0.03 34.41 WINCHESTER

COMPRESS