### AirQualityBureau NEW MEXICO 

### RECEIVEDENVIRONMENT DEPARTMF,(fR' 

### PLANNI

SUSANA MARTINEZ Governor JOHN A SANCHEZ Lieutenant Governor 130I SilerRoad, BuildingB SantaFe, New Mexico, 87507 Phone (505) 476-4300 Fax (505) 476-4375 www.nmenv.state.om.us DAVE MARTIN Cabinet Secretary BUTCH TONGATE Deputy Secretary

March 5, 2012 Jeffrey Robinson Chief, AirPermits Section (6PD) U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 DearMr. Robinson: This is to clarifyhow the New Mexico Air Quality Regulation 20.2.66 NMAC

- Cotton Gins, which was submitted as part oftheNM SIP in 2005, works in conjunction with 20.2.72 NMACConstructionPermits (Part 2.72) and meets applicable requirements. Part 66 is not a 'permitby rule' and does not stand alone withregards to the issuance of constructionpermits to cotton gins. A permitted cotton ginning facility is required to obtain a permit in accordance with Subsection A of20.2.72 (Construction Permits). Although Part 66 Section 6 (Objective) uses the language "permits issuedunderthis part", all cotton ginning permits are permitted as constructionpermits per20.2.66.201 NMAC and 20.2.72 NMAC. As described in the hearing transcript (Transcript, P. 19): "A cotton gin may invoke Part 66 in theirpermit application underPart 2.72
... [O]nce they do that, the application
... will include all ofthe otherelements in the standard constructionpermit application process, equipment, hours ofoperation, controls, the basic informationthat we ask ofall applicants." 

### In essence, the requirements ofPart 66 and the requirements ofPart 72 both apply. See also Part 66 Sections 200 and 201, whichreferto permit issuance and application, respectively, underPart 72. The control technology and set-back distances for the resulting Part 72 permit wouldbe based on the requirements 

### in Part 66. The hearing record demonstrates thatthe combination ofthe control technologies and set-back distances meet the NAAQS. The hearing record (Transcript, P. 28) also notes that, ifin the future federal standards orrequirements change to the pointthatthe controls and distances in Part 66 are no longer adequate, then the Departmenthas established authority and procedures for amending the rule. 20.2.72 NMAC

- ConstructionPermits is an approved element ofthe NM SIP. As part ofpermit issuanceunderthat rule, additional permitconditions regarding federal emissions standards, ifJeffrey Robinson January 23,2012 Page 2
any, monitoring, recordkeeping and otherapplicable requirements are applied as needed. Section 210 specifically provides forthe Department to include, on acaseby casebasis, permit conditions to address emission limits, control technology, and reasonable restrictions in matters otherthan emissionlimits orrates, and any otherterm ifrequired under a federally required and approved SIP. This includes requiring applicants to demonstrate compliance with new federal requirements (e.g., NAAQS) and comply with case-by-case permit conditions that are included to be protective offederal requirements. Any concern about applicable requirements at the time ofa cotton gin application or amendment thereafteris adequately addressedby this section. Ihope this answers yourquestions. Ifyou have any additional questions, please contact Rita Bates at (505) 476-4304 or Lany Weaver at (505) 476-4322. Sincerely,

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## 1Z~~/ Richard Goodyear " Acting Chief Air Quality Bureau
cc: Matthew Miller, EPA Region 6 Ashley Mohr, EPA Region 6 Rita Bates, NMED Kathryn Becker, NMED Lany Weaver, NMEDall of the other elements in the standard construction

include limitations that would result in allowable 19

being proposed?

In -- once they do

KATHY TOWNSEND COURT REPORTERS 110 Twelfth Street, Northwest, Albuquerque, New Mexico 87102 (505) 243-5018

- Fax (505) 243-3606 And we are referring to the requirements in A. A cotton gin may invoke Part 2.66 in their Q. What is the alternative permitting procedure And the current permitting procedure will

In addition, the permit application must permit application under Part 2.72.

emissions will not exceed standards, but it will include get a permit under the current procedures. air quality dispersion modeling. As will be discussed
ambient air impacts of cotton gins. That's one of the later, dispersion modeling typically overpredicts the

still be available to cotton gins should they choose to things that was established in the monitoring report.

dispersion modeling that the impacts of the gin's

permit application process, equipment, hours of operation, controls, the basic information that we ask

emissions after the permit is issued of no more than 50 that, the application will not need to demonstrate with

of all applicants.

minimum the controls, limitations, plans and practices set out in the regulation 2.66, Section 202. tons per year of PM , including a minimum -- at a 10 

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