TECHNICAL SUPPORT DOCUMENT 

Amendments to 20.2.74 NMAC 

Permits – Prevention of Significant Deterioration 

§§ 20.2.74.7 

Submitted by NMED on December 1, 2010 

 

 

March 30, 2011 

FOR FURTHER INFORMATION CONTACT: Ms. Adina Wiley, United States Environmental 

Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, Dallas, Texas 

75202-2733, (214) 665-2115.
 2

Subject : Review of Proposed Revisions to the New Mexico Prevention of Significant 

Deterioration Program submitted December 1, 2010

Contents:

I. Executive Summary 

II. Technical Review of State Submittal 

V. Conclusion
 3

I. Executive Summary

What actions are evaluated in this Technical Support Document?

This technical support document (TSD) reviews proposed revisions to the New Mexico State 

Implementation Plan (SIP) concerning the Prevention of Significant Deterioration (PSD) 

Program. This review will determine if the PSD program revisions are consistent with the 

requirements of the Clean Air Act and EPA’s policy and guidance. 

December 1, 2010

• On November 10, 2010, the New Mexico Environmental Improvement Board adopted 

revisions to the New Mexico PSD program to implement the GHG Tailoring Rule thresholds 

at 20.2.74.7 New Mexico Air Code (NMAC) by adding the definitions of “greenhouse gas” 

and “subject to regulation”, revising the definition of “regulated new source review 

pollutant”, and renumbering all other definitions as appropriate. Additional revisions to the 

New Mexico PSD program were adopted at 20.2.74.9 NMAC to update an address for the 

New Mexico Environment Department (NMED), at 20.2.74.200 and 20.2.74.300 NMAC to 

update cross-references to the newly adopted PSD definitions, and at 20.2.74.320 to revise 

the Plantwide Applicability Limits (PALs) provisions. Governor Bill Richardson submitted 

these revisions to the PSD program to EPA as a SIP revision in a letter dated December 1, 

2010. 

• On November 10, 2010, the New Mexico Environmental Improvement Board also adopted 

revisions to the New Mexico Title V program to implement the GHG Tailoring Rule 

thresholds at 20.2.70 NMAC. Governor Bill Richardson also submitted these revisions to the 

Title V program to EPA as a part 70 program revision in a letter dated December 1, 2010. 

EPA will take separate action on the revisions to the New Mexico Part 70 program at a later 

date and in a separate rulemaking; therefore this TSD will not review the 2010 revisions to 

the NM Title V program. 

What action has EPA taken on the New Mexico PSD Program? 

The New Mexico PSD program is fully SIP-approved through the June 11, 2009, SIP submission 

to EPA, effective on August 31, 2009. EPA approved these submitted revisions to the SPD 

program on November 26, 2010, at 75 FR 72688. 

 
 4

II. Technical Review of State Submittal

This technical review of the December 1, 2010, submitted revisions to the New Mexico 

PSD program at sections 20.2.74.7, 20.2.74.9, 20.2.74.200, 20.2.74.300, and 20.2.74.320 

NMAC consists of a comparison between the relevant CAA requirements and the 

corresponding sections in the SIP submittal. The SIP submittal is first reviewed for 

completeness as a SIP submittal under Part 51, Appendix V. Next, a section-by-section 

review of the submittal in comparison to 40 CFR Part 51 is presented to determine 

whether the submittal satisfies the requirements for preparation, adoption, and submittal 

of a SIP revision. Then the proposed SIP revisions to 20.2.74.7 are analyzed line-by-line 

to ensure the GHG Tailoring Rule requirements are implemented correctly. The 

proposed revisions to 20.2.74.9, 20.2.74.200, 20.2.74.300, and 20.2.74.320 NMAC are 

analyzed with respect to the current SIP-approved PSD program. Finally, a comparison 

of the proposed SIP revisions 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 PSD program revisions in the December 1, 2010, SIP submittal are in 

agreement with the CAA, other EPA policies or guidance. 

A. December 1, 2010 

1. Part 51, Appendix V Completeness Determination 

2. Review with respect to Part 51 

3. Review with respect to the GHG Tailoring Rule Requirements 

4. Review with respect to the current SIP-approved NM PSD Program 

5. Review with respect to Section 110(l) of CAA 
 5

A. Evaluation of the December 1, 2010 SIP Submittal 

1. Evaluation of the December 1, 2010 SIP Submittal with respect to Appendix 

V to Part 51 

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. 
 6

SIP Completeness Checklist for the December 1, 2010 SIP Submittal

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 

December 1, 2010. The SIP submittal was received by EPA Region 6 External 

Affairs on December 15, 2010. 

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 adoption/issuance date. 

The revisions were adopted by the New Mexico Environmental Improvement 

Board on November 10, 2010, effective on January 1, 2011. 

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 New Mexico Environmental Improvement Board is authorized to adopt the 

amendments to NMAC 20.2.74. Pursuant to the New Mexico Air Quality Control 

Act (AQCA), § 74-2-5(B)(1), the Environmental Improvement Board may adopt 

regulations to “prevent or abate air pollution...within the geographic area of 

[its] jurisdiction.” Pursuant to the AQAC, §74-2-5(C)(1)(a), the PSD regulations 

“shall be...at least as stringent as required by the federal act and federal 

regulations...pertaining to prevention of significant deterioration...” 

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 plan 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 

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

the document itself. 

 

The December 1, 2010, submittal included a copy of the official State regulation 

document, signed, stamped, and dated by Bill Richardson, Governor of New 

Mexico. 
 7

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

laws and/or its constitution in conducting and completing the adoption/issuance of 

the plan. 

The SIP submittal was developed pursuant to 40 CFR 51.104. 

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: 

• The Albuquerque Journal: September 8, 2010 

• The Albuquerque Journal: September 16, 2010 

A public hearing was held in Santa Fe, NM on November 8, 2010. 

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. 

A transcript of the November 8, 2010, hearing was included that provided 

evidence the hearing was conducted pursuant to the New Mexico Environmental 

Improvement Board’s rulemaking procedures. 

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

The SIP submittal package did include a compilation of comments. NMED 

received written testimony from three parties during the comment period, 

including EPA Region 6, and received oral testimony from one party during the 

public hearing. 

Technical Support (2.2) 

The State should include the following technical information in its SIP revision request 

package. 

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

• The revisions to the New Mexico PSD program apply to all pollutants 

regulated under the PSD program. Specifically, the revisions to 20.2.74.7 

NMAC adopt and implement the PSD provisions to regulate GHGs above 

certain thresholds in EPA’s Tailoring Rule. 
 8

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 SIP submittal amends the existing PSD program that applies statewide. 

3. Quantification 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 SIP submittal amends the existing PSD program. Quantification of changes 

in the SIP allowable emissions from the affected sources is not necessary for 

inclusion. Any new sources of GHG emissions subject to regulation under the 

PSD program will follow the SIP-approved PSD permitting process. 

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. 

The SIP submittal amends the existing PSD program to adopt and implement the 

GHG Tailoring Rule thresholds. There is no demonstration included that the 

NAAQS/PSD increments/RFP demonstration and visibility are protected because 

there are no current NAAQS or increment for GHGs and the GHG thresholds will 

not interfere with RFP or visibility. 

5. FOR REDESIGNATIONS: 

 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. 
 9

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.). 

This SIP submittal amends the existing PSD program to adopt and implement the 

GHG Tailoring Rule thresholds. Any requirements for emission limitations or 

emission reduction technology for GHGs will be implemented pursuant to the 

SIP-approved PSD permitting program. 

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

work practice standards, and recordkeeping/reporting requirements to ensure 

stated emission levels. 

This SIP submittal amends the existing PSD program and does not contain or 

revise emission limitations or workplace standards. 

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

in practice (including at what frequency). 

The SIP submittal amends the existing PSD program to adopt and implement the 

GHG Tailoring Rule thresholds. The compliance strategies previously reviewed 

and approved by EPA will continue to apply to the regulation of GHGs under the 

New Mexico PSD program. 

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. 

The December 1, 2010, SIP submittal meets the completeness criteria established in 

40 CFR part 51, Appendix V. 
 10

A. Evaluation of the December 1, 2010 SIP Submittal 

2. Evaluation of the December 1, 2010 PSD revisions with respect to 40 CFR 51 

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

found in 40 CFR Part 51. The December 1, 2010, proposed PSD revisions were 

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

Table II-A2 below. DERC revisions and EBTA program will be acted on separately by 

EPA at a later date. 

Table II-A2: Analysis of Part 51 Requirements 

Part 51 – Requirements for Preparation, 

Adoption, and Submittal of Implementation 

Plans 

PSD Program Revisions 

20.2.74.7, 20.2.74.9, 20.2.74.200, 20.2.74.300, and 

20.2.74.320 NMAC 

Subpart A – Emission Inventory Reporting 

Requirements 

The revisions to the New Mexico PSD program do 

not revise the existing emission inventory reporting 

requirements. 

Subparts B – E [Reserved] Not applicable. 

Subpart F – Procedural Requirements Subpart F – Procedural Requirements 

§ 51.100 Definitions § 51.100 is not applicable to the SIP submittal under 

review in this TSD. 

§ 51.101 Stipulations § 51.101 is not applicable to the SIP submittal 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 

• MED held a public hearing on November 8, 

2010, in Santa Fe, New Mexico. 

• The public hearing was held after reasonable 

notice was given. TCEQ published notice of 

the public hearing in the following newspapers 

on the dates listed below: 

• September 8, 2010 in The Albuquerque 

Journal; 

• September 10, 2010 in The Albuquerque 

Journal; 

• August 31, 2010 in The New Mexico 

Register; 

• September 30, 2010 in The New Mexico 

Register. 

• NMED submitted a certification that the public 

hearings were held in accordance with § 

51.102. 

§ 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 II.A of this TSD for the 

evaluation of this SIP revision with respect to the 

Part 51, Appendix V Checklist. 

The SIP submission meets the requirements for 

completeness. 

§ 51.104 Revisions Governor Richardson submitted the revisions to the 
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• 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 

PSD program on December 1, 2010. This SIP 

revision, as demonstrated previously in this table 

and section II.A of this document, has satisfied the 

public hearing requirements of § 51.102 and the 

requirements of § 51.103. 

Subpart G – Control Strategy Subpart G – Control Strategy 

§ 51.110 Attainment and Maintenance of National 

Standards 

Requirements found in § 51.110 are not applicable 

to the SIP submittal under review in this document. 

There are no primary or secondary national 

standards for GHGs. 

§ 51.111 Description of Control Measures Requirements found in § 51.111 are not applicable 

to the SIP submittal under review in this document. 

The revisions to the PSD permitting program will 

follow the SIP-approved requirements for 

enforcement and monitoring of the PSD program. 

§ 51.112 Demonstration of Adequacy Requirements found in § 51.112 are not applicable 

to the SIP submittal under review in this document. 

There are no primary or secondary national 

standards for GHGs. 

§ 51.113 Reserved Not applicable. 

§ 51.114 Emissions Data and Projections Requirements found in § 51.114 are not applicable 

to the SIP submittal under review in this document. 

Revisions to an existing, SIP-approved PSD 

program do not need to provide a detailed emission 

inventory and summary of projected emission levels 

after the implementation of control strategies. 

§ 51.115 Air Quality Data and Projections Requirements found in § 51.115 are not applicable 

to the SIP submittal under review in this document. 

Revisions to an existing, SIP-approved PSD 

program do not need to include data on existing air 

quality or summarize expected air quality impacts 

from the implementation of control strategies. 

§ 51.116 Data Availability 

The State must make available to the public all data 

and calculations used in the preparation of each plan 

or plan revision. 

Each plan must provide for public availability of 

emission data reported by source owners or 

operators. 

Requirements found in § 51.116 are applicable to 

the SIP submittal under review in this document. 

The NMED provided the public the opportunity to 

participate in stakeholder meetings in the 

rulemaking development process, and the public 

received comment periods on the proposed plan. 

§ 51.117 Additional provisions for lead Requirements found in § 51.117 are not applicable 

to the SIP submittal under review in this document. 

The revisions to the PSD program under review in 

this document do not revise the ability to permit 

lead under the existing PSD program. 

§ 51.118 Stack Height Provisions Requirements found in § 51.118 are not applicable 

to the SIP submittal under review in this document. 

The revisions to the PSD program for GHGs do not 

revise the NM SIP stack height provisions; nor are 

there good engineering stack height provisions for 

GHG permitting. 

§ 51.119 Intermittent Control Systems Requirements found in § 51.119 are not applicable 

to the SIP submittal under review in this document. 
 12

The revisions to the NM PSD program to adopt and 

implement the GHG Tailoring Rule do not need 

intermittent control systems. 

§ 51.120 Requirements for State Implementation 

Plan Revisions relating to Motor Vehicles 

Requirements found in § 51.120 are not applicable 

to the SIP submittal under review in this document. 

The revisions to the PSD program to adopt and 

implement the GHG Tailoring Rule are not related 

to the part 51 requirements for SIP revisions relating 

to motor vehicles. 

§ 51.121 Findings and requirements for submission 

of State Implementation Plan Revisions relating to 

emissions of oxides of nitrogen 

Requirements found in § 51.121 are not applicable 

to the SIP submittal under review in this document. 

§ 51.121 establishes the requirements for the NOX

SIP Call; New Mexico was not subject to the NOx 

SIP Call. 

§ 51.122 Emissions reporting requirements for SIP 

revisions relating to budgets for NOX emissions. 

Requirements found in § 51.122 are not applicable 

to the SIP submittal under review in this document. 

§ 51.122 establishes the emission reporting 

requirements for the NOX SIP Call; New Mexico 

was not subject to the NOx SIP Call. 

§ 51.123 Findings and requirements for submission 

of State Implementation Plan Revisions relating to 

Emissions of Oxides of Nitrogen pursuant to the 

Clean Air Interstate Rule 

Requirements found in § 51.123 are not applicable 

to the SIP submittal under review in this document. 

§ 51.123 establishes the requirements for the NOx 

Annual and Ozone season programs for the Clean 

Air Interstate Rule (CAIR). New Mexico was not 

subject to CAIR. 

§ 51.124 Findings and requirements for submission 

of State Implementation Plan Revisions relating to 

Emissions of Sulfur Dioxide pursuant to the Clean 

Air Interstate Rule 

Requirements found in § 51.124 are not applicable 

to the SIP submittal under review in this document. 

§ 51.124 establishes the program requirements for 

the CAIR SO2 Programs. New Mexico was not 

subject to CAIR. 

§ 51.125 Emissions reporting requirements for SIP 

revisions relating to budgets for SO2 and NOX

emissions. 

Requirements found in § 51.125 are not applicable 

to the SIP submittal under review in this document. 

§ 51.125 establishes the emission reporting 

requirements for the CAIR NOx and SO2 trading 

programs. New Mexico was not subject to CAIR. 

Subpart H – Prevention of Air Pollution Emergency 

Episodes 

Requirements found in 51, Subpart H are not 

applicable to the SIP submittal under review in this 

document. The revisions to the NM PSD program 

are not part of the air pollution emergency episode 

plan. 

Subpart I – Review of New Sources and 

Modifications 

Requirements found in §51.166 – Prevention of 

Significant Deterioration do apply to the revisions 

submitted in this SIP submittal. Further analysis of 

how the revisions address Subpart I requirements is 

provided in the following subsection of this 

document, II.A.3. 

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

applicable to the SIP submittal under review in this 

document. Ambient air quality surveillance is not 

part of the revisions to the PSD program to 

implement the GHG Tailoring Rule. 

Subpart K – Source Surveillance Subpart K – Source Surveillance 

§ 51.210 Each plan must provide for monitoring the 

status of compliance with rules and regulations that 

set forth any portion of the control strategy. 

The SIP submittal under review in this document 

revises the existing, SIP-approved PSD program to 

adopt and implement the GHG Tailoring Rule 
 13

§ 51.211 The plan must provide for legally 

enforceable procedures for requiring stationary 

sources to maintain records and report the following 

to the State: 

• Information on the nature and amount of 

emissions from the stationary source; and 

• Other information as necessary for the State to 

determine whether the sources are in 

compliance. 

thresholds. EPA has SIP-approved the NM PSD 

program as sufficient to demonstrate compliance 

under Subpart K. 

§ 51.212 The plan must provide for periodic testing 

and inspection of stationary sources. Additionally, 

the plan must establish a system for detecting 

violations and include enforceable test methods. 

§ 51.213 The plan must contain procedures for 

obtaining and maintaining data on actual emissions 

reductions achieved as a result of implementing 

transportation control measures. 

§ 51.213 is not applicable to the SIP submittal under 

review in this document. The revisions to the PSD 

program are not concerned with implementing 

transportation control measures. 

§ 51.214 The plan must contain legally enforceable 

procedures to require stationary sources subject to 

emission standards as part of the applicable plan to 

install, calibrate, maintain, and operate continuous 

emission monitoring systems. 

The SIP submittal under review in this document 

revises the existing, SIP-approved PSD program to 

adopt and implement the GHG Tailoring Rule 

thresholds. EPA has SIP-approved the NM PSD 

program as sufficient to demonstrate compliance 

under Subpart K and require stationary sources to 

use monitoring systems prescribed in their PSD 

permit. 

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. 

NMED specified in the SIP submittal that the 

package was developed under the legal authority at 

Chapter 74, Article 1, NMSA1978, including 

specifically 74-1-8(A) NMSA 1978, and Article 2, 

NMSA 1978, 74-2-1 et seq., specifically 74-2-5(B) 

NMSA 1978. 

§ 51.231 The provision of law or regulation which 

the State determines provides the authorities 

required must be specifically identified and copies 

must be submitted with the plan. 

NMED specified in the SIP submittal that the 

package was developed under the legal authority at 

Chapter 74, Article 1, NMSA1978, including 

specifically 74-1-8(A) NMSA 1978, and Article 2, 

NMSA 1978, 74-2-1 et seq., specifically 74-2-5(B) 

NMSA 1978. 

§ 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 NM PSD SIP revisions identified the NMED as 

the agency responsible for implementing the SIP. 

Subpart M – Intergovernmental Consultation 

Each plan must identify organizations by title that 

will participate in the development, implementation, 

and enforcement of the plan. 

The NM PSD SIP revision identified the NMED as 

the agency responsible for developing, 

implementing, and enforcing the SIP. 

Subpart N – Compliance Schedule The revisions to the PSD program included in this 

SIP submittal do not establish a compliance 

schedule for any NAAQS, and therefore do not need 

to address the requirements of 40 CFR part 51, 

subpart N. 

Subpart O – Miscellaneous Plan Content 

Requirements 

The SIP submittal package states that NMED finds 

the revisions economically reasonable. If the 
 14

NMED fails to adopt the revisions to the PSD 

program, then EPA would issue a federal 

implementation plan that would result in a dual 

permitting system. 

Subpart P – Protection of Visibility The revisions to the NM PSD program to adopt and 

implement the GHG Tailoring Rule thresholds are 

not part of New Mexico’s plan to protect visibility. 

Subpart Q – Reports The revisions to the NM PSD program to adopt and 

implement the GHG Tailoring Rule thresholds do 

not revise the existing reporting requirements for 

the emission inventory in the New Mexico SIP. 

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

applicable to the SIP submittal under review in this 

document. The revisions to the NM PSD program 

are not 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 under review in this 

document. The SIP submittal revises the NM PSD 

program to adopt and implement the GHG Tailoring 

Rule thresholds and is not related to an 

inspection/maintenance program. 

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. This SIP submittal revises the NM PSD 

program to adopt and implement the GHG Tailoring 

Rule thresholds and does not interfere with the 

transportation conformity budgets developed for 

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 revisions to the NM PSD 

program submitted in this SIP submittal. 

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 under review in this 

document. This SIP submittal revises the NM PSD 

program to adopt and implement the GHG Tailoring 

Rule thresholds 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 for the 

implementation of the 8-hour ozone NAAQS. The 

submitted revisions to the NM PSD program are to 

adopt and implement the GHG Tailoring Rule 

thresholds and are not concerned with the 8-hour 

ozone NAAQS. 
 15

A. Evaluation of the December 1, 2010 SIP Submittal 

3. Evaluation of the December 1, 2010 Revisions to the New Mexico PSD 

Program with respect to the federal PSD requirements and the existing SIP 

Table II-A3 provides a line-by-line comparison of the submitted revisions to the New 

Mexico PSD program with the federal GHG Tailoring Rule requirements at 40 CFR 

52.21. The existing SIP-approved NM PSD program is provided in the left column to 

demonstrate changes between the SIP-approved language and the revisions submitted on 

December 1, 2010. Note that only definitions with revisions have been provided below. 

Table II-A3: Analysis of GHG Tailoring Rule Requirements at 40 CFR 52.21 

New Mexico PSD SIP 

SIP-Approved by EPA 

on November 26, 2010 

(75 FR 72688). 

20.2.74.7 NMAC as 

submitted by NMED 

on June 11, 2009; 

effective August 31, 

2009. 

NMAC Revisions 

11/10/10 

Effective 1/1/11 

20.2.74.7 NMAC - 

Definitions 

40 CFR part 52.21 

GHG Tailoring Rule 

Requirements 

Analysis of Submitted 

Revisions to 20.2.74.7 

NMAC 

B. “Actual Emissions” 

means the actual rate of 

emissions of a regulated 

new source review 

pollutant from an 

emissions unit, as 

determined in 

accordance with 

Paragraphs (2) through 

(4) of this subsection. 

(1) This definition shall 

not apply for calculating 

whether a significant 

emissions increase has 

occurred, or for 

establishing a PAL 

under 20.2.74.320 

NMAC. Instead, 

Subsections G and AQ 

of this section shall 

apply for those 

purposes. 

**** 

B. “Actual Emissions” 

means the actual rate of 

emissions of a regulated 

new source review 

pollutant from an 

emissions unit, as 

determined in 

accordance with 

Paragraphs (2) through 

(4) of this subsection. 

(1) This definition hall 

not apply for calculating 

whether a significant 

emissions increase has 

occurred, or for 

establishing a PAL 

under 20.2.74.320 

NMAC. Instead, 

Subsections G and AQ

AR of this section shall 

apply for those 

purposes. 

  

No federal counterpart to 

review for the GHG 

Tailoring Rule. 

No issues with this 

revision. Internal 

references are consistent 

after the renumbering. 

This revision renumbers 

because of the addition 

of the definition for 

GHGs. 

** **   ** **   

K. “Best Available 

Control Technology 

(BACT)” means an 

emissions limitation 

(including a visible 

emission standard) 

K. “Best Available 

Control Technology 

(BACT)” means an 

emissions limitation 

(including a visible 

emission standard) 

No federal counterpart to 

review for the GHG 

Tailoring Rule. 

Not related to GHG 

Tailoring Rule. 

No concerns with this 

revision. Changes the 

reference to department 
 16

based on the maximum 

degree of reduction for 

each regulated pollutant 

which would be emitted 

from any proposed 

major stationary source 

or major modification, 

which the secretary 

determines is achievable 

on a case-by-case basis. 

This determination will 

take into account 

energy, environmental, 

and economic impacts 

and other costs. The 

determination must be 

achievable for such 

source or modification 

through application of 

production processes or 

available methods, 

systems, and techniques, 

including fuel cleaning, 

clean fuels, or treatment 

of innovative fuel 

combustion techniques 

for control of such 

pollutants. In no event 

shall application of 

BACT result in 

emissions of any 

pollutant which would 

exceed the emissions 

allowed by any 

applicable standard 

under 40 CFR Parts 60 

and 61. If the secretary 

determines that 

technological or 

economic limitations on 

the application of 

measurement 

methodology to a 

particular emission unit 

would make the 

imposition of an 

emissions standard 

infeasible, a design, 

equipment, work 

practice, operational 

standard, or combination 

thereof may be 

prescribed instead to 

satisfy the requirement 

for the application of 

BACT. Such standard 

based on the maximum 

degree of reduction for 

each regulated pollutant 

which would be emitted 

from any proposed 

major stationary source 

or major modification, 

which the secretary 

determines is achievable 

on a case-by-case basis. 

This determination will 

take into account 

energy, environmental, 

and economic impacts 

and other costs. The 

determination must be 

achievable for such 

source or modification 

through application of 

production processes or 

available methods, 

systems, and techniques, 

including fuel cleaning, 

clean fuels, or treatment 

of innovative fuel 

combustion techniques 

for control of such 

pollutants. In no event 

shall application of 

BACT result in 

emissions of any 

pollutant which would 

exceed the emissions 

allowed by any 

applicable standard 

under 40 CFR Parts 60 

and 61. If the secretary

department determines 

that technological or 

economic limitations on 

the application of 

measurement 

methodology to a 

particular emission unit 

would make the 

imposition of an 

emissions standard 

infeasible, a design, 

equipment, work 

practice, operational 

standard, or combination 

thereof may be 

prescribed instead to 

satisfy the requirement 

for the application of 

BACT. Such standard 

rather than secretary. 

The NMED has the 

responsibility for 

correctly identifying 

responsible parties in the 

regulations. 
 17

shall, to the degree 

possible, set forth the 

emissions reduction 

achievable by 

implementation of such 

design, equipment, work 

practice, or operation, 

and shall provide for 

compliance by means 

which achieve 

equivalent results. 

shall, to the degree 

possible, set forth the 

emissions reduction 

achievable by 

implementation of such 

design, equipment, work 

practice, or operation, 

and shall provide for 

compliance by means 

which achieve 

equivalent results. 

** **   ** **   

No definition for GHG 

in the existing SIP. 

Y. “Greenhouse Gas” 

for the purpose of this 

part is defined as the 

aggregate group of the 

following six gases: 

carbon dioxide, nitrous 

oxide, methane, 

hydrofluorocarbons, 

perfluorocarbons, and 

sulfur hexafluoride.

52.21(b)** * 

(49) Subject to regulation 

*** 

(i). Greenhouse gases 

(GHGs), the air 

pollutant defined in 

86.1818-12(a) of 

this chapter as the 

aggregate group of 

six GHGs: carbon 

dioxide, nitrous 

oxide, methane, 

hydrofluorocarbons, 

perfluorocarbons, 

and sulfur 

hexafluoride, shall 

not be subject to 

regulation except as 

provided in 

paragraphs 

(b)(49)(iv) through 

(v) of this section. 

The proposed NMAC 

revision at 20.2.74.7(Y) 

supports the federal 

definition of GHGs at 

40 CFR 52.21(b)(49)(i). 

No issues with this 

proposed revision. 

Y. “High Terrain” 

  

AP. “Project” 

** *** 

No substantive changes 

other than renumbering 

where definition Y 

becomes Z, carried 

through to definition AP 

which becomes 

definition AQ due to the 

addition of the GHG 

definition. 

No federal counterpart to 

review for the GHG 

Tailoring Rule. 

No substantive changes 

to existing SIP-approved 

PSD program other than 

renumbering to account 

for newly adopted 

definition of GHG. 

AQ. “Projected actual 

emissions”... 

AR. AQ. “Projected 

actual emissions”... 

(1) no change 

(2) no change 

(3) no change 

(4) in lieu of using the 

method set out in 

Paragraphs (1) through 

(3) of this subsection, 

may elect to use the 

emissions unit’s 

potential to emit, in tons 

No federal counterpart to 

review for the GHG 

Tailoring Rule. 

Not related to GHG 

Tailoring Rule. 

Changes made to 

maintain internal 

consistency with 

renumbering. 

No issues with this 

revision. 
 18

per year, as defined in 

Subsection AQ AR of 

this section. 

AR. “Regulated new 

source review 

pollutant”, for purposes 

of this part, means the 

following: 

(1) Any pollutant for 

which a NAAQS 

has been 

promulgated and 

any constituents or 

precursors for such 

pollutants identified 

by the 

administrator; 

(2) Any pollutant that 

is subject to any 

standard 

promulgated under 

section 111 of the 

act; 

(3) Any class I or II 

substance subject to 

a standard 

promulgated under 

or established by 

title VI of the act; 

or 

(4) Any pollutant that 

otherwise is subject 

to regulation under 

the act; except that 

an or all hazardous 

air pollutants either 

listed in section 112 

of the act or added 

to the list pursuant 

to section 112(b)(2) 

of the act, which 

have not been 

delisted pursuant to 

section 112(b)(3) of 

the act, are not 

regulated new 

source review 

pollutants unless the 

listed hazardous air 

pollutant is also 

regulated as a 

constituent or 

precursor of a 

general pollutant 

listed under section 

108 of the act. 

AS. AR. “Regulated 

new source review 

pollutant”, for purposes 

of this part, means the 

following: 

(1) Any pollutant for 

which a NAAQS 

has been 

promulgated and 

any constituents or 

precursors for such 

pollutants 

identified by the 

administrator; 

(2) Any pollutant that 

is subject to any 

standard 

promulgated under 

section 111 of the 

act; 

(3) Any class I or II 

substance subject to 

a standard 

promulgated under 

or established by 

title VI of the act; 

or 

(4) Any pollutant that 

otherwise is subject 

to regulation under 

the act; except that 

an or all hazardous 

air pollutants either 

listed in section 112 

of the act or added 

to the list pursuant 

to section 112(b)(2) 

of the act, which 

have not been 

delisted pursuant to 

section 112(b)(3) of 

the act, are not 

regulated new 

source review 

pollutants unless the 

listed hazardous air 

pollutant is also 

regulated as a 

constituent or 

precursor of a 

general pollutant 

listed under section 

108 of the act any 

52.21(b)*** 

(50)*** 

(iv) Any pollutant that 

otherwise is subject to 

regulation under the Act 

as defined in paragraph 

(b)(49) of this section. 

(v) Notwithstanding 

paragraphs (b)(50)(i) 

through (iv) of this 

section, the term 

regulated NSR pollutant

shall not include any or 

all hazardous air 

pollutants either listed in 

section 112 of the Act, or 

added to the list pursuant 

to section 112(b)(2) of the 

Act, and which have not 

been delisted pursuant to 

section 112(b)(3) of the 

Act, unless the listed 

hazardous air pollutant is 

also regulated as a 

constituent or precursor of 

a general pollutant listed 

under section 108 of the 

Act. 

The proposed NMAC 

revisions to 20.2.74.7 

(AS)(1) support the 

federal revisions to 40 

CFR 52.21(b)(50). 

No issues with this 

revised language. 
 19

pollutant that 

otherwise is subject 

to regulation under 

the Act as defined 

in Subsection AZ of 

this section.

(5) Notwithstanding 

paragraphs (1) 

through (4) of 

Subsection AS of 

this section, the 

term “regulated 

NSR pollutant” 

shall not include 

any or all hazardous 

air pollutants either 

listed in section 112 

of the act ,or added 

to the list pursuant 

to section 112(b)(2) 

of the act, and 

which have not 

been delisted 

pursuant to section 

112(b)(3) of the act, 

unless the listed 

hazardous air 

pollutant is also 

regulated as a 

constituent or 

precursor of a 

general pollutant 

listed under section 

108 of the act.

AS. “Replacement Unit” 

  

AV. “Significant” 

** *** 

No substantive changes 

other than renumbering 

Definition AS becomes 

AT, renumbering carried 

through definition AV 

which becomes AW. 

No federal counterpart to 

review for the GHG 

Tailoring Rule. 

No substantive changes 

to existing SIP-approved 

PSD program other than 

renumbering to account 

for newly adopted 

definition of GHG. 

No issues with these 

revisions. 

AW. “Significant 

emissions increase” 

means, for a regulated 

new source review 

pollutant, an increase in 

emissions that is 

significant (as defined in 

Subsection AV of this 

section) for that 

pollutant. 

AX. AW. “Significant 

emissions increase” 

means, for a regulated 

new source review 

pollutant, an increase in 

emissions that is 

significant (as defined in 

Subsection AV AW of 

this section) for that 

pollutant. 

No federal counterpart to 

review for the GHG 

Tailoring Rule. 

Not related to GHG 

Tailoring Rule. 

Changes made to 

maintain internal 

consistency with 

renumbering and to 

account for newly 

adopted definition of 

GHG. 

No issues with this 

revision. 
 20

AX. “Stationary 

source” 

AY. AX. “Stationary 

source” 

No substantive changes 

other than renumbering 

from AX to AY. 

No federal counterpart to 

review for the GHG 

Tailoring Rule. 

No substantive changes 

to existing SIP-approved 

PSD program other than 

renumbering to account 

for newly adopted 

definition of GHG. 

No issues with these 

revisions. 

No definition for subject 

to regulation in the 

existing SIP-approved 

PSD program. 

AZ. “Subject to 

regulation” means, for 

any air pollutant, that 

the pollutant is subject 

to either a provision in 

the act, or a nationallyapplicable regulation 

codified by the 

Administrator in 

subchapter C of 40 CFR 

Chapter I, that requires 

actual control of the 

quantity of emissions of 

that pollutant, and that 

such a control 

requirement has taken 

effect and is operative to 

control, limit or restrict 

the quantity of 

emissions of that 

pollutant released from 

the regulated activity. 

Except that: 

(1) “greenhouse gases 

(GHGs)”, shall not 

be subject to 

regulation except as 

provided in 

paragraphs AZ(4) 

and (5) of this 

section.

(2) For purposes of 

paragraphs (3) 

through (5) of 

Subsection AZ of 

this section, the term 

tons per year “CO2 

equivalent emissions 

(CO2e)” shall 

represent an amount 

of GHGs emitted, 

and shall be 

computed as 

follows:

(a) Multiplying the 

mass amount of 

52.21(b)*** 

(49) Subject to regulation

means, for any air 

pollutant, that the 

pollutant is subject to 

either a provision in the 

CAA, or a nationallyapplicable regulation 

codified by the 

Administrator in 

subchapter C of this 

chapter, that requires 

actual control of the 

quantity of emissions of 

that pollutant, and that 

such a control 

requirement has taken 

effect and is operative to 

control, limit or restrict 

the quantity of emissions 

of that pollutant released 

from the regulated 

activity. Except that: 

(ii). Greenhouse gases 

(GHGs), the air 

pollutant defined in 

86.1818-12(a) of 

this chapter as the 

aggregate group of 

six GHGs: carbon 

dioxide, nitrous 

oxide, methane, 

hydrofluorocarbons, 

perfluorocarbons, 

and sulfur 

hexafluoride, shall 

not be subject to 

regulation except as 

provided in 

paragraphs 

(b)(49)(iv) through 

(v) of this section. 

(iii). For purposes of 

paragraphs 

(b)(49)(iii) through 

(v) of this section, 

The proposed NMAC 

revisions to 20.2.74.7 

(AZ) support the federal 

revisions to 40 CFR 

52.21(b)(49) for Subject 

to regulation. 

No issues with this 

revised language. 

Specifically: 

The proposed NMAC 

revisions to 

20.2.74.7(AZ)(1) 

support the federal 

revisions to 40 CFR 

52.21(b)(49)(i). 

The proposed NMAC 

revisions to 20.2.74.7 

(AZ)(2) support the 

federal revisions to 40 

CFR 52.21(b)(49) (ii). 

The proposed NMAC 

revisions to 20.2.74.7 

(AZ)(2)(a) support the 

federal revisions to 40 

CFR 52.21(b)(49) 

(ii)(a). 

The proposed NMAC 

revisions to 20.2.74.7 

(AZ)(2)(b) support the 

federal revisions to 40 

CFR 52.21(b)(49) 

(ii)(b). 

The proposed NMAC 

revisions to 20.2.74.7 

(AZ)(3) support the 

federal revisions to 40 

CFR 52.21(b)(49) (iii). 

The proposed NMAC 
 21

emissions (tons 

per year), for 

each of the six 

greenhouse 

gases in the 

pollutant GHGs, 

by the gas’s 

associated 

global warming 

potential 

published at 

Table A-1 to 

subpart A of 40 

CFR part 98 –

Global 

Warming 

Potentials.

(b) Sum the 

resultant value 

from 

Subparagraph

(a) of Paragraph 

(2) of 

Subsection AZ 

of this section 

for each gas to 

compute a tons 

per year CO2e.

(3) The term “emissions 

increase” as used in 

paragraphs (4) and 

(5) of Subsection 

AZ of this section 

shall mean that both 

a significant 

emissions increase 

(as calculated using 

the procedures in 

Subsection D of 

20.2.74.200 NMAC) 

and a significant net 

emissions increase 

(as defined in 

Subsections AL, 

AW, and AX of 

20.2.74.7 NMAC) 

occur. For the 

pollutant GHGs, an 

emissions increase 

shall be based on 

tons per year CO2e, 

and shall be 

calculated assuming 

the pollutant GHGs 

is a regulated NSR 

pollutant, and 

the term tpy CO2 

equivalent emissions 

(CO2e) shall 

represent an amount 

of GHGs emitted, 

and shall be 

computed as 

follows: 

a. multiplying the 

mass amount of 

emissions (tpy), 

for each of the 

six GHGs in the 

pollutant GHGs, 

by the gas’s 

associated 

global warming 

potential 

published at 

Table A-1 to 

subpart A of 

part 98 of this 

chapter – 

Global 

Warming 

Potentials. 

b. Sum the 

resultant value 

from paragraph 

(b)(49)(ii)(a) of 

this section for 

each gas to 

compute a tpy 

CO2e. 

(iv). The term 

emissions increase 

as used in 

paragraphs 

(b)(49)(iv) 

through (v) of this 

section shall mean 

that both a 

significant 

emissions increase 

(as calculated 

using the 

procedures in 

paragraph 

(a)(2)(iv) of this 

section) and a 

significant net 

emissions increase 

(as defined in 

paragraphs (b)(3) 

and (b)(23) of this 

section) occur. 

revisions to 20.2.74.7 

(AZ)(4) support the 

federal revisions to 40 

CFR 52.21(b)(49) (iv). 

The proposed NMAC 

revisions to 20.2.74.7 

(AZ)(4)(a) support the 

federal revisions to 40 

CFR 52.21(b)(49) 

(iv)(a). 

The proposed NMAC 

revisions to 20.2.74.7 

(AZ)(4)(b) support the 

federal revisions to 40 

CFR 52.21(b)(49) 

(iv)(b). 

The proposed NMAC 

revisions to 20.2.74.7 

(AZ)(5) support the 

federal revisions to 40 

CFR 52.21(b)(49) (v). 

The proposed NMAC 

revisions to 20.2.74.7 

(AZ)(5)(a) support the 

federal revisions to 40 

CFR 52.21(b)(49) 

(v)(a). 

The proposed NMAC 

revisions to 20.2.74.7 

(AZ)(5)(b) support the 

federal revisions to 40 

CFR 52.21(b)(49) 

(v)(b). 

The proposed NMAC 

revisions to 

20.2.74.7(AZ)(6) have 

no federal counterpart. 

However, this provision 

is approvable because it 

limits NMED ability to 

enforce the definition of 

“subject to regulation” 

to the extent that EPA is 

limited if the PSD or 

Title V portions of the 

GHG Tailoring Rule are 

stayed or invalidated by 

a federal court. 
 22

“significant” is 

defined as 75,000 

tons per year CO2e 

instead of applying 

the value in table 2 

of 20.2.74 NMAC.

(4) Beginning January 

2, 2011, the 

pollutant GHGs is 

subject to regulation 

if:

(a) The stationary 

source is a new 

major stationary 

source for a 

regulated NSR 

pollutant that is 

not GHGs, and 

also will emit or 

will have the 

potential to emit 

75,000 tons per 

year CO2e or 

more; or

(b) The stationary 

source is an 

existing major 

stationary 

source for a 

regulated NSR 

pollutant that is 

not GHGs, and 

also will have 

an emissions 

increase of a 

regulated NSR 

pollutant that is 

not GHGs, and 

also will have 

an emissions 

increase of 

75,000 tons per 

year CO2e or 

more ; and,

(5) Beginning July 1, 

2011, in addition to 

the provisions in 

Paragraph (4) of this 

subsection, the 

pollutant GHGs 

shall also be subject 

to regulation:

(a) At a new 

stationary 

source that will 

emit or have the 

For the pollutant 

GHGs, an 

emissions increase 

shall be based on 

tpy CO2e, and 

shall be calculated 

assuming the 

pollutant GHGs is 

a regulated NSR 

pollutant, and 

“significant” is 

defined as 75,000 

tpy CO2e instead 

of applying the 

value in paragraph 

(b)(23)(ii) of this 

section. 

(v). Beginning January 

2, 2011, the 

pollutant GHGs is 

subject to 

regulation if: 

a. The stationary 

source is a 

new major 

stationary 

source for a 

regulated 

NSR pollutant 

that is not 

GHGs, and 

also will emit 

or will have 

the potential 

to emit 

75,000 tons 

per year 

CO2e or 

more; or 

b. The stationary 

source is an 

existing major 

stationary 

source for a 

regulated 

NSR pollutant 

that is not 

GHGs, and 

also will have 

an emissions 

increase of a 

regulated 

NSR pollutant 

that is not 

GHGs, and 

also will have 
 23

potential to emit 

100,000 tons 

per year CO2e; 

or

(b) At an existing 

stationary 

source that 

emits or has the 

potential to emit 

100,000 tons 

per year CO2e, 

when such 

stationary 

source 

undertakes a 

physical change 

or change in the 

method of 

operation that 

will result in an 

emissions 

increase of 

75,000 tons per 

year CO2e or 

more.

(6) If a federal court 

stays, invalidates, or 

otherwise renders 

unenforceable by the 

US EPA, in whole

or in part, the 

prevention of 

significant 

deterioration and 

Title V greenhouse 

gas tailoring rule (75 

FR 31514, June 3, 

2010), the definition 

“subject to 

regulation” shall be 

enforceable by the 

Department only to 

the extent that it is 

enforceable by US 

EPA.

an emissions 

increase of 

75,000 tons 

per year 

CO2e or more 

; and, 

(vi). Beginning July 1, 

2011, in addition 

to the provisions 

in paragraph 

(b)(49(iv) of this 

section, the 

pollutant GHGs 

shall also be 

subject to 

regulation 

a. At a new 

stationary 

source that 

will emit or 

have the 

potential to 

emit 100,000 

tons per year 

CO2e; or 

b. At an existing 

stationary 

source that 

emits or has 

the potential 

to emit 

100,000 tons 

per year 

CO2e, when 

such 

stationary 

source 

undertakes a 

physical 

change or 

change in the 

method of 

operation that 

will result in 

an emissions 

increase of 

75,000 tons 

per year 

CO2e or 

more. 

AY. “Temporary 

Source” 

  

BA. “Volatile Organic 

Compound” 

** *** 

No substantive changes 

other than renumbering 

Definition AY becomes 

BA, renumbering 

carried through 

No federal counterpart to 

review. 

No substantive changes 

other than renumbering. 

No issues with these 

proposed revisions. 
 24

definition BA which 

becomes BC. 

The above line-by-line comparison of the proposed revisions to NMAC 20.2.74.7 to the 

GHG Tailoring Rule requirements demonstrates that the proposed revisions are 

substantively identical (with the exception of renumbering to maintain internal 

consistency with the remainder of the NMAC definitions) to the GHG Tailoring Rule 

requirements at 40 CFR 52.21(b)(49) and (b)(50). 

Table II-A4: Analysis of Remaining Revisions to the NM PSD Program 

New Mexico PSD SIP 

SIP-Approved by EPA 

on November 26, 2010 

(75 FR 72688). 

20.2.74.9 NMAC as 

submitted by NMED 

on June 11, 2009; 

effective August 31, 

2009. 

Draft NMAC 

Revisions 8/27/10 

20.2.74.9 Documents 

40 CFR part 52.21 Analysis of Submitted 

Revisions to 20.2.74.9 

NMAC 

Documents 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 87503 [2048 

Galisteo St., Santa Fe, 

NM 87505]. 

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 1301 

Siler Rd., Bldg. B, Santa 

Fe, NM 87507]. 

No federal counterpart 

to review. 

Not related to GHG 

Tailoring Rule 

No issues with this 

proposed revision. 

NMED has the 

responsibility to 

maintain up-to-date 

addresses in their 

programs. 

New Mexico PSD SIP 

SIP-Approved by EPA 

on November 26, 2010 

(75 FR 72688). 

20.2.74.200 NMAC as 

submitted by NMED 

on June 11, 2009; 

effective August 31, 

2009. 

Draft NMAC 

Revisions 8/27/10 

20.2.74.200 

Applicability 

40 CFR part 52.21 Analysis of Submitted 

Revisions to 

20.2.74.200 NMAC 

D. Applicability 

procedures. 

(1) Except as otherwise 

provided in Subsections 

E and F of this section, 

and consistent with the 

definition of major 

modification contained 

in 20.2.74.7 NMAC, a 

D. Applicability 

procedures. 

(1) Except as otherwise 

provided in Subsections 

E and F of this section, 

and consistent with the 

definition of major 

modification contained 

in 20.2.74.7 NMAC, a 

No substantive change 

made. 

Not related to GHG 

Tailoring Rule. 

No substantive changes 

made to existing SIPapproved PSD program 

language. Changes 

made to maintain 

internal consistency 
 25

project is a major 

modification for a 

regulated new source 

review pollutant if it 

causes two types of 

emissions increases – a 

significant emissions 

increase (as defined in 

20.2.74.7 NMAC), and a 

significant net emissions 

increase (as defined in 

Subsections AK and AV 

of 20.2.74.7 NMAC). 

The project is not a 

major modification if it 

does not cause a 

significant emissions 

increase. If the project 

causes a significant 

emissions increase, then 

the project is a major 

modification only if it 

also results in a 

significant net emissions 

increase. 

project is a major 

modification for a 

regulated new source 

review pollutant if it 

causes two types of 

emissions increases – a 

significant emissions 

increase (as defined in 

20.2.74.7 NMAC), and a 

significant net emissions 

increase (as defined in 

Subsections AK AL and 

AV AW of 20.2.74.7 

NMAC). The project is 

not a major modification 

if it does not cause a 

significant emissions 

increase. If the project 

causes a significant 

emissions increase, then 

the project is a major 

modification only if it 

also results in a 

significant net emissions 

increase. 

with renumbering of 

20.2.74.7 NMAC. 

No issues with this 

proposed revision. 

New Mexico PSD SIP 

SIP-Approved by EPA 

on November 26, 2010 

(75 FR 72688). 

20.2.74.300 NMAC as 

submitted by NMED 

on June 11, 2009; 

effective August 31, 

2009. 

Draft NMAC 

Revisions 8/27/10 

20.2.74.300 Obligations 

of Owners or 

Operators of Sources 

40 CFR part 52.21 Analysis of Submitted 

Revisions to 

20.2.74.300 NMAC 

E. The following 

specific provisions 

apply to projects at 

existing emissions units 

at a major stationary 

source (other than 

projects at a source with 

a PAL) in circumstances 

where the owner or 

operator elects to use the 

method specified in 

Paragraphs (1) through 

(3) of Subsection AQ of 

20.2.74.7 NMAC for 

calculating projected 

actual emissions. 

(1) Before beginning 

actual construction of 

the project, the owner or 

operator shall document 

and maintain a record of 

E. The following 

specific provisions 

apply to projects at 

existing emissions units 

at a major stationary 

source (other than 

projects at a source with 

a PAL) in circumstances 

where the owner or 

operator elects to use the 

method specified in 

Paragraphs (1) through 

(3) of Subsection AQ

AR of 20.2.74.7 NMAC 

for calculating projected 

actual emissions. 

(1) Before beginning 

actual construction of 

the project, the owner or 

operator shall document 

and maintain a record of 

No substantive change 

made. 

Not related to GHG 

Tailoring Rule. 

No substantive changes 

made to existing SIPapproved PSD program 

language. Changes 

made to maintain 

internal consistency 

with renumbering of 

20.2.74.7 NMAC. 

No issues with this 

proposed revision. 
 26

the following 

information: 

(a) no change 

(b) no change 

(c) a description of the 

applicability test used to 

determine that the 

project is not a major 

modification for any 

regulated new source 

review pollutant, 

including baseline actual 

emissions, the projected 

actual emissions, the 

amount of emissions 

excluded under 

Paragraph (3) of 

Subsection AQ of 

20.2.74.7 NMAC and an 

explanation for why 

such amount was 

excluded, and any 

netting calculations if 

applicable. 

the following 

information: 

(a) no change 

(b) no change 

(c) a description of the 

applicability test used to 

determine that the 

project is not a major 

modification for any 

regulated new source 

review pollutant, 

including baseline actual 

emissions, the projected 

actual emissions, the 

amount of emissions 

excluded under 

Paragraph (3) of 

Subsection AQ AR of 

20.2.74.7 NMAC and an 

explanation for why 

such amount was 

excluded, and any 

netting calculations if 

applicable. 

New Mexico PSD SIP 

SIP-Approved by EPA 

on November 26, 2010 

(75 FR 72688). 

20.2.74.320 NMAC as 

submitted by NMED 

on June 11, 2009; 

effective August 31, 

2009. 

Draft NMAC 

Revisions 8/27/10 

20.2.74.320 Actuals 

Plantwide 

Applicability Limits 

(PALs) 

40 CFR part 52.21 Analysis of Submitted 

Revisions to 

20.2.74.320 NMAC 

(A)(3) Except as 

provided under 

Subparagraph (c) of 

Paragraph 1 of this 

subsection, a major 

stationary source shall 

continue to comply with 

all applicable federal or 

state requirements, 

emission limitations, 

and work practice 

requirements that were 

established prior to the 

effective date of the 

PAL. 

(A)(3) Except as 

provided under 

Subparagraph (c) of 

Paragraph 1 2 of this 

subsection, a major 

stationary source shall 

continue to comply with 

all applicable federal or 

state requirements, 

emission limitations, 

and work practice 

requirements that were 

established prior to the 

effective date of the 

PAL. 

No substantive change 

made. Correcting 

internal cross-reference. 

Not related to GHG 

Tailoring Rule. 

No substantive changes 

made to existing SIPapproved PSD program 

language. Changes 

made to correct internal 

cross-reference. 

No issues with this 

proposed revision. 

  ** **   ** ** 

(B)((3) Small emissions 

unit means an emission 

unit that emits or has the 

potential to emit the 

PAL pollutant in an 

amount less than the 

(B)((3) Small emissions 

unit means an emission 

unit that emits or has the 

potential to emit the 

PAL pollutant in an 

amount less than the 

No substantive change 

made. Correcting 

internal cross-reference. 

Not related to GHG 

Tailoring Rule. 

No substantive changes 

made to existing SIPapproved PSD program 
 27

significant level for that 

PAL pollutant, as 

defined in Subsection 

AV of 20.2.74.7 NMAC 

or in the act, whichever 

is lower. 

significant level for that 

PAL pollutant, as 

defined in Subsection 

AV AW of 20.2.74.7 

NMAC or in the act, 

whichever is lower. 

language. Changes 

made to maintain 

internal consistency 

with renumbering of 

20.2.74.7 NMAC. 

No issues with this 

proposed revision. 

  ** **   ** ** 

(B)(11) Significant 

emissions unit means an 

emissions unit that emits 

or has the potential to 

emit a PAL pollutant in 

an amount that is equal 

to or greater than the 

significant level (as 

defined in Subsection 

AV of 20.2.74.7 NMAC 

or in the act, whichever 

is lower) for that PAL 

pollutant, but less than 

the amount that would 

qualify the unit as a 

major emission unit as 

defined in Paragraph (4) 

of this subsection. 

(B)(11) Significant 

emissions unit means an 

emissions unit that emits 

or has the potential to 

emit a PAL pollutant in 

an amount that is equal 

to or greater than the 

significant level (as 

defined in Subsection 

AV AW of 20.2.74.7 

NMAC or in the act, 

whichever is lower) for 

that PAL pollutant, but 

less than the amount that 

would qualify the unit as 

a major emission unit as 

defined in Paragraph (4) 

of this subsection. 

No substantive change 

made. Correcting 

internal cross-reference. 

Not related to GHG 

Tailoring Rule. 

No substantive changes 

made to existing SIPapproved PSD program 

language. Changes 

made to maintain 

internal consistency 

with renumbering of 

20.2.74.7 NMAC. 

No issues with this 

proposed revision. 

  ** **   ** ** 

(F)(1) Except as 

provided in Paragraph 

(2) of this subsection, 

the actuals PAL level 

for a major stationary 

source shall be 

established as the sum 

of the baseline actual 

emissions (as defined in 

20.2.74.7 NMAC) of the 

PAL pollutant for each 

emissions unit at the 

source; plus an amount 

equal to the applicable 

significant level for the 

PAL pollutant under 

Subsection AV of 

20.2.74.7 NMAC or 

under the act, whichever 

is lower. 

(F)(1) Except as 

provided in Paragraph 

(2) of this subsection, 

the actuals PAL level 

for a major stationary 

source shall be 

established as the sum 

of the baseline actual 

emissions (as defined in 

20.2.74.7 NMAC) of the 

PAL pollutant for each 

emissions unit at the 

source; plus an amount 

equal to the applicable 

significant level for the 

PAL pollutant under 

Subsection AV AW of 

20.2.74.7 NMAC or 

under the act, whichever 

is lower. 

No substantive change 

made. Correcting 

internal cross-reference. 

Not related to GHG 

Tailoring Rule. 

No substantive changes 

made to existing SIPapproved PSD program 

language. Changes 

made to maintain 

internal consistency 

with renumbering of 

20.2.74.7 NMAC. 

No issues with this 

proposed revision. 

  ** **   ** ** 

N(2) Deviation report. 

The major stationary 

source owner or 

operator shall promptly 

submit reports of 

any deviations or 

N(2) Deviation report. 

The major stationary 

source owner or 

operator shall promptly 

submit reports of 

any deviations or 

No substantive change 

made. Correcting 

internal cross-reference. 

Not related to GHG 

Tailoring Rule. 

No substantive changes 

made to existing SIPapproved PSD program 
 28

exceedance of the PAL 

requirements, including 

periods where no 

monitoring is available. 

A report submitted 

pursuant to 40 CFR 

70.6(a)(3)(iii)(B) shall 

satisfy this reporting 

requirement. The 

deviation reports shall 

be submitted within the 

time limits prescribed by 

the applicable program 

implementing 40 CFR 

70.6(a)(3)(iii)(B). 

The reports shall contain 

the following 

information: 

No Change 

exceedance of the PAL 

requirements, including 

periods where no 

monitoring is available. 

A report submitted 

pursuant to 40 CFR 

70.6(a)(3)(iii)(B)

Paragraph (2) of 

Subsection E of 

20.2.70.302 NMAC 

shall satisfy this 

reporting requirement. 

The deviation reports 

shall 

be submitted within the 

time limits prescribed by 

the applicable program 

implementing 40 CFR 

70.6(a)(3)(iii)(B)

Paragraph (2) of 

Subsection E of 

20.2.70.302 NMAC. 

The reports shall contain 

the following 

information: 

No Change 

language. Changes 

made to correct internal 

cross-reference. 

No issues with this 

proposed revision. 

The above analysis demonstrates that NMED has revised the remainder of the PSD 

program to correctly cross-reference the proposed definition revisions at 20.2.74.7 

NMAC. 
 29

A. Evaluation of the December 1, 2010 SIP Submittal 

4. Evaluation of the December 1, 2010 SIP Submittal with respect to section 

110(l) of the CAA 

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. 

 

The revisions to the New Mexico PSD program to adopt and implement the GHG 

Tailoring Rule thresholds will not interfere with attainment or reasonable further progress 

or any other applicable requirement of the Act. New Mexico is adopting provisions 

substantively identical to the federal PSD requirements for the regulations of GHGs. 
 30

 

III. Conclusion

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

sections of the CAA and 40 CFR Parts 51 and 52 to NMED’s December 1, 2010, 

proposed revisions to the PSD SIP, enacted at 20.2.74.7, 20.2.74.9, 20.2.74.200, 

20.2.74.300, and 20.2.74.320 NMAC. 

This analysis found that the adoption of the revisions to sections 20.2.74.7, 20.2.74.9, 

20.2.74.200, 20.2.74.300, and 20.2.74.320 NMAC submitted on December 1, 2010, is 

consistent with the CAA and 40 CFR Parts 51 and 52; specifically, EPA finds that the 

proposed revisions satisfy the requirements of the GHG Tailoring Rule. Therefore, it is 

recommended that a proposed approval of the NM PSD SIP submitted on December 1, 

2010, be published.