Air Quality Bureau

NEW MEXICO RECEIVEDENVIRONMENT DEPARTMF,(fR' PLANNI

SUSANA MARTINEZ

Governor

JOHN A SANCHEZ

Lieutenant Governor

130 I Siler Road, Building B

Santa Fe, 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, Air Permits Section (6PD)

U.S. Environmental Protection Agency, Region 6

1445 Ross Avenue, Suite 1200

Dallas, TX 75202-2733

Dear Mr. Robinson:

This is to clarify how the New Mexico Air Quality Regulation 20.2.66 NMAC - Cotton Gins,

which was submitted as part ofthe NM SIP in 2005, works in conjunction with 20.2.72 NMACConstruction Permits (Part 2.72) and meets applicable requirements.

Part 66 is not a 'permit by rule' and does not stand alone with regards to the issuance of

construction permits 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 issued under this part", all cotton ginning

permits are permitted as construction permits per 20.2.66.201 NMAC and 20.2.72 NMAC.

As described in the hearing transcript (Transcript, P. 19): "A cotton gin may invoke Part 66 in

their permit application under Part 2.72... [O]nce they do that, the application... will include all

ofthe other elements in the standard construction permit application process, equipment, hours

of operation, controls, the basic information that we ask of all applicants." In essence, the

requirements ofPart 66 and the requirements ofPart 72 both apply. See also Part 66 Sections

200 and 201, which refer to permit issuance and application, respectively, under Part 72.

The control technology and set-back distances for the resulting Part 72 permit would be based on

the requirements in Part 66. The hearing record demonstrates that the 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 or requirements change to the point that the

controls and distances in Part 66 are no longer adequate, then the Department has established

authority and procedures for amending the rule.

20.2.72 NMAC - Construction Permits is an approved element ofthe NM SIP. As part ofpermit

issuance under that rule, additional permit conditions regarding federal emissions standards, if
Jeffrey Robinson

January 23,2012

Page 2

any, monitoring, recordkeeping and other applicable requirements are applied as needed.

Section 210 specifically provides for the Department to include, on a case by case basis, permit

conditions to address emission limits, control technology, and reasonable restrictions in matters

other than emission limits or rates, and any other term 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 of federal requirements. Any concern about applicable requirements at the time

of a cotton gin application or amendment thereafter is adequately addressed by this section.

I hope this answers your questions. If you have any additional questions, please contact Rita

Bates at (505) 476-4304 or Lany Weaver at (505) 476-4322.

Sincerely,

'IY //:' ,0' , -4

)W i'M'" c 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, NMED
all 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

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