### NEW MEXICO 

## F\ECEiVEU-**l~PD. ~** 

SUSANA MARTINEZ Governor JOHN A. SANCHEZ Lieutenant Governor



### March 4, 2015



## Mr. Ron Curry Regional Administrator -''lIn**,,~** l : I " 

## I

,... ENVIRONMENT 

### DEPARTMENt-Ate\ 

## u 

## 15**t·t~R** 

## -9 Harold Runnels Building

1190 Saint Francis Drive (87505)

PO Box 5469, Santa Fe, NM 87502-5469

Phone (505) 827-2990 Fax (505) 827-1628

www.nmenv.state.nm.us



### U.S. Environmental Protection Agency, Region 6 1445 Ross Ave, Suite 1200 Dallas, TX 75202-2733 RYAN FLYNN Cabinet Secretary BUTCH TONGATE Deputy Secretary



### Subject: Request for parallel processing ofproposedrevision to the New Mexico State Implementation Plan for Air Quality (SIP) through the incorporation ofan amended 20.11.61 NMAC, 

### Prevention ofSignificantDeterioration

Dear Mr. Curry:

I am writing on behalfofGovernor Susana Martinez to request that EPA conductparallel processing and approval ofthe attached documentation which is the basis for a proposed revision

to the New Mexico SIP. Specifically, I am submitting documentation for the amended regulation, 20.11.61 NMAC, 

### Prevention of SignificantDeterioration (PSD), including a copy ofthe Public Review Draft ofthe regulation. The proposed rule will apply exclusively to Bernalillo County, New Mexico.

The amended regulation would respond to EPA's request for a revision to theNew Mexico SIP. On February 12, 2015, EPA informed the Air Quality Program, City ofAlbuquerque, Environmental Health Department (Air Quality Program), that EPA is unable to approve two particular portions ofa proposed SIP revision submitted to EPA on July 26, 2013. These portions

are found inthe currently effective (locally) version of20.11.61 NMAC, inparticular 20.11.61.7(CCC) NMAC and 20.11.61.11(B) NMAC. EPA stated that these provisions are not consistent with current federal PSDregulations and policy. On February 17, 2015, EPA informed the Air Quality Program that EPA is unable to approve an additional portion ofthe proposed 2013 SIP revision, affecting 20.11.61.11(C) NMAC. This provision also is not consistent with

current federal PSD regulations and policy.

Inparticular, EPA states that the currently effective versions of20.11.61.1l(B) and 20.11.61 11(C) NMAC are inconsistent withfederal regulations found in40 CFR 51.166, regarding applicability ofPSD regulations to a permitted source. EPA notes that the versions of 20.11.61.11(B) and (C) in effect prior to the Air Board's amendment onApril 10, 2013 were consistent with the federal regulation. Therefore, EPAhas requested that these two NMAC

### sections berevised accordingly, reverting to theprior versions. The Air Quality Program's proposed draft ofa revised 20.11.61 will carry out this amendment as requested byEPA.

EPA has noted as well that the currently effective version of20.11.61.7(CCC) NMAC includes language deferring the date at which certainpollutant sources are subjectto PSD regulation of greenhouse gasses. This deferral is applied to sources that emit carbon dioxide resulting from the combustion ordecomposition ofcertain organic material, which EPA refers to as "biogas." EPA

notes that a federal courthas vacated the biogas deferral regulationpromulgatedbyEPA onJuly 20, 2011 (referenced inthe list ofFederal Register publications). The court decision was 

### Center for Biological Diversity v. 

### Environmental ProtectionAgency, 722 F.3d 40I (D.C. Cir. 20I3). Because ofthis vacation ofthe rule, 20.11.61.7(CCC) NMAC is no longer consistent with federal regulations. Therefore, EPA has requested thatthis regulation be amended to remove language relating to a biogas deferral. The Air Quality Program'sproposed draft ofa revised 20.11.61 NMAC will carry outthis amendment as requested by EPA.

The amendments EPA has requested must be made in order for EPAto approve two other pending SIP revisions. One is an infrastructure SIP for the 20I0 National Ambient Air Quality Standards (NAAQS) for nitrogen dioxide (N02), 

### approved bythe Air Board onJune 12, 2013 and submitted to EPA onJuly 26,2013. This submissionis now under review by EPA. The secondpending SIP revision is an infrastructure SIP for the 2010 NAAQS for sulfur dioxide. The Air Quality Program has petitioned the Albuquerque Bernalillo County Air Quality Control Board (Air Board) for adoption ofthis proposed SIP submittal and, upon Board approval, anticipates submitting itto EPA for review inJuly of2015.

Theproposed schedule for adoption ofthe amended 20.11.61 NMAC is as follows. The City of Albuquerque, Environmental Health Department, Air Quality Program, has petitioned the Air Board for a public hearing onthe proposed amendment to 20.1I.61 NMAC. This petition was accompaniedby a Public Review draft ofthe proposed amended regulation. The Air Board will considerthe petition at a meeting scheduled for March 11, 2015 and decide whether ornot to hold a hearing. The subsequent hearing onthe amendment is currently expected to take place in late April, 2015 and no laterthan April 30. Following the hearing the Air Board onthe same day

as the hearing is expected to decide whether to adopt the amended regulation for submission to EPA and incorporation into the New Mexico SIP. Following adoption bythe Air Board, submittal ofthe amended regulation to EPA is expected byMay 31,2015, withrequired SIP documentation, in accordance with all applicable requirements of40 CFR 51.

Under state and local law, the Air Board and the Air Quality Program have the necessary legal authority to adopt and implementthe amended 20.11.61 NMAC. Legislative authority for Albuquerque-Bernalillo County's air quality program is codified inthe NewMexico Air Quality Control Act (Air Act), Chapter 74, 

### Environmental Improvement, Article 2,

### AirPollution, ofthe NewMexico Statutes Annotated 1978 (NMSA 1978). Section 4 ofthis statute authorizes the creation ofa "local authority" by a New Mexico county ormunicipality meeting certain criteria ifthe county ormunicipality adopts an ordinance providing for the local administration and enforcement ofthe AirAct. Albuquerque and Bernalillo County meetthese statutory criteria in the AirAct. The City ofAlbuquerque and Bernalillo County each adopted parallel ordinances by which they accepted the authority delegated by the Air Act, established the Air Board and

### specified that the Air Board shall adopt regulations consistent with the Air Act and shall adopt a plan for the regulation, control, prevention or abatement ofair pollution throughout Bernalillo County. These parallel ordinances provide that the Albuquerque Environmental Health Department is the administrative agency ofthe Air Board. The Air Quality Program is part ofthe Environmental Health Department. The Albuquerque and Bernalillo County ordinances are codified at Revised Ordinances ofthe City ofAlbuquerque (ROA) 

### §§ 9-5-1 to -99 and Bernalillo County Ordinance 94-5 

### §§ 1 to -20 [codified at Art. II, Ch. 30, 

### §§ 30-31 to 47.]

I certify that all documents submitted to the Regional Office in electronic form are exact duplicates ofthe hard copy documents.

Your favorable consideration ofthe foregoing request for parallel processing is appreciated. If

youhave any questions, please contact Mary Lou Leonard, Director ofthe Albuquerque Environmental Health Department (EHD), at (505) 768-2631.

tary New Mexico Environment Department

cc: Honorable SusanaMartinez, Governor, State ofNew Mexico Richard Goodyear, Chief, Air Quality Bureau, NMED Michael Vonderheide, Director, Environmental Protection Division, NMED Kelsey Curran, Chair, Albuquerque- Bernalillo County Air Quality Control Board Danny Nevarez, Deputy Director, Albuquerque EHD Margaret Nieto, Control Strategies Manager, Air Quality Program, EHDI 

### 2 3 4 5 6 7 

### 8 9 10 

### It 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 

### 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 TITLE 20 CHAPTER 11 PART61 ENVIRONMENTAL PROTECTION

. ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD PREVENTION OF SIGNIFICANT**DETERIOJJJt"'OQ~** 

### p. I 

## 2: 4I

20.11.61.1 ISSUING AGENCY: Albuquerque- Bernalillo County Air Quality Control Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768-2601. [20.11.61.1 NMAC

- Rp. 20.11.61.1 NMAC, I/23/06; A, 8130/I0]

20.11.61.2 SCOPE: Any person constructing any new major stationary source or major modification, as defined in 20.11.61 NMAC, that emits or will emit regulated new source review (NSR) pollutants in an attainment

orunclassifiable area shall obtain a permit from the department in accordance with the requirements of20.11.41 NMAC.Authority-to-Construct, and 20.11.61 NMAC priorto the construction or modification. A. Exempt: (I) sources within Bernalillo county which are located on Indian lands over which the AlbuquerqueBernalillo county air quality control board lacksjurisdiction; (2) each regulated NSR pollutant emitted by a source or modification located in a nonattainment area for that pollutant; (3) after a public hearing, consistent with the public notice and participation provisions of20.11.41 NMAC,Authority-to-Construct,the board may exempt major stationary sources or major modifications if: (a) the major stationary source would be a nonprofit health or nonprofit educational institution,

or a major modification that would occur at such an institution; or (b) the source or modification is a portable stationary source which has previously received a permit pursuant to 20.11.61 NMAC if: (i) the owner oroperator proposes to relocate the source, and emissions from the source at the new location would 

### be temporary; and (ii) the emissions from the source would not exceed its allowable emission rate; and (iii) the emissions from the source would not impact any federal class I area nor any area where an applicable increment is known to be violated; and · (iv) reasonable notice is given to the department priorto the relocation identifying the proposed new location and the probable duration ofoperation at the new location; such notice shall 

### be given to the department not less than 10 days in advance ofthe proposed relocation unless a different time duration is previously approved by the department; (4) sources ormodifications that would be major only ifquantifiable fugitive emissions are considered in calculatingthe potential to emit, and the source does not belongto: (a) any category in Table I of20.11.61.26 NMAC; or (b) any other stationary source category which as ofAugust 7, 1980, is being regulated under Section 

### ttl or 112 ofthe act. B. Variances: The director may grant a variance to any person constructing a major stationary

source or major modification from the federal class I maximum allowable increases consistent with the requirements listed in 40 CFR 52.21(p}(5). [20.1 1.61.2 NMAC

- Rp. 20.11.61.2 NMAC, 1 /23'06; A, 8'30110; A, 5/ 13; 13]

20.11.61.3 STATUTORY AUTHORITY: 20.11.61 NMAC is adopted pursuant to the authority provided in the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4 and 74-2-5; the Joint Air Quality Control Board Ordinance; Bernalillo county Ordinance No. 94-5, Sections 4 and 5: and the Joint Air Quality Control Board Ordinance, Revised Ordinances ofAlbuquerque 1994 Sections 9-5-1-3 and 9-5-1-4. (20.11.61.3 NMAC- Rp. 20.11.61.3 NMAC, 1/23/06]

20.11.61.4 DURATION: Permanent. (20.11.61.4 NMAC- Rp. 20.11.61.4 NMAC, I/23/06]

20.11.61.5 EFFECTIVE DATE: January 23, 2006, unless a later date is cited at the end ofa section. (20.1 1.61.5 NMAC- Rp, 20.1 1.61.5 NMAC, 1/23/06; A, 5i1J!13]

20.11.61 NMAC Public Review Draft 220'2015

### I 20.11.61.6 

### OBJECTIVE: To minimize airpollutant emissions from new major stationBIY sources ormajor 2 modifications in areas classified as in attainment ofthe national ambient air quality standards (NAAQS) or 3 determined tobe unclassifiable pursuant to Section 107(d) ofthe act. 4 [20.11.61.6 NMAC- Rp, 20.11.61.6 NMAC, 1/23/06; A, 1/10111; A, 5/13/13] 

# s 6 

### 10.11.61.7 DEFINITIONS: In addition to the definitions in 20.11.61 NMAC, the definitions in 20.11.1 7 NMAC, 

### General Provisions, shall apply unless there is a conflict between definitions, in which case the definition in 8 20.11.61 NMAC shall govern. 

### 9 A. 

### "Act" means the federal Clean Air Act, as amended, 42 U. S. C. Sections 740I et seq. I0 B. "Actualemissions" means the actual rate ofemissions ofa regulatedNSRpollutant from an II emissions unit, as determined in accordance with Paragraphs 

### (2) through (4) ofSubsection Bof20.11.61.7 NMAC. 12 (1) This definition shall not apply for calculating whether a significant emissions increase has 13 occurred, or for establishing a PAL under 20.11.61.20 NMAC. Instead, Subsections I and VV of20.11.61.7NMAC 14 shall apply for those purposes. I5 

### (2) In general, actual emissions as ofaparticular date shall equal the average rate, in tons peryear, at 16 which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular 17 date and which is representative ofnormal source operation. The department shall allow the use ofa different time 18 period upon a determination that it is more representative ofnormal source operation. Actual emissions shall be 19 calculated using the unit's actual operating hours, production rates, and types ofmaterials processed, stored, or 20 combusted during the selected time period. 21 (3) The department may presume that source-specific allowable emissions for the unit are equivalent 22 to the actual emissions ofthe unit. 23 (4) For any emissions unit thathas notbegun normal operations on the particulardate, actual 24 emissions shall equal the potential to emit ofthe unit on that date. 25 C. "Administrator" means the administrator ofthe U.S. environmental protection agency (EPA) or 26 an authorized representative. 27 D. "Adverse impact on visibility" means visibility impairment which interferes with the 28 management, protection, preservation, or enjoyment ofthe visitor's visual experience ofthe federal class I area. 29 This determination must be made on a case-by-case basis taking into accountthe geographic extent, intensity, 30 duration, frequency, and time ofthe visibility impairments and how these factors correlate with the following: 31 (1) 

### times ofvisitoruse ofthe federal class I area; and 32 (2) the frequency and timing ofnatural conditions thatreduce visibility. This term does not include 33 effects on integral vistas as defined in 40 CFR 

### S1.301 

### Definitions. 34 E. 

### "Airquality related values (AQRV)" means visibility and other scenic, cultural, physical, 35 biological, ecological, orrecreational resources which may be affected by a change in air quality resulting from the 36 emissions ofa proposed major stationBIY source ormajor modification that interferes with the management, 37 protection, preservation, or enjoyment ofthe AQRV ofafederal class I area. 38 

### F. "Allowable emissions" means the emissions rate ofa stationiiiY source calculated using the 39 maximum rated capacity ofthe source (unless the source is subjectto federally enforceable limits which restrict the 40 operating rate, orhours ofoperation, orboth) and the most stringent ofthe following: 41 (I) 

### the applicable standards as set forth in 40 CFR Parts 60 and 61; 42 (2) the applicable state implementation plan emissions limitation, including those with a future 43 compliance date; or 44 (3) the emissions rate specified as a federally enforceable permitcondition, including those with a 45 future compliance date. 46 G. "Assoeiated 

### emission sources" means secondBIY emissions and all reasonably foreseeable 47 emissions ofregulated pollutants from the growth ofgeneral residential, commercial, industrial, governmental 48 emission sources and other mobile and non-mobile emission sources which are associated with or supportthe 49 proposed new major stationiiiY source or major modification. Other mobile and non-mobile emission sources shall 50 

### include, but not be limited to, new highways and roads or improvements to existing highways and roads to increase S

### I capacity, new parking facilities or improvements to existing parking facilities to increase capacity, service 52 enhancements to ground and air public transportation to include the building ofnew public transportation facilities 53 or improvements to existing public transportation facilities to increase capacity; and the building ofnew public or 54 private educational facilities or improving existing public orprivate educational facilities to increase enrollment.

20.11.61 NMAC Public Review Draft 2120120J5 2

### 1 H. "Attaiomeatarea" means, for any airpollutant, an area which is shown by monitored data or 

### 2 which is calculated by

### air quality modeling not to exceed any NAAQS for such pollutant, and is so designated under 3 Section 107(dXIXD) or (E) 

### ofthe act 4 

### I. "Baseline 

### actual emlssloas"' means the rate ofemissions, in tons peryear, ofaregulated NSR S 

### pollutant, as determined in accordance with Paragraphs (1)-(4) ofSubsection Iof20.11.61.7 NMAC. 6 (1) 

### Forany

### existing electric utility steam generating unit, baseline actual emissions means the 7 average rate, in tons peryear, at which 

### the unit actually emitted the pollutant dwing any consecutive 24-month 8 period selected bythe owner or operator within the five yearperiod immediately preceding when the owner or 9 

### operator begins 

### actual construction ofthe project. The department shall allow the use ofa differenttime period 10 upon a determination that it is more representative ofnormal source operation. II (a) The average rate shall include fugitive emissions to the extentquantiftable, and emissions 12 associated with startups, shutdowns, and malfunctions. 13 (b) 

### The average rate 

### shall be adjusted downward to exclude any non-compliant emissions that 14 occurred 

### while the source 

### was operating above an emission limitation that was legally enforceable during the 

### IS consecutive 24-month period. 16 (c) For aregulated NSR pollutant, when a project involves multiple emissions units, only one 17 consecutive 24-month period must be 

### usedto determine the baseline actual emissions forthe emissions units being 18 changed. Adifferent consecutive 24-month period can be 

### used for each regulated NSRpollutant. 19 {d) The average rate shall not be based 

### on any consecutive 24-month period for which there is 20 inadequate information for determining annual emissions, in tons peryear, and for adjusting this amount ifrequired 21 by 

### Subparagraph (b)

### ofParagraph (1) 

### ofSubsection I of20.11.61.7 NMAC. 22 (2) For an existingemissions unit (otherthan an electric utility steam generating unit), baseline actual 23 emissions means the average rate, in tons peryear, at which the emissions unit actually emitted the pollutant during 24 any consecutive 24-month period selected by

### the owner oroperatorwithin the 1 0yearperiod immediately preceding 

### 25 either the date the owner or operatorbegins actual construction ofthe project, orthe date a complete permit 26 application is received by the department for apermitrequired eitherunder20.11.61 NMAC orunder aplan 27 approved bythe administrator, whichever is earlier, except that the 10 yearperiod shall not include any period 28 earlierthan November IS, 1990. 29 (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions 30 associated with startups, shutdowns, and 

### malfunctions. 31 (b) 

### The average rate shall be adjusted downward to exclude any non-compliant emissions that 32 occurred while the source 

### was operating above an emission limitation that was legally enforceable during the 33 consecutive 24-month period. 34 (c) The average rate shall be 

### adjusted downward to exclude any emissions that would have 35 exceeded an emission limitation with which the major stationary source must currently comply, had such major 36 stationary source been required to comply with such limitations during the consecutive 24-month period. However, 37 ifan emission limitation is part ofa maximum achievable control technology standard that the administrator 38 proposed orpromulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted ifthe state has 39 taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the 40 requirements of40 CFR S

### 1.16S(a)(3XiiXO). 41 (d) For aregulated NSR pollutant, when a project involves multiple emissions units, only one 42 consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being 43 changed. A different consecutive 24-month period can be 

### used for each regulated NSRpollutant. 44 (e) The average rate shall notbe based on any consecutive 24-month period for which there is 

### 45 inadequate information for determining annual emissions, in tons peryear, and for adjusting this amount ifrequired 46 by 

### Subparagraphs (b) and 

### (c) ofParagraph (2) ofSubsection Iof20.11.61.7 NMAC. 47 (3) Fora new emissions unit, the baseline actual emissions for purposes ofdeterminingthe emissions 48 increase that will result from the initial construction and operation ofsuch unit shall equal zero; and thereafter, for 49 all otherpurposes, shall equal the 

### unit's potential to emit. SO 

### (4) For aPAL for a stationary source, the baseline actual emissions shall be calculated for existing Sl electric utility steam generating units in accordance with the procedures contained in Paragraph (1) ofSubsection I S2 of20.11.61.7 NMAC, for other existing emissions units in accordance with the procedures contained in Paragraph 

### 53 (2) ofSubsection Iof20.11.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained S4 in Paragraph (3) ofSubsection Iof20.11.61.7 NMAC. 

### 55 J. 

### "Baseline area"

20.11.61 NMAC Public Review Draft 2120/20 15 3

### 1 (1) 

### Means any intrastate area (and every part

### thereof) designated as attainment orunclassifiable under 2 Section 107(d)(1)(A)(ii) or(iii) ofthe act in which the major source ormajor modification establishing the minor 

### 3 source baseline date would construct orwould have an airquality impact for 

### the pollutant for which 

### the baseline 4 

### date is es1ablished, as follows: equal to orgreaterthan one microgram percubic meter (I 

## J.li/m 3) 

### (annual average) S 

### for SQz, NO:z or PMu,; or 

### equal to or greaterthan

### 0.3 p.glm3 

### (annual average) for PM2

.5• 

### 6 (2) Am.

### redesignations under Section 

### 1 07(d)(

### I)(A)(ii) or (iii) of

### the act cannot intersect orbe smaller 7 than the 

### area ofimpact

### ofany major stationary source ormajormodification which: 8 (a) establishes a minor source baseline date; or 9 (b) 

### is subjectto40CFR 52.21 orunderregulations approved pursuantto 40 CFR 51.166, and 10 would be constructed 

### in the same state as 

### the state proposingthe

### redesignation. 11 (3) Any baseline 

### area established originally for total suspended particulates (TSP) increments shall 12 remain in 

### effect and shall apply for

### purposes ofdetermining the amount ofavailable PM 10

### increments, except that 13 such baseline area shall notremain in effect ifthe department rescinds the correspondingminor source baseline date 14 in accordance with Paragraph (3) ofSubsection MM of20.11.61.7 NMAC. 

### IS K. 

### "BiseliDeconcentration" means that ambient concentration level that exists in the baseline area 16 at the time ofthe applicable minor source baseline date. 17 (1) 

### Abaseline concentration isdetermined for each pollutant for which a minor source baseline date 18 

### is es1ablished and shall include: 19 (a) the 

### actual emissions representative ofsources in existence on the applicable minor 

### source 20 baseline date, except 

### as provided in Paragraph (2) ofSubsection 

### Kof20.11.61.7 NMAC; 21 (b) 

### the allowable emissions ofmajor stationary sources that commenced construction before 22 

### the major 

### source baseline date, 

### but were not in operation by

### the applicable minor source baseline date. 23 (2) 

### The following will not be included inthe baseline concentration and will affect the applicable 24 maximum allowable increase(s): 25 (a) actual emissions from any major stationary source on which construction commenced after 26 

### the major source baseline date; and 27 (b) 

### actual emissions increases and decreases at any stationary source occurring afterthe minor 28 

### source baseline date. 

### 29 L. 

## "Beain actualconstruction" means, in general, the initiation ofphysical onsite construction 30 activities on an emissions unit which are ofapermanentnature. Such activities include, but are not limited to, 31 installation ofbuilding supports and foundations, laying ofunderground pipework and construction ofpermanent 32 storage 

### structures. With respect

### to a change in method ofoperation, this term refers to those on-site activities, other 33 than preparatory activities which markthe initiation ofthe change. 34 M. 

### "Best available control technology (BACT)"

### means an emissions limitation (including a visible 35 emission standard) based on the maximum degree ofreduction for each regulated NSR pollutant which wouldbe 36 emitted from any proposed majorstationary source ormajor modification, which the directoron a case-by-case 37 

### basis. taking into account energy, environmental, and economic impacts and othercosts, determines is achievable 3& for such source ormodification through application ofproduction processes oravailable methods, systems, and 

### 39 techniques, including fuel cleaning ortreatment or innovative fuel combustion techniques for control ofsuch 40 pollutant In no event shall application ofbest available control technology result in emissions ofany pollutant 41 which would exceed the emissions allowed by any applicable standard under40CFR Parts 60 and 61. 1fthe 42 director determines that technological oreconomic limitations on the application ofmeasurementmethodology to a 43 particularemissions unit would make the imposition ofan emissions standard infeasible, a design, equipment, work 44 

### practice, operational standard, orcombination thereof, may be prescribed instead to satisfY the requirement for the 45 application ofbest available control technology. Such standard shall, to the degree possible, set forth the emissions 46 

### reduction achievable by implementation ofsuch design, equipment, workpractice, oroperation, and shall provide 47 for compliance by means which achieve equivalentresults. 4& N. 

### "Bulldina, structure, facility 

### or installation" means all ofthe pollutant emitting activities which 49 belong to the same industrial grouping, 

### are located on one ormore contiguous oradjacentproperties, and are under SO 

### the control ofthe same person (orpersons under common control) exceptthe activities ofany vessel. Pollutant51 emitting activities shall be considered 

### as part ofthe same industrial grouping ifthey belong to the same "major 52 group" (i.e., which have the same first two-digit code) 

### as descn'bed in the standard industrial classification (SIC) 53 manual, 1972, as amended by the 1977 supplement (U. 

### S. governmentprinting office stocknumbers 41 01..()()66 and 54 

### 003-005-00176-0, respectively) or any superseding SIC manual. SS 

### 0. "Class 

### I area"means any federal land that is classified orreclassified 

### as "class 

### I" as 

### listed in 56 20.11.61.25 NMAC.

20.11.61 NMAC Public Review Draft 2120/20 15 41 P. "Commence" as applied to construction ofa major stationary source ormajormodification, 2 means that the owneroroperatorhas all necessary preconstruction approvals orpermits and eitherhas: 3 (I) begun, orcaused to begin, a continuous program ofactual on-site construction ofthe source, to be 4 completed within a reasonable time; or S (2) entered into binding agreements orcontractual obligations, which cannot be cancelled ormodified 

### 6 without substantial loss to the owneroroperator, to undertake a program ofactual construction ofthe sourceto be 7 completed within a reasonable time. 8 Q. "Complete" means, in reference to an application for a permit, that the department has determined 9 the application contains all ofthe information necessary for processingthe application. Designating an application I0 complete forpurposes ofpermit processing does not preclude the department from requesting oraccepting any 11 additional information. 12 R. "Construction" means any physical change orchange in the method ofoperation (including 13 fabrication, erection, installation, demolition, ormodification ofan emissions unit) that would result in a change in 14 emissions. 15 S. "Continuous emissions monitorinasystem (CEMS)" means all ofthe equipmentthat may be 16 required to meetthe data acquisition and availability requirements of20.11.61 NMAC, to sample, condition (if 17 applicable), analyze, and provide a record ofemissions on a continuous basis. 18 T. "Continuous emissions ratemonitoringsystem {CERMS)" means the total equipment required 19 for the determination and recording ofthepollutant mass emissions rate {in terms ofmass per unit oftime). 20 U. "Continuous parametermonitoringsystem {CPMS)" means all ofthe equipment necessary to 21 meet the data acquisition and availabilityrequirements of20.11.61 NMAC, to monitor process and control device 22 operational parameters (for example, control device secondary voltages and electric currents) and other information 23 {for example, gas flow rate, 0 1 orC02 concentrations), and to record average operational parameter value(s) on a 24 continuous basis. 25 V. "Department"means the city ofAlbuquerque, environmental health department orits successor 26 agency. 27 W. "Director"meansthe director ofthe city ofAlbuquerque, environmental health department orthe 28 director ofits successor agency. 29 X. "Electric utility steam generating unit" means any steam electric generating unitthat is 30 constructed for the purpose ofsupplyingmore than one-third ofits potential electric output capacity and more than 31 2S megawatts electrical output to any utility power distribution system for sale. Any steam supplied to a steam 32 distribution system for the purpose ofproviding steam to a steam-electric generatorthat would produce electrical 33 energy for sale is also considered in determiningthe electrical energy output capacity ofthe affected facility. 34 Y. "Emissions unit" means any partofa stationary source that emits orwould have the potential to 3S emitany regulated NSR pollutant and includes an electric utility steam generating unit as defined in 20.11.61.7 36 NMAC. Forpurposes of20.11.61 NMAC, there aretwo types ofemissions units as follows: 37 {I) a new emissions unit is any emissions unit that is (or will be} newly constructed andthat has 38 existed for less than two years from the date such emissions unit farst operated; 39 {2) an existing emissions unit is any emissions unit that does not meet the requirements in Paragraph 40 (1) ofSubsection Y of20.11.61.7NMAC. A replacement unit is an existing unit. 41 Z. "Federalland manager" means, with respect to any lands in the United States, a federal level 42 cabinet secretary ofa federal level department (e.g. interior department} with authority over such lands. 43 AA. "Federallyenforceable" means all limitations and conditions which are enforceable by the 44 administrator, including: 45 {I) those requirements developed pursuant to 40 CFRParts 60 and 61; 46 (2) requirements within any applicable state implementation plan (SIP}; 47 (3) any permit requirements establishedpursuant to 40 CFR 52.21; or 48 (4) underregulations approved pursuantto 40 CFRPartS1, Subpart I, including operating permits 49 issued underan EPA-approved program that expresslyrequires adherence to any permit issued under such 

### program. SO DB. "Fugitiveem.ilsions" means those emissions which could notreasonably pass through a stack, S

I chimney, vent, orotherfUnctionally equivalent opening. 52 CC. "Greenhouse gases" or "GHGs" means the airpollutant defined in§ 86.1818-12{a) ofChapter I 53 of'fitle40ofthe CFR, asthe aggregate group ofsix greenhouse gases: carbon dioxide, nitrous oxide, methane, 54 hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. SS DD. "High terrain" means any area having an elevation 900 feet or more above the base ofa source's S6 stack.

20.11.61 NMAC Public Review Draft 2/20/2015 51 EE. "Indian governingbody" means the governing body ofany tribe, band, orgroup ofIndians 2 subjecttothejurisdiction ofthe United States and recognized bythe United States as possessing power ofself

### 3 government 

### 4 FF. "Innovativecontrol technology" means any system ofairpollution control that has not been 5 adequately demonstrated in practice, but would have a substantial likelihood ofachieving greater continuous 

### 6 emissionsreduction than any control system in currentpractice or achieving at least comparable reductions atlower 7 cost in tenns ofenergy, economics, ornon-air quality environmental impacts. 8 GG. "Lowterrain" means any area otherthan high terrain. 9 HH. "Lowest achievableemission rate (LAER)" means, for any source, the more stringent rate of I0 emissions 

### based on the following: 11 (1) the most stringent emissions limitation which is contained in the implementation plan ofany state 12 for such class orcategory ofstationary source, unless the owner oroperator oftheproposed stationary source 13 demonstrates that such limitations are not achievable; or 14 (2) the most stringentemissions limitation which is achieved in practice by such class orcategory of 

### IS stationary source; this limitation, when applied to a modification, means the lowest achievable emissions rate for the 16 new ormodified emissions units within the stationary source; in no event shaJI the application ofthis term permit a 17 proposed new ormodified stationary source to emit any pollutant in excess ofthe amount allowable under an 18 applicable new source standard ofperformance. 19 II. "Majormodification" 20 (I) Means any physical change in orchange in the method ofoperation ofa major stationary source 21 that would result in: a significant emissions increase ofa regulated NSRpollutant; and a significant net emissions 22 increase ofthat pollutant from the major stationary source. 23 (2) Any significant emissions increase ftom any emissions units ornet emissions increase at a major 24 stationary source that is significant for volatile organic compounds oroxides ofnitrogen shall be considered 25 significantfor ozone. 26 (3) A physical change.or change in the method ofoperation shalt not include: 27 (a) routine maintenance, repair, and replacement; 28 (b) use ofan alternative fuel or raw material by reason ofan order under Section 2(a) and (b) of 29 the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) orby reason ofa 30 natural gas curtailmentplan pursuanttothe Federal Power Act; 31 (c) use ofan alternative fuel byreason ofan order orrule under Section 125 ofthe act; 32 (d) use ofan alternative fuel ata steam generating unit to the extent that the fuel is generated 33 from municipal solid waste; 34 (e) use ofan alternative fuel orraw material bya stationary source which: 35 (i) the source was capable ofacc:ommodating before January 6, 1975, unless such change 36 wouldbe prohibited underany federally enforceablepermit condition which was established afterJanuary 6, 1975 37 pursuantto 40CFR52.21 orunder regulations approved pursuant to 40 CFRSubpart I or40CFR51.166; or 38 (ii) the source is approved to use under any permit issued under40CFR 52.21 orunder 39 regulations approved pursuant to40CFRS1.166; 40 (f) an increase in the hours ofoperation orin the production rate, unless such change would be 41 prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuantto 42 40 CFR 52.21 orunder regulations approved pursuantto40 CFR Subpart I or40CFR 51.166; 43 (g) any change in ownership at a stationary source; 44 (h) the installation, operation, cessation, orremoval ofa temporary clean coal technology 45 demonstration project,provided that the projectcomplies with: 46 (i) the state implementation plan for the state in which the project is located; and 47 (ii) otherrequirements necessary to attain and maintain the NAAQS during the project 48 and after it is tenninated; 49 (i) the installation or operation ofa permanent clean coal technology demonstration projectthat 50 constitutes repowering, provided thatthe project does not result in an increase in the potential to emit ofany 51 regulated NSR pollutantemitted by the unit; this exemption shall apply on a pollutant-by-pollutantbasis; or 52 (j) the reactivation ofa very clean coal-tired electric utility steam generating unit. 53 (4) This definition shall not apply with respect to a particularregulated NSR pollutant when the 54 major stationary source is complying with the requirements under 20.11.61.20 NMAC for a PAL for that pollutant. 55 Instead, the defmition at Paragraph (8) ofSubsection B of20.11.61.20NMAC shall apply. 56 JJ. "Majorsouree baselinedate" means:

20.11.61 NMAC Public Review Draft 2/20/201 S 61 (1) in the case ofPM 10 and sulfur dioxide, January 6, 1975; 2 (2) in the case ofnitrogen dioxide, February 8, 1988; and 3 (3) in the case ofPM2

.5, October 20, 2010. 4 KK. "Majorstationary source" S (I} means: 6 (a) any stationary source listed in Table 1of20.11.61.26 NMAC which emits, orhas the 7 potential to emit, 1 00 tons peryear ormore ofany regulated NSR pollutant; 8 (b) notwithstanding the stationary source categories specified in Subparagraph (a) ofParagraph 9 (1) ofSubsection KK of20.11.61.7 NMAC, any stationary source which emits, orhas the potential to emit, 250 tons I0 per year ormore ofany regulated NSR pollutant; or 11 (c) any physical change that would occur at a stationary source not otherwise qualifying under 12 Subsection KK of20.11.61.7NMAC, as a major stationary source ifthe change would constitute a major stationary 13 source by itself. 14 (2) A major source that is major for volatile organic compounds or oxides ofnitrogen shall be 15 considered major for ozone. 16 (3) The fugitive emissions ofa stationary source shall not be included in determining whether it is a 17 major stationary source, unless the source belongs to one ofthe stationary source categories found in Table 1of 18 20.11.61.26 NMAC or any other stationary source category which, as ofAugust 7, 1980, is being regulated under 19 Section Ill or 112 ofthe act. 20 LL. "Mandatory federal class I area" means any area identified in 40 CFR Part 81, Subpart D. 21 MM. "Minorsource baseline date" means the earliest date afterthe trigger date on which a major 22 stationary source or major modification subjec::t to 40 CFR 52.21, or to regulations approved pursuant to 40 CFR 23 51.166, submits a complete application under the relevant regulations. 24 (1) The trigger dates are: 25 (a) August 7, 1977, for PM 10 and sulfur dioxide; and 26 (b) February 8, 1988 for nitrogen dioxide; and 27 (c) October 20, 20II, for PM2

.5• 28 (2) The baseline date is established for each pollutant for which increments or other equivalent 29 measures have been established if: 30 (a) the area in which the proposed major stationary source or major modification would 31 construct is designated as attainment or unclassifiable under Section I07(d)(l)(A)(ii) or (iii) ofthe federal act for the 32 pollutant on the date ofits complete application under 40 CFR 52.21 or under regulations approved pursuant to 40 33 CFR 51.166; and 34 (b) in the case ofa major stationary source, the pollutant would be emitted in significant 35 amounts, or in the case ofa major modification, there would be a significant net emissions increase ofthe pollutant. 36 (3) Any minor source baseline date established originally for the TSP increments shall remain in 37 effec::t and shall apply for purposes ofdetermining the amount ofavailable PM 10 increments, except that the 38 department may rescind any such minor source baseline date where it can be shown, to the director's satisfaction 39 that, eitherthe emissions increase from the major stationary source, or the net emissions increase from the major 40 modification, responsible for triggering.that date did not result in a significant amount ofPM 10 emissions. 41 NN. "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured 42 in terms ofvisual range, contrast or coloration. 43 

### 00. "Necessary preconstructlon approvals or permits" mean those permits or approvals required 44 under federal air quality control laws and regulations and those air quality control laws and regulations which are 45 part ofthe New Mexico state implementation plan. 46 PP. "Netemissions Increase" 47 (I) Means, that with respec::tto any regulated NSR pollutant emitted by a major stationary source, the 48 amount by which the sum ofthe following exceeds zero: 49 (a) the increase in emissions from a particular physical change or change in the method of SO operation at a stationary source as calculated pursuant to Subsection D of20.11.61.11 NMAC; and 51 (b) any other increases and decreases in actual emissions at the major stationary source that are 52 contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating 53 increases and decreases shall be determined as provided in Subsection I of20.11.61.7NMAC, except that 54 Subparagraph (c) ofParagraph (1) and Subparagraph (d) ofParagraph (2) ofSubsection 1of20.11.61.7 NMAC shall 55 not apply.

20.11.61 NMAC Public Review Draft 212012015 7

### I (2) An 

### increase ordecrease in actual emissions is contemporaneous with the increase fi:om the 2 particularchange only ifit occurs between: 3 (a) the date five years priorto the commencementofconstruction on the particular change; and 4 (b) 

### the date that the increase fi:om the particularchange occurs. S 

### (3) An increase or decrease in actual emissions is creditable only if: 6 (a) it occurs between: 7 (i) 

### the date five years priorto the commencement ofconstruction on the particular 8 change; and 9 (ii) 

### the date thatthe increase from the particularchange occurs; and 10 (b) the department has not relied on it in issuing a permit for the source underregulations 11 approved pursuantto 40 CFR S

### 1.166, which permit is in effect when the increase in actual emissions fi:om the 12 particularchange occurs; and 13 (c) the increase ordecrease in emissions did not occur at a clean unit, 

### as defined in 40 CFR 14 

### S1.166 (b)(3)(iii)(c) and Federal RegisterVol. 76 No. 61,3/30/11, p. 17S54. 15 (d) As 

### itpertains to an increase or decrease in fugitive emissions (to the extentquantifiable), it 

### 16 occurs at an emissions unitthat is part ofone ofthe source categories listed in Paragraph (3) ofSubsection KK of 17 20.11.61.7NMAC or it occurs at an emission unit that is located at amajor stationary source that belongs to one of 18 the listed source categories. Fugitive emission increases or decreases are not included for those emissions units 19 located at a facility whose primary activity is notrepresented by one ofthe source categories listed in Paragraph {3) 20 ofSubsection K.K 

### of20.11.61.7 NMAC and that are not, by themselves, part 

### ofa listed source category. 21 (4) An 

### increase ordecrease in actual emissions ofsulfur dioxide, particulate matter, oroxides of 22 nitrogen that occurs before the applicable minor source baseline date is creditable only ifit is required to 

### be 23 considered in calculatingthe amount ofmaximum allowable increases remaining available. 24 (5) An 

### increase in actual emissions is creditable onlyto the extentthat the new level ofactual 25 emissions exceeds the old level. 26 (6) Adecrease in actual emissions is creditable onlyto the extent that: 27 (a) the old level ofactual emissions orthe old level ofallowable emissions, whicheveris lower, 28 exceeds the new level ofactual emissions; 29 (b) it is enforceable as a practical matter at and afterthe time that actual construction on the 30 particularchange begins; and 31 (c) it

### has approximately the same qualitative significance for public health and welfare as that 32 attributed to the increase fi:om the particularchange; and 33 (7) an increasethatresults fi:om a physical change at a source occurs when the emissions unit on 34 which construction occurredbecomes operational and begins to emit a particularpollutant; any replacement unit that 

### 35 requires shakedown becomes operational only after areasonable shakedown period, not to exceed 180 days. 36 (8) Paragraph {2) 

### ofSubsection Bof20.l1.61.7 NMAC shall not apply for determining creditable 37 increases and decreases. 38 QQ. 

### "Nonattainmentarea,. means an area which has been designated under Section l07 ofthe act as 39 nonattainment for one ormore ofthe NAAQS by EPA. 40 RR. 

### "Portable stationary**sou~e,.** 

### means a source which can be relocated to another operating site 41 with limited dismantling and reassembly. 42 SS. "Potential to emit" means the maximum capacity ofa stationary source to emit a pollutant under 43 its physical and operational design. Any physical oroperational limitation on the capacity ofthe source to emit a 44 pollutant, including air

### pollutantcontrol equipment and restrictions on hours ofoperation or on the type

### or amount 45 ofmaterial combusted, stored, orprocessed, shall be treated as part

### ofits design ifthe limitations orthe effectthe 46 limitation would have on emissions is federally enforceable. Secondary emissions do not count in determining the 47 potential to emit ofa stationary source. 48 IT. "Predictiveemissions monitoring system (PEMS)" means all ofthe equipment necessary to 

### 49 monitorprocess and control device operational parameters (for example, control device secondary voltages and SO 

### electric currents) and other information (for example, gas flow rate, 0 2 

### orCO:z concentrations), and calculate and 51 record the mass emissions rate (for example, lblhr) on acontinuous basis. 52 UU. ..Project" means aphysical change in, or change in 

### method ofoperation of, an existing major 53 stationary source. 54 VV. "Projected actual emissions,. SS {1) 

### Means the maximum annual rate, in tons 

### peryear, at which an existing emissions unit is projected 56 

### to emit a regulated NSRpollutant in any one ofthe five years {12-monthperiod) following the date the unit resumes

20.11.61 NMAC Public Review Draft

### 2120/2015 8I regular operation after the project, orin any one ofthe I 0 years following that date, ifthe project involves increasing 2 the emissions unit's design capacity or its potential to emit that regulated NSRpollutant, and full utilization ofthe 3 unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary 4 source. S (2) In determiningthe projected actual emissions (before beginning actual construction}, the owner or 6 operator ofthe major stationary source: 7 (a) shall consider all relevant information, including but not limited to, historical operational 8 data, the company's own representations, the company's expected business activity and the company's highest 9 projections ofbusiness activity, the company's filings with the state or federal regulatory authorities, and I 0 compliance plans under an approved SIP; and II (b) shall include fugitive emissions to the extent quantifiable and emissions associated with 12 startups, shutdowns, and malfunctions; and 13 (c) shall exclude, in calculating any increase in emissions that results from the particular 14 project, that portion ofthe unit'semissions following the project that an existing unit could have accommodated IS during the consecutive 24-month period used to establish thebaseline actual emissions under Subsection I of 16 20.11.61.7 NMAC and that are also unrelated tothe particularproject, including any increased utilization due to 17 product demand 

### growth; or 18 {3) in lieu ofusing the method set out in Subparagraphs (a}-(c) ofParagraph (2) ofSubsection VV of 19 20.11.61.7 NMAC, may elect to use the emissions unit's potential to emit in tons peryear. 20 WW. "Regulated new source review pollutant" or "regulated NSR pollutant" means the following: 21 (I) any pollutant for which a NAAQS has been promulgated; this includes, but is not limited to the 22 following: 23 (a) PM2

.5 emissions and PM 10emissions shall include gaseous emissions from a source or 24 activity which condense to form particulate matter at ambient temperatw'es; on or after January I, 20II, such 25 condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions 26 limitations for PM2

.5 and PM1 oin PSD permits; compliance with emissions limitations for PM2

.5 and PM 10 issued 27 priorto this date shall not be based on condensable particulate matter unless required bythe terms and conditions of 28 the permit orthe applicable implementation plan; applicability determinations made priorto this date without 29 accounting for condensable particulate matter shall not be considered in violation of40 CFR 51.166unless the 30 applicable implementation plan required condensable particulate matter to be included; 31 (b) any pollutant identified under Subparagraph (b) ofParagraph (I) ofSubsection WW of 32 20.11.61.7 NMAC as a constituent orprecursorto a pollutant for which a NAAQS has been promulgated; precursors 33 identified bythe administrator for purposes ofNSRare the following: 34 (i) volatile organic compounds and nitrogen oxides are precursors to ozone in all 35 attainment and unclassifiable areas; 36 (ii) sulfur dioxide is a precursor to PM2

.5 in all attainment and unclassifiable areas; 37 (iii) nitrogen oxides are presumed to be precursors to PMu in all attainment and 38 unclassifiable areas, unless the state demonstrates to the administrator's satisfaction or EPA demonstrates that 39 emissions ofnitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient 40 PM 2.s concentrations; 41 (iv) volatile organic compounds are presumed not to be precursors to PM2..5 in any 42 attainment orunclassifiable area, unless the state demonstrates to the administrator's satisfaction or EPA 43 demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant 44 contributor to that area's ambient PM2

.5 concentrations; 45 (2) any pollutantthat is subject to any standard promulgated under Section Ill ofthe act; 46 (3) any class I orII substance subject to a standard promulgated under or established by Title VI of 47 the act; 48 (4) any pollutant that otherwise is "subject to regulation" under the act as defined in Subsection CCC 49 of20.11.61.7NMAC; SO (S) notwithstanding Paragraphs (1) through (4) ofSubsection WW of20.11.61.7 NMAC, the term 51 "regulated NSR pollutant" shall not include any or all hazardous air pollutants either listed in Section 112 ofthe act, 52 or added to the list pursuant to Section 112(b)(2) ofthe act, and which have not been delisted pursuant to Section 53 112(b)(3) ofthe act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor ofa 54 general pollutant listed under Section 108 ofthe act; SS (6) particulate matter (PM) emissions, PM2

.5 emissions, and PMto emissions shall include gaseous 56 emissions from a source or activity which condense to form particulate matter at ambient temperatures; on or after

20.11.61 NMAC Public Review Draft 2/20/20IS 91 January 1, 2011 (or any earlier date established in the upcoming rulemaking codifying test methods), such 2 condensable particulate matter shaH be accounted for in applicability determinations and in establishing emissions 3 limitations for PM, PMu and PM 1oin PSD permits; compliance with emissions limitations for PM, PM25 and PM 10 4 issued priorto this date shall not be based on condensable particulate matter unless required by the terms and 5 conditions ofthe permit orthe applicable implementation plan; applicability determinations made prior to this date 6 without accounting for condensable particulate matter shall not be considered in violation of20.11.61 NMAC unless 7 the applicable implementation plan required condensable particulate matter to be included. 8 XX. "Replacement unit" means an emission unit for which all ofthe following criteria are met. No 9 creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. 10 (1) The emissions unit is a reconstructed unit within the meaning of40 CFR 60.15(bXI), orthe II emissions unit completely takes the place ofan existing emissions unit. 12 (2) The emissions unit is identical to or functiona11y equivalentto the replaced emissions unit. 13 (3) The replacement unit does not change the basic design parameter(s) ofthe process unit. 14 (4) The replaced emissions unit is permanently removed from the major stationary source, otherwise 15 permanently disabled, orpermanently barred from operation by a permit that is enforceable as a practical matter. If 16 the replaced emissions unit is brought back into operation, it shaiJ constitute a new emissions unit. 17 YY. "Secondary emissions" means emissions which occur as a result ofthe construction or operation 18 ofa major stationary source or majormodification, but do not come from the major stationary source or major 19 modification itself. Forthe purpose of40 CFR 51.166, secondary emissions must be specific, well defined, 20 quantifiable, and impactthe same general areas as the stationary source or modification which causes the secondary 21 emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed 22 or increase its emissions except as a result ofthe construction or operation ofthe major stationary source or major 23 modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as 24 emissions from the tailpipe ofa motor vehicle, from a train, or from a vessel. 25 ZZ. "Significant" means: 26 (1) in reference to a net emissions increase or the potential ofa source to emit any ofthe po11utants 27 listed in Table 2 of20.11.61.27 NMAC, a rate ofemissions that would equal or exceed any ofthe corresponding 28 emission rates listed in Table 2 of20.11.61.27 NMAC; 29 (2) in reference to a net emissions increase orthe potential ofa source to emit a regulated NSR 30 po1lutant that Paragraph (1) ofSubsection ZZ of20.11.61.7NMAC, does not list, any emissions rate; and 31 (3) notwithstanding Paragraph (1) ofSubsection ZZ of20.11.61.7 NMAC, any emissions rate or any 32 net emissions increase associated with a major stationary source or major modification, which would construct 33 within 10 kilometers ofa class I area, and have an impact on such area equal to or greaterthan 1f.1g/m3 (24-hour 34 average). 35 AAA. "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions 36 that is significant for that pollutant. 37 

### 888. "Stationary source" means any building, structure, facility, or installation which emits, or may 38 emit, any regulated NSR pollutant. 39 CCC. "Subject to regulation" means, for any air po11utant, that the pollutant is subject to either a 40 provision in the Clean Air Act, or a nationally-applicable regulation codified by the administrator in Subchapter C of 41 Chapter 1ofTitle 40 ofthe CFR, that requires actual control ofthe quantity ofemissions ofthat pollutant, and that 42 such a control requirement has taken effect and is operative to control, limit or restrict the quantity ofemissions of 43 that pollutant released from the regulated activity. Except that: 44 (1) Greenhouse gases (GHGs) shall not be subject to regulation except as provided in Paragraphs (4) 45 and (5) ofSubsection CCC of20.11.61.7 NMAC and shall not be subject to regulation ifthe stationary source 46 maintains its total source-wide emissions below the GHG PAL level, meets the requirements in 20.11.61.20 NMAC, 47 and complies with the PAL permit containing the GHG PAL. 48 (2) For purposes ofParagraphs (3) through (5) ofSubsection CCC of20.11.61.7 NMAC, the term 49 ''tpy**C~** equivalent emissions (C02 e)" shall represent an amount ofGHGs emitted, and shall be computed as 50 follows: 51 (a) multiplying the mass amount ofemissions (tpy), for each ofthe six greenhouse gases in the 52 pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart AofPart 98 of 53 Chapter I ofTitle 40 ofthe CFR- Global Warming Potentials; fer JIUFJ3eses efParagFaJ!k (2) efSuesestieR CCC 54 ef2(U 1.61.7 NMAC, prierte July 21, 2GI4. U1e lft&Ss ehke gt:eeRtteuse gas eareeR**die~tide** sttall Ret iflslude sarbeR 55 dieMide elftissieRs resultiRg fi'elfl tke eeFReustieR erEleseFRf'esitieR efReR fessilized BREI eieEiegf'Bdaele ergertie 56 lftaterial erigiRatiRg fi'eFR plants. &RiFRals. er lfliere erganisFRs (inehuliRg**t~reeuets,** ey preEiuets. resid1:1es aRd waste

20.11.61 NMAC Public Review Draft 2120/2015 101 freR'I agf'ieylture, ferestry and related industries as well as tile nan fessilizeEI**at~EI** bietlegMEiable er:gaRie ffaetiens ef 2 indYstAalaAd**R'ltmieiJ:~al** wastes,**iRel~tding** gases ana liquids reeeveFed freR'I tile deeeR'IpesitieR efReR fessilizea and 3 biedegF&dable eFgSRie R'laterial). 4 (b) sum the resultant value from Subparagraph (a) ofParagraph (2) ofSubsection CCC of S 20.11.61.7 NMAC for each 

### gas to compute a tpy C02e. 6 (3) The term "emissions increase" as used in Paragraphs (4) and (5) ofSubsection CCC of20.11.61.7 7 NMAC, shall mean thatboth a significant emissions increase (as calculated using the procedures in Subsection D of 8 20.11.61.11 NMAC) and a significant net emissions increase (as defined in Subsection PP of20.11.61.7 NMAC and 

### 9 Subsection 'ZZof20.11.61.7 NMAC) occur. Forthe pollutant GHGs, an emissions increase shall be based on tpy 10**C~e,** and shall be calculated assuming the pollutant GHGs is a regulated NSRpollutant, and "significant" is II defined as 75,000 tpy C02e instead ofapplying the value in Table 2 of20.11.61.27 NMAC. 12 (4) Beginning January 2, 2011, the pollutant GHGs is subject toregulation if: 13 (a) the stationary source is a new major stationary source for a regulated NSRpollutantthat is 14 not GHGs, and also will emit orwill have the potential to emit 75,000 tpy C01e ormore; or 15 (b) the stationary source is an existing major stationary source for a regulated NSRpollutant 16 that is not GHGs, and also will have an emissions increase ofa regulated NSRpollutant, and an emissions increase 17 of75,000tpy C02e ormore; and, 18 (5) beginningJuly 1, 2011, in addition to the provisions in Paragraph (4) ofSubsection CCC of 19 20.11.61.7 NMAC, the pollutant GHGs shall also be subject to regulation: 20 (a) at a new stationary source that will emit orhave the potential to emit 100,000 tpy C01e; or 21 (b) at an existing stationary source that emits orhas the potential to emit 100,000 tpy C02e, 22 when such stationary source undertakes a physical change or change in the method ofoperation that willresult in an 23 emissions increase of75,000tpy**C~e** ormore. 24 DDD. "Temporary source" means a stationary source which changes its location orceases to exist 25 within two years from the date ofinitial start ofoperations. 26 EEE. "Visibility impairment" means any humanly perceptible change in visibility (visual range, 27 contrast, coloration) from that which would have existed under natural conditions. 28 FFF. "Volatileorganic compound (VOC)" means any compound ofcarbon, excluding carbon 29 monoxide, carbon dioxide, carbonic acid, metallic carbides orcarbonates, and ammonium carbonate, which 30 participates in atmospheric photochemical reactions; this includes any such organic compound otherthan those 31 which the administrator designates as havingnegligible photochemical reactivity under40 CFR 51.1OO(s). 32 [20.11.61.7 NMAC- Rp, 20.11.61.7 NMAC, 1/23/06; A, 5/15/06; A, 8/30/10; A, 1110/11; A, 5/13/13] 33 34 20.11.61.8 SAVINGS CLAUSE: Any amendment to 20.1 1.61 NMAC, 

### Prevention of Significant 35 

### Deterioration that is filed with the state records center and archives shall not affect actions pending for violation ofa 36 city or county ordinance orboard regulation. Prosecution for a violation under priorregulation wording shall be 37 governed and prosecuted under the statute, ordinance, part or section in effect at the time the violation was 38 committed. 39 [20.11.61.8 NMAC

- Rp, 20.11.61.9 NMAC, 1/23/06] 40 41 20.11.61.9 SEVERABILITY: Ifany section, paragraph, sentence, clause, or word of20.11.61 NMAC or 42 any federal standards incorporated herein is for any reason held to be unconstitutional orotherwise invalid by any 43 court, the decision shall not affect the validity ofremaining provisions of20.1 1.61 NMAC. 44 [20.1 1.61.9 NMAC- Rp, 20.11.61.10 NMAC, 1123/06] 45 46 20.11.61.10 DOCUMENTS: Documents incorporated and cited in 20.11.61 NMAC may be viewed at the 47 Albuquerque environmental health department, One Civic Plaza NW, 3rd Floor, Suite 3023, Albuquerque, NM 48 87102. 49 [20.1 1.61.10 NMAC

- Rp, 20.1 1.61.11 NMAC, 1123/06; A, 51 13/13] 50 51 20.11.61.11 APPLICABILITY: 52 A. Therequirements of20.11.61 NMAC apply to the construction ofany new major stationary 53 source or any project at an existing major stationary source in an area designated 

### as attainment orunclassifiable. 54 8. Tke rettuirelfteRts efSeetieRs 29.1 Ui 1.12**~MAC** aRd 2Q.I 1.61.13**~MAC,** SubseetieRs A lllreugll 55 C ef2Q.JI.(; 1.14 NMl,C, PBAtgfapk (I)efSubseetieR 8 ef2Q.II.61.1j l'IMAC, SueseetieRs A BREI 8 ef 56 2Q.II.fil.l(; NMAC, 20.11.t!il.17**~MAC,** SubseetieRS A tllreugk C ef20.11.61.18**~MAC.** SubseetieRs BaRe C ef

20.11.61 NMAC Public Review Draft 2/20/2015 111 29.11.61.21 'NMAC ana ;a.g.JJ.6J.24 'NMAC 

### apply te the eBAstntetien efaAy Rew Majer statieflary setiFee erltte 2 majer Metlifieatiett efllftY eMistiag Majer stalieaary selfl'ee, eMeept as 

### 20.11.61 'NMAC eltterwise prevides. The 3**r~uirements** of20.11.61.12 NMAC through 20.11.61.18 NMAC. 20.11.61.21 NMAC and 20.11.61.24 NMAC 4 

### apply to the construction ofany new major stationary source or the major modification ofany existing major S stationary source excg>t as 20.11.61 NMAC otherwise provides. 6 C. 'We MW Majer statieflary selfl'ee erMajer MeEiifieatieR te whieh theFeljl:lireMefltS ef**Sl:l~&eetiBAs** 7 A, 8,C 

### an4 I) &f2Q,lJ.61.12 WMAC, SeetieR 29,11.61.13 WMAC, 81:19seetieRs Athre1:1gh C af2Q.ll,fH.I4 8 'NMAC, PefasFaph (I) ef81:19seetieR8 efaQ,Il.61.U l>JM/':C,**Su~seetieRs** A wul8 ef2Q.IJ,61.16 'WM,lt£1 9 29.11.61.17 'NMAC, Sl:l9seetiefls A lhrewgl:i C ef2Q,JI.fi1.18 'NMl\C, SeseetieRs 8 lfiEI C ef29.11.61.21 'NMAC I0 and 29.11.61 .24 'NMAC apply shallllegiR aeti:IBI eeHstntetiea widleut 

### aJleFfflit that states that tl:ie Majer stetiettary II**se~:~ree** erfflejer ff!edifieatieR ':;Viii fflellt lhese Nljl:lireMeRts. No new major stationary source or major modificgtion 12 to which the reguirements ofSubsections A. B. C and D of20.11.61.12 NMAC. Sections 20.11.61.13 NMAC 13 throu&h 20.11.61.18 NMAC. 20.11.61.21 NMAC and 20.11.61.24 NMAC apply shall begin actual construction 14 without apermit that states that the major stationary source or major modification will meet those reuuirements. 15 D. Applicability procedures. 16 (1) Except as otherwise provided in Subsection E of20.11.61.11 NMAC, and consistent with the 17 definition ofmajor modification, a project is a major modification for a regulated NSR pollutantifitcauses a 18 significant emissions increase and a significantnet emissions increase. The project is not a major modification ifit 19 does not cause a significant emissions increase. Ifthe projectcauses a significant emissions increase, then the 20 project is a major modification only ifit also results in a significantnet emissions increase. 21 (2) The procedure for calculating (before beginning actual construction) whether a significant 22 emissions increase (i.e., the first step ofthe process) will occur depends upon the type ofemissions units being 23 modified, ac:c:ordingto Paragraphs (3) through (5) ofSubsection D of20.11.61.11 NMAC. The procedure for 24 calculating (before beginning actual construction) whether a significantnet emissions increase will occur at the 25 major stationary source (i.e., the second step ofthe process) is contained in the definition in Subsection PP of 26 20.11.61.7 NMAC. Regardless ofany such prec:onstruction projections, a major modification results ifthe project 27 causes a significant emissions increase and a significant net emissions increase. 28 (3) ActuaMo-projected-actual applicability test for projects thatonly Involve existin1 emissions 29 units. A significant emissions increase ofaregulatedNSR pollutant is projectedto occur ifthe sum ofthe 30 difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit 31 equals orexceeds the significant amount for that pollutant 32 (4) Actual-to-potential test for projects thatonly Involve construction ofa new emissions 33 unlt(s). A significantemissions increase ofa regulatedNSRpollutant is projected to occur ifthe sum ofthe 34 difference between the potential to emitfrom each new emissions unit following completion ofthe project and the 35 baseline actual emissions ofthese units before the projectequals orexceeds the significant amount for that pollutant 36 (5) Hybrid test for projects that involve multiple types ofemissions units. A significant 37 emissions increase ofa regulated NSR pollutant is projected to oc:c:ur ifthe sum ofthe emissions increases for each 38 emissions unit, using the method specified in Paragraphs (3) and (4) ofSubsection D of20.11.61.l1 NMAC as 39 applicable with respect to each emissions unit, for each type ofemissions unit equals or exceeds the significant 40 amount for thatpollutant. 41 E. Forany major stationary source for a PAL for a regulated NSRpollutant, the major stationary 42 source shall comply with requirements under 20.11.61.20 NMAC. 43 [20.11.61.11 NMAC- N, 1/23/06; A, 8/30/10; A, 1/10/11; A, S/13/13] 44 45 20.11.61.11 OBLIGATIONS OFOWNERS OROPERATORS OFSOURCES: 46 A. Any owner oroperator who begins actual construction oroperates a source or modification 47 without, or not in accordance with, apermit issued undertherequirements of20. 1

### t.61 NMAC shall be subject to 48 enforcement action. 49 B. Approval to construct shall notrelieve any person from the responsibility to comply fully with the SO provisions ofthe Air Quality Control Act, Sections 74-2-1 to 74-2-17, NMSA 1978; any applicable regulations of SI the board; and any otherrequirements under local, state, orfederal law. 52 C. Approval to construct shall become invalid ifconstruction is not commenced within 18 months 53 after receipt ofsuch approval, ifconstruction is discontinued for a period of 18 months or more, or ifconstruction is 54 not completed within a reasonable time; the administrator may extend the 18-month period upon a satisfactory 55 showingthat an extension isjustified; this provision does not apply to the time period between construction ofthe

20.tl.61 NMAC Public Review 

### Draft 2120/2015 12

### 1 approved phases ofaphased construction project; each phase must commence construction within 18 months ofthe 2 projected and approved commencement date. 

### 3 D. At such time that aparticular source ormodification becomes a major stationary source ormajor 4 modification solely by

### virtue ofarelaxation in any enforceable limitation which 

### was established afterAugust 7, 

### 5 1980, on the capacity ofthe source ormodification otherwise to emit a pollutant, such as a restriction on hours of 6 operation, then 20.11.61 NMAC shall apply to the source or modification as though construction had 

### not yet 7 commenced onthe source ormodification. 8 E. Except as otherwise provided 

### in Paragraph (6) ofSubsection Eof20.11.61.12 NMAC the 9 following specific provisions apply with respectto any regulatedNSR pollutantemitted from projects atexisting 10 emissions units at a major stationary source (otherthan projects at a source with a PAL) in circumstances where 11 there is areasonable possibility within the meaning ofParagraph (6) ofSubsection E of20.11.61.12 NMAC that a 12 projectthat 

### is not a part

### ofamajor modification may result in a significant emissions increase ofsuch pollutant and 13 the owner or operatorelects to usc the method specified in Paragraphs (1) through (3) ofSubsection VV of 14 20.11.61.7NMAC for calculatingprojected actual emissions. 15 

### (I) Before beginning actual construction ofthe project, the owner or operator shall document and 16 maintain a record ofthe following information: 17 (a) adescription ofthe project; 18 (b) 

### identification ofthe emissions unit(s) whose emissions ofaregulated NSRpollutantcould 19 be affected bythe project; and 20 (c) a description ofthe applicability test

### used to determine that the project is not a major 21 modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual 22 emissions, the amount ofemissions excluded under Paragraph (3) ofSubsection VV of20.11.61.7NMAC and an 23 explanation for why such amount was excluded, and any netting calculations, ifapplicable. 24 (2) Ifthe emissions unit is an existing electric utility steam generating unit, before beginning actual 

### 25 construction, the owner oroperator shall provide a copy ofthe information set

### out in Paragraph (1)

### ofSubsection E 26 of20.11.61.12 NMAC to the department. Nothing in Paragraph (2) ofSubsection Eof20.11.61.12 NMAC shall be 27 construedto require the owner oroperatorofsuch a unit to obtain any determination from the departmentbefore 28 beginning actual construction; however, necessary prcconstruction approvals and/or permits must be obtained before 29 beginning actual construction. 30 (3) The owner oroperator shall monitorthe

### emissions ofany regulatedNSRpollutantthat could 31 increase as aresult ofthe project and that is emittedby any emissions unit identified in Subparagraph (b) 

### of 32 Paragraph (1) 

### ofSubsection Eof20.11.61.12 NMAC; and calculate and maintain a record ofthe annual emissions, 33 in tons peryear on a calendaryearbasis, for aperiod offive years following resumption ofregular operations after 34 the change, orfor aperiod of 10 years 

### following resumption ofregularoperations afterthe change ifthe project 35 increases the design capacity orpotential to emit ofthatregulated NSRpollutant at such emissions unit. For 36 purposes ofParagraph (3) ofSubsection Eof20.11.61.12 NMAC, fugitive emissions (to the extentquantifiable) 37 shall be monitored if

### the emissions unit is part

### ofone ofthe source categories listed in Table 1of20.11.61.26 38 NMAC or ifthe emissions unit is located at a major stationary source that belongs to one ofthe listed source 39 categories. 40 ( 4) Ifthe unit is an existing electric utility steam generating unit, the owneroroperator shall submit a 41 report to the department within 60 days after the end ofeach yearduring which records must be generated under 42 Subparagraph (c) ofParagraph (I)

### ofSubsection E of20.11.61.12 NMAC settingoutthe unit's annual emissions 43 during the 

### calendaryearthat 

### preceded submission ofthe report. 44 (5) Ifthe unit is an existing unit otherthan an electric utility steam generating unit, the owner or 

### 45 operator shall submit areportto the department ifthe annual emissions, in tons per year, from 

### the project identified 46 in Paragrapn (1) 

### ofSubsection E of20.11.61.12 NMAC, exceed the baseline actual emissions (as documented and 47 maintained pursuantto Subparagraph (c) ofParagraph (I)ofSubsection E of20.11.61.12 NMAC) by a significant 48 amount for that 

### regulated NSR pollutant, and ifsuch emissions differ from the preconstruction projection as 49 documented and maintained pursuantto Subparagraph (c) ofParagraph (1) ofSubsection E of20.11.61.12 NMAC. SO 

### Suchreport shall be submittedto the departmentwithin 60 days after

### the end ofsuch year. The report shall contain S

### 1 the following: 52 (a) the name, address and telephone number ofthe major stationary source; 53 (b) 

### the annual emissions as calculatedpursuantto Paragraph (3) ofSubsection E of20.11.61.12 

### 54 NMAC;and SS 

### (c) any other information that the owner or operator wishes to include in the report (e.g., an 

### 56 explanation as to why the emissions differ from the preconstruction projection).

20.11.61 NMAC Public Review Draft 2120/2015 l31 (6) A "reasonable possibility" under Subsection E of20.11.61.12 NMAC occurs when the owner or 2 operator calculates the projectto result in either: 3 (a) a projected actual emissions increase ofat least 50 percent ofthe amount that is a 4 ''significantemissions increase,'' as defined under Subsection AAA of20.11.61.7 NMAC (without reference to the 5 amount that is a significant net emissions increase), for the regulated NSR pollutant; or 6 (b) a projected actual emissions increase that, added to the amount ofemissions excluded under 7 Paragraph (3) ofSubsection VV of20.11.61.7 NMAC, sums to at least 50 percent ofthe amount that is a 8 "significant emissions increase,'' as defined under Subsection AAA of20.11.61.7NMAC (withoutreference to the 9 amount that 

### is a significant net emissions increase), for the regulated NSRpollutant; for a project for which a 10 reasonable possibility occurs only within the meaning ofSubparagraph (b) ofParagraph (6) ofSubsection 

### Eof 11 20.11.61.12 NMAC, and not also within the meaning ofSubparagraph (a) ofParagraph (6) ofSubsection E of 12 20.11.61.12 NMAC, then provisions ofParagraphs (2) through (5) ofSubsection E of20.11.61.12 NMAC do not 13 apply to the project. 14 

### F. The owner or operator ofthe source shall make the information required to be documented and 15 maintained pursuantto Subsection 

### Eof20.11.61.12 NMAC available for review upon request for inspection by the 16 department orthe general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii). 17 [20.11.61.12 NMAC- Rp, 20.11.61.12 NMAC, 1123/06; A, 8/30110; A, 1110/11; A, 5/13113] 18 19 10.11.61.13 SOURCE INFORMATION: The owner or operator ofa proposed source or modification shall 20 submit all infonnation necessaryto perform any analysis or make any determination required by 20.11.61 NMAC. 21 A. Information shall include, but 

### is not limited to: 22 (1) a description ofthenature, location, design capacity, and typical operating schedule ofthe source 23 ormodification, including specifications and drawings showing the design and plant layout; and 24 (2) a detailed schedule ofconstruction ofthe source or modification; and 25 (3) a detailed description ofthe planned system ofcontinuous emission reduction for the source or 26 modification, emission estimates, and other information necessary to determine that best available control 27 technology will be applied. 28 B. Upon request by the department, the owner or operator shall also provide information on: 29 (1) the air quality impact ofthe source or modification, including meteorological and topographic 30 data necessary to estimate such impact; and 31 (2) the air quality impacts, and the nature and extent ofany or all general commercial, residential, 32 industrial, and other growth which has occurred since August 7, 1977 in the area the source or modification would 33 affect. 34 [20.11.61.13 NMAC- Rp, 20.11.61.13 NMAC, 1/23/06) 35 36 10.11.61.14 CONTROLTECHNOLOGY REVIEW AND INNOVATIVE CONTROLTECHNOLOGY: 37 A. A new major stationary source shall apply best available control technology for each regulated 38 NSR pollutant that itwould have the potential to emit in amounts equal to or greater than the significance levels as 39 listed in Table 2 of20.11.61.27 NMAC. This requirement applies to each proposed emissions unit or operation that 40 will emit such pollutant. 41 B. A major modification shall apply best available control technology for each regulated NSR 42 pollutant at the source when a significant net emissions increase occurs. This requirement applies to each proposed 43 emissions unit or operation where a net emissions increase in the pollutant would occur as a result ofa physical 44 change or change in the method ofoperation in the unit. 45 C. For phased construction projects, the determination ofbest available control technology shall be 46 reviewed and modified as appropriate at the latest reasonable time but no laterthan 18 months priorto 47 commencement ofconstruction ofeach independent phase ofthe project. At such time, the owner or operator ofthe 48 applicable stationary source may be required to demonstrate the adequacy ofany previous determination ofbest 49 available control technology for the source. SO D. Innovative control technology. The department may approve a system ofinnovative control S1 technology for the major stationary source or major modification if: 52 (1) the proposed control system would not cause or contribute to an unreasonable risk to public 53 health, welfare, orsafety in its operation or function; and 54 (2) the owner or operator agrees to achieve a level ofcontinuous emissions reduction equivalent to SS that which would have been required under Subsection A of20.11.61.14 NMAC by a date specified by the

20.11.61 NMAC Public Review Draft 212012015 141 2 

### 3 4 

# s 6 7 8 9 

### 10 11 

### 12 13 I4 IS 16 17 18 19 20 21 22 

### 23 24 25 26 27 28 29 30 31 32 

### 33 34 35 36 37 38 39 40 41 42 43 44 

### 45 46 

### 47 48 49 

## so Sl 

### 52 53 S4 

# ss S6 deparbnent. Such date shall not be laterthan four years :from the time ofstartup or seven years :from permit issuance; and (3) the source or modification would meet the requirements equivalent to 20.11.61.14 NMAC and 20.11.61.1S

### NMAC 

### based on the emissions rate that the stationary source employing the system ofinnovative control technology would be required to meet on the date specified by the department; and

would not: (4) during the interim period ofachievingthe permitted emission level, the source or modification

(a) cause 

### orcontribute to a violation ofan applicable NAAQS; nor (b) 

### impact any federal class I area; 

### nor (c) impact any area where an applicable increment is known to be violated; and all other applicable requirements including those for public participation have been met. (5) 

### E. The department shall withdraw any approval to employ a system ofinnovative control technology if: (1) the proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or (2) the proposed system fails before the specified date so as to contribute to an unreasonable risk to 

### public health, welfare, or safety; or (3) the department decides at any time thatthe proposed system is unlikely to achieve the required level ofcontrol or to 

### protectthe public health, welfare, or safety. F. 

### Ifa source or modification fails to meet the required level ofcontinuous emission reduction within the specifiedtime period orthe approval is withdrawn in accordance with Subsection E

### of20.11.61.14 NMAC, the department may allow the source or modification up to 

### an additional three years to 

### meet the requirement for the application ofbest available control technology through use 

### ofa demonstrated system ofcontrol. G. 

### Ifthe owner oroperator ofamajor stationary source or nuijor modification previously issued a permit under20.11.61 NMAC applies for an extension, and the new proposed date ofconstruction is greaterthan 18 months :from the date 

### the permitwould become invalid, the determination ofbest available control technology shall be reviewed and modified as appropriate before such an extension is granted. At such time, the owner oroperator of the applicable stationary source may be required to 

### demonstrate the adequacy ofany previous determination ofbest available control technology for the source. [20.11.61.14 NMAC- Rp, 20.11.61.14 NMAC, 1123/06; A, 8/30110; A, 5113/13]

10.11.61.15 AMBIENT IMPACT REQUIREMENTS: A. 

### The requirements of20.11.61.15 

### NMAC shall apply to each pollutant emitted by anew major stationary source ormajormodification in amounts equal to orgreaterthan that in Table 2 of20.11.61.27 NMAC. Forparticulate matter, the source will only be required to perform ambient impact analysis for PM 10 

### when the source has the potential to emit significant amounts ofPM 10 

### as determined :from Table 2 of20.11.61.27 NMAC. B. 

### Source Impact analysis. (1) Required demonstration. The owner or operatorofthe proposed source ormodification shall demonstrate that the allowable emission increases from the proposed source ormodification, in conjunction with all other applicable emissions increases orreductions, (including secondary emissions), would not cause or contribute

to 

### air pollution in violation of: (a) any NAAQS in any air quality control region; or (b) 

### any applicable maximum allowable increase (as shown in Table 4 of20.ll.61.29NMAC)

overthe baseline concentrations in any area. (2) Reserved C. 

### The owner or operatorofthe proposed major stationary source or major modification shall demonstrate that neither a violation ofSubparagraph (a) or (b) 

### ofParagraph (1) 

### ofSubsection B 

### of20.11.61.15 NMAC will occur. [20.11.61.15 NMAC- Rp, 20.11.61.15 NMAC, 1/23/06; A, 8/30/10; A, 5/13/13]

10.11.61.16 ADDITIONAL IMPACT ANALYSES: A. 

### The owner or operator ofthe proposed major stationary source or major modification shall provide

an analysis ofthe impairment to visibility, soils, and vegetation that would occur as aresult ofthe source or modification and general commercial, residential, industrial, and other growth 

### associated with the source or modification. The owner or operatorneed notprovide an analysis ofthe impact on vegetation having no significant commercial or recreational value. The analysis can use data or information available from the department.

20.11.61 NMAC Public Review Draft 2/20/2015 IS1 B. The owner or operator shall also provide an analysis ofthe air quality impact projected for the area 2 as a result ofgeneral commercial, residential, industrial, and other growth associated with the source or 3 modification. 4 C. The department may require monitoring ofvisibility in any federal class I area where the S department determines that an adverse impact on visibility may occur due primarily to the operations ofthe 6 proposed new source or modification. Such monitoring shall be conducted following procedures approved by the 7 department and subject to the following: 8 (1) visibility monitoring methods specified by the department shall be reasonably available and not 

### 9 require any research and development; and 10 (2) the cost ofvisibility monitoring required by the department shall not exceed 50 percent ofthe cost 11 ofambient monitoring required by 20.11.61 NMAC; ifambient monitoring is not required, the cost shall be 12 estimated as ifit were required for each pollutantto which 20.11.61 NMAC applies; 13 (3) both preconstruction and post construction visibility monitoring may be required; in each case, the 14 duration ofsuch monitoring shall not exceed one year. 1 S [20.11.61.16 NMAC

- Rp, 20.11.61.16 NMAC, 1123/06; A, 8130/10] 16 17 20.11.61.17 AMBIENT AIR QUALITY MODELING: All estimates ofambient concentrations required by 18 20.11.61 NMAC shall be based on applicable air quality models, data bases, and otherrequirements as specified in 19 Appendix Wto 40 CFR Part Sl,its revisions, or any superseding EPA document, and approved by the department. 20 Where an air quality model specified in the Appendix Wto 40 CFR Part 51, 

### Guideline onAir QualityModels, is 21 inappropriate, the model may be modified or another model substituted. Any substitution or modification ofa 22 model must be approved by the department. Notification shall be given by the department ofsuch a substitution or 23 modification and the opportunity for public comment provided for in fulfilling the public notice requirements in 24 Subsection B of20.11.61.21 NMAC. The department will seek EPA approval ofsuch substitutions or 25 modifications. 26 [20.11.61.17 NMAC- Rp, 20.11.61.17 NMAC, 1123/06; A, 8/30/10] 27 28 20.11.61.18 AIR QUALITY ANALYSIS AND MONITORING REQUIREMENTS: 29 A. Preapplication analysis. 30 (I) Any application for a permit under regulations approved pursuantto 40 CFR 51.166 (e.g. 31 20.11.61 NMAC) shall contain an analysis ofambient air quality in the area that the major stationary source or 32 major modification would affect for each ofthe following pollutants: 33 {a) for a major stationary source, each pollutantthat it would have the potential to emit in a 34 significant amount; or 35 (b) for a major modification, each pollutant for which it would result in a significant net 36 emission increase. 37 (2) Ifno NAAQS for a pollutant exists, and there is an acceptable method for monitoring that 38 pollutant, the analysis shall contain such air quality monitoring data as the department determines is necessary to 39 assess ambient air quality for that pollutant in any area that the emissions ofthat pollutant would affect. 40 (3) Forpollutants (otherthan nonmethane hydrocarbons) for which a standard does exist, the analysis 41 shall contain continuous air quality monitoring data gathered for purposes ofdetermining whether emissions ofthat 42 pollutant would cause or contribute to a violation ofthe standard or any maximum allowable increase. 43 (4) The continuous air quality monitoring data that is required shall have been gathered over a period 44 ofone year and shall represent the one year period preceding receipt ofthe permit application. The department has 45 the discretion to: 46 (a) determine that a complete and adequate analysis can be accomplished with monitoring data 47 gathered over a period shorterthan one year but not less than four months; or 48 (b) determine that existing air quality monitoring data is representative ofair quality in the 49 affected area and accept such data in lieu ofadditional monitoring by the applicant. 50 (5) Ozone monitoring shall be performed ifmonitoring data is required for volatile organic 51 compounds or oxides ofnitrogen. The owner or operator ofa proposed mlijor stationary source or major 52 modification ofvolatile organic compounds who satisfies all conditions of40 CFR Part 51 Appendix S, Section IV 53 may provide post-approval monitoring data for ozone in lieu ofproviding preconstruction data as required under S4 Subsection Aof20.11.61.18 NMAC. 

### 55 B. Post-construction monitoring. The owner or operator ofa major stationary source or major 56 modification shall, after construction ofthe stationary source or modification, conduct such ambient monitoring as

20.11.61 NMAC Public Review Draft 2/2012015 161 the department determines is necessary to determine the effect emissions from the stationary source ormodification 2 may have, orare having, on air quality in any area, including monitoringto validate attainment ofambient air 3 quality standards and to assure that increments are not exceeded. 4 C. Operation ormonitoring stations. The owner oroperator ofa major stationary source or major 5 modification shall meetthe requirements of40 CFR 58, Appendix B during the operation ofmonitoring stations for 6 purposes ofsatisfyingthe requirements ofSubsections A through C of20.11.61.18 NMAC. 7 

### D. Exceptions. The department has the discretion to exempt a proposed major stationary source or 8 major modification from the requirements ofSubsections A through C of20.11.61.18 NMAC with respect to 9 monitoring for a particular pollutant if: 10 (1) the emissions increase ofthe pollutant from a new stationary source orthe net emissions increase 11 ofthepollutant from a modification would cause, in any area, air quality impacts less than the levels listed in Table 12 3 of20.11.61.28 NMAC; 13 (2) the existing ambient concentrations ofthe pollutant in the area affected bythe source or 14 modification are less than the concentrations listed in Table 3 of20.11.61.28 NMAC; or 15 (3) the pollutant is not listed in Table 3 of20.11.61.28 NMAC. 16 [20.11.61.18 NMAC- Rp, 20.11.61.18 NMAC, 1/23/06; A, 8/30110; A, 5113113] 17 18 10.11.61.19 TEMPORARY SOURCE EXEMPTIONS: The requirements ofSubsection B of20.11.61.15 19 NMAC, 20.11.61.16 NMAC and 20.11.61.18 NMAC shall not apply to a major source ormodification with respect 20 to a particularpollutant, ifthe allowable emissions ofthat pollutant from the source, orthe net emissions increase of 21 that pollutant from the modification: would not impact any federal class I area or any areas where an applicable 22 increment is known to be violated; 

### and would be temporary. 23 [20.11.61.19NMAC- Rp, 20.11.61.19 NMAC, 1/23/06; A, 8/30110] 24 25 20.11.61.20 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs): 26 A. Applicability. 27 (1) The department may approve the use ofan actuals PAL, including for GHGs on either a mass 28 basis ora C02e basis, for any existingmajor stationary source orany existing GHG-only source ifthe PAL meets 29 the requirements of20.11.61.20 NMAC. The term "PAL" shall mean "actuals PAL" throughout 20.11.61.20 30 NMAC. 31 (2) Anyphysical change in or change in the method ofoperation ofa major stationary source ora 32 GHG-only source that maintains its total source-wide emissions belowthe PAL level, meets the requirements of 33 20.11.61.20 NMAC, and complies with the PAL permit: 34 (a) is not a majormodification for the PAL pollutant; 35 (b) does not have tobe approved through the plan's majorNSRprogram; 36 (c) is not subjectto the provisions in Subsection D of20.11.61.12 NMAC (restrictions on 37 relaxing enforceable emission limitations that the major stationary source used to avoid applicability ofthe major 38 NSRprogram); and 39 (d) does not make GHGs "subjectto regulation" as defined by Subsection CCC of20.11.61.7 40 NMAC. 41 (3) Except as provided under Subparagraph (c) ofParagraph (2) ofSubsection A of20.11.61.20 42 NMAC, a major stationary source or a GHG-on1y source shall continue to comply with all applicable federal orstate 43 requirements, emission limitations, and work practice requirements that were established priorto the effective date 44 ofthe PAL. 45 B. Definitions applicable to 10.11.61.10NMAC. 46 (I) Actuals PAL 

### for amajorstationarysource means a PAL based on the 

### baseline actual emissions 47 (as defined in Subsection I of20.11.61.7NMAC) ofall 

### emissions units (as defined in Subsection Y of20.11.61.7 48 NMAC) at the source, that emit orhave the potential toemit the PAL pollutant. For a GHG-only source, actuals 49 PAL means a PAL based on the 

### baseline actual emissions (as defined in Paragraph (13) ofSubsection B of 

### SO 20.11.61.20NMAC) ofall 

### emissions units (as defined in Paragraph ( 14) ofSubsection B of20.11.61.20 NMAC) at 51 the source, that emit orhave the potential to emit GHGs. 52 (2) Allowable emissions means "allowable emissions" as defined in Subsection F of20.11.61.7 53 NMAC, except as this defmition is modified in accordance with the following. 54 (a) The allowable emissions for any emissions unit shall be calculated considering any 

### SS emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.

20.11.61 NMAC Public Review Draft 2120/2015 17I (b) An emissions unit's potential to emit shall be determined using the definition in Subsection 2 SS of20.11.61.7 NMAC, except that the words "orenforceable as a practical matter'' should be added after 3 "federally enforceable". 4 (3) Small emissions unit means an emissions unit that emits orhas the potential to emit the PAL S pollutant in an amount less than the significant level for that PAL pollutant, as defined in Subsection ZZ of 6 20.11.61.7 NMAC or in the act, whichever is lower. Fora GHG PAL issued on a C02 e basis, small emissions 1 unit means an emissions unit that emits orhas the potential to emit less than the amount ofGHGs on a C02 e basis 8 defined as "significant'' for the purposes ofParagraph (3) ofSubsection CCC of20.11.61.7 NMAC at the time the 

### 9 PAL permit is being issued. 10 (4) Majoremissions unit means: II (a) Any emissions unit that emits orhas the potential to emit I00 tons peryear or more ofthe 12 PAL pollutant in an attainment area; or 13 (b) any emissions unit that emits orhas the potential to emitthe PAL pollutant in an amount 14 that is equal to or greaterthan the major source threshold for the PAL pollutant as defined bythe act for IS nonattainment areas. For example, in accordance with the definition ofmajor stationary source in Section I82(c) of 16 the act, an emissions unit would be amajor emissions unit for VOC ifthe emissions unit is located in a serious 17 ozone nonattainment area and it emits or has the potential to emit SO or more tons ofVOC per year. 18 (c) For a GHG PAL issued on a C02e basis, any emissions unit that emits or has the potential 19 to emit equal to or greaterthan the amount ofGHGs on a COz e basis that would be sufficient for a new source to 20 triggerpermitting requirements under Subsection CCC of20.11.61.7 NMAC at the time the PAL permit is being 21 issued. 22 (5) Plantwide appllcabUlty limitation (PAL) means an emission limitation expressed on a mass 23 basis in tons-per-year, orexpressed in tpy C02 e for a C02e-based GHG emission limitation, for a pollutant ata 24 major stationary source orGHG-only source, that is enforceable as a practical matter and established source-wide in 25 accordance with 20.11.61.20 NMAC. 26 (6) PAL effective date generally means the date ofissuance ofthe PAL permit. However, the PAL 27 effective date for an increased PAL is the date any emissions unit that is part ofthe PAL major modification 28 becomes operational and begins to emitthe PAL pollutant. 29 (7) PAL effective period means the periodbeginning with the PAL effective date and ending I0 30 years later. 31 (8) PAL major modification means, notwithstanding the definitions for majormodification, net 32 emissions increase and subject to regulation at Subsections II, PP and CCC of20.11.61.7 NMAC respectively, any 33 physical change in or change in the method ofoperation ofthe PAL source that causes it to emitthe PAL pollutant 34 at a level equal to or greaterthan the PAL. 35 (9) PAL permit means the majorNSR permit, the minor NSR permit, orthe state operating permit 36 under a program that is approved into the SIP, orthe title Vpermit issued by the department that establishes a PAL 37 for a major stationary source or a GHG-only source. 38 (10) PAL pollutant means the pollutant for which a PAL is established at a major stationary source 39 or a GHG-only source. For a GHG-only source, the only available PAL pollutant is GHGs. 40 (11) Significant emissions unit means an emissions unit that emits or has the potential to emit a PAL 41 pollutant in an amount that is equal to or greater than the significantlevel (as defined in Subsection ZZ of20.11.61.7 42 NMAC or in the act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit 43 as amajor emissions unit as defined in Paragraph (4) ofSubsection 8 of20.11.61.20 NMAC. Fora GHG PAL 44 issued on a C02 e basis, significant emissions unit means any emissions unit that emits orhas the potential to emit 45 GHGs on a C02 e basis in amounts equal to or greaterthan the amount that would qualify the unit as small 46 emissions unit as defined in Paragraph (3) ofSubsection 8 of20.11.61.20 NMAC, but less than the amount that 47 would qualify the unit as a major emissions unit as defined in Subparagraph (c) ofParagraph (4) ofSubsection 8 of 48 20.11.61.20 NMAC. 49 (12) GHG-only source means any existing stationary source that emits orhas the potential to emit SO GHGs in the amount equal to orgreaterthan the amount ofGHGs on a mass basis that would be sufficient for a new S1 source to trigger permittingrequirements for GHGs under Subsection 

### KK of20.11.61.7 NMAC and the amount of 52 GHGs on a COz e basis that would be sufficient for a new source to trigger permitting requirements for GHGs under 53 Subsection CCC of20.11.61.7 NMAC at the time the PAL permit is being issued, but does not emit orhave the S4 potential to emit any other non-GHG regulated NSR pollutant at or above the applicable major source threshold. A SS GHG-only source may only obtain a PAL for GHG emissions under 20.11.61.20 NMAC.

20.11.61 NMAC Public Review Draft 2120/2015 18

### 1 (13) Baseline actual emissions/or a GHGPAL 

### means the average rate, in tpy C02 

### e ortpy GHG, as 2 applicable, at which the emissions unit actually emitted GHGs during any consecutive 24-month period selected by 

### 3 the 

### owner or operatorwithin the 1 0-yearperiod immediately preceding eitherthe date the owner or operatorbegins 4 actual construction ofthe project, or the date a complete permit application is received by the administrator for a S 

### permitrequired under40 CFR 52.21 

### orby the department for a permit required by aplan, whichever is earlier. For 6 

### any existing electric utility steam generating unit, baseline actual emissions for a GHG PAL 

### means the average rate, 7 

### in tpy C02

### e ortpy GHG, as applicable, at which the emissions unit actually emitted the GHGs during any 8 consecutive 24-month period selected by the owner or operator within the 5-yearperiod immediately preceding 9 eitherthe date the owner or operatorbegins actual construction ofthe project, except that the administrator shall 1 0 allow the use ofa differenttime period upon adetermination that it is more representative ofnormal source 1 I operation. 12 (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions 13 associated with startups, shutdowns, and malfunctions. 14 (b) 

### The average rate shall be adjusted downward to exclude any non-compliant emissions that IS occurred while the source was operating above an emission limitation that was legally enforceable during the 16 consecutive 24-month period. 17 (c) The average rate shall be adjusted downward to exclude any emissions that would have 18 exceeded an emission limitation with which the stationary source must currently comply, had such stationary source 19 been required to comply with such limitations during the consecutive 24-month period. 20 (d) The average rate shall not be based on any consecutive 24-month period for which there is 21 inadequate information for determining annual GHG emissions and for adjusting this amount ifrequired by 22 Subparagraphs (b) 

### and (c) ofParagraph (13) ofSubsection Bof20.11.61.20 NMAC. 23 (14) Emissions unit with respect to GHGs 

### means any part ofa stationary source that emits or has the 24 potential to emit GHGs. For purposes of40 CFR 52.21, there are two types ofemissions units as described in the 2S 

### following: 26 (a) anew emissions unit is any emissions unitthat is (or will be)

### newly constructed and that 27 has existed for Jess than 2 years from the date such emissions unit first operated; 28 (b) 

### an existing emissions unit is any emissions unit that does not meetthe requirements in 29 Subparagraph {a) ofParagraph (14) ofSubsection B of20.11.61.20 NMAC. 30 (I

### 5) 

### Minor source means any stationary source that does not meet the definition ofmajorstationary 

### 31 so11rce 

### in Subsection 

### KK of20.1 1.61.7 NMAC for any pollutant at the time the PAL is issued. 32 C. 

### Permit application requirements. As part ofapermit application requesting a PAL, the owner 33 or operatorofa major stationary source or a GHG-only source shall submit the following information to the 34 department for approval. 3S (1) 

### A list ofall emissions units at the source designated as small, significant ormajorbased on their 36 potential to emit. In addition, the owner or operator ofthe source shall indicate which, ifany, federal or state 37 applicable requirements, emission limitations, or work practices apply to each unit. 38 (2) Calculations ofthe baseline actual emissions (with supporting documentation). Baseline actual 39 emissions are

### to include emissions associated not only with operation ofthe unit, but also emissions associated with 40 startup, shutdown, and malfunction. 41 (3) The calculation procedures that the major stationary source owneror operator proposes to use to 42 convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for 43 each month as required by Subsection M 

### of20.11.61.20 NMAC. 44 (4) As

### part ofapermit application requesting aGHG PAL, the owner or operator ofa major 45 stationary source 

### or a GHG-only source shall submit a statement by the source owner or operator that clarities 46 whetherthe source is an existing majorsource 

### as defined in Subparagraphs (a) and (b) 

### ofParagraph (1) 

### of 47 Subsection 

### KK of20.11.61.7 NMAC or a GHG-onlysource 

### as defined in Paragraph {12) ofSubsection B of 48 20.11.61.20 NMAC. 49 D. 

### General requirements for establishing PALs. SO (l) 

### The department may establish a PAL at a major stationary source or a GHG-only source, provided S

### 1 that at a minimum, the following requirements are met. 52 (a) The PAL shall impose an annual emission limitation expressed on amass basis in tons per 53 year, or expressed in tpy C02

### e, that is enforceable as apractical matter, for the entire major stationary source or 54 GHG-only source. For each month during the PAL effective period after the frrst 12 months ofestablishing aPAL, SS 

### the major stationary source or GHG-only source owneroroperator shall show that the sum ofthe monthly emissions 56 

### from each emissions unit under the PAL for the previous 12 consecutive months is Jess than the PAL (a 12-month

20.11.61 NMAC Public Review Draft 2120/2015 19

### 1 average, rolled monthly). Foreach month during the first II months fi:om the PAL effective date, the major 2 

### stationary source or GHG-only source owner or operator shall show that the sum ofthe preceding monthly 3 emissions fi:om the PAL effective date for each emissions unit under the PAL is less than the PAL. 4 (b) 

### The PAL shall be established in a PAL permit that meets the public participation S 

### requirements in Subsection E of20.11.61.20 NMAC. 6 (c) The PAL permit shall contain all the requirements ofSubsection G of20.11.61.20 NMAC. 7 (d) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions 8 units that emit orhave the potential to emitthe PAL pollutant at the major stationary source or GHG-only source. 9 

### (e) Each PAL shall regulate emissions ofonly one pollutant. 10 (f) 

### Each PAL shall have a PAL effective period of 10 years. 11 (g) 

### The owner or operator ofthe major stationary source or GHG-only source with a PAL shall 12 comply with the monitoring, recordkeeping, and reportingrequirements provided in Subsections Lthrough N of 13 20.11.61.20 NMAC for each emissions unit under the PAL through the PAL effective period. 14 (2) 

### At no time during or after

### the PAL effective period are emissions reductions ofa PAL pollutant IS 

### that occur during the PAL effective period creditable as decreases for purposes ofoffsets under40 CFR 16 S

### 1.165(a)(3)(ii) unless the level ofthe PAL is reduced by the amount ofsuch emissions reductions and such 17 reductions would be creditable in the absence ofthe PAL. 18 E. Public participation requlrements for PALs. PALs for existing major stationary sources or 19 GHG-only sources shall be 

### established, renewed, or increased, through 

### aprocedure that is consistentwitb 40 

### CFR 20 5

### 1.160 and 161. This includes the requirementthat tbe department provide the public with notice ofthe 

### proposed 21 approval ofa PAL permitand at least a 30-day period for submittal ofpublic comment. The department must 22 

### address all material comments beforetaking final action on the permit. 23 

### F. Settingthe 

### 1 0-year aetuals

### PAL leveL 24 (1) 

### Except as provided in Para&nPh (2) ofSubsection 

### Fof20.11.61.20 NMAC, tbe actuals PAL level 25 for amajor stationary source or aGHG-only source shall be established as the sum ofthe 

### baseline actual emissions 26 (as defined in Subsection 

### Iof20.11.61.7 NMAC or, for GHGs Paragraph (13) ofSubsection 

### Bof20.11.61.20 27 NMAC) ofthe PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable 28 significant level for the PAL pollutant under Subsection 

### Z:Z. of20.11.61.7 NMAC or underthe act, whicheveris 29 lower. When establishingthe actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must 30 be used to determinethe baseline actual emissions for aU existing emissions units. However, a different consecutive 31 24-month period may be used for each different PAL pollutant. Emissions associated with units that were 32 permanently shutdown afterthis 24-month period must be subtracted fi:om the PAL level. The department shall 33 specifY a reduced PAL level(s) (in tonslyr) in the PAL permitto become effective on the future compliance date(s) 34 ofany applicable federal or state regulatoryrequirement(s) thatthe 

### department is aware ofpriorto issuance ofthe 3S 

### PAL permit. For instance, ifthe source owner oroperatorwill be required to reduce emissions from industrial 36 boilers in halfftom baseline emissions of60

### ppm NOx to a new rule limit of30ppm, then thepennit shall contain a 37 future effective PAL level that is equal to the current PAL level reduced by halfofthe original baseline emissions of 38 such unit(s). 39 (2) For newly constructed units (which do not include modifications to existing units) on which 40 actual construction began after the 

### 24-month period, in lieu ofadding the baseline actual emissions as specified in 41 Paragraph (I)

### ofSubsection F

### of20.11.61.20NMAC, the emissions mustbe added to the PAL level in an amount 42 equal to the potential to emit ofthe units. 43 (3) 

### For COz e based GHG PAL, the actuals PAL level shall be 

### established as the sum ofthe GHGs 44 

### baseline actual emissions 

### (aS defined in Paragraph {13) ofSubsection B 

### of20.11.61.20 NMAC) ofGHGs foreach 

### 4S emissions unit at

### the source, plus an amount equal to the amountdefined as "significant

.. on a C01 

### e basis forthe 46 

### purposes ofParagraph (3) ofSubsection CCC of20.11.61.7NMAC atthe time the PAL permit is being issued. 47 When 

### establishing the 

### actuals PAL level for a C01

### e-based PAL, only one consecutive 24-month period must be 48 used

### to determine the baseline actual emissions for all existing emissions units. Emissions associated with units that 49 were permanently shut down after this 24-month period must be subtracted from the PAL level. The department SO 

### shall specifY a reduced PAL level (in tpy C02 

### e) in the PAL permit to become effective on the future compliance 51 date(s) ofany applicable federal or state regulatory requirement(s) that the department is aware ofpriorto issuance 52 ofthe PAL permit. 53 

### G. Coatents 

### ofthe PAL permit. The PAL permit shall contain, at 

### aminimum, the following S4 

### information. 55 (I) 

### The PAL pollutant and the applicable source·wide emission limitation in tons per

### yearortpy 

### C02 S6 

### e.

20.11.61 NMAC Public Review Draft 2120/20

### 15 20

### 1 (2) The PAL pennit effective date and the expiration date ofthe PAL (PAL effective period). 2 (3) Specification in 

### the PAL permitthat ifamajor stationary source or a GHG-only source owner or 3 operator applies to renew a PAL in accordance with Subsection 

### J of20.11.61.20 NMAC before the end ofthe PAL 4 effective period, then the PAL shall not expire at the end ofthe PAL effective period. It shall remain in effect until a S 

### revised PAL pennit is issued by

### the department. 6 

### (4) Arequirementthat emission calculations for compliance purposes include emissions from 7 startups, shutdowns and malfunctions. 8 (5) Arequirementthat, once the PAL expires, the major stationary source or GHG-only source is 9 subject to 

### the requirements ofSubsection I of20.11.61.20 NMAC. I0 (6) The calculation procedures that the major stationary source or GHG-only source owner or II operator shall use to convert the monitoring system datato monthly emissions and annual emissions based on a 12- 12 month rolling total for each month as required by Paragraph (1) ofSubsection M of20.11.61.20 NMAC. 13 (7) 

### Arequirementthat the major stationary source or GHG-only source owner or operatormonitor all 14 emissions units in accordance with the provisions under Subsection Lof20.11.61.20 NMAC. 1 S 

### (8) Arequirementto retain the records required under Subsection Mof20.11.61.20 NMAC on site. 16 Such records may be retained in an electronic format. 17 (9) Arequirementto submitthe 

### reports required under Subsection N of20.11.61.20 NMAC by the 18 required deadlines. 19 (10) Any other requirements that the department deems necessary to implement and enforce the PAL. 20 (II) 

### Apermit for a GHG PAL issued to a GHG-only source shall also include a statement denoting 21 that GHG emissions at the source will not be subjectto regulation under Subsection CCC of20.11.61.7NMAC as 22 

### long as the source complies with the PAL. 23 H. PAL 

### effective period and reopening ofthe PAL

### permit. 24 (1) PAL

### effective period. The PAL effective period shall be 10 years. 25 (2) Reopening ofthe PAL permit. 26 (a) During the PAL effective period, the department shall reopen the PAL permitto: 27 (i) correcttypographicaVcalculation errors 

### made in settingthe PAL orreflect a more 28 accurate determination ofemissions used to establish the PAL; 29 (ii) 

### reduce the PAL ifthe owner or operator ofthe major stationary source creates 30 creditable emissions reductions for 

### use as offsets under40 CFR S

### 1.165(a)(3Xii); and 31 (iii) 

### revise the PAL to reflect an increase in the PAL as provided under Subsection Kof 32 20.11.61.20 NMAC. 33 (b) 

### The department may reopen the PAL permit for the following: 34 (i) to reduce the PAL to reflect newly applicable federal requirements (for example, 35 NSPS) with compliance dates afterthe PAL effective date; 36 (ii) to reduce the PAL consistent with any otherrequirement, that is enforceable as a 37 practical matter, and that the department may impose on the major stationary source or GHG-only source under the 38 plan; and 39 (iii) 

### to reduce the PAL ifthe department determines that areduction is necessary to avoid 40 causing orcontributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related 41 values (AQRV) that has 

### been identified for a federal class I area by a federal land manager and for which 42 information is available to the general public. 43 (c) Except for the permit reopening in Item (i) ofSubparagraph (a) ofParagraph (2) of 44 

### Subsection Hof20.11.61.20 NMAC for the correction oftypographicaVcalculation errors that do not increase the 45 PAL level, all reopenings shall be carried out in accordance with the public participation requirements ofSubsection 46 Eof20.11.61.20 NMAC. 4 7 1. 

### Expiration of

### a PAL. 

### Any PAL that is notrenewed in accordance with the procedures in 48 Subsection 

### J of20.11.61.20 NMAC shall expire at the end ofthe PAL effective period, and the requirements in 49 Subsection I of20.11.61.20 NMAC shall apply. SO ( 1) 

### Each emissions unit, or each group ofemissions units, that existed under the PAL shall comply 51 with an allowable emission limitation under arevised permit established according to the procedures in Paragraph 52 (1) ofSubsection I 

### of20.11.61.20 NMAC. 53 (a) Within the time frame specified for PAL renewals in Paragraph (2) ofSubsection J 

### of S4 

### 20.11.61.20 NMAC, the major stationary source or GHG-only source shall submit aproposed allowable emission SS 

### limitation for each emissions unit, (or each group ofemissions units, ifsuch a distribution is more appropriate as 

### 56 decided by the department), by distributing the PAL allowable emissions for the major stationary source or GHO20.11.61 NMAC Public Review Draft 2/20/2015 211 only source among each ofthe emissions units that existed under the PAL. lfthe PAL had not yetbeen adjusted for 2 an applicable requirement thatbecame effective during the PAL effective period, as required under Paragraph (5) of 3 Subsection J of20.11.61.20 NMAC, such distribution shall be made as ifthe PAL had been adjusted. 4 (b) The department shall decide whether and how the PAL allowable emissions will 

### be S distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of 6 emissions units, as the department determines is appropriate. 7 (2) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling 8 basis. The department may approve the use ofmonitoring systems (source testing, emission factors, etc.) other than 9 CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. 10 (3) Until the department issues the revised permit incorporating allowable limits for each emissions 11 unit, oreach group ofemissions units, as required under Subparagraph (b) ofParagraph (1) ofSubsection 1of 12 20.11.61.20 NMAC, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to 13 the level ofthe PAL emission limitation. 14 (4) Any physical change or change in the method ofoperation at the major stationary source or GHG1 S only source will be subject to majorNSRrequirements ifsuch change meets the definition ofmajor modification in 16 Subsection II of20.11.61.7 NMAC. 17 (5) The major stationary source owner or operator shall continue to comply with any state orfederal 18 applicable requirements (BACT, RACT, NSPS, etc.) that may have applied eitherduring the PAL effective period 19 orprior to the PAL effective period except for those emission limitations that had been established pursuantto 20 Subsection D of20.11.61.12 NMAC, but were eliminated by the PAL in accordance with the provisions in 21 Subparagraph (c) ofParagraph (2) ofSubsection A of20.11.61.20 NMAC. 22 

### J. Renewal ofa PAL. 23 (I) The department shall follow the procedures specified in Subsection E of20.11.61.20 NMAC in 24 approving any request to renew a PAL for a major stationary source or a GHG-only source, and shall provide both 25 the proposed PAL level and a written rationale for the proposed PAL level to the public forreview and comment. 26 During such public review, any person may propose a PAL level for the source for consideration bythe department. 27 (2) Application deadline. A major stationary source orGHG-only source owner or operator shall 28 submit a timely application to the department to request renewal ofa PAL. A timely application is one that is 29 submitted at least six months priorto, but not earlierthan 18 months from, the date ofpermit expiration. This 30 deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. Ifthe 31 owner oroperator ofa major stationary source or GHG-only source submits a complete application to renew the 32 PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed 33 PAL is issued. 34 (3) Application requirements. The application to renew a PAL permit shall contain the following 35 information. 36 (a) The information required in Subsection C of20.11.61.20 NMAC. 37 (b) A proposed PAL level. 38 (c) The sum ofthe potential to emit ofall emissions units under the PAL, with supporting 39 documentation. 40 (d) Any other information the owner or operator wishes the department to consider in 41 determining the appropriate level for renewing the PAL. 42 (4) PALadjustment. In determining whether and how to adjust the PAL, the department shall 43 considerthe options outlined in Subparagraphs (a) and (b) ofParagraph (4) Subsection 

### J of20.11.61.20NMAC. 44 However, in no case may any such adjustment fail to comply with Subparagraph (c) ofParagraph 4 ofSubsection 

### J 45 of20.11.61.20 NMAC. 46 (a) lfthe emissions level calculated in accordance with Subsection F of20.11.61.20 NMAC is 47 equal to or greater than 80 percent ofthe PAL level, the department may renew the PAL at the same level without 48 considering the factors set forth in Subparagraph (b) ofParagraph (4) ofSubsection 

### J of20.11.61.20 NMAC; or 49 (b) the department may setthe PAL at a level that it determines to be more representative of SO the source's baseline actual emissions, orthat it determines to be appropriate considering air quality needs, advances 51 in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary 52 emissions reductions, or otherfactors as specifically identified by the department in its written rationale. 53 (c) Notwithstanding Subparagraphs (a) and (b) ofParagraph (4) ofSubsection 

### J of20.11.61.20 54 NMAC: 55 (i) ifthe potential to emit ofthe major stationary source or GHG-only source is less than 56 the PAL, the department shall adjust the PAL to a level no greater than the potential to emit ofthe source; and

20.11.61 NMAC Public Review Draft 2120120 1 S 221 (ii) the department shall not approve arenewed PAL level higherthan the current PAL. 2 unless the major stationary source or GHG-only sourcehas complied with the provisions ofSubsection K of 3 20.11.61.20 NMAC, 

### Increasing aPAL during the PAL effectiveperiod. 4 (S) Ifthe compliance 

### date for 

### astate or

### federal requirement that applies to the PAL source occurs 5 during the PAL effective period, and ifthe department has not already adjusted for such requirement, the PAL shall 

### 6 be adjusted at the time ofPAL permitrenewal orTitle V permitrenewal, whichever

### occurs first. 7 K. Increasing a PALdaringtbe PALeffective period. 8 (1) The department may increase a PAL emission limitation only ifthe major stationary source or 9 GHG-on1y source complies withthe following provisions. 10 (a) The owner oroperator ofthe major stadonary source orGHG-only source shall submit a II complete application to request an increase in the PAL limit for a PAL major modificadon. Such application shall 12 idendfy the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary or GHG13 only source's emissions to equal or exceed its PAL. 14 (b) Aspartofthis application, the major stationary source orGHG-only source owneror IS operatorshall demonstrate that the sum ofthe baseline actual emissions ofthe small emissions units, plus the sum of 16 the baseline actual emissions ofthe significant andmajor emissions units assuming applicadon ofBACT equivalent 17 controls, plus the sum oftheallowable emissions ofthe new or modified emissions unit(s), exceeds the PAL. The 18 level ofcontrol thatwould result from BACTequivalentcontrols on each significant ormajor emissions unit shall 19 be determined by conducting a new BACT analysis atthe time the applicadon is submitted, unless the emissions 20 unit is currently required tocomply with a BACTorLAER requirement that 

### was established within the preceding 21 10years. In such a 

### case, the assumed control level for that emissions unit shall be equal to the level ofBACT or 22 LAER with which that emissions unit must currently comply. 23 (c) The owner or operator obtains a majorNSR permit for all emissions unit(s) identified in 24 Subparagraph (a) ofParaaraph (I) ofSubsecdon B of20.11.61.20 NMAC, regardless ofthe magnitude ofthe 25 emissions increase resulting from them, that is, no significant levels apply. These emissions unit(s) shall comply 26 with any emissions requirements resuldng from the majorNSR process, for example, BACT, even though they have 27 also become subjectto the PAL orcontinue to be subjecttothe PAL. 28 (d) The PAL permit shall require that the increased PAL level shall be effective on the day any 29 emissions unit that is partofthe PAL major modification becomes operational andbegins to emitthe PAL pollutant. 30 (2) 

### The department shall calculate the new PAL as the sum ofthe allowable emissions for each 31 modified ornew emissions unit, plus the sum ofthe baseline actual emissions ofthe significant and major emissions 32 units (assuming application ofBACT equivalentcontrols as determined in accordance with Subparagraph (b)of 33 Paragraph (I)ofSubsecdon K of20.11.61.20 NMAC), plus the sum ofthe baseline actual emissions ofthe small 34 emissions units. 3S (3) The PAL permit shall be revised toreflect

### the increased PAL level pursuantto the public notice 36 requirements ofSubsection E of20.11.61.20 NMAC. 37 L. Monitoring requirements for PALs. 38 (I) General requirements. 39 (a) Each PAL permit must contain enforceable requirements for the monitoring system that 40 accurately determines plantwide emissions ofthe PAL pollutant in terms ofmass perunit oftime 

### or C0 2 

### eper unit 41 

### of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet 42 generally acceptable sciendfic procedures for data quality and manipuladon. Additionally. the information 43 generated by such system must meet minimum legal requirements for admissibility in ajudicial proceedingto 44 enforce the PAL permit. 45 (b) The PAL monitoring system must employ one ormore ofthe four general monitoring 46 approaches meedng the minimum requirements set forth in Paragraph (2) ofSubsection Lof20.11.61.20 NMAC 47 and must be approved bythe department. 48 (c) Notwithstanding Subparagraph (b) ofParagraph (1) ofSubsection Lof20.11.61.20 NMAC. 49 you may also employ an alternative monitoring approach that meets Subparagraph (a) ofParagraph (1) of SO Subsecdon L of20.11.61.20NMAC ifapproved by the department. S

### 1 (d) Failureto 

### use a monitoring system that meets the requirements of20.

### 11.61.20NMAC 52 renders the PAL invalid. S3 (2) Minimum performance requirements for approved monitoring**approa~bes.** The following S4 are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in SS Paraaraphs (3) through (9) ofSubsection Lof20.1 1.61.20 NMAC: S6 (a) mass balance calculations for acdvities using coatings or solvents;

20.11.61 NMAC Public Review Draft2!20120IS 23

### 1 (b) 

### CEMS; 2 (c) CPMS or

### PEMS; and 3 

### (d) emission factors. 4 (3) 

### Mass balaneeealenlations. An owneroroperatorusing mass balance calculations to monitor S 

### PAL pollutant emissions from activities using coating or solvents shall meet the following requirements: 6 (a) provide a demonstrated means ofvalidating the published content ofthe PAL pollutantthat 7 is contained in or

### created by 

### all materials used in or at the emissions unit; 8 (b) 

### assume that the emissions unit emits all ofthe PAL pollutantthat is contained in orcreated 9 

### by any raw material or fuel used in or atthe emissions unit, ifit cannot otherwise be accounted for in the process; 10 and 11 (c) 

### where the vendorofa material orfuel. which is used in or

### at the emissions unit, publishes a 12 range 

### ofpollutant content from such material, the owner oroperatormust use the highest value ofthe range to 13 calculate the PAL pollutantemissions unless the department determines there is site-specific data or a site-specific 14 monitoring program to support another content within the 

### range. tS (4) 

### CEMS. An 

### owner or

### operatorusing CEMS to monitor PAL pollutant emissions shall meetthe 16 following requirements: 17 (a) CEMS must comply with applicableperformance specifications found in 40 CFRpart60, 18 Appendix B; and 19 (b) 

### CEMS must sample, analyze, and record data at least every 15 minutes while the emissions 20 unit is operating. 21 (S) 

### CPMS orPEMS. An 

### owner or 

### operatorusing CPMS orPEMS to monitor PAL pollutant 22 emissions shall meet the following requirements: 23 (a) the CPMS or

### the PEMS must be based on current site-specific data demonstrating a 24 correlation between the monitored parameter(s) and the PAL pollutant emissions across the range ofoperation ofthe 2$ emissions unit; and 26 (b) 

### each CPMS orPEMS must sample, analyze, and record data at least every 15 minutes, or at 27 another less frequent interval approved by the department, while the emissions unit is operating. 28 (6) Emission factors. An 

### owner oroperatorusing emission factors to monitor PAL pollutant 29 emissions shall meetthe following requirements: 30 (a) all emission factors shall be adjusted, ifappropriate, to account for the degree ofuncertainty 31 or limitations in the factors' development; 32 (b) 

### the emissions unit shall operate within the designated range ofuse forthe emission factor, if 33 applicable; and 34 (c) iftechnically practicable, the owner or operatorofa significantemissions unit thatrelies on 

### 35 an emission factor to calculate PAL pollutantemissions shall conduct validation testing to determine a site-specific 36 emission factor within six months ofPAL permit issuance, unless the department determines thattesting is not 37 required. 38 (7) 

### A source owneroroperatormustrecord and report maximum potential emissions without 39 considering enforceable emission limitations or operational restrictions for an emissions unit during any period of 40 time that there is no monitoring data, unless anothermethod for determining emissions during such periods is 41 specified in the PAL permit. 42 (8) Notwithstanding the requirements in Paragraphs (3)

### through (7) 

### ofSubsection L of20.11.61.20 43 NMAC, where an 

### owner or operator ofan emissions unit cannot demonstrate a correlationbetween the 

### monitored 44 

### parameter(s) and the PAL pollutant emissions rate atall operating points oftheemissions unit, the department shall. 45 atthe time ofpermit issuance: 46 

### (a) establish defauh value(s) for determining compliance with the PAL based on the highest 47 potential emissions reasonably estimated at such operating point(s); or 48 (b) 

### determine that operation ofthe emissions unit during operating conditions when there is no 49 correlation between monitored parameter(s) and the PAL pollutantemissions is a violation ofthe PAL. SO (9) 

### Revalidation. All 

### data used to establish the PAL pollutantmustbe revalidated through S



### 1 performance testing or other scientifically valid means approved by the department. Such testing must occur at 

### least 52 

### once every five 

### years after issuance ofthe PAL. 53 M. Recordkeeping requirements. 54 (1) 

### The PALpermit shall require an owner or operatorto retain a copy ofall records necessaryto 55 determine compliance with any requirement of20.11.61.20 NMAC and ofthe PAL, including a determination of 56 each emissions unit's 12-monthrolling total emissions, for five years from the date ofsuch record.

20.11.61 NMAC Public Review Draft212012015 

### 24I (2) The PAL pennit shall require an owneroroperatorto retain a copy ofthe following 

### recon:ls, for 2 

### the duration ofthe PAL effective period plus five years: 3 (a) a copy ofthe PALpermit application and any applications forrevisions to the PAL; and 4 (b) 

### each annual certification ofcompliance pursuantto 20.11.42 

### NMAC, 

### OperatingPermits, S and the 

### datarelied on in certifyingthe compliance. 6 N. Reporting and notification requirements. The owner or operator shall submit semi-annual 7 monitoring reports and prompt deviation reports to the department in accordance with 20.11.42 

### NMAC, 

### Operating 8 

### Permits. The reports shall meet the following requirements. 9 (1) Semi-annual reporL The semi-annual report shall be submitted to the department within 30 days 10 ofthe end of

### each reporting period. This report shall contain the following information. 11 (a) The identification ofownerand operator and the permitnumber. 12 (b) Total annual emissions (expressed on a mass-basis in tonsfyear, or expressed in tpy C02e) 13 based on a 12-month rolling totaJ for each month in the reporting"period recorded pursuantto Paragraph (1) of 14 Subsection Mof20.11.61.20

### NMAC. IS (c) All datarelied

### upon, including, but notlimited to, any quality assurance orquality control 16 data, in calculating the monthly 

### and annual PAL pollutantemissions. 17 (d) A list ofany emissions units modified oradded to the major stationary source orGHG-only 18 

### source during the precedin& six-month period. 19 (e) The number, duration, and cause ofany deviations or monitoring malfunctions (otherthan 20 the time associated with 

### zero and span calibration checks), and any corrective action taken. 21 (f) A notification ofa shutdown ofany monitoring system, whetherthe shutdown was 22 permanent ortemporary, the reason for the shutdown, the anticipated date thatthe monitoring system will be fully 23 operational orreplaced with anolher monitoring system, and whether the emissions unit monitored bythe 24 monitoring system continued to operate, and the calculation ofthe emissions ofthe pollutant orthe number 25 determined by method included in the permit, as provided by Paragraph (7) ofSubsection L of20.1 1.61.20

### NMAC. 26 (g) A signed statementbythe responsible official as defined by 20.11.42.7 NMACcertifying 27 the truth, accuracy, and completeness ofthe information provided in the report. 28 (2) Deviation report. 

### The major stationary source orGHG-only source owner or operatorshall 29 promptly submitreports ofany deviations orexceedance ofthe PALrequirements, including periods where no 30 monitoring is available. Areport submitted pursuantto40 

### CPR 70.6(a)(3)(iii)(B) shall satisfy this reporting 31 requirement The deviation reports shall 

### be submitted within the time limits prescribed by the applicable program 32 implementing 40 

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

### The reports shall contain the following information: 33 (a) the identification ofowner and operator and the permit number; 34 (b) the PAL requirement that experienced the deviation orthat was exceeded; 3S (c) emissions resulting from the deviation orthe exceedance; and 36 (d) a signed statementbythe responsible official as defined by 20.11.42.7 

### NMAC certifying 37 the truth, accuracy, and completeness ofthe information provided in the report. 31 (3) Revalidation results. The owner or operator shall submitto the department the results ofany 39 revalidation test or method within three months after completion ofsuch test or method. 40 0. Transition requirements. 41 (I) The department may not issue a PAL that does not comply with the requirements ofSubsections 42 Athrough 0 of20.11.61.20 NMACafter March 3, 2003. 43 (2) The department may supersede any PAL which was established priorto March 3, 2003 with a 

### 44 PALthat complies with the requirements ofSubsections Athrough 

### 0 of20.11.61.20 

### NMAC. 4S [20.11.61.20 

### NMAC •N, 1/23/06; A, 8/30/10; A, 1/10/11; A, 5113/13] 46 47 10.11.61.21 PUBLIC PARTICIPATION AND NOTIFICATION: 48 A. The department shall, within 30 days afterreceipt ofan application, review such application and 49 determine whether it is administratively complete orthere is any deficiency in the application orinformation SO submitted. To 

### be deemed administratively complete, the application must meet the requirements of20.11.6l.13 S1 

### NMAC in addition to the requirements of20.11.41 

### NMAC. Ifthe application is deemed: 

### S2 (1) administratively complete, a letterto that effect shall 

### be sentby certified mail to the applicant; 53 (2) administratively incomplete, a letter shall be sent by certified mail to the applicant stating what 

### S4 additional information orpoints ofclarification are necessary to deem the application administratively complete; SS upon receipt ofthe additional information orclarification, the department shall promptly review such information S6 and determine whetherthe application is administratively complete;

20.11.61 

### NMAC Public Review Draft 21201201S 251 (3) administratively complete but no permit is required, a letter shall be sent by certified mail to the 2 applicant infonning the applicantofthe detennination. 

### 3 B. Forpurposes ofdeterminiDI minor source baseline datepunuantto 40 

### CFR51: 4 (1) an application is complete when it contains all the infonnation necessary for processing the S application; designating an application complete for purposes of40 CFR S1does not precludethe department ftom 6 requesting oraccepting any additional information; and 7 (2) in the event that additional infonnation is submitted to remedy any deficiency in the application 8 or infonnation submitted, the date ofreceipt ofthe application shall be the date on which the departmentreceived all 9 required infonnation. 10 

### C. Witbia one year after receipt ofa complete application, the department shall: 11 (1) Make a preliminary detennination whether construction should be approved, approved with 12 conditions, ordisapproved. 13 (2) Make available at the department district and local office nearestto the proposed source a copy of 14 all materials the applicant submitted, a copy ofthe preliminary determination, and a copy or summary ofother 15 materials, ifany, considered in making the preliminary detennination. 16 (3) Notifythe public by advertisement in a newspaperofgeneral circulation in the area in which the 17 proposed source would be constructed: 18 (a) ofthe application; 19 (b) the preliminary detennination; 20 (c) the degree ofincrement consumption that is expected from the source ormodification; and 21 (d) ofthe opportunity for comment at apublic hearing as well as written public comment; the 22 public comment period shall be for 30 days from the date ofsuch advertisement. 23 (4) Send a copy ofthe notice ofpublic commentto: 24 (a) the applicant; 25 (b) the administrator; and 26 (c) officials and agencies havingjurisdiction overthe location where the proposed construction 27 would occuras folJows: any other state or local airpollution control agencies; the chiefexecutives ofthe city and 28 county where the source would be located; any comprehensive regional land use planning agency; and any state, 29 federal land manager, or Indian governingbody whose lands may beaffected by emissions ftom the source or 30 modification. 31 (5) Provide opportunity for a public hearing for interested persons to 

### appearand submit written or 32 oral comments on the air quality impact ofthe source, alternatives to it, the control technology required, and other 33 appropriate considerations. 34 (6) Consider all written comments submitted within atime specified in the notice ofpublic comment 35 and all comments received at any public hearing(s) in making a final decision on the approvability ofthe 36 application. The department shall make all comments available for public inspection in the same locations where 37 the department made available prcconstruction information relating to 

### the proposed source or modification. 38 (7) Within 180 days after an application is deemed administratively complete, unless the director 39 grants an extension notto exceed 

### 90 days for good cause: 40 (a) make a final detennination ofwhether construction should be approved, approved with 41 conditions, ordisapproved; and 42 (b) notify the applicant in writing ofthe final determination and make such notification 43 available for public inspection at the same location where the department made available preconstruction 44 infonnation andpublic comments relatingto the source. 

### 4S [20.1 1.61.21 NMAC- N, 1/23/06;

### A. 8/30/10] 46 47 20.11.61.22 STACK HEIGHTCREDIT: The department shall review all applications in accordance with 48 the provisions of20.11.43 NMAC, 

### Stacie Heights Requirements. 49 [20.11.61.22 NMAC- Rp, 20.11.61.19 NMAC, 1/23/06] 

# so 51 20.11.61.23 EXCLUSIONS FROMINCREMENT CONSUMPTION: 52 A. Following a public hearing, the directormay exclude the following concentrations in determining 53 compliance with a maximum allowable increase: 54 (1) concentrations attributable tothe increase in emissions ftom stationary sources which have 

### SS converted from the use ofpetroleumproducts, natural 

### gas, or both by reason ofan order in effect under Section 2 (a)

20.11.61 NMAC Public Review Draft 2/20/201 S 26

### 1 and (b) 

### ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), overthe 2 emissions from such sources before the effective date ofsuch an order; 3 (2) concentrations attributable to the increase in emissions from sources which have converted from 4 using natural 

### gas by reason ofnatural gas curtailmentplan in effect pursuantto

### the Federal PowerAct, over

### the S 

### emissions from such sources before the effective date ofsuch plan; 6 (3) concentrations ofparticulate matter attributable to 

### the increase in 

### emissions from construction or 1 

### othertemporary emission-related activities ofnew ormodified sources; & (4) the increase in concentrations attributable to new sources outside the United States over the 9 concentrations attributable to existing sources which are 

### included in 

### the baseline concentration; and 10 (S) concentrations attributable to the temporary increase in emissions ofsulfurdioxide, particulate 

### It matter, ornitrogen oxides from stationary sources which 

### are affected by 

### plan revisions approved bythe 12 administrator as meeting the criteria specified in Subsection D 

### of20.11.61.23 NMAC. 13 B. 

### Ifthe plan provides that the concentrations to which Paragraph (I)

### or (2) ofSubsection A of 14 20.11.61.23 NMAC refers, shall be 

### excluded, it shall also provide that no exclusion ofsuch concentrations shall IS apply more than five years after the effective date ofthe orderto which Paragraph (I)ofSubsection A of 16 20.11.61.23 NMAC refers, ortheplan to which Paragraph (2) ofSubsection Aof20.11.61.23 NMAC refers, 17 whichever is applicable. Ifboth such orderand plan are 

### applicable, no such exclusion shall apply more than five 18 years after the later ofsuch effective dates. 19 C. 

### [Reserved] 20 D. 

### For purposes ofexcluding concentrations pursuantto 

### Paragraph (S) 

### ofSubsection Aof 21 20.11.61.23 NMAC, the administrator may approve aplan revision that: 22 (I) 

### specifies the time over which the temporary emissions increase ofsulfur dioxide, particulate 23 matter, or nitrogen oxides would occur such time is not to exceed 2 years in duration unless a longertime is 24 approved bythe administrator; 25 (2) specifies that the time period for excluding certain contributions in accordance with Paragraph (I) 

### 26 ofSubsection D 

### of20.11.61.23 NMAC, is notrenewable; 21 (3) allows no emissions increase from a stationary source which would: 28 (a) impact a class I 

### area oran 

### area where an applicable increment is known to be violated; or 29 (b) 

### cause orcontribute to the violation ofa NAAQS; 30 (4) requires limitations to be in effectthe end ofthe time period specified in accordance with 31 Paragraph (1) ofSubsection D 

### of20.11.61.23 NMAC, which would ensure that the emissions levels from stationary 32 sources affected bythe plan revision would not exceed those levels occurring from such sources before the plan 33 revision was approved. 34 (20.11.61.23 NMAC- Rp, 20.11.61.21 NMAC, 1123/06; A, 8/30/10; A, S/13/13) 35 36 20.11.61.24 SOURCES IMPACTING FEDERALCLASS I AREAS- ADDITIONAL 

### 37 REQUIREMENTS: 

### 3& A. 

### Notice to EPA. 

### The department shall transmit to the administrator and the federal land managera 39 copy ofeach permit application relating to a major stationary source ormajor modification proposing to 

### locate 40 within 100 kilometers ofany federal class I area. 

### The complete permit application shall be 

### transmitted within 30 41 days ofreceipt and 60 days priorto 

### any public hearing onthe application. The department shall include all relevant 42 information in the permit application. Relevant information shall include an analysis ofthe proposed source's 43 anticipated impacts on visibility in 

### the federal class I 

### area. The department shall consult with all affected federal 

### 44 land man&&ers 

### as to 

### the completeness ofthe permit application and shall consider any analysis performed by the 45 

### federal land manager concerningthe impact ofthe proposed major stationary source or major modification on 46 AQRV. This consideration shall include visibility, ifsuch analysis is received within 30 days after the federal land 47 managerreceives a copy ofthe complete application. Additionally, the department shall notify any affected federal 48 land man&&erwithin 30 days from the date the departmentreceives a request for apre-application meeting from a 49 proposed source subjectto 20.11.61 NMAC. Notice shall be provided to 

### the administrator and federal land manager SO 

### ofevery action related to

### the consideration ofsuch permit. 

### The department shall also provide the federal land 51 manager and the administrator with acopy ofthe preliminary determination required under 20.11.61.21 NMAC and 52 shall make availableto them any materials used in making that determination. In any case where the department 53 disagrees with 

### the federal land manager's analysis ofsource impact on AQRV, the department shall, eitherexplain 

### S4 its decision or give notice to 

### the federal land manager as to where the explanation can be 

### obtained. In

### the case SS 

### where the department disagrees with the federal land manager's analysis, the departmentwill also explain its

20.11.61 NMAC Public Review Draft21201201 S 

### 27

### I decision 

### orgive notice to 

### the public 

### by advertisement in a newspaper ofgeneral circulation in the area in which the 2 proposed source would be 

### constructed, as to where the decision can be 

### obtained. 

### 3 B. 

### The department shall transmit to 

### airquality control agencies ofneighboring states and Indian 4 governing bodies a copy ofeach

### permit application having

### the potential to affect 

### federal class I areas 

### or increment S 

### consumption in 

### areas undertheirjurisdiction. The department shall also 

### provide the affected airquality control 6 

### agencies and Indian governing bodies with acopy ofthe preliminary determination required under20.11.61.21 7 NMAC and shall make available to them 

### any materials used 

### in making thatdetermination. The department shall 8 include a 

### provision for a 60 

### day commentperiod for the federal 

### land managers before 

### any public hearing on a

### permit 9 

### applic:ation is held. I

### 0 C.**Denial~** 

### Impact on AQRV: The federal land manager 

### ofany such lands may demonstrate to 

### the II 

### department that the emissions from aproposed source ormodification would have an adverse impacton the AQRV 12 (includingvisibility}, ofthose lands, notwithstanding thatthe change in air quality resulting from emissions from 13 suchproposed source ormodification would not

### cause orcontribute to 

### concentrations which would exceedthe 14 maximum aUowable 

### increases for a federal 

### class I area. 

### Ifthe department concurs with such demonstration, then the IS source 

### shall not be 

### issued apermit 

### 16 D. 

## aass I waiven: 

### The owner or operator ofa proposed source ormodification may demonstrate to 

### 17 the federal 

### land 

### managerthat the emissions from such proposed source 

### ormodification would have no 

### adverse 18 impact on the 

### AQRV ofany such lands (including visibility}, notwithstanding thatthe 

### change in airquality resulting 19 from emissions from such source 

### ormodification would cause orcontribute to concentrations which would exceed 20 the maximum aUowable increases for a federal class I 

### area. Ifthe federal land manager concurs with such 21 demonstration and so 

### certifies to the department. the department may:provided, 

### thatthe 

### applicable requirements are 22 

### otherwise met. issue the 

### permit with such emission limitations as may be

### neccssatyto 

### assure that emissions ofsulfur 23 dioxide, PMu. PM 1 o

### and oxides ofnitrogen would not exceed the maximum allowable increases overminor source 24 baseline concentrations for such pollutants, as shown in Table 

### 5of20.11.61.30 NMAC. 25 

### :E. Forthe 

### case where the federal land managerdoes not perform an impact analysis with respectto 26 visibility impairment in a federal class I 

### area, the department may perform such an analysis. The department shall 27 not issue the source a permit ifthe department determines that an adverse impact on visibility would occur. The 28 adverse impact must be 

### due, primarily, to 

### the operation ofthe proposed source or modification. 29 F. 

### Sulfurdioxide waiver by

### gcwemor with FLM 

### concurrence: The owner or

### operatorofa 30 proposed major stationary source ormajor modification, which cannot be 

### approved under Subsection D 

### of 31 20.11.61.24 NMAC, may demonstrate to the governorthat the source 

### ormodification cannotbe 

### constructedby 32 reason 

### ofany maximum allowable increase for sulfurdioxide for 

### aperiod of24hours or less applicable to any class 33 I 

### area and, in the case offederal mandatory class I 

### areas, thata waiver from this requirement would notadversely 34 

### affectthe AQRV ofthe area 

### (includingvisibility). The governor, after consideration ofthe federal land manager's 35 recommendation (ifany) and subjectto his concurrence, may, after notice and public hearing. grant a 

### waiverftom 

### 36 such maximum allowable increase. Ifthe waiver is granted, the department shall issue apermitto the owner or 37 operatorofthe source ormodification. Any owner or operator ofa source ormodification who obtains a permit 38 under 20.11.61 NMAC shall comply with sulfurdioxide emissions limitations. These limitations do not allow 39 

### increases ofambient concentrations, above the baseline concentration, to exceed the levels found in Table 6 

### of 40 

### 20.11.61.31 NMAC for periods 

### of24hours or less for more than 18 days, not necessarily consecutive, in any annual 41 period. 42 G. 

### Sulfur dioxide waiver by governorwith the president's concurrence. In any 

### case where the 43 governorrecommends a waiverin which the federal land manager does not concur, the recommendations ofthe 44 

### governor and the federal land manager shall be transmittedto the president through the office ofthe governor. The 45 president may approve the governor's recommendation ifhe finds thatthe waiver is in the national interest. Ifthe 46 

### waiver is 

### approved, the department shall issue the permit. Any source or modification that obtains apermitunder 47 20.11.61 NMAC shall comply with sulfurdioxide emissions limitations. These limitations do not allow increases in 48 ambient concentrations, above the 

### baseline concentration, to exceed the levels found in Table 6 

### of20.11.61.31 49 NMAC for periods of24 hours or less for more than 18 days, not necessarily consecutive, in any annual period. SO 

### [20.11.61.24 NMAC • Rp, 20.11.61.22 NMAC, 1/23/06; A, 8/30/10; A, S/13113] 51 

### S2 10.11.61.15 RESTRICTIONS ON AREA CLASSIFICATIONS: 53 A. 

### Mandatory federal class I areas: 54 (1) 

### All ofthefollowing areaswhich were In existence on August 7, 1977, shall be 

### class I areas SS 

### and may not be redestcnated: 56 

### (a) international parks (all ofthem);

20.11.61 NMAC Public Review Draft 212012015 

### 28I (b) national wilderness areas which exceed 5,000 acres in size; 2 (c) national memorial parks which exceed 5,000 acres in size; and 3 (d) national parks which exceed 6,000 acres in size. 4 (2) Specifically for New Mexico, these areas are: S (a) Bandelier wilderness, administered by national park service (NPS); 6 (b) Bosque del Apache wilderness, administered by national fish and wildlife service (NFWS); 7 (c) Carlsbad caverns national 

### park, administered byNPS; 8 (d) Gila wilderness, administered by national forest service (NFS); 9 (e) Pecos wilderness, administered byNFS; 10 (f) Salt Creek wilderness, administered byNFWS; 11 (g) San Pedro Parks wilderness, administered byNFS; 12 (h) Wheeler Peak wilderness, administered byNFS; and 13 (i) White Mountain wilderness, administered by NFS. 14 B. Areas wblcb may be redesignated only as class I or class II: 1 S (I) Tbe following areas may be redesignated only as class I orII: 16 (a) an area which, as ofAugust 7, 1977, exceeded 10,000 acres in size and was a national 17 monument, national primitive area, national preserve, national recreational area, national wild and scenic river, 18 national wildlife refuge; and 19 (b) a national park ornational wilderness area established after August 7, 1977 which exceeds 20 10,000 acres in size. 21 (2) Specifically for New Mexico, these areas Include (but are not necessarily limited to): 22 (a) Apache Kid wilderness, administered by national forest service (NFS); 23 (b) Bandelier national monument, administered by national park service (NPS); 24 (c) Bitter Lake national wildlife refuge, administered by national fish and wildlife service 25 (NFWS); 26 (d) Blue Range wilderness, administered by NFS; 27 (e) Bosque del Apache national wildlife refuge, administered byNFWS; 28 (f) Capitan mountains wilderness, administered by NFS; 29 (g) Cebolla wilderness, administered by bureau ofland management (BLM); 30 (h) Chama River Canyon wilderness, administered byNFS; 31 (i) Cruces Basin wilderness, administered by NFS; 32 

### G> De-na-zin wilderness, administered by BLM; 33 (k) El Malpais national monument, administered by NPS; 34 (I) Latir Peak wilderness, administered byNFS; 35 (m) Manzano mountain wilderness, administered byNFS; 36 (n) San Andres national wildlife refuge, administered by NFWS; 37 (o) Sandia Mountain wilderness, administered by NFS; 38 (p) Sevilleta national wildlife refuge, administered byNFWS; 39 (q) West Malpais wilderness, administered by BLM; 40 (r) White Sands national monument, administered byNPS; and 41 (s) Withington Wilderness, administered by NFS. 42 [20.11.61.25 NMAC- Rp, 20.11.61.20 NMAC, 1123/06; A, 8/30110] 43 44 l0.11.61.l6 TABLE 1- PSD SOURCE CATEGORIES: 45 A. Carbon black plants (furnace process). 

### 46 B. Charcoal production plants. 47 C. Chemical process plants (the term chemical processingplant shall not include ethanol production 48 facilities that produce ethanol by natural fermentation included in NAlCS Codes 325193 or 312140). 49 

### D. Coal cleaning plants (with thermal dryers). SO E. Coke oven batteries. 51 

### F. Fossil fuel boilers (or combinations thereof) totaling more than 250 million BTU/hr heat input. 52 G. Fossil fuel-fired steam electric plants ofmore than 250 million BTU/hr heat input. 53 H. Fuel conversion plants. S4 I. Glass fiber processingplants. 55 

### J. Hydrofluoric acid plants. 56 K. lron and steel mills.

20.11.61 NMAC Public Review Draft 2/20/2015 29

### 1 2 3 

### 4 5 6 7 8 9 

### 10 II 

### 12 13 

### 14 15 16 17 

### 18 19 

### 20 L. Kraftpulp mills. M. 

### Lime plants. N. 

### Municipal incinerators capable ofcharging more than 250 tons ofrefuse perday. 

### 0. Nitric acid plants. P. 

### Petroleum refineries. Q. 

### Petroleum storage and transferunits with atotal storage capacity exceeding 300,000barrels. R. 

### Phosphate rockprocessing plants. S. 

### Portland cement plants. T. 

### Primary aluminum ore reduction plants. U. 

### Primary coppersmelters. V. Primary 

### lead smelters. W. 

### Primary zinc smelters. X. 

### Secondary metal production plants. Y. 

### Sintering plants. 

## z. Sulfur recovery 

### plants. A.A. 

### Sulfuric acid plants. BB. Taconite 

### ore processing plants. [20.1 1.61.26 NMAC- Rp, 20.11.61.23 NMAC, 1/23/06; A, 8/30/10]

lO 1161.%7



# . 

# . TABLE l- SIGNIFICANT EMISSION RATES· 

# . POLLUTANT EMISSION RATE (TONS/YR) 

### Carbon monoxide 100 Fluorides 3 Lead 0.6 Municipal waste combustor: Acid gases (measured as sulfurdioxide and hydrogen chloride) 40 (36me ear) Metals (measured as particulate matter) 15 (14me ear) 

### Organics (measured as total tetra- through octa-chlorinated 0.0000035 (0.0000032 megagramslyr) dibenzo..p-dioxins and dibenzofurans) Municipal solid waste landfill emissions (measured as NMOC) 50 (45 me ear) 

### Nitrogen oxides 40 Ozone 40VOCorNOx Particulate Matter: Particulate matteremissions 25 PM,o emissions 15 PMz.5

### emissions 10

### tpy ofdirect PM u 

### emissions; 40 tpy ofsulfurdioxide emissions; 40 tpy

### of nitrogen oxide emissions unless demonstrated notto be a PM u 

### precursorunder Subsection WW 

### of 20.11.61.7

### NMAC

Sulfurcompounds Hydrogen sulfide (818) 10 Reduced sulfurcomJ)OUJ1ds (incl. H1S) 10 Sulfur dioxide 40 Sulfuric acid mist 7 

### Totalreduced sulfur (incl. H2S) 10 Any other

### regulatedNSRpollutant

### that is not listed in this table Any emission rate

20.11.61 NMAC Public Review Draft 2/20/2015 301 2 3

4 5 6

7 8 9 Each regulated pollutant Emission rate or net emissions increase associated with a major stationary source

or majormodification that causes an air

quality impact ofone microgram 

### per cubic meteror greater(24-hr average) in any Class I Federal area located within I0 km ofthe source. [20.1 1.61.27 NMAC- Rp, 20.11.61.24 NMAC, 1/23/06; A, 8/30/10; A, 1110/11; A, 5/13/13]

10.11.(;1.28 TABLE 3- SIGNIFICANT MONITORING CONCENTRATIONS·



# . AIR QUALITY

POLLUTANT CONCENTRATION AVERAGING TIME micrograms percubic meter (uglm3) Carbon monoxide 575 8 hours Fluorides 0.25 24hours 

### Lead 0.1 3 months Niti:ORCn dioxide 14 Annual Ozone b Particulate matter (PMto) 10 24 hours Sulfurcompounds Hydrogen sulfide (H2S) 0.20 1hour Reduced sulfurcompounds (incl. H2S) 10 1hour Sulfurdioxide 13 24 hours Sulfuric acid mist I Total reduced sulfur (incl. H 2S) 10 1hour



### a - No acceptable monitoring teclmiques available at this time. Therefore, monitoring is notrequired until acceptable teclmiques 

### are available. b- No 

### de minimis air quality level is provided for ozone. However, any netemissions increase of 100 tons peryear ormore ofvolatile organic compounds or nitrogen oxides subject to PSD would be required to Perform an ambient impact analysis, including the gathering ofambient air quality data. [20.1 1.61.28 NMAC • Rp, 20.11.61.25 NMAC, 1/23/06; A, 5/15/06; A, 8/30110]

20.11.(;1.29 TABLE 4- ALLOWABLE PSD INCREMENTS: Pollutant Maximum aUowable increase micrograms per cubic meter (u&lm 3) Class I Class II Class Ill**NitrG~en** Dioxide 

### I annual arithmetic mean 2.5 25 50 ParticulateMatter PMz.5, annual arithmetic mean I 4 8 PM2.5, 24-hour maximum 2 9 18 PM 10. annual arithmetic mean 4 17 34 PM1o. 24-hourmaximum 

## s• 30. 60. SulfurDioxide annual arithmetic mean 2 20 40 24-hourmaximum 

## s• 91 1 1821 3-hour maximum 

### 25' 5121 7008

a -Notto be exceeded more than once a year. [20.11.61.29 NMAC- Rp, 20.11.61.26 NMAC, 1123/06; A, 5/15/06; A, 8/30/10; A, 5/13/13]

20.11.61.30 TABLE 5- MAXIMUM ALLOWABLE INCREASES FORCLASS I VARIANCES:

20.11.61 NMAC Public Review Draft 2120/20 15 31Pollutant Maximum allowable increase Micrograms per cubic meter (Jlg/m3) Nitroa;en Dioxide annual arithmetic mean 

### 25 ParticulateMatter PM:u, annual arithmetic mean 4 PM:u, 24-hour maximum 9 PMto. annual arithmetic mean 17 PM 1o. 24-hour maximum 30 Sulfur Dioxide annual arithmetic mean 20 24-hourmaximum 91 3-hour maximum 325 I [20.11.61.30 NMAC- N, 1123/06; A, 8/30/10; A, 5113/13] 2 3 10.11.61.31 TABLE 6- MAXIMUM ALLOWABLE INCREASE FORSULFUR DIOXIDE WAIVER 4 BY GOVERNOR: Period ofExposure Terrain Areas Low Hisr:h 24-hr. maximum 36 Jlg/m• 62 "a/ml 3-hr. maximum 130 Jlg/m• 221 Jlg/m• 5 [20.11.61.31 NMAC- N, 1123/06; A, 8/30/10] 6 7 HISTORY OF 10.11.61 NMAC: 8 Pre-NMAC History: The material in this part was derived from that previously filed with the commission of 9 public records

- state records center and archives. 10 Regulation No. 29, Prevention ofSignificant Deterioration, 113/85; 

### It Regulation No. 29, Prevention ofSignificant Deterioration, 6/18/86; 12 Regulation No. 29, Prevention ofSignificant Deterioration, 3/16/89; 13 Regulation No. 29, Prevention ofSignificant Deterioration, 4124/90; 14 Regulation No. 29, Prevention ofSignificant Deterioration, 2126/93. 15 16 History ofRepealed Material: 17 20 NMAC 11.61, Prevention ofSignificant Deterioration (filed 10127/95) repealed 1211/95. 18 20.11.61 NMAC, Prevention ofSignificant Deterioration (filed 8/30/02) repealed 1123/06. 19 20 OtherHistory: 21 Regulation No. 29, Prevention ofSignificant Deterioration, filed 2126/93 renumbered, reformatted and replaced by 22 20 NMAC 11.61, Prevention ofSignificant Deterioration, filed 10127/95. 23 20 NMAC 11.61, Prevention ofSignificant Deterioration, filed 10/27/95 replaced by 20 NMAC 11.61, Prevention 24 ofSignificant Deterioration, filed 3/18/99. 

### 25 20 NMAC 11.61, Prevention ofSignificant Deterioration, filed 3/18/99 renumbered, reformatted, amended, and 26 replaced by20.11.61 NMAC, Prevention ofSignificant Deterioration, effective 10/1/02. 27 20.11.61 NMAC, Prevention ofSignificant Deterioration (filed 8/30/02) was replaced by 20.11.61 NMAC, 28 Prevention ofSignificant Deterioration, effective 1123/06.

29

20.11.61 NMAC Public Review Draft 2120120 15 32