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 of proposed revision to the New Mexico State 

Implementation Plan for Air Quality (SIP) through the incorporation of an 

amended 20.11.61 NMAC, Prevention ofSignificant Deterioration 

Dear Mr. Curry: 

I am writing on behalf of Governor Susana Martinez to request that EPA conduct parallel 

processing and approval of the 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 Significant Deterioration (PSD), including a copy of the Public 

Review Draft of the 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 the New Mexico SIP. 

On February 12, 2015, EPA informed the Air Quality Program, City of Albuquerque, 

Environmental Health Department (Air Quality Program), that EPA is unable to approve two 

particular portions of a proposed SIP revision submitted to EPA on July 26, 2013. These portions 

are found in the currently effective (locally) version of20.11.61 NMAC, in particular 

20.11.61.7(CCC) NMAC and 20.11.61.11(B) NMAC. EPA stated that these provisions are not 

consistent with current federal PSD regulations and policy. On February 17, 2015, EPA informed 

the Air Quality Program that EPA is unable to approve an additional portion of the proposed 

2013 SIP revision, affecting 20.11.61.11(C) NMAC. This provision also is not consistent with 

current federal PSD regulations and policy. 

In particular, EPA states that the currently effective versions of20.11.61.1l(B) and 20.11.61 

11 (C) NMAC are inconsistent with federal regulations found in 40 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 on April 10, 2013 were 

consistent with the federal regulation. Therefore, EPA has requested that these two NMAC 
sections be revised accordingly, reverting to the prior versions. The Air Quality Program's 

proposed draft of a revised 20.11.61 will carry out this amendment as requested by EPA. 

EPA has noted as well that the currently effective version of20.11.61.7(CCC) NMAC includes 

language deferring the date at which certain pollutant sources are subject to PSD regulation of 

greenhouse gasses. This deferral is applied to sources that emit carbon dioxide resulting from the 

combustion or decomposition of certain organic material, which EPA refers to as "biogas." EPA 

notes that a federal court has vacated the biogas deferral regulation promulgated by EPA on July 

20, 2011 (referenced in the list of Federal Register publications). The court decision was Center 

for Biological Diversity v. Environmental Protection Agency, 722 F .3d 40 I (D.C. Cir. 20 I3). 

Because ofthis vacation of the rule, 20.11.61.7(CCC) NMAC is no longer consistent with 

federal regulations. Therefore, EPA has requested that this regulation be amended to remove 

language relating to a biogas deferral. The Air Quality Program's proposed draft of a revised 

20.11.61 NMAC will carry out this amendment as requested by EPA. 

The amendments EPA has requested must be made in order for EPA to approve two other 

pending SIP revisions. One is an infrastructure SIP for the 20 I 0 National Ambient Air Quality 

Standards (NAAQS) for nitrogen dioxide (N02), approved by the Air Board on June 12, 2013 

and submitted to EPA on July 26,2013. This submission is now under review by EPA. The 

second pending 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 of this proposed SIP submittal and, upon Board approval, 

anticipates submitting it to EPA for review in July of2015. 

The proposed schedule for adoption of the 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 on the proposed amendment to 20.1I.61 NMAC. This petition was 

accompanied by a Public Review draft of the proposed amended regulation. The Air Board will 

consider the petition at a meeting scheduled for March 11, 20 15 and decide whether or not to 

hold a hearing. The subsequent hearing on the amendment is currently expected to take place in 

late April, 2015 and no later than April 30. Following the hearing the Air Board on the 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 by the Air Board, 

submittal of the amended regulation to EPA is expected by May 31,2015, with required SIP 

documentation, in accordance with all applicable requirements of 40 CFR 51. 

Under state and local law, the Air Board and the Air Quality Program have the necessary legal 

authority to adopt and implement the amended 20.11.61 NMAC. Legislative authority for 

Albuquerque-Bernalillo County's air quality program is codified in the New Mexico Air Quality 

Control Act (Air Act), Chapter 74, Environmental Improvement, Article 2, Air Pollution, of the 

New Mexico Statutes Annotated 1978 (NMSA 1978). Section 4 of this statute authorizes the 

creation of a "local authority" by a New Mexico county or municipality meeting certain criteria 

if the county or municipality adopts an ordinance providing for the local administration and 

enforcement of the Air Act. Albuquerque and Bernalillo County meet these statutory criteria in 

the Air Act. The City of Albuquerque 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 of air pollution throughout Bernalillo 

County. These parallel ordinances provide that the Albuquerque Environmental Health 

Department is the administrative agency of the Air Board. The Air Quality Program is part of the 

Environmental Health Department. The Albuquerque and Bernalillo County ordinances are 

codified at Revised Ordinances of the City of Albuquerque (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 of the hard copy documents. 

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

you have any questions, please contact Mary Lou Leonard, Director of the Albuquerque 

Environmental Health Department (EHD), at (505) 768-2631. 

tary 

New Mexico Environment Department 

cc: Honorable Susana Martinez, Governor, State of New 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, EHD 
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TITLE 20 

CHAPTER 11 

PART61 

ENVIRONMENTAL PROTECTION . 

ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD 

PREVENTION OF SIGNIFICANT DETERIOJJJt"'OQ~ p. I 2: 4 I 

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/ I 0] 

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 

or unclassifiable area shall obtain a permit from the department in accordance with the requirements of 20.11.41 

NMAC. Authority-to-Construct, and 20.11.61 NMAC prior to 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 lacks jurisdiction; 

(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 of 20.11.41 

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 or operator 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 prior to the relocation identifying the 

proposed new location and the probable duration of operation at the new location; such notice shall be given to the 

department not less than 10 days in advance of the proposed relocation unless a different time duration is previously 

approved by the department; 

(4) sources or modifications that would be major only if quantifiable fugitive emissions are 

considered in calculating the potential to emit, and the source does not belong to: 

(a) any category in Table I of20.11.61.26 NMAC; or 

(b) any other stationary source category which as of August 7, 1980, is being regulated under 

Section ttl or 112 of the 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 1.6 1.2 NMAC - Rp. 20.11.61.2 NMAC, 1 /23'06; A, 8'3011 0; 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 of Albuquerque 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 of a 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 2 20'20 15 
I 20.11.61.6 OBJECTIVE: To minimize air pollutant emissions from new major stationBIY sources or major 

2 modifications in areas classified as in attainment of the national ambient air quality standards (NAAQS) or 

3 determined to be unclassifiable pursuant to Section 107(d) of the 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 740 I et seq. 

I 0 B. "Actual emissions" means the actual rate of emissions of a regulated NSR pollutant from an 

II emissions unit, as determined in accordance with Paragraphs (2) through (4) of Subsection B of20.11.61.7 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. 

I 5 (2) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, 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 of normal source operation. The department shall allow the use of a different time 

18 period upon a determination that it is more representative of normal source operation. Actual emissions shall be 

19 calculated using the unit's actual operating hours, production rates, and types of materials 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 of the unit. 

23 (4) For any emissions unit that has not begun normal operations on the particular date, actual 

24 emissions shall equal the potential to emit of the unit on that date. 

25 C. "Administrator" means the administrator of the 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 of the visitor's visual experience of the federal class I area. 

29 This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, 

30 duration, frequency, and time of the visibility impairments and how these factors correlate with the following: 

31 (1) times of visitor use of the federal class I area; and 

32 (2) the frequency and timing of natural conditions that reduce visibility. This term does not include 

33 effects on integral vistas as defined in 40 CFR S 1.301 Definitions. 

34 E. "Air quality related values (AQRV)" means visibility and other scenic, cultural, physical, 

35 biological, ecological, or recreational resources which may be affected by a change in air quality resulting from the 

36 emissions of a proposed major stationBIY source or major modification that interferes with the management, 

37 protection, preservation, or enjoyment of the AQRV ofa federal class I area. 

38 F. "Allowable emissions" means the emissions rate of a stationiiiY source calculated using the 

39 maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the 

40 operating rate, or hours of operation, or both) and the most stringent of the 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 permit condition, including those with a 

45 future compliance date. 

46 G. "Assoeiated emission sources" means secondBIY emissions and all reasonably foreseeable 

47 emissions of regulated pollutants from the growth of general residential, commercial, industrial, governmental 

48 emission sources and other mobile and non-mobile emission sources which are associated with or support the 

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 of new 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 or private educational facilities to increase enrollment. 

20.11.61 NMAC Public Review Draft 2120120 J 5 2 
1 H. "Attaiomeat area" means, for any air pollutant, 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) of the act 

4 I. "Baseline actual emlssloas"' means the rate of emissions, in tons per year, of a regulated NSR 

S pollutant, as determined in accordance with Paragraphs (1)-(4) of Subsection I of20.11.61.7 NMAC. 

6 (1) For any existing electric utility steam generating unit, baseline actual emissions means the 

7 average rate, in tons per year, at which the unit actually emitted the pollutant dwing any consecutive 24-month 

8 period selected by the owner or operator within the five year period immediately preceding when the owner or 

9 operator begins actual construction of the project. The department shall allow the use of a different time period 

10 upon a determination that it is more representative of normal source operation. 

II (a) The average rate shall include fugitive emissions to the extent quantiftable, 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 a regulated NSR pollutant, when a project involves multiple emissions units, only one 

17 consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being 

18 changed. A different consecutive 24-month period can be used for each regulated NSR pollutant. 

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 per year, and for adjusting this amount if required 

21 by Subparagraph (b) of Paragraph (1) of Subsection I of20.11.61.7 NMAC. 

22 (2) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual 

23 emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during 

24 any consecutive 24-month period selected by the owner or operator within the 1 0 year period immediately preceding 

25 either the date the owner or operator begins actual construction of the project, or the date a complete permit 

26 application is received by the department for a permit required either under 20.11.61 NMAC or under a plan 

27 approved by the administrator, whichever is earlier, except that the 10 year period shall not include any period 

28 earlier than 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 if an emission limitation is part of a maximum achievable control technology standard that the administrator 

38 proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has 

39 taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the 

40 requirements of 40 CFR S 1.16S(a)(3XiiXO). 

41 (d) For a regulated 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 NSR pollutant. 

44 (e) The average rate shall not be based on any consecutive 24-month period for which there is 

45 inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

46 by Subparagraphs (b) and (c) of Paragraph (2) of Subsection I of20.11.61.7 NMAC. 

47 (3) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions 

48 increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for 

49 all other purposes, shall equal the unit's potential to emit. 

SO (4) For a PAL 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) of Subsection I 

S2 of20.11.61.7 NMAC, for other existing emissions units in accordance with the procedures contained in Paragraph 

53 (2) of Subsection I of20.11.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained 

S4 in Paragraph (3) of Subsection I of20.11.61.7 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 or unclassifiable under 

2 Section 107(d)(1)(A)(ii) or (iii) of the act in which the major source or major modification establishing the minor 

3 source baseline date would construct or would have an air quality impact for the pollutant for which the baseline 

4 date is es1ablished, as follows: equal to or greater than one microgram per cubic meter (I J.li/m3

) (annual average) 

S for SQz, NO:z or PMu,; or equal to or greater than 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 or be smaller 

7 than the area of impact of any major stationary source or major modification which: 

8 (a) establishes a minor source baseline date; or 

9 (b) is subjectto40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166, and 

10 would be constructed in the same state as the state proposing the redesignation. 

11 (3) Any baseline area established originally for total suspended particulates (TSP) increments shall 

12 remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that 

13 such baseline area shall not remain in effect if the department rescinds the corresponding minor source baseline date 

14 in accordance with Paragraph (3) of Subsection MM of20.11.61.7 NMAC. 

IS K. "BiseliDe concentration" means that ambient concentration level that exists in the baseline area 

16 at the time of the applicable minor source baseline date. 

17 ( 1) A baseline concentration is determined for each pollutant for which a minor source baseline date 

18 is es1ablished and shall include: 

19 (a) the actual emissions representative of sources in existence on the applicable minor source 

20 baseline date, except as provided in Paragraph (2) of Subsection K of20.11.61.7 NMAC; 

21 (b) the allowable emissions of major 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 in the 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 after the minor 

28 source baseline date. 

29 L. "Beain actual construction" means, in general, the initiation of physical onsite construction 

30 activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, 

31 installation ofbuilding supports and foundations, laying of underground pipework and construction of permanent 

32 storage structures. With respect to a change in method of operation, this term refers to those on-site activities, other 

33 than preparatory activities which mark the initiation of the change. 

34 M. "Best available control technology (BACT)" means an emissions limitation (including a visible 

35 emission standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be 

36 emitted from any proposed major stationary source or major modification, which the director on a case-by-case 

37 basis. taking into account energy, environmental, and economic impacts and other costs, determines is achievable 

3& for such source or modification through application of production processes or available methods, systems, and 

39 techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such 

40 pollutant In no event shall application of best available control technology result in emissions of any pollutant 

41 which would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60 and 61. 1fthe 

42 director determines that technological or economic limitations on the application of measurement methodology to a 

43 particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work 

44 practice, operational standard, or combination thereof, may be prescribed instead to satisfY the requirement for the 

45 application of best available control technology. Such standard shall, to the degree possible, set forth the emissions 

46 reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide 

47 for compliance by means which achieve equivalent results. 

4& N. "Bulldina, structure, facility or installation" means all of the pollutant emitting activities which 

49 belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under 

SO the control of the same person (or persons under common control) except the activities of any vessel. Pollutant51 emitting activities shall be considered as part of the same industrial grouping if they 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. government printing office stock numbers 41 0 1..()()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 or reclassified as "class I" as listed in 

56 20.11.61.25 NMAC. 

20.11.61 NMAC Public Review Draft 2120/20 15 4 
1 P. "Commence" as applied to construction of a major stationary source or major modification, 

2 means that the owner or operator has all necessary preconstruction approvals or permits and either has: 

3 (I) begun, or caused to begin, a continuous program of actual on-site construction of the source, to be 

4 completed within a reasonable time; or 

S (2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified 

6 without substantial loss to the owner or operator, to undertake a program of actual construction of the source to 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 of the information necessary for processing the application. Designating an application 

I 0 complete for purposes of permit processing does not preclude the department from requesting or accepting any 

11 additional information. 

12 R. "Construction" means any physical change or change in the method of operation (including 

13 fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in 

14 emissions. 

15 S. "Continuous emissions monitorinasystem (CEMS)" means all of the equipment that may be 

16 required to meet the data acquisition and availability requirements of20.11.61 NMAC, to sample, condition (if 

17 applicable), analyze, and provide a record of emissions on a continuous basis. 

18 T. "Continuous emissions rate monitoring system {CERMS)" means the total equipment required 

19 for the determination and recording of the pollutant mass emissions rate {in terms of mass per unit of time). 

20 U. "Continuous parameter monitoring system {CPMS)" means all of the equipment necessary to 

21 meet the data acquisition and availability requirements of 20.11.61 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 or C02 concentrations), and to record average operational parameter value(s) on a 

24 continuous basis. 

25 V. "Department" means the city of Albuquerque, environmental health department or its successor 

26 agency. 

27 W. "Director" means the director of the city of Albuquerque, environmental health department or the 

28 director of its successor agency. 

29 X. "Electric utility steam generating unit" means any steam electric generating unit that is 

30 constructed for the purpose of supplying more than one-third of its 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 of providing steam to a steam-electric generator that would produce electrical 

33 energy for sale is also considered in determining the electrical energy output capacity of the affected facility. 

34 Y. "Emissions unit" means any part of a stationary source that emits or would have the potential to 

3S emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in 20.11.61.7 

36 NMAC. For purposes of20.11.61 NMAC, there are two types ofemissions units as follows: 

37 {I) a new emissions unit is any emissions unit that is (or will be} newly constructed and that 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) of Subsection Y of20.11.61.7 NMAC. A replacement unit is an existing unit. 

41 Z. "Federal land manager" means, with respect to any lands in the United States, a federal level 

42 cabinet secretary of a federal level department (e.g. interior department} with authority over such lands. 

43 AA. "Federally enforceable" means all limitations and conditions which are enforceable by the 

44 administrator, including: 

45 {I) those requirements developed pursuant to 40 CFR Parts 60 and 61; 

46 (2) requirements within any applicable state implementation plan (SIP}; 

47 (3) any permit requirements established pursuant to 40 CFR 52.21; or 

48 (4) under regulations approved pursuant to 40 CFR PartS 1, Subpart I, including operating permits 

49 issued under an EPA-approved program that expressly requires adherence to any permit issued under such program. 

SO DB. "Fugitive em.ilsions" means those emissions which could not reasonably pass through a stack, 

S I chimney, vent, or other fUnctionally equivalent opening. 

52 CC. "Greenhouse gases" or "GHGs" means the air pollutant defined in§ 86.1818-12{a) of Chapter I 

53 of'fitle 40 of the CFR, as the aggregate group of six 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 5 
1 EE. "Indian governing body" means the governing body of any tribe, band, or group of Indians 

2 subject to the jurisdiction of the United States and recognized by the United States as possessing power of self3 government 

4 FF. "Innovative control technology" means any system of air pollution control that has not been 

5 adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous 

6 emissions reduction than any control system in current practice or achieving at least comparable reductions at lower 

7 cost in tenns of energy, economics, or non-air quality environmental impacts. 

8 GG. "Low terrain" means any area other than high terrain. 

9 HH. "Lowest achievable emission rate (LAER)" means, for any source, the more stringent rate of 

I 0 emissions based on the following: 

11 (1) the most stringent emissions limitation which is contained in the implementation plan of any state 

12 for such class or category of stationary source, unless the owner or operator ofthe proposed stationary source 

13 demonstrates that such limitations are not achievable; or 

14 (2) the most stringent emissions limitation which is achieved in practice by such class or category of 

IS stationary source; this limitation, when applied to a modification, means the lowest achievable emissions rate for the 

16 new or modified emissions units within the stationary source; in no event shaJI the application of this term permit a 

17 proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an 

18 applicable new source standard of performance. 

19 II. "Major modification" 

20 (I) Means any physical change in or change in the method of operation of a major stationary source 

21 that would result in: a significant emissions increase of a regulated NSR pollutant; and a significant net emissions 

22 increase of that pollutant from the major stationary source. 

23 (2) Any significant emissions increase ftom any emissions units or net emissions increase at a major 

24 stationary source that is significant for volatile organic compounds or oxides of nitrogen shall be considered 

25 significant for ozone. 

26 (3) A physical change.or change in the method of operation shalt not include: 

27 (a) routine maintenance, repair, and replacement; 

28 (b) use of an alternative fuel or raw material by reason of an order under Section 2(a) and (b) of 

29 the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a 

30 natural gas curtailment plan pursuant to the Federal Power Act; 

31 (c) use of an alternative fuel by reason of an order or rule under Section 125 of the act; 

32 (d) use of an alternative fuel at a steam generating unit to the extent that the fuel is generated 

33 from municipal solid waste; 

34 (e) use of an alternative fuel or raw material by a stationary source which: 

35 (i) the source was capable ofacc:ommodating before January 6, 1975, unless such change 

36 would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 

37 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Subpart I or 40 CFR 51.166; or 

38 (ii) the source is approved to use under any permit issued under 40 CFR 52.21 or under 

39 regulations approved pursuant to 40 CFR S 1.166; 

40 (f) an increase in the hours of operation or in the production rate, unless such change would be 

41 prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 

42 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Subpart I or 40 CFR 51.166; 

43 (g) any change in ownership at a stationary source; 

44 (h) the installation, operation, cessation, or removal of a temporary clean coal technology 

45 demonstration project, provided that the project complies with: 

46 (i) the state implementation plan for the state in which the project is located; and 

47 (ii) other requirements necessary to attain and maintain the NAAQS during the project 

48 and after it is tenninated; 

49 (i) the installation or operation of a permanent clean coal technology demonstration project that 

50 constitutes repowering, provided that the project does not result in an increase in the potential to emit of any 

51 regulated NSR pollutant emitted by the unit; this exemption shall apply on a pollutant-by-pollutant basis; or 

52 (j) the reactivation of a very clean coal-tired electric utility steam generating unit. 

53 (4) This definition shall not apply with respect to a particular regulated 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) of Subsection B of20.11.61.20 NMAC shall apply. 

56 JJ. "Major souree baseline date" means: 

20.11.61 NMAC Public Review Draft 2/20/20 1 S 6 
1 (1) in the case ofPM10 and sulfur dioxide, January 6, 1975; 

2 (2) in the case of nitrogen dioxide, February 8, 1988; and 

3 (3) in the case of PM2.

5, October 20, 2010. 

4 KK. "Major stationary source" 

S (I} means: 

6 (a) any stationary source listed in Table 1 of20.11.61.26 NMAC which emits, or has the 

7 potential to emit, 1 00 tons per year or more of any regulated NSR pollutant; 

8 (b) notwithstanding the stationary source categories specified in Subparagraph (a) of Paragraph 

9 (1) of Subsection KK of20.11.61.7 NMAC, any stationary source which emits, or has the potential to emit, 250 tons 

I 0 per year or more of any regulated NSR pollutant; or 

11 (c) any physical change that would occur at a stationary source not otherwise qualifying under 

12 Subsection KK of20.11.61.7 NMAC, as a major stationary source if the change would constitute a major stationary 

13 source by itself. 

14 (2) A major source that is major for volatile organic compounds or oxides of nitrogen shall be 

15 considered major for ozone. 

16 (3) The fugitive emissions of a stationary source shall not be included in determining whether it is a 

17 major stationary source, unless the source belongs to one of the stationary source categories found in Table 1 of 

18 20.11.61.26 NMAC or any other stationary source category which, as of August 7, 1980, is being regulated under 

19 Section Ill or 112 of the act. 

20 LL. "Mandatory federal class I area" means any area identified in 40 CFR Part 81, Subpart D. 

21 MM. "Minor source baseline date" means the earliest date after the 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 PM10 and sulfur dioxide; and 

26 (b) February 8, 1988 for nitrogen dioxide; and 

27 (c) October 20, 20 II, 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 I 07(d)(l )(A)(ii) or (iii) of the federal act for the 

32 pollutant on the date of its complete application under 40 CFR 52.21 or under regulations approved pursuant to 40 

33 CFR 5 1.166; and 

34 (b) in the case of a major stationary source, the pollutant would be emitted in significant 

35 amounts, or in the case of a major modification, there would be a significant net emissions increase of the 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 of determining the amount of available PM10 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, either the 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 of PM 10 emissions. 

41 NN. "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured 

42 in terms of visual 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 of the New Mexico state implementation plan. 

46 PP. "Net emissions Increase" 

47 (I) Means, that with respec::t to any regulated NSR pollutant emitted by a major stationary source, the 

48 amount by which the sum of the 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. 7 NMAC, except that 

54 Subparagraph (c) ofParagraph (1) and Subparagraph (d) of Paragraph (2) of Subsection 1 of20.11.61.7 NMAC shall 

55 not apply. 

20.11.61 NMAC Public Review Draft 212012015 7 
I (2) An increase or decrease in actual emissions is contemporaneous with the increase fi:om the 

2 particular change only if it occurs between: 

3 (a) the date five years prior to the commencement of construction on the particular change; and 

4 (b) the date that the increase fi:om the particular change 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 prior to the commencement of construction on the particular 

8 change; and 

9 (ii) the date that the increase from the particular change occurs; and 

10 (b) the department has not relied on it in issuing a permit for the source under regulations 

11 approved pursuant to 40 CFR S 1.166, which permit is in effect when the increase in actual emissions fi:om the 

12 particular change occurs; and 

13 (c) the increase or decrease in emissions did not occur at a clean unit, as defined in 40 CFR 

14 S1.166 (b)(3)(iii)(c) and Federal Register Vol. 76 No. 61,3/30/11, p. 17S54. 

15 (d) As it pertains to an increase or decrease in fugitive emissions (to the extent quantifiable), it 

16 occurs at an emissions unit that is part of one of the source categories listed in Paragraph (3) of Subsection KK of 

17 20.11.61. 7 NMAC or it occurs at an emission unit that is located at a major 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 not represented by one of the source categories listed in Paragraph {3) 

20 of Subsection K.K of20.11.61.7 NMAC and that are not, by themselves, part of a listed source category. 

21 (4) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or oxides of 

22 nitrogen that occurs before the applicable minor source baseline date is creditable only if it is required to be 

23 considered in calculating the amount of maximum allowable increases remaining available. 

24 (5) An increase in actual emissions is creditable only to the extent that the new level of actual 

25 emissions exceeds the old level. 

26 (6) A decrease in actual emissions is creditable only to the extent that: 

27 (a) the old level of actual emissions or the old level of allowable emissions, whichever is lower, 

28 exceeds the new level of actual emissions; 

29 (b) it is enforceable as a practical matter at and after the time that actual construction on the 

30 particular change 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 particular change; and 

33 (7) an increase that results fi:om a physical change at a source occurs when the emissions unit on 

34 which construction occurred becomes operational and begins to emit a particular pollutant; any replacement unit that 

35 requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. 

36 (8) Paragraph {2) of Subsection B of20.l1.61.7 NMAC shall not apply for determining creditable 

37 increases and decreases. 

38 QQ. "Nonattainment area,. means an area which has been designated under Section l 07 of the act as 

39 nonattainment for one or more of the 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 of a stationary source to emit a pollutant under 

43 its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a 

44 pollutant, including air pollutant control equipment and restrictions on hours of operation or on the type or amount 

45 of material combusted, stored, or processed, shall be treated as part of its design if the limitations or the effect the 

46 limitation would have on emissions is federally enforceable. Secondary emissions do not count in determining the 

47 potential to emit of a stationary source. 

48 IT. "Predictive emissions monitoring system (PEMS)" means all of the equipment necessary to 

49 monitor process 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 or CO:z concentrations), and calculate and 

51 record the mass emissions rate (for example, lblhr) on a continuous basis. 

52 UU. ..Project" means a physical change in, or change in method of operation of, an existing major 

53 stationary source. 

54 VV. "Projected actual emissions,. 

SS {1) Means the maximum annual rate, in tons per year, at which an existing emissions unit is projected 

56 to emit a regulated NSR pollutant in any one of the five years {12-month period) following the date the unit resumes 

20.11.61 NMAC Public Review Draft 2120/2015 8 
I regular operation after the project, or in any one of the I 0 years following that date, if the project involves increasing 

2 the emissions unit's design capacity or its potential to emit that regulated NSR pollutant, and full utilization of the 

3 unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary 

4 source. 

S (2) In determining the projected actual emissions (before beginning actual construction}, the owner or 

6 operator of the 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 of business 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 of the unit's emissions following the project that an existing unit could have accommodated 

IS during the consecutive 24-month period used to establish the baseline actual emissions under Subsection I of 

16 20.11.61.7 NMAC and that are also unrelated to the particular project, including any increased utilization due to 

17 product demand growth; or 

18 {3) in lieu of using the method set out in Subparagraphs (a}-( c) of Paragraph (2) of Subsection VV of 

19 20.11.6 1.7 NMAC, may elect to use the emissions unit's potential to emit in tons per year. 

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 PM10 emissions 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, 20 II, such 

25 condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions 

26 limitations for PM2.5 and PM1o in PSD permits; compliance with emissions limitations for PM2.5 and PM10 issued 

27 prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of 

28 the permit or the applicable implementation plan; applicability determinations made prior to this date without 

29 accounting for condensable particulate matter shall not be considered in violation of 40 CFR 51.166 unless the 

30 applicable implementation plan required condensable particulate matter to be included; 

31 (b) any pollutant identified under Subparagraph (b) of Paragraph (I) of Subsection WW of 

32 20.11.61.7 NMAC as a constituent or precursor to a pollutant for which a NAAQS has been promulgated; precursors 

33 identified by the administrator for purposes ofNSR are 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 of nitrogen 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 or unclassifiable area, unless the state demonstrates to the administrator's satisfaction or EPA 

43 demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant 

44 contributor to that area's ambient PM2.5 concentrations; 

45 (2) any pollutant that is subject to any standard promulgated under Section Ill of the act; 

46 (3) any class I or II 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) of Subsection 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) of the act, and which have not been delisted pursuant to Section 

53 112(b)(3) of the act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a 

54 general pollutant listed under Section 108 of the act; 

SS (6) particulate matter (PM) emissions, PM2.5 emissions, and PM to 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 2/20/20 IS 9 
1 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 PM1o in PSD permits; compliance with emissions limitations for PM, PM25 and PM10 

4 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and 

5 conditions of the permit or the 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 of the 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 of 40 CFR 60.15(bXI), or the 

II emissions unit completely takes the place of an existing emissions unit. 

12 (2) The emissions unit is identical to or functiona11y equivalent to the replaced emissions unit. 

13 (3) The replacement unit does not change the basic design parameter(s) of the process unit. 

14 (4) The replaced emissions unit is permanently removed from the major stationary source, otherwise 

15 permanently disabled, or permanently 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 of the construction or operation 

18 of a major stationary source or major modification, but do not come from the major stationary source or major 

19 modification itself. For the purpose of 40 CFR 51.166, secondary emissions must be specific, well defined, 

20 quantifiable, and impact the 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 of the construction or operation of the 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 of a 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 of a source to emit any ofthe po11utants 

27 listed in Table 2 of20.11.61.27 NMAC, a rate of emissions that would equal or exceed any of the corresponding 

28 emission rates listed in Table 2 of20.11.61.27 NMAC; 

29 (2) in reference to a net emissions increase or the potential of a source to emit a regulated NSR 

30 po1lutant that Paragraph ( 1) of Subsection ZZ of 20.11.61. 7 NMAC, does not list, any emissions rate; and 

31 (3) notwithstanding Paragraph (1) of Subsection 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 of a class I area, and have an impact on such area equal to or greater than 1 f.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 1 of Title 40 of the CFR, that requires actual control of the quantity of emissions of that pollutant, and that 

42 such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions 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) of Subsection CCC of20.11.61.7 NMAC and shall not be subject to regulation if the 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 of Paragraphs (3) through (5) of Subsection CCC of20.11.61.7 NMAC, the term 

49 ''tpy C~ equivalent emissions (C02e)" shall represent an amount ofGHGs emitted, and shall be computed as 

50 follows: 

51 (a) multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the 

52 pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart A ofPart 98 of 

53 Chapter I of Title 40 of the CFR- Global Warming Potentials; fer JIUFJ3eses ef ParagFaJ!k (2) ef SuesestieR 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 er EleseFRf'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 10 
1 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 ef ReR fessilizea and 

3 biedegF&dable eFgSRie R'laterial). 

4 (b) sum the resultant value from Subparagraph (a) of Paragraph (2) of Subsection 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) of Subsection CCC of20.11.61.7 

7 NMAC, shall mean that both 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 'ZZ of 20.11.61. 7 NMAC) occur. For the pollutant GHGs, an emissions increase shall be based on tpy 

10 C~e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is 

II defined as 75,000 tpy C02e instead of applying the value in Table 2 of 20.11.61.27 NMAC. 

12 (4) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: 

13 (a) the stationary source is a new major stationary source for a regulated NSR pollutant that is 

14 not GHGs, and also will emit or will have the potential to emit 75,000 tpy C01e or more; or 

15 (b) the stationary source is an existing major stationary source for a regulated NSR pollutant 

16 that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase 

17 of75,000 tpy C02e or more; and, 

18 (5) beginning July 1, 2011, in addition to the provisions in Paragraph (4) of Subsection 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 or have the potential to emit 100,000 tpy C01e; or 

21 (b) at an existing stationary source that emits or has the potential to emit 100,000 tpy C02e, 

22 when such stationary source undertakes a physical change or change in the method of operation that will result in an 

23 emissions increase of75,000 tpy C~e or more. 

24 DDD. "Temporary source" means a stationary source which changes its location or ceases to exist 

25 within two years from the date of initial start of operations. 

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. "Volatile organic compound (VOC)" means any compound of carbon, excluding carbon 

29 monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which 

30 participates in atmospheric photochemical reactions; this includes any such organic compound other than those 

31 which the administrator designates as having negligible photochemical reactivity under 40 CFR 51.1 OO(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 

3 5 Deterioration that is filed with the state records center and archives shall not affect actions pending for violation of a 

36 city or county ordinance or board regulation. Prosecution for a violation under prior regulation 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: If any 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 or otherwise invalid by any 

43 court, the decision shall not affect the validity of remaining 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 1.61.1 0 NMAC - Rp, 20.1 1.61.11 NMAC, 1123/06; A, 51 13/13] 

50 

51 20.11.61.11 APPLICABILITY: 

52 A. The requirements of 20.11.61 NMAC apply to the construction of any new major stationary 

53 source or any project at an existing major stationary source in an area designated as attainment or unclassifiable. 

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) ef SubseetieR 8 ef2Q.II.61.1 j 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 11 
1 29.11.61.21 'NMAC ana ;a.g.JJ.6 J .24 'NMAC apply te the eBAstntetien ef aAy Rew Majer statieflary setiFee er ltte 

2 majer Metlifieatiett ef llftY 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 of any new major stationary source or the major modification of any existing major 

S stationary source excg>t as 20.11.61 NMAC otherwise provides. 

6 C. 'We MW Majer statieflary selfl'ee er Majer MeEiifieatieR te whieh the Feljl:lireMefltS ef Sl:l~&eetiBAs 

7 A, 8, C an4 I) &f2Q,lJ.61.12 WMAC, SeetieR 29,11.61.13 WMAC, 81:19seetieRs A thre1:1gh 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 

I 0 and 29.11.61 .24 'NMAC apply shallllegiR aeti:IBI eeHstntetiea widleut a JleFfflit that states that tl:ie Majer stetiettary 

II se~:~ree er fflejer ff!edifieatieR ':;Viii fflellt lhese Nljl:lireMeRts. No new major stationary source or major modificgtion 

12 to which the reguirements of Subsections A. B. C and D of 20.11.61.12 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 a permit 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 of major modification, a project is a major modification for a regulated NSR pollutant if it causes a 

18 significant emissions increase and a significant net emissions increase. The project is not a major modification if it 

19 does not cause a significant emissions increase. If the project causes a significant emissions increase, then the 

20 project is a major modification only if it also results in a significant net emissions increase. 

21 (2) The procedure for calculating (before beginning actual construction) whether a significant 

22 emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being 

23 modified, ac:c:ordingto Paragraphs (3) through (5) of Subsection D of20.11.61.11 NMAC. The procedure for 

24 calculating (before beginning actual construction) whether a significant net emissions increase will occur at the 

25 major stationary source (i.e., the second step of the process) is contained in the definition in Subsection PP of 

26 20.11.61.7 NMAC. Regardless of any such prec:onstruction projections, a major modification results if the project 

27 causes a significant emissions increase and a significant net emissions increase. 

28 (3) ActuaMo-projected-actual applicability test for projects that only Involve existin1 emissions 

29 units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the 

30 difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit 

31 equals or exceeds the significant amount for that pollutant 

32 (4) Actual-to-potential test for projects that only Involve construction of a new emissions 

33 unlt(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the 

34 difference between the potential to emit from each new emissions unit following completion of the project and the 

35 baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant 

36 (5) Hybrid test for projects that involve multiple types of emissions units. A significant 

37 emissions increase of a 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) of Subsection D of20.11.61.l1 NMAC as 

39 applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant 

40 amount for that pollutant. 

41 E. For any major stationary source for a PAL for a regulated NSR pollutant, 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 OF OWNERS OR OPERATORS OF SOURCES: 

46 A. Any owner or operator who begins actual construction or operates a source or modification 

47 without, or not in accordance with, a permit issued under the requirements of 20. 1 t .61 NMAC shall be subject to 

48 enforcement action. 

49 B. Approval to construct shall not relieve 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 

S I the board; and any other requirements under local, state, or federal law. 

52 C. Approval to construct shall become invalid if construction is not commenced within 18 months 

53 after receipt of such approval, if construction is discontinued for a period of 18 months or more, or if construction is 

54 not completed within a reasonable time; the administrator may extend the 18-month period upon a satisfactory 

55 showing that an extension is justified; this provision does not apply to the time period between construction of the 

20.tl.61 NMAC Public Review Draft 2120/2015 12 
1 approved phases of a phased construction project; each phase must commence construction within 18 months of the 

2 projected and approved commencement date. 

3 D. At such time that a particular source or modification becomes a major stationary source or major 

4 modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 

5 1980, on the capacity of the source or modification 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 on the source or modification. 

8 E. Except as otherwise provided in Paragraph (6) of Subsection E of20.11.61.12 NMAC the 

9 following specific provisions apply with respect to any regulated NSR pollutant emitted from projects at existing 

10 emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where 

11 there is a reasonable possibility within the meaning of Paragraph (6) of Subsection E of20.11.61.12 NMAC that a 

12 project that is not a part ofa major modification may result in a significant emissions increase of such pollutant and 

13 the owner or operator elects to usc the method specified in Paragraphs (1) through (3) of Subsection VV of 

14 20.11.61. 7 NMAC for calculating projected actual emissions. 

15 (I) Before beginning actual construction of the project, the owner or operator shall document and 

16 maintain a record of the following information: 

17 (a) a description of the project; 

18 (b) identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could 

19 be affected by the project; and 

20 (c) a description of the 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 of emissions excluded under Paragraph (3) of Subsection VV of20.11.61. 7 NMAC and an 

23 explanation for why such amount was excluded, and any netting calculations, if applicable. 

24 (2) If the emissions unit is an existing electric utility steam generating unit, before beginning actual 

25 construction, the owner or operator shall provide a copy of the information set out in Paragraph (1) of Subsection E 

26 of20.11.61.12 NMAC to the department. Nothing in Paragraph (2) of Subsection E of20.11.61.12 NMAC shall be 

27 construed to require the owner or operator of such a unit to obtain any determination from the department before 

28 beginning actual construction; however, necessary prcconstruction approvals and/or permits must be obtained before 

29 beginning actual construction. 

30 (3) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could 

31 increase as a result of the project and that is emitted by any emissions unit identified in Subparagraph (b) of 

32 Paragraph (1) of Subsection E of20.11.61.12 NMAC; and calculate and maintain a record of the annual emissions, 

33 in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after 

34 the change, or for a period of 10 years following resumption of regular operations after the change if the project 

35 increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit. For 

36 purposes of Paragraph (3) of Subsection E of 20.11.61.12 NMAC, fugitive emissions (to the extent quantifiable) 

37 shall be monitored if the emissions unit is part of one of the source categories listed in Table 1 of20.11.61.26 

38 NMAC or if the emissions unit is located at a major stationary source that belongs to one of the listed source 

39 categories. 

40 ( 4) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a 

41 report to the department within 60 days after the end of each year during which records must be generated under 

42 Subparagraph (c) of Paragraph (I) of Subsection E of20.11.61.12 NMAC setting out the unit's annual emissions 

43 during the calendar year that preceded submission of the report. 

44 (5) If the unit is an existing unit other than an electric utility steam generating unit, the owner or 

45 operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified 

46 in Paragrapn (1) of Subsection E of20.11.61.12 NMAC, exceed the baseline actual emissions (as documented and 

47 maintained pursuant to Subparagraph (c) of Paragraph (I) of Subsection E of20.11.61.12 NMAC) by a significant 

48 amount for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as 

49 documented and maintained pursuantto Subparagraph (c) of Paragraph (1) of Subsection E of20.11.61.12 NMAC. 

SO Such report shall be submitted to the department within 60 days after the end of such year. The report shall contain 

S 1 the following: 

52 (a) the name, address and telephone number of the major stationary source; 

53 (b) the annual emissions as calculated pursuant to Paragraph (3) of Subsection 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 l3 
1 (6) A "reasonable possibility" under Subsection E of20.11.61.12 NMAC occurs when the owner or 

2 operator calculates the project to result in either: 

3 (a) a projected actual emissions increase of at least 50 percent of the amount that is a 

4 ''significant emissions 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 of emissions excluded under 

7 Paragraph (3) of Subsection VV of20.11.61.7 NMAC, sums to at least 50 percent of the amount that is a 

8 "significant emissions increase,'' as defined under Subsection AAA of 20.11.61. 7 NMAC (without reference to the 

9 amount that is a significant net emissions increase), for the regulated NSR pollutant; for a project for which a 

10 reasonable possibility occurs only within the meaning of Subparagraph (b) of Paragraph (6) of Subsection E of 

11 20.11.61.12 NMAC, and not also within the meaning of Subparagraph (a) of Paragraph (6) of Subsection E of 

12 20.11.61.12 NMAC, then provisions of Paragraphs (2) through (5) of Subsection E of20.11.61.12 NMAC do not 

13 apply to the project. 

14 F. The owner or operator of the source shall make the information required to be documented and 

15 maintained pursuant to Subsection E of20.11.61.12 NMAC available for review upon request for inspection by the 

16 department or the 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 of a proposed source or modification shall 

20 submit all infonnation necessary to 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 ofthe nature, location, design capacity, and typical operating schedule ofthe source 

23 or modification, including specifications and drawings showing the design and plant layout; and 

24 (2) a detailed schedule of construction of the source or modification; and 

25 (3) a detailed description of the planned system of continuous 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 of any 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 CONTROL TECHNOLOGY REVIEW AND INNOVATIVE CONTROL TECHNOLOGY: 

37 A. A new major stationary source shall apply best available control technology for each regulated 

38 NSR pollutant that it would have the potential to emit in amounts equal to or greater than the significance levels as 

39 listed in Table 2 of 20.11.61.27 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 of a physical 

44 change or change in the method of operation in the unit. 

45 C. For phased construction projects, the determination of best available control technology shall be 

46 reviewed and modified as appropriate at the latest reasonable time but no later than 18 months prior to 

47 commencement of construction of each independent phase of the project. At such time, the owner or operator of the 

48 applicable stationary source may be required to demonstrate the adequacy of any previous determination of best 

49 available control technology for the source. 

SO D. Innovative control technology. The department may approve a system of innovative control 

S 1 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, or safety in its operation or function; and 

54 (2) the owner or operator agrees to achieve a level of continuous 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 14 
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deparbnent. Such date shall not be later than four years :from the time of startup or seven years :from permit 

issuance; and 

(3) the source or modification would meet the requirements equivalent to 20.11.61.14 NMAC and 

20.11.61.1 S NMAC based on the emissions rate that the stationary source employing the system of innovative 

control technology would be required to meet on the date specified by the department; and 

would not: 

(4) during the interim period ofachieving the permitted emission level, the source or modification 

(a) cause or contribute to a violation of an 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 

(5) all other applicable requirements including those for public participation have been met. 

E. The department shall withdraw any approval to employ a system of innovative 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 that the proposed system is unlikely to achieve the required 

level of control or to protect the public health, welfare, or safety. 

F. If a source or modification fails to meet the required level of continuous emission reduction within 

the specified time period or the 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 of best available control technology through use of a demonstrated system of control. 

G. If the owner or operator of a major stationary source or nuijor modification previously issued a 

permit under 20.11.61 NMAC applies for an extension, and the new proposed date of construction is greater than 18 

months :from the date the permit would become invalid, the determination of best available control technology shall 

be reviewed and modified as appropriate before such an extension is granted. At such time, the owner or operator of 

the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best 

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 of 20.11.61.1 5 NMAC shall apply to each pollutant emitted by a new major 

stationary source or major modification in amounts equal to or greater than that in Table 2 of20.11.61.27 NMAC. 

For particulate matter, the source will only be required to perform ambient impact analysis for PM10 when the source 

has the potential to emit significant amounts ofPM10 as determined :from Table 2 of20.11.61.27 NMAC. 

B. Source Impact analysis. 

(1) Required demonstration. The owner or operator of the proposed source or modification shall 

demonstrate that the allowable emission increases from the proposed source or modification, in conjunction with all 

other applicable emissions increases or reductions, (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.61.29 NMAC) 

over the baseline concentrations in any area. 

(2) Reserved 

C. The owner or operator of the proposed major stationary source or major modification shall 

demonstrate that neither a violation of Subparagraph (a) or (b) of Paragraph (1) of Subsection 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 of the proposed major stationary source or major modification shall provide 

an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the source or 

modification and general commercial, residential, industrial, and other growth associated with the source or 

modification. The owner or operator need not provide an analysis of the 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 IS 
1 B. The owner or operator shall also provide an analysis of the air quality impact projected for the area 

2 as a result of general commercial, residential, industrial, and other growth associated with the source or 

3 modification. 

4 C. The department may require monitoring of visibility in any federal class I area where the 

S department determines that an adverse impact on visibility may occur due primarily to the operations of the 

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 of visibility monitoring required by the department shall not exceed 50 percent of the cost 

11 of ambient monitoring required by 20.11.61 NMAC; if ambient monitoring is not required, the cost shall be 

12 estimated as if it 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 of such monitoring shall not exceed one year. 

1 S [20.11.61.16 NMAC - Rp, 20.11.61.16 NMAC, 1123/06; A, 8130/1 0] 

16 

17 20.11.61.17 AMBIENT AIR QUALITY MODELING: All estimates of ambient concentrations required by 

18 20.11.61 NMAC shall be based on applicable air quality models, data bases, and other requirements as specified in 

19 Appendix W to 40 CFR Part S l, its revisions, or any superseding EPA document, and approved by the department. 

20 Where an air quality model specified in the Appendix W to 40 CFR Part 51, Guideline on Air Quality Models, is 

21 inappropriate, the model may be modified or another model substituted. Any substitution or modification of a 

22 model must be approved by the department. Notification shall be given by the department of such a substitution or 

23 modification and the opportunity for public comment provided for in fulfilling the public notice requirements in 

24 Subsection B of 20.11.61.21 NMAC. The department will seek EPA approval of such 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 pursuant to 40 CFR 51.166 (e.g. 

31 20.11.61 NMAC) shall contain an analysis of ambient air quality in the area that the major stationary source or 

32 major modification would affect for each of the following pollutants: 

33 {a) for a major stationary source, each pollutant that 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) If no 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 of that pollutant would affect. 

40 (3) For pollutants (other than nonmethane hydrocarbons) for which a standard does exist, the analysis 

41 shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that 

42 pollutant would cause or contribute to a violation of the 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 of one year and shall represent the one year period preceding receipt of the 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 shorter than one year but not less than four months; or 

48 (b) determine that existing air quality monitoring data is representative of air quality in the 

49 affected area and accept such data in lieu of additional monitoring by the applicant. 

50 (5) Ozone monitoring shall be performed if monitoring data is required for volatile organic 

51 compounds or oxides of nitrogen. The owner or operator of a proposed mlijor stationary source or major 

52 modification of volatile organic compounds who satisfies all conditions of 40 CFR Part 51 Appendix S, Section IV 

53 may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under 

S4 Subsection A of20.11.61.18 NMAC. 

55 B. Post-construction monitoring. The owner or operator of a major stationary source or major 

56 modification shall, after construction of the stationary source or modification, conduct such ambient monitoring as 

20.11.61 NMAC Public Review Draft 2/2012015 16 
1 the department determines is necessary to determine the effect emissions from the stationary source or modification 

2 may have, or are having, on air quality in any area, including monitoring to validate attainment of ambient air 

3 quality standards and to assure that increments are not exceeded. 

4 C. Operation or monitoring stations. The owner or operator of a major stationary source or major 

5 modification shall meet the requirements of 40 CFR 58, Appendix B during the operation of monitoring stations for 

6 purposes of satisfying the requirements of Subsections 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 of Subsections A through C of 20.11.61.18 NMAC with respect to 

9 monitoring for a particular pollutant if: 

10 (1) the emissions increase of the pollutant from a new stationary source or the net emissions increase 

11 ofthe pollutant 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 of the pollutant in the area affected by the 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 of Subsection 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 or modification with respect 

20 to a particular pollutant, if the allowable emissions of that pollutant from the source, or the 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 of an actuals PAL, including for GHGs on either a mass 

28 basis or a C02e basis, for any existing major stationary source or any existing GHG-only source if the 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) Any physical change in or change in the method of operation of a major stationary source or a 

32 GHG-only source that maintains its total source-wide emissions below the PAL level, meets the requirements of 

33 20.11.61.20 NMAC, and complies with the PAL permit: 

34 (a) is not a major modification for the PAL pollutant; 

35 (b) does not have to be approved through the plan's major NSR program; 

36 (c) is not subject to 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 of the major 

38 NSR program); and 

39 (d) does not make GHGs "subject to regulation" as defined by Subsection CCC of20.11.61.7 

40 NMAC. 

41 (3) Except as provided under Subparagraph (c) of Paragraph (2) of Subsection A of20.11.61.20 

42 NMAC, a major stationary source or a GHG-on1y source shall continue to comply with all applicable federal or state 

43 requirements, emission limitations, and work practice requirements that were established prior to the effective date 

44 of the PAL. 

45 B. Definitions applicable to 10.11.61.10 NMAC. 

46 (I) Actuals PAL for a major stationary source means a PAL based on the baseline actual emissions 

47 (as defined in Subsection I of20.11.61.7 NMAC) ofall emissions units (as defined in Subsection Y of20.11.61.7 

48 NMAC) at the source, that emit or have the potential to emit 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) of Subsection B of 

SO 20.11.61.20 NMAC) of all emissions units (as defined in Paragraph ( 14) of Subsection B of 20.11.61.20 NMAC) at 

51 the source, that emit or have 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 17 
I (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 "or enforceable as a practical matter'' should be added after 

3 "federally enforceable". 

4 (3) Small emissions unit means an emissions unit that emits or has 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. For a GHG PAL issued on a C02 e basis, small emissions 

1 unit means an emissions unit that emits or has the potential to emit less than the amount ofGHGs on a C02 e basis 

8 defined as "significant'' for the purposes of Paragraph (3) of Subsection CCC of20.11.61.7 NMAC at the time the 

9 PAL permit is being issued. 

10 (4) Major emissions unit means: 

II (a) Any emissions unit that emits or has the potential to emit I 00 tons per year or more of the 

12 PAL pollutant in an attainment area; or 

13 (b) any emissions unit that emits or has the potential to emit the PAL pollutant in an amount 

14 that is equal to or greater than the major source threshold for the PAL pollutant as defined by the act for 

IS nonattainment areas. For example, in accordance with the definition of major stationary source in Section I82(c) of 

16 the act, an emissions unit would be a major emissions unit for VOC if the 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 G HG PAL issued on a C02 e basis, any emissions unit that emits or has the potential 

19 to emit equal to or greater than the amount of GHGs on a COz e basis that would be sufficient for a new source to 

20 trigger permitting 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, or expressed in tpy C02 e for a C02 e-based GHG emission limitation, for a pollutant at a 

24 major stationary source or GHG-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 of issuance of the PAL permit. However, the PAL 

27 effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification 

28 becomes operational and begins to emit the PAL pollutant. 

29 (7) PAL effective period means the period beginning with the PAL effective date and ending I 0 

30 years later. 

31 (8) PAL major modification means, notwithstanding the definitions for major modification, 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 of operation of the PAL source that causes it to emit the PAL pollutant 

34 at a level equal to or greater than the PAL. 

35 (9) PAL permit means the major NSR permit, the minor NSR permit, or the state operating permit 

36 under a program that is approved into the SIP, or the title V permit 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 significant level (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 a major emissions unit as defined in Paragraph (4) of Subsection 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 or has the potential to emit 

45 GHGs on a C02 e basis in amounts equal to or greater than the amount that would qualify the unit as small 

46 emissions unit as defined in Paragraph (3) of Subsection 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) of Paragraph (4) of Subsection 8 of 

48 20.11.61.20 NMAC. 

49 (12) GHG-only source means any existing stationary source that emits or has the potential to emit 

SO GHGs in the amount equal to or greater than the amount ofGHGs on a mass basis that would be sufficient for a new 

S 1 source to trigger permitting requirements 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 or have 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 GHG PAL means the average rate, in tpy C02 e or tpy GHG, as 

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

3 the owner or operator within the 1 0-year period immediately preceding either the date the owner or operator begins 

4 actual construction of the project, or the date a complete permit application is received by the administrator for a 

S permit required under 40 CFR 52.21 or by the department for a permit required by a plan, 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 or tpy 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-year period immediately preceding 

9 either the date the owner or operator begins actual construction of the project, except that the administrator shall 

1 0 allow the use of a different time period upon a determination that it is more representative of normal 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) of Paragraph (13) of Subsection B of20.11.61.20 NMAC. 

23 (14) Emissions unit with respect to GHGs means any part of a stationary source that emits or has the 

24 potential to emit GHGs. For purposes of 40 CFR 52.21, there are two types of emissions units as described in the 

2S following: 

26 (a) a new emissions unit is any emissions unit that 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 meet the requirements in 

29 Subparagraph {a) of Paragraph (14) of Subsection B of20.11.61.20 NMAC. 

30 (I 5) Minor source means any stationary source that does not meet the definition of major stationary 

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 of a permit application requesting a PAL, the owner 

33 or operator of a major stationary source or a GHG-only source shall submit the following information to the 

34 department for approval. 

3S (1) A list of all emissions units at the source designated as small, significant or major based on their 

36 potential to emit. In addition, the owner or operator ofthe source shall indicate which, if any, federal or state 

37 applicable requirements, emission limitations, or work practices apply to each unit. 

38 (2) Calculations of the baseline actual emissions (with supporting documentation). Baseline actual 

39 emissions are to include emissions associated not only with operation of the unit, but also emissions associated with 

40 startup, shutdown, and malfunction. 

41 (3) The calculation procedures that the major stationary source owner or 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 of a permit application requesting a GHG PAL, the owner or operator of a major 

45 stationary source or a GHG-only source shall submit a statement by the source owner or operator that clarities 

46 whether the source is an existing major source as defined in Subparagraphs (a) and (b) of Paragraph (1) of 

47 Subsection KK of20.11.61.7 NMAC or a GHG-onlysource as defined in Paragraph {12) of Subsection 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 a mass basis in tons per 

53 year, or expressed in tpy C02 e, that is enforceable as a practical 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 of establishing a PAL, 

SS the major stationary source or GHG-only source owner or operator shall show that the sum of the 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). For each 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 of the 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 of Subsection G of 20.11.61.20 NMAC. 

7 (d) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions 

8 units that emit or have the potential to emit the PAL pollutant at the major stationary source or GHG-only source. 

9 (e) Each PAL shall regulate emissions of only one pollutant. 

10 (f) Each PAL shall have a PAL effective period of 10 years. 

11 (g) The owner or operator of the major stationary source or GHG-only source with a PAL shall 

12 comply with the monitoring, recordkeeping, and reporting requirements provided in Subsections L through 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 of a PAL pollutant 

IS that occur during the PAL effective period creditable as decreases for purposes of offsets under 40 CFR 

16 S 1.165(a)(3)(ii) unless the level of the PAL is reduced by the amount of such emissions reductions and such 

17 reductions would be creditable in the absence of the PAL. 

18 E. Public participation req ulrements for PALs. PALs for existing major stationary sources or 

19 GHG-only sources shall be established, renewed, or increased, through a procedure that is consistent witb 40 CFR 

20 5 1.160 and 161. This includes the requirement that tbe department provide the public with notice of the proposed 

21 approval of a PAL permit and at least a 30-day period for submittal of public comment. The department must 

22 address all material comments before taking final action on the permit. 

23 F. Setting the 1 0-year aetuals PAL leveL 

24 (1) Except as provided in Para&nPh (2) of Subsection F of20.11.61.20 NMAC, tbe actuals PAL level 

25 for a major stationary source or a GHG-only source shall be established as the sum of the baseline actual emissions 

26 (as defined in Subsection I of20.11.61.7 NMAC or, for GHGs Paragraph (13) of Subsection B of20.11.61.20 

27 NMAC) of the 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 under the act, whichever is 

29 lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must 

30 be used to determine the 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 after this 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 permit to become effective on the future compliance date(s) 

34 of any applicable federal or state regulatory requirement( s) that the department is aware of prior to issuance of the 

3S PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial 

36 boilers in halfftom baseline emissions of60 ppm NOx to a new rule limit of30 ppm, 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 of adding the baseline actual emissions as specified in 

41 Paragraph (I) of Subsection F of20.11.61.20 NMAC, the emissions must be added to the PAL level in an amount 

42 equal to the potential to emit of the units. 

43 (3) For COz e based GHG PAL, the actuals PAL level shall be established as the sum of the GHGs 

44 baseline actual emissions (aS defined in Paragraph {13) of Subsection B of20.11.61.20 NMAC) of GHGs for each 

4S emissions unit at the source, plus an amount equal to the amount defined as "significant .. on a C01 e basis for the 

46 purposes ofParagraph (3) of Subsection CCC of20.11.61.7NMAC at the 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) of any applicable federal or state regulatory requirement(s) that the department is aware of prior to issuance 

52 of the PAL permit. 

53 G. Coatents of the PAL permit. The PAL permit shall contain, at a minimum, the following 

S4 information. 

55 (I) The PAL pollutant and the applicable source· wide emission limitation in tons per year or tpy 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 of the PAL (PAL effective period). 

2 (3) Specification in the PAL permit that if a major 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 of the PAL effective period. It shall remain in effect until a 

S revised PAL pennit is issued by the department. 

6 (4) A requirement that emission calculations for compliance purposes include emissions from 

7 startups, shutdowns and malfunctions. 

8 (5) A requirement that, once the PAL expires, the major stationary source or GHG-only source is 

9 subject to the requirements of Subsection I of 20.11.61.20 NMAC. 

I 0 (6) The calculation procedures that the major stationary source or GHG-only source owner or 

II operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-

12 month rolling total for each month as required by Paragraph (1) of Subsection M of20.11.61.20 NMAC. 

13 (7) A requirement that the major stationary source or GHG-only source owner or operator monitor all 

14 emissions units in accordance with the provisions under Subsection L of20.11.61.20 NMAC. 

1 S (8) A requirement to retain the records required under Subsection M of20.11.61.20 NMAC on site. 

16 Such records may be retained in an electronic format. 

17 (9) A requirement to submit the 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) A permit 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 subject to regulation under Subsection CCC of 20.11.61. 7 NMAC as 

22 long as the source complies with the PAL. 

23 H. PAL effective period and reopening of the PAL permit. 

24 ( 1) PAL effective period. The PAL effective period shall be 10 years. 

25 (2) Reopening of the PAL permit. 

26 (a) During the PAL effective period, the department shall reopen the PAL permit to: 

27 (i) correct typographicaVcalculation errors made in setting the PAL or reflect a more 

28 accurate determination of emissions used to establish the PAL; 

29 (ii) reduce the PAL if the owner or operator of the major stationary source creates 

30 creditable emissions reductions for use as offsets under 40 CFR S 1.165(a)(3Xii); and 

31 (iii) revise the PAL to reflect an increase in the PAL as provided under Subsection K of 

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 after the PAL effective date; 

36 (ii) to reduce the PAL consistent with any other requirement, 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 if the department determines that a reduction is necessary to avoid 

40 causing or contributing 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) of Subparagraph (a) of Paragraph (2) of 

44 Subsection H of 20.11.61.20 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 of Subsection 

46 E of20.11.61.20 NMAC. 

4 7 1. Expiration of a PAL. Any PAL that is not renewed 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 of emissions units, that existed under the PAL shall comply 

51 with an allowable emission limitation under a revised permit established according to the procedures in Paragraph 

52 (1) of Subsection I of20.11.61.20 NMAC. 

53 (a) Within the time frame specified for PAL renewals in Paragraph (2) of Subsection J of 

S4 20.11.61.20 NMAC, the major stationary source or GHG-only source shall submit a proposed allowable emission 

SS limitation for each emissions unit, (or each group of emissions units, if such 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 21 
1 only source among each ofthe emissions units that existed under the PAL. lfthe PAL had not yet been adjusted for 

2 an applicable requirement that became effective during the PAL effective period, as required under Paragraph (5) of 

3 Subsection J of 20.11.61.20 NMAC, such distribution shall be made as if the 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 of monitoring 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, or each group of emissions units, as required under Subparagraph (b) of Paragraph ( 1) of Subsection 1 of 

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 of operation at the major stationary source or GHG1 S only source will be subject to major NSR requirements if such change meets the definition of major modification in 

16 Subsection II of 20.11.61. 7 NMAC. 

17 (5) The major stationary source owner or operator shall continue to comply with any state or federal 

18 applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period 

19 or prior to the PAL effective period except for those emission limitations that had been established pursuant to 

20 Subsection D of20.11.61.12 NMAC, but were eliminated by the PAL in accordance with the provisions in 

21 Subparagraph (c) of Paragraph (2) of Subsection A of20.11.61.20 NMAC. 

22 J. Renewal of a 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 for review and comment. 

26 During such public review, any person may propose a PAL level for the source for consideration by the department. 

27 (2) Application deadline. A major stationary source or GHG-only source owner or operator shall 

28 submit a timely application to the department to request renewal of a PAL. A timely application is one that is 

29 submitted at least six months prior to, but not earlier than 18 months from, the date of permit expiration. This 

30 deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the 

31 owner or operator of a 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 of the potential to emit of all 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) PAL adjustment. In determining whether and how to adjust the PAL, the department shall 

43 consider the options outlined in Subparagraphs (a) and (b) of Paragraph (4) Subsection J of20.11.61.20 NMAC. 

44 However, in no case may any such adjustment fail to comply with Subparagraph (c) of Paragraph 4 of Subsection 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 of the PAL level, the department may renew the PAL at the same level without 

48 considering the factors set forth in Subparagraph (b) ofParagraph (4) of Subsection J of20.11.61.20 NMAC; or 

49 (b) the department may set the PAL at a level that it determines to be more representative of 

SO the source's baseline actual emissions, or that 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 other factors as specifically identified by the department in its written rationale. 

53 (c) Notwithstanding Subparagraphs (a) and (b) of Paragraph (4) of Subsection J of20.11.61.20 

54 NMAC: 

55 (i) if the potential to emit of the 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 of the source; and 

20.11.61 NMAC Public Review Draft 2120120 1 S 22 
1 (ii) the department shall not approve a renewed PAL level higher than the current PAL. 

2 unless the major stationary source or GHG-only source has complied with the provisions of Subsection K of 

3 20.11.61.20 NMAC, Increasing a PAL during the PAL effective period. 

4 (S) If the compliance date for a state or federal requirement that applies to the PAL source occurs 

5 during the PAL effective period, and if the department has not already adjusted for such requirement, the PAL shall 

6 be adjusted at the time of PAL permit renewal or Title V permit renewal, whichever occurs first. 

7 K. Increasing a PAL daring tbe PAL effective period. 

8 (1) The department may increase a PAL emission limitation only if the major stationary source or 

9 GHG-on1y source complies with the following provisions. 

10 (a) The owner or operator of the major stadonary source or GHG-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) As part of this application, the major stationary source or GHG-only source owner or 

IS operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of 

16 the baseline actual emissions of the significant and major emissions units assuming applicadon of BACT equivalent 

17 controls, plus the sum ofthe allowable emissions of the new or modified emissions unit(s), exceeds the PAL. The 

18 level of control that would result from BACT equivalent controls on each significant or major emissions unit shall 

19 be determined by conducting a new BACT analysis at the time the applicadon is submitted, unless the emissions 

20 unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 

21 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or 

22 LAER with which that emissions unit must currently comply. 

23 (c) The owner or operator obtains a major NSR permit for all emissions unit(s) identified in 

24 Subparagraph (a) ofParaaraph (I) ofSubsecdon B of20.11.61.20 NMAC, regardless of the magnitude of the 

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 major NSR process, for example, BACT, even though they have 

27 also become subject to the PAL or continue to be subject to the 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 part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 

30 (2) The department shall calculate the new PAL as the sum of the allowable emissions for each 

31 modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions 

32 units (assuming application of BACT equivalent controls as determined in accordance with Subparagraph (b) of 

33 Paragraph (I) ofSubsecdon K of20.11.61.20 NMAC), plus the sum of the baseline actual emissions of the small 

34 emissions units. 

3S (3) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice 

36 requirements of Subsection 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 of the PAL pollutant in terms of mass per unit of time or C02 e per 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 a judicial proceeding to 

44 enforce the PAL permit. 

45 (b) The PAL monitoring system must employ one or more of the four general monitoring 

46 approaches meedng the minimum requirements set forth in Paragraph (2) of Subsection L of20.11.61.20 NMAC 

47 and must be approved by the department. 

48 (c) Notwithstanding Subparagraph (b) ofParagraph (1) of Subsection L of20.11.61.20 NMAC. 

49 you may also employ an alternative monitoring approach that meets Subparagraph (a) of Paragraph (1) of 

SO Subsecdon L of20.11.61.20 NMAC if approved by the department. 

S 1 (d) Failure to use a monitoring system that meets the requirements of20. 1 1.61.20 NMAC 

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) of Subsection L of20.1 1.61.20 NMAC: 

S6 (a) mass balance calculations for acdvities using coatings or solvents; 

20.11.61 NMAC Public Review Draft 2!20120IS 23 
1 (b) CEMS; 

2 (c) CPMS or PEMS; and 

3 (d) emission factors. 

4 (3) Mass balanee ealenlations. An owner or operator using 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 of validating the published content of the PAL pollutant that 

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 of the PAL pollutant that is contained in or created 

9 by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; 

10 and 

11 (c) where the vendor of a material or fuel. which is used in or at the emissions unit, publishes a 

12 range of pollutant content from such material, the owner or operator must use the highest value of the range to 

13 calculate the PAL pollutant emissions 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 operator using CEMS to monitor PAL pollutant emissions shall meet the 

16 following requirements: 

17 (a) CEMS must comply with applicable performance specifications found in 40 CFR part 60, 

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 or PEMS. An owner or operator using CPMS or PEMS 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 of operation of the 

2$ emissions unit; and 

26 (b) each CPMS or PEMS 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 or operator using emission factors to monitor PAL pollutant 

29 emissions shall meet the following requirements: 

30 (a) all emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty 

31 or limitations in the factors' development; 

32 (b) the emissions unit shall operate within the designated range of use for the emission factor, if 

33 applicable; and 

34 (c) if technically practicable, the owner or operator of a significant emissions unit that relies on 

35 an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific 

36 emission factor within six months of PAL permit issuance, unless the department determines that testing is not 

37 required. 

38 (7) A source owner or operator must record 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 another method for determining emissions during such periods is 

41 specified in the PAL permit. 

42 (8) Notwithstanding the requirements in Paragraphs (3) through (7) of Subsection L of20.11.61.20 

43 NMAC, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored 

44 parameter(s) and the PAL pollutant emissions rate at all operating points ofthe emissions unit, the department shall. 

45 at the time of permit 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 of the emissions unit during operating conditions when there is no 

49 correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL. 

SO (9) Revalidation. All data used to establish the PAL pollutant must be 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 of the PAL. 

53 M. Recordkeeping requirements. 

54 (1) The PAL permit shall require an owner or operator to retain a copy of all records necessary to 

55 determine compliance with any requirement of20.11.61.20 NMAC and of the PAL, including a determination of 

56 each emissions unit's 12-month rolling total emissions, for five years from the date of such record. 

20.11.61 NMAC Public Review Draft 212012015 24 
I (2) The PAL pennit shall require an owner or operator to retain a copy of the following recon:ls, for 

2 the duration of the PAL effective period plus five years: 

3 (a) a copy of the PAL permit application and any applications for revisions to the PAL; and 

4 (b) each annual certification of compliance pursuant to 20.11.42 NMAC, Operating Permits, 

S and the data relied on in certifying the 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 of the end of each reporting period. This report shall contain the following information. 

11 (a) The identification of owner and operator and the permit number. 

12 (b) Total annual emissions (expressed on a mass-basis in tonsfyear, or expressed in tpy C02 e) 

13 based on a 12-month rolling totaJ for each month in the reporting" period recorded pursuant to Paragraph (1) of 

14 Subsection M of20.11.61.20 NMAC. 

IS (c) All data relied upon, including, but not limited to, any quality assurance or quality control 

16 data, in calculating the monthly and annual PAL pollutant emissions. 

17 (d) A list of any emissions units modified or added to the major stationary source or GHG-only 

18 source during the precedin& six-month period. 

19 (e) The number, duration, and cause of any deviations or monitoring malfunctions (other than 

20 the time associated with zero and span calibration checks), and any corrective action taken. 

21 (f) A notification of a shutdown of any monitoring system, whether the shutdown was 

22 permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully 

23 operational or replaced with anolher monitoring system, and whether the emissions unit monitored by the 

24 monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number 

25 determined by method included in the permit, as provided by Paragraph (7) of Subsection L of20.1 1.61.20 NMAC. 

26 (g) A signed statement by the responsible official as defined by 20.11.42.7 NMAC certifying 

27 the truth, accuracy, and completeness of the information provided in the report. 

28 (2) Deviation report. The major stationary source or GHG-only source owner or operator shall 

29 promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no 

30 monitoring is available. A report submitted pursuant to 40 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 of owner and operator and the permit number; 

34 (b) the PAL requirement that experienced the deviation or that was exceeded; 

3S (c) emissions resulting from the deviation or the exceedance; and 

36 (d) a signed statement by the responsible official as defined by 20.11.42.7 NMAC certifying 

37 the truth, accuracy, and completeness of the information provided in the report. 

31 (3) Revalidation results. The owner or operator shall submit to the department the results of any 

39 revalidation test or method within three months after completion of such test or method. 

40 0. Transition requirements. 

41 (I) The department may not issue a PAL that does not comply with the requirements of Subsections 

42 A through 0 of20.11.61.20 NMAC after March 3, 2003. 

43 (2) The department may supersede any PAL which was established prior to March 3, 2003 with a 

44 PAL that complies with the requirements of Subsections A through 0 of 20.11.61.20 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 after receipt of an application, review such application and 

49 determine whether it is administratively complete or there is any deficiency in the application or information 

SO submitted. To be deemed administratively complete, the application must meet the requirements of20.11.6l.13 

S 1 NMAC in addition to the requirements of 20.11.41 NMAC. If the application is deemed: 

S2 ( 1) administratively complete, a letter to that effect shall be sent by 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 or points of clarification are necessary to deem the application administratively complete; 

SS upon receipt of the additional information or clarification, the department shall promptly review such information 

S6 and determine whether the application is administratively complete; 

20.11.61 NMAC Public Review Draft 21201201 S 25 
1 (3) administratively complete but no permit is required, a letter shall be sent by certified mail to the 

2 applicant infonning the applicant of the detennination. 

3 B. For purposes of determiniDI minor source baseline date punuant to 40 CFR 51: 

4 (1) an application is complete when it contains all the infonnation necessary for processing the 

S application; designating an application complete for purposes of 40 CFR S 1 does not preclude the department ftom 

6 requesting or accepting 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 of receipt of the application shall be the date on which the department received all 

9 required infonnation. 

10 C. Witbia one year after receipt of a complete application, the department shall: 

11 (1) Make a preliminary detennination whether construction should be approved, approved with 

12 conditions, or disapproved. 

13 (2) Make available at the department district and local office nearest to the proposed source a copy of 

14 all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other 

15 materials, if any, considered in making the preliminary detennination. 

16 (3) Notify the public by advertisement in a newspaper of general 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 of increment consumption that is expected from the source or modification; and 

21 (d) of the opportunity for comment at a public hearing as well as written public comment; the 

22 public comment period shall be for 30 days from the date of such advertisement. 

23 (4) Send a copy of the notice of public comment to: 

24 (a) the applicant; 

25 (b) the administrator; and 

26 (c) officials and agencies having jurisdiction over the location where the proposed construction 

27 would occur as folJows: any other state or local air pollution control agencies; the chief executives of the 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 governing body whose lands may be affected by emissions ftom the source or 

30 modification. 

31 (5) Provide opportunity for a public hearing for interested persons to appear and submit written or 

32 oral comments on the air quality impact of the source, alternatives to it, the control technology required, and other 

33 appropriate considerations. 

34 (6) Consider all written comments submitted within a time specified in the notice of public comment 

35 and all comments received at any public hearing(s) in making a final decision on the approvability of the 

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 not to exceed 90 days for good cause: 

40 (a) make a final detennination of whether construction should be approved, approved with 

41 conditions, or disapproved; and 

42 (b) notify the applicant in writing of the final determination and make such notification 

43 available for public inspection at the same location where the department made available preconstruction 

44 infonnation and public comments relating to the source. 

4S [20.1 1.61.21 NMAC- N, 1/23/06; A. 8/30/10] 

46 

47 20.11.61.22 STACK HEIGHT CREDIT: 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 FROM INCREMENT CONSUMPTION: 

52 A. Following a public hearing, the director may exclude the following concentrations in determining 

53 compliance with a maximum allowable increase: 

54 (1) concentrations attributable to the increase in emissions ftom stationary sources which have 

SS converted from the use of petroleum products, natural gas, or both by reason of an order in effect under Section 2 (a) 

20.11.61 NMAC Public Review Draft 2/20/201 S 26 
1 and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), over the 

2 emissions from such sources before the effective date of such an order; 

3 (2) concentrations attributable to the increase in emissions from sources which have converted from 

4 using natural gas by reason of natural gas curtailment plan in effect pursuant to the Federal Power Act, over the 

S emissions from such sources before the effective date of such plan; 

6 (3) concentrations of particulate matter attributable to the increase in emissions from construction or 

1 other temporary emission-related activities of new or modified 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 of sulfur dioxide, particulate 

It matter, or nitrogen oxides from stationary sources which are affected by plan revisions approved by the 

12 administrator as meeting the criteria specified in Subsection D of20.11.61.23 NMAC. 

13 B. If the plan provides that the concentrations to which Paragraph (I) or (2) of Subsection A of 

14 20.11.61.23 NMAC refers, shall be excluded, it shall also provide that no exclusion of such concentrations shall 

IS apply more than five years after the effective date of the order to which Paragraph (I) of Subsection A of 

16 20.11.61.23 NMAC refers, or the plan to which Paragraph (2) of Subsection A of20.11.61.23 NMAC refers, 

17 whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply more than five 

18 years after the later of such effective dates. 

19 C. [Reserved] 

20 D. For purposes of excluding concentrations pursuant to Paragraph (S) of Subsection A of 

21 20.11.61.23 NMAC, the administrator may approve a plan revision that: 

22 (I) specifies the time over which the temporary emissions increase of sulfur dioxide, particulate 

23 matter, or nitrogen oxides would occur such time is not to exceed 2 years in duration unless a longer time is 

24 approved by the administrator; 

25 (2) specifies that the time period for excluding certain contributions in accordance with Paragraph (I) 

26 of Subsection D of20.11.61.23 NMAC, is not renewable; 

21 (3) allows no emissions increase from a stationary source which would: 

28 (a) impact a class I area or an area where an applicable increment is known to be violated; or 

29 (b) cause or contribute to the violation of a NAAQS; 

30 (4) requires limitations to be in effect the end of the time period specified in accordance with 

31 Paragraph (1) of Subsection D of20.11.61.23 NMAC, which would ensure that the emissions levels from stationary 

32 sources affected by the 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 FEDERAL CLASS I AREAS- ADDITIONAL 

37 REQUIREMENTS: 

3& A. Notice to EPA. The department shall transmit to the administrator and the federal land manager a 

39 copy of each permit application relating to a major stationary source or major modification proposing to locate 

40 within 100 kilometers of any federal class I area. The complete permit application shall be transmitted within 30 

41 days of receipt and 60 days prior to any public hearing on the application. The department shall include all relevant 

42 information in the permit application. Relevant information shall include an analysis of the 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 of the permit application and shall consider any analysis performed by the 

45 federal land manager concerning the impact of the proposed major stationary source or major modification on 

46 AQRV. This consideration shall include visibility, if such analysis is received within 30 days after the federal land 

47 manager receives a copy of the complete application. Additionally, the department shall notify any affected federal 

48 land man&&er within 30 days from the date the department receives a request for a pre-application meeting from a 

49 proposed source subject to 20.11.61 NMAC. Notice shall be provided to the administrator and federal land manager 

SO of every action related to the consideration of such permit. The department shall also provide the federal land 

51 manager and the administrator with a copy of the preliminary determination required under 20.11.61.21 NMAC and 

52 shall make available to them any materials used in making that determination. In any case where the department 

53 disagrees with the federal land manager's analysis of source impact on AQRV, the department shall, either explain 

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 department will also explain its 

20.11.61 NMAC Public Review Draft 21201201 S 27 
I decision or give notice to the public by advertisement in a newspaper of general 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 air quality control agencies of neighboring states and Indian 

4 governing bodies a copy of each permit application having the potential to affect federal class I areas or increment 

S consumption in areas under their jurisdiction. The department shall also provide the affected air quality control 

6 agencies and Indian governing bodies with a copy of the preliminary determination required under 20.11.61.21 

7 NMAC and shall make available to them any materials used in making that determination. The department shall 

8 include a provision for a 60 day comment period 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 of any such lands may demonstrate to the 

II department that the emissions from a proposed source or modification would have an adverse impact on the AQRV 

12 (including visibility}, of those lands, notwithstanding that the change in air quality resulting from emissions from 

13 such proposed source or modification would not cause or contribute to concentrations which would exceed the 

14 maximum aUowable increases for a federal class I area. If the department concurs with such demonstration, then the 

IS source shall not be issued a permit 

16 D. aass I waiven: The owner or operator of a proposed source or modification may demonstrate to 

17 the federal land manager that the emissions from such proposed source or modification would have no adverse 

18 impact on the AQRV of any such lands (including visibility}, notwithstanding that the change in air quality resulting 

19 from emissions from such source or modification would cause or contribute to concentrations which would exceed 

20 the maximum aUowable increases for a federal class I area. If the federal land manager concurs with such 

21 demonstration and so certifies to the department. the department may: provided, that the applicable requirements are 

22 otherwise met. issue the permit with such emission limitations as may be neccssaty to assure that emissions of sulfur 

23 dioxide, PMu. PM 1o and oxides of nitrogen would not exceed the maximum allowable increases over minor source 

24 baseline concentrations for such pollutants, as shown in Table 5 of20.11.61.30 NMAC. 

25 :E. For the case where the federal land manager does not perform an impact analysis with respect to 

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 if the department determines that an adverse impact on visibility would occur. The 

28 adverse impact must be due, primarily, to the operation of the proposed source or modification. 

29 F. Sulfur dioxide waiver by gcwemor with FLM concurrence: The owner or operator of a 

30 proposed major stationary source or major modification, which cannot be approved under Subsection D of 

31 20.11.61.24 NMAC, may demonstrate to the governor that the source or modification cannot be constructed by 

32 reason of any maximum allowable increase for sulfur dioxide for a period of24 hours or less applicable to any class 

33 I area and, in the case of federal mandatory class I areas, that a waiver from this requirement would not adversely 

34 affect the AQRV of the area (including visibility). The governor, after consideration of the federal land manager's 

35 recommendation (if any) and subject to his concurrence, may, after notice and public hearing. grant a waiver ftom 

36 such maximum allowable increase. If the waiver is granted, the department shall issue a permit to the owner or 

37 operator of the source or modification. Any owner or operator of a source or modification who obtains a permit 

38 under 20.11.61 NMAC shall comply with sulfur dioxide emissions limitations. These limitations do not allow 

39 increases of ambient concentrations, above the baseline concentration, to exceed the levels found in Table 6 of 

40 20.11.61.31 NMAC for periods of24 hours or less for more than 18 days, not necessarily consecutive, in any annual 

41 period. 

42 G. Sulfur dioxide waiver by governor with the president's concurrence. In any case where the 

43 governor recommends a waiver in which the federal land manager does not concur, the recommendations of the 

44 governor and the federal land manager shall be transmitted to the president through the office of the governor. The 

45 president may approve the governor's recommendation if he finds that the waiver is in the national interest. If the 

46 waiver is approved, the department shall issue the permit. Any source or modification that obtains a permit under 

47 20.11.61 NMAC shall comply with sulfur dioxide 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 of 24 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 of the following areas which were In existence on August 7, 1977, shall be class I areas 

SS and may not be redestcnated: 

56 (a) international parks (all of them); 

20.11.61 NMAC Public Review Draft 212012015 28 
I (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 by NPS; 

8 (d) Gila wilderness, administered by national forest service (NFS); 

9 (e) Pecos wilderness, administered by NFS; 

10 (f) Salt Creek wilderness, administered by NFWS; 

11 (g) San Pedro Parks wilderness, administered by NFS; 

12 (h) Wheeler Peak wilderness, administered by NFS; 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 or II: 

16 (a) an area which, as of August 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 or national 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 by NFWS; 

28 (f) Capitan mountains wilderness, administered by NFS; 

29 (g) Cebolla wilderness, administered by bureau of land management (BLM); 

30 (h) Chama River Canyon wilderness, administered by NFS; 

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 by NFS; 

35 (m) Manzano mountain wilderness, administered by NFS; 

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 by NFWS; 

39 (q) West Malpais wilderness, administered by BLM; 

40 (r) White Sands national monument, administered by NPS; 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 processing plant 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 of more than 250 million BTU/hr heat input. 

53 H. Fuel conversion plants. 

S4 I. Glass fiber processing plants. 

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. Kraft pulp mills. 

M. Lime plants. 

N. Municipal incinerators capable of charging more than 250 tons of refuse per day. 

0. Nitric acid plants. 

P. Petroleum refineries. 

Q. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels. 

R. Phosphate rock processing plants. 

S. Portland cement plants. 

T. Primary aluminum ore reduction plants. 

U. Primary copper smelters. 

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 sulfur dioxide 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 matter emissions 25 

PM,o emissions 15 

PMz.5 emissions 10 tpy of direct PM u emissions; 40 tpy 

of sulfur dioxide emissions; 40 tpy of 

nitrogen oxide emissions unless 

demonstrated not to be a PM u 

precursor under Subsection WW of 

20.11.61. 7 NMAC 

Sulfur compounds 

Hydrogen sulfide (818) 10 

Reduced sulfur comJ)OUJ1ds (incl. H1S) 10 

Sulfur dioxide 40 

Sulfuric acid mist 7 

Total reduced sulfur (incl. H2S) 10 

Any other regulated NSR pollutant that is not listed in this table Any emission rate 

20.11.61 NMAC Public Review Draft 2/20/2015 30 
1 

2 

3 

4 

5 

6 

7 

8 

9 

Each regulated pollutant Emission rate or net emissions increase 

associated with a major stationary source 

or major modification that causes an air 

quality impact of one microgram per 

cubic meter or greater (24-hr average) in 

any Class I Federal area located within 

I 0 km of the 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 per cubic 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 (PM to) 10 24 hours 

Sulfur compounds 

Hydrogen sulfide (H2S) 0.20 1 hour 

Reduced sulfur compounds (incl. H2S) 10 1 hour 

Sulfur dioxide 13 24 hours 

Sulfuric acid mist I 

Total reduced sulfur (incl. H2S) 10 1 hour 

a - No acceptable monitoring teclmiques available at this time. Therefore, monitoring is not required until 

acceptable teclmiques are available. 

b- No de minimis air quality level is provided for ozone. However, any net emissions increase of 100 tons 

per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required to 

Perform an ambient impact analysis, including the gathering of ambient 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&lm3

) 

Class I Class II Class Ill 

NitrG~en Dioxide 

I annual arithmetic mean 2.5 25 50 

Particulate Matter 

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-hour maximum s• 30. 60. 

Sulfur Dioxide 

annual arithmetic mean 2 20 40 

24-hour maximum s• 911 1821 

3-hour maximum 25' 5121 7008 

a -Not to 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 FOR CLASS I VARIANCES: 

20.11.61 NMAC Public Review Draft 2120/20 15 31 
Pollutant Maximum allowable increase 

Micrograms per cubic meter (Jlg/m3

) 

Nitroa;en Dioxide 

annual arithmetic mean 25 

Particulate Matter 

PM:u, annual arithmetic mean 4 

PM:u, 24-hour maximum 9 

PM to. annual arithmetic mean 17 

PM1o. 24-hour maximum 30 

Sulfur Dioxide 

annual arithmetic mean 20 

24-hour maximum 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 FOR SULFUR DIOXIDE WAIVER 

4 BY GOVERNOR: 

Period of Exposure 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 of Significant Deterioration, 113/85; 

It Regulation No. 29, Prevention of Significant Deterioration, 6/18/86; 

12 Regulation No. 29, Prevention of Significant Deterioration, 3/16/89; 

13 Regulation No. 29, Prevention of Significant Deterioration, 4124/90; 

14 Regulation No. 29, Prevention of Significant Deterioration, 2126/93. 

15 

16 History of Repealed Material: 

17 20 NMAC 11.61, Prevention of Significant Deterioration (filed 10127/95) repealed 1211/95. 

18 20.11.61 NMAC, Prevention of Significant Deterioration (filed 8/30/02) repealed 1123/06. 

19 

20 Other History: 

21 Regulation No. 29, Prevention of Significant Deterioration, filed 2126/93 renumbered, reformatted and replaced by 

22 20 NMAC 11.61, Prevention of Significant Deterioration, filed 10127/95. 

23 20 NMAC 11.61, Prevention of Significant Deterioration, filed 10/27/95 replaced by 20 NMAC 11.61, Prevention 

24 of Significant Deterioration, filed 3/18/99. 

25 20 NMAC 11.61, Prevention of Significant Deterioration, filed 3/18/99 renumbered, reformatted, amended, and 

26 replaced by20.11.61 NMAC, Prevention of Significant Deterioration, effective 10/1/02. 

27 20.11.61 NMAC, Prevention of Significant Deterioration (filed 8/30/02) was replaced by 20.11.61 NMAC, 

28 Prevention of Significant Deterioration, effective 1123/06. 

29 

20.11.61 NMAC Public Review Draft 2120120 15 32