TECHNICAL SUPPORT DOCUMENT 

20 New Mexico Administrative Code (NMAC) Chapter 2, Part 66 

Cotton Gins 

20.2.66 NMAC 

June 12, 2012 

FOR FURTHER INFORMATION CONTACT: Ms. Ashley Mohr, United States 

Environmental Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross 

Avenue, Dallas, Texas, 75202-2733, (214) 665-7289 
2

Subject: Revisions to the State Implementation Plan – New Mexico Administrative 

Code Title 20, Chapter 2, Part 66 – Cotton Gins 

Contents: 

I. Executive Summary 

II. Summary of State Submittal 

III. Technical Review of State Submittal 

IV. Conclusion 

 
3

I. Executive Summary 

What actions are evaluated in this Technical Support Document? 

This technical support document (TSD) reviews a proposed revision to the New Mexico 

minor New Source Review (NSR) State Implementation Plan (SIP) concerning a new air 

quality regulation that applies to cotton ginning facilities. This review will determine if 

the revisions are consistent with the requirements of the Clean Air Act and EPA’s policy 

and guidance. 

April 25, 2005

• On March 16, 2005, the New Mexico Environmental Improvement Board (EIB) 

adopted the addition of a new regulation, which is codified in Title 20, Chapter 2, Part 

66 of the New Mexico Administrative Code (NMAC), concerning an alternative 

process for issuing minor NSR permits to cotton ginning facilities. The Cotton Gin 

regulation became effective on April 7, 2005. Governor Bill Richardson submitted a 

revision to the New Mexico minor NSR SIP in a letter dated April 25, 2005, 

requesting the addition of the Cotton Gin regulation. 

• The April 25, 2005, submittal from New Mexico also contained revisions to 20.2.72 

NMAC – Construction Permits, 20.2.73 NMAC – Notice of Intent and Emissions 

Inventory Requirements, and 20.2.75 NMAC – Construction Permit Fees. This TSD 

only reviews the portion of the April 11, 2002 submittal regarding 20.2.66 – Cotton 

Gins. Portions of the submittal related to Parts 72, 73, and 75 have been or will be 

addressed in separate SIP revisions reviews and rule actions. 

• The April 25, 2005, submittal from New Mexico also contained revisions to the New 

Mexico Air Quality Control Act (AQCA), specifically the 2003 amendments to 

Section 74-2-7(C) and (O), related to permit issuance for cotton ginning facilities. 

The state statutes contained in the New Mexico AQCA are beyond the scope of the 

New Mexico SIP, and revisions to the statutes are beyond the statutory scope of this 

rulemaking. Therefore, revisions to the New Mexico AQCA will not be evaluated as 

a revision to the New Mexico SIP. EPA is finding that the revisions to the New 

Mexico Air Quality Control Act (AQCA) contained in the April 25, 2005, submittal, 

specifically the 2003 amendments to Section 74-2-7(C) and (O), related to permit 

issuance for cotton ginning facilities, provide sufficient legal authority for the NMED 

to adopt and enforce the 20.2.66 NMAC. 

• EPA is under a Consent Decree to take final action on the portion of the April 25, 

2005, submittal that proposes to add the Cotton Gin regulation to the New Mexico 

minor NSR SIP no later than May 31, 2012. 
4

II. Summary of State Submittal 

April 25, 2005, Submittal

• 20.2.66 NMAC – Cotton Gins 

The EIB adopted 20.2.66 NMAC (Part 66) on March 16, 2005, to provide an 

alternative process for cotton ginning facilities emitting no more than 50 tons per year 

of particulate matter emissions to apply for air quality minor NSR construction 

permits. Part 66 prescribes certain minimal technical standards to minimize 

particulate matter (PM) emissions. The Part specifies permit application 

requirements, emission control requirements, fugitive dust plan requirements, 

operating and location restrictions, setback distance requirements, and inspection and 

recording keeping requirements for cotton ginning facilities requesting authorization 

under the alternative permitting process found in 20.2.66 NMAC. 

What is the Cotton Gin regulation (20.2.66 NMAC)? 

The Cotton Gin regulation provisions found in Part 66 establish an alternative process for 

owners and operators of cotton ginning facilities, as defined in the Part, to obtain a minor 

NSR construction permit. 20.2.66 NMAC was developed and adopted by NMED in 

response to 2003 amendments to the New Mexico AQCA, specifically those amendments 

to Sections 74-2-7(C) and (O). 

A “cotton ginning facility” is defined in Part 66 as “any facility that separates seed, lint, 

and trash from raw cotton, and bales lint cotton for further processing.” To meet the 

definition of a “cotton ginning facility,” Part 66 also requires that the facility have the 

standard industrial classification code 0724 (cotton ginning) and the North American 

industrial standard classification code 11511 (cotton ginning). It must also have 50 tons 

per year or less of particulate matter emissions.1

 Those sources that meet the cotton 

ginning facility definition and elect to apply for a minor NSR construction permit under 

Part 66, must meet the source specific requirements contained in the Part, which include 

application requirements and permit requirements. 

As clarified by NMED, Part 66 works in conjunction with the Part 72 – Construction 

Permits program, and sources obtaining permits under Part 66 are also required to obtain 

a permit in accordance with the application requirements contained in 20.2.72 NMAC 

(Part 72).2

 A source that obtains a minor NSR preconstruction permit under Part 66 for 

its particulate matter emissions is also required to meet the applicable requirements 

contained in the SIP’s 20.2.72 NMAC – Construction Permits (Part 72) to obtain a minor 

preconstruction permit for its other emissions. 

What are the Application Requirements for sources utilizing 20.2.66 NMAC? 

 

1

 Definition found in 20.2.66.7(C) NMAC. 

2

 Clarification on permit application requirements provided in March 5, 2012, letter from Richard 

Goodyear, NMED, to Jeffrey Robinson, EPA Region 6. 
5

In addition to meeting permit application requirements found in Part 72, sources applying 

for a minor NSR construction permit under Part 66 must also state that the Part is 

applicable to the cotton ginning facility and propose allowable annual and hourly 

emissions from the facility, including limitations necessary that will result in allowable 

emissions being no more than fifty (50) tons per year for particulate matter emissions. 

The permit application must also include a proposed best system of emissions reductions 

for the facility, which includes at a minimum the controls, limitations, plans, and 

practices found in Part 66. 

What are the Permit Requirements for sources utilizing 20.2.66 NMAC? 

Permits issued under Part 66 will include the emission limitations specified in the permit 

application, except as modified by the department. The NMED is authorized to modify 

any of the proposed limitations and controls to be more stringent, as necessary to ensure 

that applicable requirements are met. The permit will also include applicable particulate 

matter emissions control requirements for high pressure and low pressure exhausts as 

specified in 20.2.66.202(B) and (C). Issued permits will also include a fugitive dust 

management plan requirements and applicable requirements for fuel burning equipment 

as specified in 20.2.66.202(D) and (E), respectively. Part 66 also requires that permits 

include restrictions on emission point locations that are determined based on the cotton 

ginning facility’s hourly PM10 emission rate. The cotton gin must be located at a 

minimum of ten (10) feet from the facility’s property boundary. The gin must also be at 

least 0.25 miles from any existing state part, recreation area, or school and at least three 

miles from any class I area. Permits issued under Part 66 will also include maintenance 

requirements as specified in 20.2.66.202(G). The permit will also include other permit 

conditions, including but not limited to recordkeeping, monitoring, reporting 

requirements, and test methods, as required to ensure the enforceability of the Part 66 

permit conditions. 

In addition to the permit requirements specified in Part 66, permits issued via the 

alternative permitting approach found in the Cotton Gin regulation may also include 

additional permit conditions related to particulate matter emissions consistent with 

requirements of Part 72.3

 For example, additional case-by-case permit conditions may be 

included to ensure compliance with federal requirements (e.g., NAAQS), including 

emissions limitations and any monitoring, recordkeeping and other applicable 

requirements, as necessary. 

 

3

 Clarification on permit requirements provided in March 5, 2012, letter from Richard Goodyear, NMED, 

to Jeffrey Robinson, EPA Region 6.
6

III. Technical Review of State Submittal 

This technical review of the April 25, 2005, submittal of 20.2.66 NMAC consists of a 

comparison between the relevant CAA requirements and the corresponding sections in 

the SIP submittal. The SIP submittal was reviewed for completeness as a SIP submittal 

under Part 51, Appendix V and to confirm that the submittal met the requirements for the 

preparation, adoption, and submittal of implementation plans can be found in 40 CFR 

Part 51. Then the SIP revision is analyzed with respect to the current SIP-approved NSR 

program and subsequent revisions. A comparison of the proposed SIP revision with 

section 110(l) of the CAA is presented to determine whether the proposed revisions 

interfere with any applicable CAA provisions. These analyses produce a written 

evaluation that will be used to make a determination of whether or not the provisions of 

the Cotton Gin regulation in the April 25, 2005, SIP submittal are in agreement with the 

CAA, other EPA policies or guidance. 

A. Part 51, Appendix V Evaluation 

B. Review with respect to Part 51 

C. Review with respect to 110(l) of CAA 
7

III.A Part 51, Appendix V Evaluation 

Evaluation of the April 25, 2005, SIP Submittal with respect to Part 51, Appendix V 

Part 51, Appendix V Completeness Checklist 

The criteria for completeness determination are found in Appendix V to Part 51 – Criteria 

for determining the completeness of plan submissions and are outlined below: 

1.0 Purpose: This appendix V sets forth the minimum criteria for determining 

whether a state implementation plan submitted for consideration by EPA is an 

official submission for purposes of review under § 51.103. 

1.1 The EPA shall return to the submitting official any plan or revision thereof which 

fails to meet the criteria set forth in this appendix V, and request corrective action, 

identifying the component(s) absent or insufficient to perform a review of the 

submitted plan. 

1.2 The EPA shall inform the submitting official whether or not a plan submission 

meets the requirements of this appendix V within 60 days of EPA’s receipt of the 

submittal, but no later than 6 months after the date which the State was required to 

submit the plan or revision. If a completeness determination is not made by 6 

months from receipt of a submittal, the submittal shall be deemed complete by 

operation of law on the date 6 months from receipt. A determination of 

completeness under this paragraph means that the submission is an official 

submission for purposes of § 51.103. 

The attached checklist outlines the basic criteria included under 2.1, 2.2, and 2.3 of 

Appendix V. 
8

SIP Completeness Checklist for the April 25, 2005, SIP Submittal 

Adoption of 20.2.66 NMAC – Cotton Gins 

Administrative Materials (2.1) 

1. The package is sent with a formal submittal letter from the Governor or his or her 

designee requesting EPA’s approval of the revision. 

The SIP revision was submitted by a letter from Governor Bill Richardson, dated 

April 25, 2005. The SIP submittal was received by EPA Region 6 External Affairs 

on May 4, 2005. 

2. Evidence is included that the State has adopted the revision in the State code or 

body of regulations, or that the State has issued the permit, order, consent 

agreement (hereafter document) in final form. This evidence would include the 

date of adoption or final issuance and the effective date of revision, if different 

from the adoption/issuance date. 

The revisions for the April 25, 2005, submittal were adopted by the New Mexico 

Environmental Improvement Board on March 16, 2005, filed with the New 

Mexico State Records Center on March 2, 2005, and became effective April 7, 

2005. 

3. Evidence is included that the State has necessary legal authority under State law 

to adopt and implement the revision, e.g., a citation of the appropriate State 

authority. 

The authority for promulgating changes to the New Mexico State Implementation 

Plan, Part 66 – Cotton Gins is found in Paragraph 4 of Subsection A of Section 

74-1-8 of the Environmental Improvement Act and Sections 74-2-1 et seq., 

including specifically, Section 74-2-5(A) and (B), and Section 74-2-7(A)(1), (B), 

(C), (D), and (O)of the New Mexico AQCA. EPA is finding that the revisions to 

the New Mexico Air Quality Control Act (AQCA) contained in the April 25, 2005, 

submittal, specifically the 2003 amendments to Section 74-2-7(C) and (O), related 

to permit issuance for cotton ginning facilities, provide sufficient legal authority 

for the NMED to adopt and enforce the 20.2.66 NMAC. 

4. A copy is included of the actual regulation or document submitted for approval 

and incorporation by reference into the SIP including an indication of the changes 

made to the existing approved place where applicable. The submittal shall be a 

copy of the official State regulation document signed, stamped, and dated by the 

appropriate State official indicating that it is fully enforceable by the State. The 
9

effective date of the regulation document shall, whenever possible, be indicated in 

the document itself. 

The April 25, 2005, submittal included a copy of the official state regulation 

document filed at the State Records Center on March 2, 2005, and which became 

effective on April 7, 2005. 

5. Evidence is included that the State followed all of the procedural requirements of 

its laws and/or its constitution in the conducting and completing the 

adoption/issuance of the plan. 

The SIP submittal package provided evidence that legal notices were published in 

the local newspaper regarding the adoption of the Cotton Gin regulation, as well 

as, information on the public hearing to be held regarding the proposed changes 

to the state rules and how to submit comments on the proposed changes. A copy 

of the public hearing transcript with supporting exhibits was also included in the 

submittal. 

6. Evidence is included that public notice was given of the proposed changes 

consistent with the procedures approved by EPA, including the date of publication 

of such notice (e.g., notarized or certified copies of any public notices published 

in newspapers). (The notice should be at least 30 days prior to the public 

hearing(s). 

Notices of public hearings were published in the following newspapers on the 

date listed: 

• Las Cruces Sun-News: September 1, 2004 

• The Albuquerque Journal: August 18, 2004 

Notice of the public comment period and Hearing was also published in the New 

Mexico Register on August 31, 2004. A public hearing was held in Las Cruces, 

New Mexico on October 5, 2004. 

7. A certification is included indicating that public hearing(s) was/were held in 

accordance with the information provided in the public notice(s) and the State’s 

laws and constitution, if applicable. 

See transcriber’s certification at the end of the public hearing transcripts in the 

April 25, 2005, SIP submittal. 

8. A compilation of public comments and the State’s response is included. 

The SIP submittal package included copies of comments received from the public 

on the State regulation. The packages also included a copy of the Public Hearing 

Transcripts from the October 5, 2004, public hearing, during which public 
10

comments and responses regarding the Part 66 – Cotton Gins regulation were 

discussed. 

Technical Support (2.2) 

1. Identification of all regulated pollutants affected by the revision included. 

The SIP submittal addresses alternative procedures for cotton ginning facilities to 

obtain minor NSR air permits for particulate matter emissions; therefore, the SIP 

submittal has the potential to address particulate matter. The emissions control 

requirements contained in the Cotton Gin regulation pertain to particulate matter 

emissions. All other pollutants emitted from facilities using the Part 66 

alternative permit approach will continue to be addressed via the requirements of 

the existing Part 72 construction permitting program. 

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the 

attainment plan for the affected area(s) is included. 

The provisions establishing an alternative procedure for cotton ginning facilities 

to obtain minor NSR air permits can be applied statewide as long as the emission 

source meets the specific requirements contained in the regulation. 

3. Quantifications of the changes in SIP allowable emissions from the affected 

sources is included. (Examples include estimates of changes in current actual 

emissions from affected sources and/or, where appropriate, quantification of 

changes in actual emissions from affected sources through calculations of the 

differences between certain baseline levels and allowable emissions anticipated if 

the revisions were approved.) 

The provisions for establishing alternative means for cotton ginning facilities to 

apply for minor NSR construction permits do not need to include quantification of 

the changes in SIP allowable emissions from the affected sources. The mechanics 

of the construction permitting process ensure appropriate amounts of permitted 

emissions are approved. 

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration 

and visibility as applicable would be protected if the revision were approved and 

implemented. 

See section III.C of this document for more information regarding the SIP 

revision and how it meets the section 110(l) requirements that require the revision 

not interfere with attainment or reasonable further progress or any other 

applicable requirement of the Act. 

5. FOR REDESIGNATIONS: 
11

a. Is there a fully approved maintenance plan for the primary ambient air 

quality standards for at least 10 years as required by § 175A of the Clean 

Air Act? 

Not applicable. 

b. Are contingency measures included? 

Not applicable. 

6. Modeling information, if applicable, is required to support the proposed revision. 

Modeling information is not necessary to support this SIP revision. 

7. Evidence is included where necessary, that emission limitations are based on 

continuous emission reduction technology (e.g., add-on controls, 

industrial/process equipment designs, reformulated materials, etc.). 

The Cotton Gin regulation does not in itself establish emission limitations. The 

construction permitting program will implement emission limitations on a permitby-permit basis as appropriate. 

8. Evidence is included indicating that a SIP revision contains emission limitations, 

work practice standards and recordkeeping/reporting requirements to ensure 

stated emission levels. 

The Cotton Gin regulation does include a recordkeeping component requiring 

that the owner or operator maintain records of daily inspections. Additionally, 

each individual issued minor NSR construction permit will include separate 

emission limitations, work practice standards and recordkeeping/reporting 

requirements sufficient to ensure permitted particulate matter emission levels. 

9. Compliance/enforcement strategies including how compliance will be determined 

in practice (including at what frequency). 

The Cotton Gin regulation does not need to include compliance/enforcement 

strategies. Compliance/enforcement of the construction permitting program will 

be determined on a permit-by-permit basis. 

10. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not 

necessary should be included. For example, requests for alternative RACT may 

require such justification. 

These justifications are not necessary for this SIP revision. 
12

The April 25, 2005, SIP submittal meets the completeness criteria established in 40 

CFR part 51, Appendix V. 
13

III.B. Review with respect to 40 CFR Part 51 

Requirements for the preparation, adoption, and submittal of implementation plans can be 

found in 40 CFR Part 51. The April 25, 2005, proposed SIP revisions to add alternative 

methods for cotton ginning facilities to obtain minor NSR construction permits were 

evaluated against the applicable requirements in Part 51. This analysis is included in 

Table B.I below. This section only addresses the proposed addition of the Cotton Gin 

regulation (20.2.66 NMAC) under review in this TSD. All other revisions proposed in 

the April 25, 2005, SIP submittal will be evaluated with respect to Part 51 when EPA 

takes actions on those revisions. 

Table B.I: Analysis of Part 51 Requirements 

Part 51 – Requirements for Preparation, 

Adoption, and Submittal of Implementation 

Plans 

Cotton Gin Regulation 

20.2.66 NMAC 

Subpart A – Emission Inventory Reporting 

Requirements 

The submitted sections under review in this 

document regarding the Cotton Gin regulation do 

not affect the current NM requirements for 

Emission Inventory Reporting. 

Subparts B – E [Reserved] Not applicable. 

Subpart F – Procedural Requirements Subpart F – Procedural Requirements 

§ 51.100 Definitions § 51.100 is not applicable to the Cotton Gin 

regulation under review in this TSD. 

§ 51.101 Stipulations § 51.101 is not applicable to the Cotton Gin 

regulation under review in this TSD. 

§ 51.102 Public Hearings 

• States must conduct one or more public 

hearings 

• Public hearings will only be held after 

reasonable notice, given at least 30 days 

prior to the date of the hearing 

• The state must submit with the revision a 

certification that the hearing was held in 

accordance with this section 

Please see section III.A of this TSD for the 

evaluation of the SIP revision with respect to the 

Part 51, Appendix V Checklist. The SIP 

submission under review in this document met the 

requirements of 51.102 for notification of public 

hearings, as detailed in the Part 51, Appendix V 

Checklist and certified by appropriate state 

officials. 

§ 51.103 Submission of plans, preliminary review 

of plans 

• The state makes an official plan 

submission to EPA only when the 

submission conforms to the requirements 

of Part 51, Appendix V. 

• The state delivers 5 copies of the plan 

with a letter giving notice of the action to 

the EPA regional office. 

Please see section III.A of this TSD for the 

evaluation of the SIP revision with respect to the 

Part 51, Appendix V Checklist. 

The SIP submission meets the requirements for 

completeness. 

§ 51.104 Revisions 

• States may revise the plan from time to 

time 

• EPA will approve revisions only after 

appropriate public hearing requirements 

have been met 

• Revisions must be submitted in 

accordance with 51.103 

Please see section III.A of this TSD for the 

evaluation of the SIP revision with respect to the 

Part 51, Appendix V Checklist. 

The SIP submission meets the requirements of 

51.102, 51.103, and 51.104 for notification of 

public hearings and submission of revisions, as 

detailed in the Part 51, Appendix V Checklist and 

certified by appropriate state officials. 
14

Part 51 – Requirements for Preparation, 

Adoption, and Submittal of Implementation 

Plans 

Cotton Gin Regulation 

20.2.66 NMAC 

Subpart G – Control Strategy Requirements found in 51, Subpart H are not 

applicable to the sections under review in this 

document. These sections establish an alternative 

process for issuing air quality minor NSR permits 

to cotton ginning facilities and are not concerned 

control strategies necessary to attain or maintain 

NAAQS. 

Subpart H – Prevention of Air Pollution 

Emergency Episodes 

Requirements found in 51, Subpart H are not 

applicable to the sections under review in this 

document. These sections establish an alternative 

process for issuing air quality minor NSR permits 

to cotton ginning facilities and are not concerned 

with air pollution emergency episode plans. 

Subpart I – Review of New Sources and 

Modifications 

Part 51, Subpart I requirements are applicable to 

the SIP submittal under review in this document. 

Please see the additional analyses in this section 

and section III.C for more details about how each 

section satisfies the CAA and Part 51, Subpart I 

requirements for NSR permitting. 

Subpart J – Ambient Air Quality Surveillance Requirements found in 51, Subpart J are not 

applicable to the SIP submittal under review in this 

document. The SIP revisions establish an 

alternative process for issuing air quality minor 

NSR permits to cotton ginning facilities and are 

not concerned with ambient air quality 

surveillance. 

Subpart K – Source Surveillance Requirements found in 51, Subpart K are not 

applicable to the SIP submittal under review in this 

document. The SIP revisions establish an 

alternative process for issuing air quality minor 

NSR permits to cotton ginning facilities and are 

not concerned with source surveillance. 

Subpart L – Legal Authority Subpart L – Legal Authority 

§ 51.230 Each plan must show that the State has 

the necessary legal authority to carry out the plan, 

including the authority to adopt emission standards 

and limitations necessary for attainment of the 

NAAQS, enforce applicable laws and regulations 

and seek injunctive relief. 

As specified in the submittal, the SIP revision 

package was developed under the legal authority at 

Chapter 74, Article 2, NMSA 1978, including 

specifically, Section 74-2-5(A) and (B), and 

Section 74-2-7(A)(1), (B), (C), (D) and (O). 

§ 51.231 The provision of law or regulation 

which the State determines provides the authorities 

required must be specifically indentified and 

copies must be submitted with the plan. 

As specified in the submittal, the SIP revision 

package was developed under the legal authority at 

Chapter 74, Article 2, NMSA 1978, including 

specifically, Section 74-2-5(A) and (B), and 

Section 74-2-7(A)(1), (B), (C), (D) and (O). 

§ 51.232 A state government agency other than 

the State air pollution control agency may be 

assigned responsibility for carrying out a portion 

of the plan. 

The New Mexico minor NSR SIP revision 

reviewed in this document identified the EIB as 

the agency responsible for developing, 

implementing, and enforcing the SIP. Please see 

section III.A of this document for the Part 51, 

Appendix V checklist for each submittal. 

Subpart M – Intergovernmental Consultation The New Mexico minor NSR SIP revision 

reviewed in this document identified the EIB as 
15

Part 51 – Requirements for Preparation, 

Adoption, and Submittal of Implementation 

Plans 

Cotton Gin Regulation 

20.2.66 NMAC 

Each plan must identify organizations by title that 

will participate in the development, 

implementation, and enforcement of the plan. 

the agency responsible for developing, 

implementing, and enforcing the SIP. Please see 

section III.A of this document for the Part 51, 

Appendix V checklist for each submittal.

Subpart N – Compliance Schedule Requirements found in 51, Subpart N are not 

applicable to the SIP submittal, which establishes 

an alternative process for issuing air quality minor 

NSR permits to cotton ginning facilities. These 

revisions do not establish a compliance schedule 

for any NAAQS, and therefore do not need to 

address the requirements of 40 CFR 51, Subpart N. 

Subpart O – Miscellaneous Plan Content 

Requirements 

Requirements found in 51, Subpart O are not 

applicable to the SIP submittal, which establishes 

an alternative process for issuing air quality minor 

NSR permits to cotton ginning facilities. It is not 

necessary that this SIP submittal also establishes 

electronic reporting procedures or public 

notification requirements as part of the action. In 

addition, this SIP submittal is not expected to have 

a fiscal implication for NMED or other state/local 

government through the implementation of the 

Cotton Gin regulation. 

Subpart P – Protection of Visibility Requirements found in 51, Subpart P are not 

applicable to the SIP submittal, which establishes 

an alternative process for issuing air quality minor 

NSR permits to cotton ginning facilities, and are 

not submitted as part of the Department’s 

protection of visibility program. 

Subpart Q – Reports Requirements found in 51, Subpart Q are not 

applicable to the SIP submittal, which establishes 

an alternative process for issuing air quality minor 

NSR permits to cotton ginning facilities and does 

not establish new reporting requirements. 

Subpart R – Extensions Requirements found in 51, Subpart R are not 

applicable to the SIP submittal, which establishes 

an alternative process for issuing air quality minor 

NSR permits to cotton ginning facilities and is not 

related to a request for an 18-month extension. 

Subpart S – Inspection/Maintenance Program 

Requirements 

Requirements found in 51, Subpart S are not 

applicable to the SIP submittal, which establishes 

an alternative process for issuing air quality minor 

NSR permits to cotton ginning facilities and does 

not establish inspection/maintenance programs. 

Subpart T – Conformity to State or Federal 

Implementation Plans of Transportation Plans, 

Programs, and Projects Developed, Funded, or 

Approved Under Title 23 U.S.C or the Federal 

Transit Laws 

Requirements found in 51, Subpart T are not 

applicable to the SIP submittal under review in this 

document, which establishes an alternative process 

for issuing air quality minor NSR permits to cotton 

ginning facilities and does not interfere with the 

transportation conformity budgets developed for 
16

Part 51 – Requirements for Preparation, 

Adoption, and Submittal of Implementation 

Plans 

Cotton Gin Regulation 

20.2.66 NMAC 

each nonattainment and maintenance area pursuant 

to subpart T. 

Subpart U – Economic Incentive Programs 40 CFR part 51, subpart U establishes 

requirements for statutorily mandated economic 

incentive programs under sections 182(g)(3), 

182(g)(5), 187(d)(3), or 187(g) of the CAA. This 

subpart is not applicable to the SIP submittal, 

which establishes an alternative process for issuing 

air quality minor NSR permits to cotton ginning 

facilities. 

Subpart W – Determining Conformity of General 

Federal Actions to State or Federal 

Implementation Plans 

Requirements found in 51, Subpart W are not 

applicable to the SIP submittal, which establishes 

an alternative process for issuing air quality minor 

NSR permits to cotton ginning facilities and does 

not address or interfere with the New Mexico rules 

for general conformity. 

Subpart X – Provisions for Implementation of 8-hr 

Ozone NAAQS 

Requirements found in 51, Subpart X are not 

applicable to the SIP submittal, which establishes 

an alternative process for issuing air quality minor 

NSR permits to cotton ginning facilities and are 

not associated with the implementation of the 8-

hour ozone NAAQS. 

Subpart Y – Mitigation Requirements Requirements found in 51, Subpart Y are not 

applicable to the SIP submittal, which establishes 

an alternative process for issuing air quality minor 

NSR permits to cotton ginning facilities and are 

not associated with the mitigating requirements of 

exceptional events. 

Subpart Z – Provisions for Implementation of 

PM2.5 NAAQS 

Requirements found in 51, Subpart Z are not 

applicable to the SIP submittal, which establishes 

an alternative process for issuing air quality minor 

NSR permits to cotton ginning facilities and are 

not associated with the implementation of the 

PM2.5 NAAQS. 
III.C. Evaluation with respect to section 110(l) of the Clean Air Act 

This section 110(l) analysis will be conducted considering the Part 66 – Cotton Gin 

regulation submitted in the April 25, 2005, SIP submittal as one component of the New 

Mexico minor NSR permitting program. Specifically, these rules establish an alternative 

process for issuing minor NSR air quality permits to cotton ginning facilities. 

Section 110(l) of the Clean Air Act states: 

Each revision to an implementation plan submitted by a State under this Act shall 

be adopted by such State after reasonable notice and public hearing. The 

Administrator shall not approve a revision of a plan if the revision would 

interfere with any applicable requirement concerning attainment and reasonable 

further progress (as defined in section 171), or any other applicable requirement 

of this Act. 

Thus, under section 110(l), this SIP revision must not interfere with attainment or 

reasonable further progress or any other applicable requirement of the Act. 

Prior to the state’s adoption of the Part 66 – Cotton Gins regulation, cotton ginning 

facilities seeking a construction permit would apply for a permit under the provisions of 

Part 72. With the adoption of the Cotton Gin regulation, cotton ginning facilities now 

have an alternative process to apply for and receive a minor NSR construction permit for 

particulate emissions if they meet the requirements of Part 66. Part 66 includes 

provisions containing emission control requirements, fugitive dust plan requirements, and 

location restrictions for cotton ginning facilities that are specific to the control of 

emissions and minimization of impacts from PM emissions. All other pollutants will 

continue to be addressed via the requirements of the Part 72 minor NSR construction 

permitting program. Permits issued to cotton ginning facilities under Part 66 are 

permitted as minor NSR construction permits per Part 66 and Part 72 requirements.4

 

20.2.72 NMAC was approved into the New Mexico SIP by EPA on September 26, 1997.5

 

Therefore, in this section we have evaluated the Cotton Gin regulation for its impact on 

attainment and reasonable further progress for particulate matter emissions. 

The entire state of New Mexico was designated attainment for the 1997 PM2.5 NAAQS. 

Additionally, the entire state of New Mexico was designated attainment for the 2006 

PM2.5 NAAQS. The only area designated nonattainment for PM10 in New Mexico is 

Anthony, which is located in Dona Ana County. Anthony, New Mexico is designated as 

nonattainment for PM10. The nonattainment area is located in southeastern Dona County 

centered on the city of Anthony located just north of New Mexico-Texas border. While, 

Dona Ana County does contain cotton ginning facilities, these facilities are located 

outside of the Anthony nonattainment area. In New Mexico’s November 8, 1991, SIP 

revision for the Anthony PM10 nonattainment area, the state demonstrated that PM10

 

4

 Additional clarification regarding how Part 66 works in conjunction with Part 72 provided in March 5, 

2012, letter from Richard Goodyear, NMED, to Jeffrey Robinson, EPA Region 6.

5 62 FR 50518 
18

emissions from existing cotton gins located in Dona Ana County did not have a 

significant impact on air quality in Anthony.6 Therefore, New Mexico did not include 

control requirements for any point sources, including cotton gins, in their PM10 SIP 

revision for Anthony. EPA approved the PM10 SIP for Anthony, New Mexico on 

September 9, 1993.7,8 

Annual emissions inventory information compiled by NMED for inventory year 2002 

shows that annual emissions of PM10 resulting from cotton gins located in Dona Ana 

County is much less than the total PM10 emissions from both agricultural and nonagricultural emission sources in that county.9

 The 2002 Dona Ana County emissions 

inventory data also shows that annual emissions of PM2.5 from cotton gins are much less 

that the total PM2.5 emissions. There also is no new evidence that new minor source 

cotton gins would have a significant impact on air quality in Anthony. There is no 

evidence of growth in cotton gins since 1991, the date of the PM10 SIP revision that EPA 

approved; in fact, at least two cotton gins have permanently shut down. Therefore, we 

expect that the impacts of PM10 emissions from cotton gins on air quality in Dona Ana 

County, including in Anthony, would be small relative to the impacts from other 

emission sources. This expectation is consistent with the demonstration of de minimis 

impacts from the cotton gin emissions on air quality in Anthony in New Mexico’s PM10

SIP revision. 

The cotton gin industry, including ginning activity in Dona Ana County, is not expected 

to experience significant growth from current activity levels. Currently, four cotton 

ginning facilities are located in the state of New Mexico. Only one of these gins has 

utilized the Part 66 permitting approach, Mesa Farmers Cotton Gin, which is located in 

Dona Ana County. When the Cotton Gin regulation was developed and adopted by New 

Mexico in 2005, seven commercial gins were registered in New Mexico, with six of the 

registered gins actually operating. Since 2005, three of these seven cotton gins have 

closed. Only one of the remaining four cotton gins is located in Dona Ana County. The 

current ginning capacity in New Mexico is more than sufficient to handle the State’s 

cotton production and annual trends show decreasing cotton production since the State’s 

 

6

 Revision to the New Mexico PM10 State Implementation Plan for Anthony, New Mexico prepared by 

NMED Air Quality Bureau dated November 8, 1991. Available at: 

http://www.nmenv.state.nm.us/aqb/NEAP/dona_ana2.html. 7 58 FR 47383

8

 In the approval of New Mexico’s November 8, 1991, SIP revision, EPA concurred that after 

implementation of reasonable controls anthropogenic sources as a whole do not contribute significantly to 

the PM10 NAAQS violations in the Anthony, New Mexico nonattainment area. 9

 Appendix D of the 2005 Reevaluation Dona Ana County Natural Events Action Plan (NEAP) provided 

2002 annual emissions of PM10 for various sources types located in Dona Ana County. The report included 

the following estimates of total PM10 from nonagricultural and agricultural sources in Dona Ana County: 

57,671.0 tons per year and 7,757.5 tons per year. Estimated 2002 annual PM10 emissions from cotton gins 

located in Dona Ana County were 16.9 tons per year. The estimated total PM2.5 from nonagricultural and 

agricultural sources in Dona Ana County: 12,616.8 tons per year and 1,218.4 tons per year. Estimated 

2002 annual PM2.5 emissions from cotton gins located in Dona Ana County were 2.2 tons per year. NEAP 

documents, including Appendix D available at: 

http://www.nmenv.state.nm.us/aqb/NEAP/dona_ana2.html. 
19

adoption of the Cotton Gin regulation.10 Moreover, of the four currently operational 

cotton ginning facilities located in New Mexico, only one has received a permit through 

the Part 66 permitting process. Furthermore, if a new minor cotton gin source wished to 

construct in Dona Ana County and applied for a permit via the Part 66 alternative minor 

NSR preconstruction permitting process, the permit would limit the emissions of PM10 or 

PM2.5 to not more than 50 tons per year. 

For all other areas of New Mexico located outside of the Anthony PM10 nonattainment 

area, the Cotton Gin regulation is evaluated to determine if the SIP revision will interfere 

with attainment for PM2.5 or PM10. As previously mentioned, based on the State’s current 

ginning capacity and cotton production trends, cotton ginning activity in New Mexico is 

not expected to experience significant growth from current activity levels. If a new 

minor cotton gin source is to be located in New Mexico, and the owner chooses the Part 

66 alternative method, the cotton gin facility must apply for a minor NSR preconstruction 

permit under Part 66 and the permit will limit the emissions of particulate matter to not 

more than 50 tons per year. In addition, a source applying for a minor preconstruction 

permit under Part 66 is required to meet at a minimum the control requirements contained 

in the Cotton Gin regulation, which include control equipment requirements for high and 

low pressure exhausts, opacity limitations, implementation requirements for a fugitive 

dust management plan, fuel usage limitations for any fuel burning equipment, and 

location restrictions based on the facility’s emission rates. 

Prior to the adoption of Part 66, New Mexico did not have specific regulations or control 

requirements for cotton ginning facilities. Instead, control requirements for new and 

modified cotton ginning facilities were established through the existing case-by-case 

preconstruction permitting program in the SIP (Part 72 for minor sources). The adoption 

of Part 66 establishes specific control requirements for particulate matter emissions that 

are not contained in the current New Mexico SIP for cotton ginning facilities seeking a 

minor preconstruction permit via the alternative minor NSR preconstruction permit 

approach. New Mexico also retains the authority and procedures to amend the Part 66 

Cotton Gin regulation if federal standards or requirements change and the Cotton Gin 

regulation is no longer adequate to ensure that applicable requirements are met.11

Our evaluation of the April 25, 2005, SIP submittal with respect to both PM10

nonattainment and attainment areas and to PM2.5 impacts demonstrates compliance with 

section 110(l) of the CAA and provides further basis for approval of this SIP revision. 

 

10 Information regarding the current cotton gin industry and expected growth provided in April 18, 2012, 

email communications from Lany Weaver, NMED and Ed Hughs, USDA. 11 Additional clarification regarding amendments procedures for Part 66 provided in March 5, 2012, letter 

from Richard Goodyear, NMED, to Jeffrey Robinson, EPA Region 6.
20

III.D. Review of Cross-References in 20.2.66 NMAC – Cotton Gins 

As part of our evaluation of the Cotton Gin regulation contained in 20.2.66 NMAC, we 

reviewed all cross-references listed in the fees rule language itself. Below is a table 

summarizing all the cross-references contained in the Cotton Gin regulation provisions 

and the associated EPA actions. 

Construction Permit Fees Cross-References EPA Action 

20.2.66.7 NMAC references definitions found in 20.2.2 

NMAC. 

Definitions contained in 20.2.2 NMAC were approved by 

EPA on September 26, 1997 (62 FR 50518) effective 

November 25, 1997. 

20.2.66.7(B) NMAC references the description of class I 

found in 20.2.74.108 NMAC. 

The class I description contained in 20.2.74.108 NMAC 

were approved by EPA on September 5, 2007 (72 FR 

50879) effective October 5, 2007. 

20.2.66.7(L) NMAC references the air quality regulations 

found in 20.2.72 NMAC.

20.2.72 NMAC was approved by EPA on September 26, 

1997 (62 FR 50518) effective November 25, 1997. 

20.2.66.200 NMAC references the construction permit 

program found in 20.2.72 NMAC.

20.2.72 NMAC was approved by EPA on September 26, 

1997 (62 FR 50518) effective November 25, 1997. 

20.2.66.201(A) NMAC references the following permit 

application content requirements found in 20.2.72.203 

NMAC: 

• Paragraphs (1) through (3), (5) through (15) of 

Subsection A, and

• Subsections B through E.

The permit application content requirements contained in 

Paragraphs (1) through (3), (5) through (15) of Subsection 

A, and Subsections B through E of 20.2.72.203 NMAC 

were approved by EPA on September 26, 1997 (62 FR 

50518) effective November 25, 1997.
21

IV. Conclusion

The technical analysis provided in the preceding sections has compared the applicable 

sections of the CAA and 40 CFR Part 51 to New Mexico’s April 25, 2005, submission of 

20.2.66 NMAC. 

The analysis found that the adoptions of the new Part 66 submitted on April 25, 2005, 

containing the Cotton Gin regulation is consistent with the CAA and 40 CFR Part 51. 

Because our review of 20.2.66 NMAC as revised in the April 25, 2005, SIP submittal 

finds that the Cotton Gin regulation is an established limited-scope regulation 

establishing an alternative permitting approach for cotton ginning facilities that are minor 

sources of emissions, we have determined that this action should be considered 

noncontroversial. It is recommended that direct final approval of these revisions be 

published.