# TECHNICAL SUPPORT DOCUMENT

20 New Mexico Administrative Code (NMAC) Chapter 2, Part 72

Construction Permits

20.2.72 NMAC

Revisions to 20.2.72 NMAC Submitted on May 29, 1998, November 6, 1998, April 11,

2002, April 25, 2005, and November 2, 2006



# November 29, 2012

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

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

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

# 2 Subject: Revisions to the State Implementatio n Plan – New Mexico Administrative

Code Title 20, Chapter 2, Part 72 – Construction Permits

Contents:

I. Executive Summary

II. Summary of State Submittals

III. Technical Review of State Submittals

IV. Conclusion

# 3 I. Executive Summary

What actions are evaluated in this Technical Support Document?

This technical support document (TSD) revi ews proposed revisions to the New Mexico

New Source Review (NSR) State Implementation Plan (SIP) concerning revisions to the

Construction Permits regulation found in Title 20, Chapter 2, Part 72 of the New Mexico

Administrative Code (20.2.72 NMAC). This re view will determine if the revisions are

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

May 29, 1998 Submittal

 On December 8, 1997, January 9, 1998, and March 23, 1998, the New Mexico EIB

filed with the State Record s Center rule actions that adopted revisions to 20.2.72

NMAC, concerning Construction Permits re gulation. These revisions to Part 72

became effective on January 7, 1998, February 8, 1998, and April 22, 1998,

respectively. Governor Gary Johnson submitted a revision to the New Mexico SIP in

a letter dated May 29, 1998, requesting the revision of the New Mexico SIP to

incorporate the adopted revisions to the Construction Permits regulation.

 EPA is under a Consent Decree to propos e action on the May 29, 1998 submittal that

revises the Construction Permits provisions contained in Part 72 in the New Mexico

SIP no later than November 13, 2012, and ta ke final action no later than March 1,

2013.

November 6, 1998 Submittal

 On July 13, 1998, the New Mexico Envi ronmental Improvement Board (EIB)

approved revisions to correct two typogra phical and numbering errors made during a

previous revision to 20.2.72 NMAC, concer ning Construction Permits regulation.

The revisions to Part 72 became effective on August 14, 1998. Secretary Peter

Maggiore submitted a revision to the New Me xico SIP in a letter dated November 6,

1998, requesting the revision of the New Me xico SIP to incorporate the adopted

revisions to the Construc tion Permits regulation.

 The November 6, 1998 submittal from New Me xico also contained revisions to

correct errors in 20.2.70 NMAC – Operat ing Permits. Because 20.2.70 NMAC is

outside the scope of the Ne w Mexico SIP, the revisions to the Operating Permits

provisions were not submitted as revisions to the state’s SIP. Therefore, this TSD

only reviews the portion of the November 6, 1998 submittal regarding 20.2.72 –

Construction Permits.

April 11, 2002 Submittal

 On November 30, 1999, January 3, 2001, and January 17, 2002, the New Mexico EIB

filed with the State Record s Center rule actions that adopted revisions to 20.2.72

NMAC, concerning Construction Permits re gulation. These revisions to Part 72

became effective on January 1, 2000, February 2, 2001, and February 18, 2002,

respectively. Governor Gary Johnson submitted a revision to the New Mexico SIP in

a letter dated April 11, 2002, requesting th e revision of the New Mexico SIP to

incorporate the adopted revisions to the construction permits regulation.

# 4  The April 11, 2002 submittal from New Mexico also contained revisions to 20.2.73

NMAC – Notice of Intent and Emissions Inventory Requirements, 20.2.74 NMAC –

Permits – Prevention of Significant De terioration, 20.2.75 NMAC – Construction

Permit Fees, and 20.2.79 NMAC – Permits – Nonattainment Areas. This TSD only

reviews the portions of the April 11, 2002 submittal regarding revisions to 20.2.72 –

Construction Permits, which were submitted for approval under the New Mexico SIP.

Portions of the submittal related to Pa rts 73, 77, 75, and 79 have been or will be

addressed in separate SIP revisions re views and rule actions, as necessary.

 The submittal also included documentation related to an additional revision to 20.2.72

NMAC (filed with the Stat e Records Center on February 28, 2001, effective March

30, 2001), which was submitted to EPA for informational purposes only and was not

submitted for approval under the SIP. Therefore, these revisions to 20.2.72 NMAC,

effective March 30, 2003, are not reviewed as part of this TSD and rule action.

 EPA is under a Consent Decree to propose action on the portion of the April 11, 2002

submittal that revises the Construction Permits provisions contained in Part 72 in the

New Mexico SIP no later than November 13, 2012, and take final action no later than

March 1, 2013.

April 25, 2005 Submittal

 On July 28, 2003, the New Mexico Environm ental Improvement Board (EIB) filed

with the State Records Center a rule ac tion that adopted revi sions to 20.2.72 NMAC,

concerning Construction Permits regulat ion. The revisions to Part 72 became

effective on August 27, 2003. Governor Bill Richardson submitted a revision to the

New Mexico SIP in a letter dated April 25, 2005, requesting the revision of the New

Mexico SIP to incorporate the adopted revisions to the construction permits

regulation.

 The April 25, 2005 submittal from New Mexico also contained revisions to 20.2.66

NMAC – Cotton Gins, 20.2.73 NMAC – Notice of Intent and Emissions Inventory

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

reviews the portions of the April 11, 2002 submittal regarding revisions to 20.2.72 –

Construction Permits, which were submitted for approval under the New Mexico SIP.

Portions of the submittal related to Pa rts 66, 73, and 75 have been or will be

addressed in separate SIP revisions re views and rule actions, as necessary.

 EPA is under a Consent Decree to propose action on the portion of the April 25, 2005

submittal that revises the Construction Permits provisions contained in Part 72 in the

New Mexico SIP no later than November 13, 2012, and take final action no later than

March 1, 2013.

November 2, 2006 Submittal

 On August 8, 2006, the New Mexico Environm ental Improvement Board (EIB) filed

with the State Records Center a rule ac tion that adopted revi sions to 20.2.72 NMAC,

concerning Construction Permits regulat ion. The revisions to Part 72 became

effective on September 6, 2006. Governor Bill Richardson submitted a revision to

the New Mexico SIP in a letter dated November 2, 2006, requesting the revision of

the New Mexico SIP to incorporate the adopt ed revisions to the construction permits

regulation.

# 5  The November 2, 2006 submittal from New Me xico also contained revisions to

20.2.3 NMAC – Ambient Air Quality St andards, 20.2.70 NMAC – Operating

Permits, and 20.2.99 NMAC – Conformity to the State Implementation Plan of

Transportation Plants, Programs and Projects . This TSD only revi ews the portions of

the April 11, 2002 submittal regarding revisions to 20.2.72 – Construction Permits,

which were submitted for approval under the New Mexico SIP. Portions of the

submittal related to Parts 3, 70, and 99 have b een or will be addressed in separate SIP

revisions reviews and rule actions, as necessary.

 EPA is under a Consent Decree to propose action on the portion of the November 2,

2006 submittal that revises the Construction Permits provisions contained in Part 72

in the New Mexico SIP no later than Novemb er 13, and take final action no later than

March 1, 2013.

November 7, 2012 Secretary’s Letter

 On November 7, 2012, the New Mexico Environment Department (NMED) Cabinet

Secretary submitted a letter that provided clarification regarding the proposed SIP

revisions that impacted the Public Pa rticipation process for Minor New Source

Review. In the letter, NMED committed to provide notification on their website of

all second 30-day comment periods provided for under 20.2.72.206 NMAC. They

also committed to updating Section 206 based on this commitment during the next

proposed revisions to Part 72.

II. Summary of State SIP Revision Submittals

Current SIP

 20.2.72 NMAC – Construction Permits

20.2.72 NMAC was last approved by EPA on September 26, 1997 (62 FR 50518),

effective November 25, 1997.

May 29, 1998 Submittal

 20.2.72 NMAC – Construction Permits

The EIB adopted revisions to 20.2.72 NMAC – Construction Permits that became

effective on January 1, 1998, February 8, 1998, and April 22, 1998. These revisions

amended five sections of the previously adopted Construction Permits regulation,

20.2.72.104 NMAC, 20.2.72.202 NMAC, 20.2.72.203 NMAC, and 20.2.72.207

NMAC and added two new sections to Part 72, 20.2.72.219 NMAC and 20.2.72.220

NMAC. The revisions to 20.2.72 NMAC in the May 29, 1998 submittal include the

addition of specific permitting exemptions and reduced reporti ng requirements for

some types of small emission sources, the addition of governing pr ovisions related to

revisions made to existing permits, and the addition of clarifying language in various

Part 72 provisions, including clarification added within sections related to permit

application content requirements and permit decisions and appeals.

# 6 November 6, 1998 Submittal

 20.2.72 NMAC – Construction Permits

The EIB adopted revisions to 20.2.72 NMAC – Construction Permits that became

effective on August 14, 1998. These revisi ons amended two sections of the

previously adopted Construction Permits regulation, 20.2.72.210 NMAC and

20.2.72.300 NMAC. The revisions to 20.2.72 NMAC in the November 6, 1998

submittal corrected formatting and typographical errors that were made in a previous

revision to Part 72.

April 11, 2002 Submittal

 20.2.72 NMAC – Construction Permits

The EIB adopted revisions to 20.2.72 NMAC – Construction Permits that became

effective on January 1, 2001, February 2, 2002, and February 18, 2002. These

revisions amended twelve sections of the previously adopted Construction Permits

regulation, 20.2.72.107 NMAC, 20.2.72.201 NMAC, 20.2.72.203 NMAC,

20.2.72.206 NMAC, 20.2.72.207 NMAC, 20.2. 72.208 NMAC, 20.2.72.215 NMAC,

20.2.72.219 NMAC, 20.2.72.220 NMAC, 20.2. 72.301 NMAC, 20.2.72.302 NMAC,

and 20.2.72.304 NMAC and renumbered several sect ions of Part 72. The revisions to

20.2.72 NMAC in the April 11, 2002 submittal included revisions to provisions

contained in several existing sections related to timeframes during which permits are

reviewed and issued, public participation procedures for permit issuance, and

definitions used in Part 72, specifically the definition of “potential emission rate.” In

addition to these revisions, the Ap ril 11, 2002 submittal also included the

renumbering of several existing sections and formatting changes that were made

throughout the entire Part. These formatting changes were necessary for the

provisions contained in Part 72 to match th e formatting style of other Parts contained

in the NMAC.

April 25, 2005 Submittal

 20.2.72 NMAC – Construction Permits

The EIB adopted revisions to 20.2.72 NMAC – Construction Permits that became

effective on August 27, 2003. These revisions amended one section of the previously

adopted Construction Permits regulation, 20.2.72.219 NMAC. The revisions to

20.2.72 NMAC in the April 25, 2005 submittal included the expansion of the list of

permitting actions that qualify as Technical permit revisions. This expansion added

two additional types of permit revisions that would qualify as Technical revisions.

November 2, 2006 Submittal

 20.2.72 NMAC – Construction Permits

The EIB adopted revisions to 20.2.72 NMAC – Construction Permits that became

effective on September 6, 2006. These re visions amended one section of the

previously adopted Construction Permits regulation, 20.2.72.216 NMAC. The

revisions to 20.2.72 NMAC in the Novemb er 2, 2006 submittal included the addition

of clarifying language to the applicability provisions in the section related to

Nonattainment Area Requirements and the expa nsion of the list of applicable sources

under this section. The expansion of the appl icability list was made to include Title V

# 7 sources that were applying fo r construction permits for the first time, as a result of

revisions made to Part 70 pr ovisions, and that have ambi ent impacts in nonattainment

areas that exceed significan t ambient concentrations.

III. Technical Review of State Submittals

This technical review of the May 29, 1998, November 6, 1998, April 11, 2002, April 25,

2005, and November 2, 2006 submittals of the re visions to 20.2.72 NMAC consists of a

comparison between the relevant CAA require ments and the corres ponding sections in

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

under Part 51, Appendix V. Next, a secti on-by-section review of the submittal in

comparison to 40 CFR 51 is presented to determine whether the submittals satisfy the

requirements for preparation, adoption, and submittal of a SIP revision. Then the SIP

revision is analyzed with respect to the current SIP-approved construction permitting

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

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

interfere with any applicable CAA provi sions. These analyses produce a written

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

the 20.2.72 NMAC – Construction Permits in the May 29, 1998, November 6, 1998,

April 11, 2002, April 25, 2005, and November 2, 2006 SIP submittals are in agreement

with the CAA, other EPA policies or guidance.

A. Part 51, Appendix V Evaluation

B. Review with respect to 40 CFR Part 51

C. Section-by-Section Review

D. Review of Cross-References in 20.2.72 NMAC – Construction Permits

E. Technical Review of Part 72 Submittals

# 8 III.A. Part 51, Appendix V Evaluation

(1) Evaluation of the May 29, 1998 SIP Submittal with respect to Part 51,

Appendix V

Part 51, Appendix V Completeness Checklist

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

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

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

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

official submission for pur poses of review under § 51.103.

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

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

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

submitted plan.

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

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

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

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

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

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

completeness under this paragraph means that the submission is an official

submission for purposes of § 51.103.

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

Appendix V.

# 9 SIP Completeness Checklist for the May 29, 1998 SIP Submittal

Revisions to 20.2.72 NMAC – Construction Permits

Administrative Materials (2.1)

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

designee requesting EPA’s approval of the revision.

The SIP revision was submitted by a letter from Governor Gary Johnson, dated

May 29, 1998.

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

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

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

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

from the adoption/issuance date.

The revisions included in the May 29, 1998 submittal were adopted by the New

Mexico Environmental Improvement Boar d, filed with the New Mexico State

Records Center on December 8, 1997, January 9, 1998, and March 23, 1998, and

became effective January 7, 1998, February 8, 1998, and April 22, 1998.

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

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

authority.

The authority for promulgating changes to the New Mexico State Implementation

Plan, Part 72 – Construction Permits is found in Paragraph 4 of Subsection A of

Section 74-1-8 of the Envi ronmental Improvement Act and Sections 74-2-1 et seq.,

including specifically, Sec tion 74-2-7(A)(1), (B), (C), and (D)of the New Mexico

AQCA.

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

and incorporation by reference into the SI P including an indication of the changes

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

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

appropriate State official i ndicating that it is fully enforceable by the State. The

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

the document itself.

The May 29, 1998 submittal included a copy of the official state regulation

documents filed at the State Reco rds Center on December 8, 1997, January 9,

# 10 1998, and March 23, 1998, and which became effective on January 7, 1998,

February 8, 1998, and April 22, 1998, respectively.

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

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

adoption/issuance of the plan.

The SIP submittal package provided evidenc e that legal notices were published in

the local newspaper regarding the revisions to Part 72 – Construction Permits, as

well as, information on the public heari ng to be held regarding the proposed

changes to the state rules and how to s ubmit comments on the proposed changes.

A copy of the public hearing transcript w ith supporting exhibits was also included

in the submittal.

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

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

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

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

hearing(s).

Notices of public hearings were publ ished in the following newspapers on the

date listed:

 The Albuquerque Journal: September 12, 1997

 The Albuquerque Journal: February 18, 1998

Notices of the public comment periods and hearings were also published in the

New Mexico Register on August 30, 1997, and January 31, 1998. Public hearings

were held in Santa Fe, New Mexico on October 17, 1997, and March 20, 1998.

7. A certification is included i ndicating that public hearin g(s) was/were held in

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

laws and constitution, if applicable.

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

May 29, 1998 SIP submittal.

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

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

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

Transcripts from the October 17, 1997, and March 20, 1998 public hearings,

during which public comments regarding the revisions to Part 72 – Construction

Permits were discussed.

# 11 Technical Support (2.2)

9. Identification of all regulated polluta nts affected by the revision included.

The SIP submittal addresses revisions to the provisions related to the NSR

construction permitting program ; therefore, the SIP submitt al has the potential to

address all regulated pollutants.

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

attainment/nonattainment de signation of the locations and the status of the

attainment plan for the aff ected area(s) is included.

The provisions contained in Part 72 c an be applied statewide to those sources

seeking a construction permit. The only exception would be those sources located

in Bernalillo County, which would seek authorization through the AlbuquerqueBernalillo County Air Quality Control Board. The provisions related to NSR

authorizations for sources lo cated in Bernalillo County are located in a separate

part of the NMAC.

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

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

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

changes in actual emissions from affect ed sources through calculations of the

differences between certain baseline levels and allowable emissions anticipated if

the revisions were approved.)

The provisions for the New Mexico cons truction permitting program do not need

to include quantification of the changes in SIP allowable emissions from the

affected sources. The mechanics of th e construction permitting process ensure

appropriate amounts of permitted emissions are approved.

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

and visibility as applicable would be pr otected if the revision were approved and

implemented.

See Section III.E of this document for more information regarding the SIP

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

revision not interfere with attainment or reasonable further progress or any other

applicable requirement of the Act.

# 12 13. FOR REDESIGNATIONS:

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

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

Air Act?

Not applicable.

b. Are contingency measures included?

Not applicable.

14. Modeling information, if app licable, is required to s upport the proposed revision.

Modeling information is not necessa ry to support this SIP revision.

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

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

industrial/process equipment designs, re formulated materials, etc.).

The provisions contained with Part 72 – Construction Permits do not in

themselves establish emission limitations . The construction permitting program

will establish and implement emission limitations on a permit-by-permit basis, as

appropriate.

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

work practice standards and recordkeep ing/reporting requirements to ensure

stated emission levels.

Each individual issued NSR construction permit will include separate emission

limitations, work practice standards, and r ecordkeeping/repor ting requirements

sufficient to ensure permitted particulate matter emission levels. The provisions

contained in Section 210 of Part 72 sp ecifically address conditions, such as

emission limits and recordkeeping, that must be included in permits issued under

this Part.

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

in practice (including at what frequency).

Part 72 does not need to include co mpliance/enforcement strategies.

Compliance/enforcement of the construction permitting program will be

determined on a permit-by-permit basis.

18. As appropriate, special economic and technol ogical justif ications are included per

applicable EPA policies or an explana tion why such justifications are not

# 13 necessary should be included. For exampl e, requests for alternative RACT may

require such justification.

These justifications are not n ecessary for this SIP revision.

The May 29, 1998, SIP submittal meets the co mpleteness criteria established in 40

CFR part 51, Appendix V.

# 14 III.A. Part 51, Appendix V Evaluation

(2) Evaluation of the November 6, 1998 SIP Submittal with respect to Part 51,

Appendix V

Part 51, Appendix V Completeness Checklist

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

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

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

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

official submission for pur poses of review under § 51.103.

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

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

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

submitted plan.

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

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

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

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

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

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

completeness under this paragraph means that the submission is an official

submission for purposes of § 51.103.

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

Appendix V.

# 15 SIP Completeness Checklist for the November 6, 1998 SIP Submittal

Revisions to 20.2.72 NMAC – Construction Permits

Administrative Materials (2.1)

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

designee requesting EPA’s approval of the revision.

The SIP revision was submitted by a letter from Secretary Peter Maggiore, dated

November 6, 1998.

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

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

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

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

from the adoption/issuance date.

The revisions included in the November 6, 1998 submittal were adopted by the

New Mexico Environmental Improvement B oard, filed with the New Mexico State

Records Center, and became effective August 14, 1998.

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

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

authority.

The authority for promulgating changes to the New Mexico State Implementation

Plan, Part 72 – Construction Permits is found in Paragraph 4 of Subsection A of

Section 74-1-8 of the Envi ronmental Improvement Act and Sections 74-2-1 et seq.,

including specifically, Sec tion 74-2-7(A)(1), (B), (C), and (D)of the New Mexico

AQCA.

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

and incorporation by reference into the SI P including an indication of the changes

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

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

appropriate State official i ndicating that it is fully enforceable by the State. The

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

the document itself.

The November 6, 1998 submittal included a c opy of the revised state regulation

with the proposed revisions noted in the document, along with a table that

# 16 summarized the specific changes made to Part 72 and the reasons for those

changes. The revised state regulatio n became effective on August 14, 1998.

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

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

adoption/issuance of the plan.

New Mexico provided a copy of the meeting notice, agenda, and meeting minutes

for the Environmental Improvement Boar d meeting, during which the proposed

revisions to Part 72 were approved.

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

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

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

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

hearing(s).

Notice of the Environmental Improvemen t Board’s public meeting was published

in the following newspaper on the date listed:

 The Albuquerque Journal: September 9, 1998

The public hearing was held in Santa Fe, New Mexico on October 9, 1998.

7. A certification is included i ndicating that public hearin g(s) was/were held in

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

laws and constitution, if applicable.

New Mexico provided a copy of the public meeting agenda and meeting meetings

as part of the documenta tion supporting the November 6, 1998 SIP submittal.

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

The November 6, 1998 SIP submittal only included revisions to typographical

errors that were approved in the previ ous version of the state adopted Part 72

provisions. Therefore, no comments we re received on the revisions since the

revisions were editorial in nature and did not modify the conten ts or requirements

of the previously adopted Part 72.

Technical Support (2.2)

9. Identification of all regulated polluta nts affected by the revision included.

The SIP submittal addresses revisions to the provisions related to the NSR

construction permitting program ; therefore, the SIP submitt al has the potential to

address all regulated pollutants.

# 17 10. Identification of the locations of affected sources including the EPA

attainment/nonattainment de signation of the locations and the status of the

attainment plan for the aff ected area(s) is included.

The provisions contained in Part 72 c an be applied statewide to those sources

seeking a construction permit. The only exception would be those sources located

in Bernalillo County, which would seek authorization through the AlbuquerqueBernalillo County Air Quality Control Board. The provisions related to NSR

authorizations for sources lo cated in Bernalillo County are located in a separate

part of the NMAC.

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

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

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

changes in actual emissions from affect ed sources through calculations of the

differences between certain baseline levels and allowable emissions anticipated if

the revisions were approved.)

The provisions for the New Mexico cons truction permitting program do not need

to include quantification of the changes in SIP allowable emissions from the

affected sources. The mechanics of th e construction permitting process ensure

appropriate amounts of permitted emissions are approved.

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

and visibility as applicable would be pr otected if the revision were approved and

implemented.

See Section III.E of this document for more information regarding the SIP

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

revision not interfere with attainment or reasonable further progress or any other

applicable requirement of the Act.

13. FOR REDESIGNATIONS:

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

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

Air Act?

Not applicable.

b. Are contingency measures included?

Not applicable.

# 18 14. Modeling information, if app licable, is required to s upport the proposed revision.

Modeling information is not necessa ry to support this SIP revision.

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

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

industrial/process equipment designs, re formulated materials, etc.).

The provisions contained with Part 72 – Construction Permits do not in

themselves establish emission limitations . The construction permitting program

will establish and implement emission limitations on a permit-by-permit basis, as

appropriate.

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

work practice standards and recordkeep ing/reporting requirements to ensure

stated emission levels.

Each individual issued NSR construction permit will include separate emission

limitations, work practice standards and r ecordkeeping/repor ting requirements

sufficient to ensure permitted particulate matter emission levels. The provisions

contained in Section 210 of Part 72 sp ecifically address conditions, such as

emission limits and recordkeeping, that must be included in permits issued under

this Part.

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

in practice (including at what frequency).

Part 72 does not need to include co mpliance/enforcement strategies.

Compliance/enforcement of the construction permitting program will be

determined on a permit-by-permit basis.

18. As appropriate, special economic and technol ogical justif ications are included per

applicable EPA policies or an explana tion why such justifications are not

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

require such justification.

These justifications are not n ecessary for this SIP revision.

The November 6, 1998 SIP submittal meets th e completeness criteria established in

40 CFR part 51, Appendix V.

# 19 III.A. Part 51, Appendix V Evaluation

(3) Evaluation of the April 11, 2002 SI P Submittal with respect to Part 51,

Appendix V

Part 51, Appendix V Completeness Checklist

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

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

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

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

official submission for pur poses of review under § 51.103.

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

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

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

submitted plan.

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

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

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

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

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

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

completeness under this paragraph means that the submission is an official

submission for purposes of § 51.103.

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

Appendix V.

# 20 SIP Completeness Checklist fo r the April 11, 2002 SIP Submittal

Revisions to 20.2.72 NMAC – Construction Permits

Administrative Materials (2.1)

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

designee requesting EPA’s approval of the revision.

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

April 11, 2002.

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

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

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

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

from the adoption/issuance date.

The revisions included in the April 11, 2002 submittal were adopted by the New

Mexico Environmental Improvement Boar d, filed with the New Mexico State

Records Center on November 30, 1999, January 3, 2001, and January 17, 2002,

and became effective January 1, 2000, February 2, 2001, and February 18, 2002.

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

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

authority.

The authority for promulgating changes to the New Mexico State Implementation

Plan, Part 72 – Construction Permits is found in Paragraph 4 of Subsection A of

Section 74-1-8 of the Envi ronmental Improvement Act and Sections 74-2-1 et seq.,

including specifically, Sec tion 74-2-7(A)(1), (B), (C), and (D)of the New Mexico

AQCA.

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

and incorporation by reference into the SI P including an indication of the changes

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

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

appropriate State official i ndicating that it is fully enforceable by the State. The

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

the document itself.

The May 29, 1998 submittal included a copy of the official state regulation

documents filed at the State Reco rds Center on November 30, 1999, January 3,

# 21 2001, and January 17, 2002, and which became effective on January 1, 2000,

February 2, 2001, and February 18, 2002, respectively.

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

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

adoption/issuance of the plan.

The SIP submittal package provided evidenc e that legal notices were published in

the local newspaper regarding the revisions to Part 72 – Construction Permits, as

well as, information on the public heari ng to be held regarding the proposed

changes to the state rules and how to s ubmit comments on the proposed changes.

A copy of the public hearing transcript w ith supporting exhibits was also included

in the submittal.

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

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

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

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

hearing(s).

Notices of public hearings were publ ished in the following newspapers on the

date listed:

 The Albuquerque Journal: September 23, 1999

 The Albuquerque Journal: October 2, 2000

 The Albuquerque Journal: November 25, 2000

 The Albuquerque Journal: December 10, 2001

Public hearings were held in Albuquerque, New Mexico on November 12, 1999,

November 9, 2000, December 8, 2000, and January 11, 2002.

7. A certification is included i ndicating that public hearin g(s) was/were held in

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

laws and constitution, if applicable.

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

April 11, 2002 SIP submittal.

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

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

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

Transcripts from the November 12, 1999, November 9, 2000, December 8, 2000,

and January 11, 2002 public hearings, during which public comments regarding

the revisions to Part 72 – Constr uction Permits were discussed.

# 22 Technical Support (2.2)

9. Identification of all regulated polluta nts affected by the revision included.

The SIP submittal addresses revisions to the provisions related to the NSR

construction permitting program ; therefore, the SIP submitt al has the potential to

address all regulated pollutants.

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

attainment/nonattainment de signation of the locations and the status of the

attainment plan for the aff ected area(s) is included.

The provisions contained in Part 72 c an be applied statewide to those sources

seeking a construction permit. The only exception would be those sources located

in Bernalillo County, which would seek authorization through the AlbuquerqueBernalillo County Air Quality Control Board. The provisions related to NSR

authorizations for sources lo cated in Bernalillo County are located in a separate

part of the NMAC.

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

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

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

changes in actual emissions from affect ed sources through calculations of the

differences between certain baseline levels and allowable emissions anticipated if

the revisions were approved.)

The provisions for the New Mexico cons truction permitting program do not need

to include quantification of the changes in SIP allowable emissions from the

affected sources. The mechanics of th e construction permitting process ensure

appropriate amounts of permitted emissions are approved.

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

and visibility as applicable would be pr otected if the revision were approved and

implemented.

See Section III.E of this document for more information regarding the SIP

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

revision not interfere with attainment or reasonable further progress or any other

applicable requirement of the Act.

# 23 13. FOR REDESIGNATIONS:

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

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

Air Act?

Not applicable.

b. Are contingency measures included?

Not applicable.

14. Modeling information, if app licable, is required to s upport the proposed revision.

Modeling information is not necessa ry to support this SIP revision.

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

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

industrial/process equipment designs, re formulated materials, etc.).

The provisions contained with Part 72 – Construction Permits do not in

themselves establish emission limitations . The construction permitting program

will establish and implement emission limitations on a permit-by-permit basis, as

appropriate.

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

work practice standards and recordkeep ing/reporting requirements to ensure

stated emission levels.

17. Each individual issued NSR construction permit will include separate emission

limitations, work practice standards and r ecordkeeping/repor ting requirements

sufficient to ensure permitted particulate matter emission levels. The provisions

contained in Section 210 of Part 72 sp ecifically address conditions, such as

emission limits and recordkeeping, that must be included in permits issued under

this Part.

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

in practice (including at what frequency).

Part 72 does not need to include co mpliance/enforcement strategies.

Compliance/enforcement of the construction permitting program will be

determined on a permit-by-permit basis.

19. As appropriate, special economic and technol ogical justif ications are included per

applicable EPA policies or an explana tion why such justifications are not

# 24 necessary should be included. For exampl e, requests for alternative RACT may

require such justification.

These justifications are not n ecessary for this SIP revision.

The April 11, 2002 SIP submittal meets the co mpleteness criteria established in 40

CFR part 51, Appendix V.

# 25 III.A. Part 51, Appendix V Evaluation

(4) Evaluation of the April 25 2005, SI P Submittal with respect to Part 51,

Appendix V

Part 51, Appendix V Completeness Checklist

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

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

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

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

official submission for pur poses of review under § 51.103.

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

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

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

submitted plan.

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

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

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

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

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

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

completeness under this paragraph means that the submission is an official

submission for purposes of § 51.103.

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

Appendix V.

# 26 SIP Completeness Checklist fo r the April 25, 2005 SIP Submittal

Revisions to 20.2.72 NMAC – Construction Permits

Administrative Materials (2.1)

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

designee requesting EPA’s approval of the revision.

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

April 25, 2005.

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

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

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

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

from the adoption/issuance date.

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

Environmental Improvement Board, filed with the New Mexico State Records

Center on July 28, 2003, and became effective August 27, 2003.

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

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

authority.

The authority for promulgating changes to the New Mexico State Implementation

Plan, Part 72 – Construction Permits is found in Paragraph 4 of Subsection A of

Section 74-1-8 of the Envi ronmental Improvement Act and Sections 74-2-1 et seq.,

including specifically, Sec tion 74-2-7(A)(1), (B), (C), and (D)of the New Mexico

AQCA.

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

and incorporation by reference into the SI P including an indication of the changes

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

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

appropriate State official i ndicating that it is fully enforceable by the State. The

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

the document itself.

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

document filed at the State Records Ce nter on July 28, 2003, and which became

effective August 27, 2003.

# 27 5. Evidence is included that the State followe d all of the procedural requirements of

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

adoption/issuance of the plan.

The SIP submittal package provided evidenc e that legal notices were published in

the local newspaper regarding the revisions to Part 72 – Construction Permits, as

well as, information on the public heari ng to be held regarding the proposed

changes to the state rules and how to s ubmit comments on the proposed changes.

A copy of the public hearing transcript w ith supporting exhibits was also included

in the submittal.

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

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

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

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

hearing(s).

Notices of public hearings were publis hed in the following newspaper on the date

listed:

 The Albuquerque Journal: April 29, 2003

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

Mexico Register on April 30, 2003. A public hearing was held in Santa Fe, New

Mexico on July 1, 2003.

7. A certification is included i ndicating that public hearin g(s) was/were held in

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

laws and constitution, if applicable.

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

April 25, 2005 SIP submittal.

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

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

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

Transcripts from the July 1, 2003 public hearing, during which public comments

regarding the revisions to Part 72 – C onstruction Permits were discussed.

# 28 Technical Support (2.2)

9. Identification of all regulated polluta nts affected by the revision included.

The SIP submittal addresses revisions to the provisions related to the NSR

construction permitting program ; therefore, the SIP submitt al has the potential to

address all regulated pollutants.

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

attainment/nonattainment de signation of the locations and the status of the

attainment plan for the aff ected area(s) is included.

The provisions contained in Part 72 c an be applied statewide to those sources

seeking a construction permit. The only exception would be those sources located

in Bernalillo County, which would seek authorization through the AlbuquerqueBernalillo County Air Quality Control Board. The provisions related to NSR

authorizations for sources lo cated in Bernalillo County are located in a separate

part of the NMAC.

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

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

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

changes in actual emissions from affect ed sources through calculations of the

differences between certain baseline levels and allowable emissions anticipated if

the revisions were approved.)

The provisions for the New Mexico cons truction permitting program do not need

to include quantification of the changes in SIP allowable emissions from the

affected sources. The mechanics of th e construction permitting process ensure

appropriate amounts of permitted emissions are approved.

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

and visibility as applicable would be pr otected if the revision were approved and

implemented.

See Section III.E of this document for more information regarding the SIP

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

revision not interfere with attainment or reasonable further progress or any other

applicable requirement of the Act.

# 29 13. FOR REDESIGNATIONS:

c. Is there a fully approved maintenan ce plan for the primary ambient air

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

Air Act?

Not applicable.

d. Are contingency measures included?

Not applicable.

14. Modeling information, if app licable, is required to s upport the proposed revision.

Modeling information is not necessa ry to support this SIP revision.

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

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

industrial/process equipment designs, re formulated materials, etc.).

The provisions contained with Part 72 – Construction Permits do not in

themselves establish emission limitations . The construction permitting program

will establish and implement emission limitations on a permit-by-permit basis, as

appropriate.

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

work practice standards and recordkeep ing/reporting requirements to ensure

stated emission levels.

Each individual issued NSR construction permit will include separate emission

limitations, work practice standards and r ecordkeeping/repor ting requirements

sufficient to ensure permitted particulate matter emission levels. The provisions

contained in Section 210 of Part 72 sp ecifically address conditions, such as

emission limits and recordkeeping, that must be included in permits issued under

this Part.

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

in practice (including at what frequency).

Part 72 does not need to include co mpliance/enforcement strategies.

Compliance/enforcement of the construction permitting program will be

determined on a permit-by-permit basis.

18. As appropriate, special economic and technol ogical justif ications are included per

applicable EPA policies or an explana tion why such justifications are not

# 30 necessary should be included. For exampl e, requests for alternative RACT may

require such justification.

These justifications are not n ecessary for this SIP revision.

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

CFR part 51, Appendix V.

# 31 III.A. Part 51, Appendix V Evaluation

(5) Evaluation of the November 2, 2006 SIP Submittal with respect to Part 51,

Appendix V

Part 51, Appendix V Completeness Checklist

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

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

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

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

official submission for pur poses of review under § 51.103.

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

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

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

submitted plan.

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

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

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

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

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

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

completeness under this paragraph means that the submission is an official

submission for purposes of § 51.103.

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

Appendix V.

# 32 SIP Completeness Checklist for the November 2, 2006 SIP Submittal

Revisions to 20.2.72 NMAC – Construction Permits

Administrative Materials (2.1)

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

designee requesting EPA’s approval of the revision.

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

November 6, 1998.

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

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

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

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

from the adoption/issuance date.

The revisions for the November 2, 2006 s ubmittal were adopted by the New

Mexico Environmental Improvement Boar d, filed with the New Mexico State

Records Center on August 8, 2006, and b ecame effective September 6, 2006.

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

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

authority.

The authority for promulgating changes to the New Mexico State Implementation

Plan, Part 72 – Construction Permits is found in Paragraph 4 of Subsection A of

Section 74-1-8 of the Envi ronmental Improvement Act and Sections 74-2-1 et seq.,

including specifically, Sec tion 74-2-7(A)(1), (B), (C), and (D)of the New Mexico

AQCA.

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

and incorporation by reference into the SI P including an indication of the changes

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

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

appropriate State official i ndicating that it is fully enforceable by the State. The

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

the document itself.

The November 2, 2006 submittal included a copy of the official state regulation

document filed at the State Records Ce nter on August 8, 2006, and which became

effective on September 6, 2006.

# 33 5. Evidence is included that the State followe d all of the procedural requirements of

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

adoption/issuance of the plan.

The SIP submittal package provided evidenc e that legal notices were published in

the local newspaper regarding the revisions to Part 72 – Construction Permits, as

well as, information on the public heari ng to be held regarding the proposed

changes to the state rules and how to s ubmit comments on the proposed changes.

A copy of the direct testimony presen ted at the public hearing along with

supporting exhibits was also included in the submittal.

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

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

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

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

hearing(s).

Notices of public hearings were publis hed in the following newspaper on the date

listed:

 The Albuquerque Journal: May 31, 2006

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

Mexico Register on May 31, 2006. A public hearing was held in Santa Fe, New

Mexico on August 1, 2006.

7. A certification is included i ndicating that public hearin g(s) was/were held in

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

laws and constitution, if applicable.

The November 2, 2006 SIP submittal include d evidence of public notice regarding

the proposed revisions and associated public hearing. The submittal also

included a copy of NMED’s direct tes timony presented at the public hearing,

along with the supporting hearing exhibits.

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

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

on the State regulation. The packages also included a copy of NMED’s direct

testimony presented at the public hear ing, along with the supporting hearing

exhibits

# 34 Technical Support (2.2)

9. Identification of all regulated polluta nts affected by the revision included.

The SIP submittal addresses revision to the provisions related to the NSR

construction permitting program ; therefore, the SIP submitt al has the potential to

address all regulated pollutants.

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

attainment/nonattainment de signation of the locations and the status of the

attainment plan for the aff ected area(s) is included.

The provisions contained in Part 72 c an be applied statewide to those sources

seeking a construction permit. The only exception would be those sources located

in Bernalillo County, which would seek authorization through the AlbuquerqueBernalillo County Air Quality Control Board. The provisions related to NSR

authorizations for sources lo cated in Bernalillo County are located in a separate

part of the NMAC.

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

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

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

changes in actual emissions from affect ed sources through calculations of the

differences between certain baseline levels and allowable emissions anticipated if

the revisions were approved.)

The provisions for the New Mexico cons truction permitting program do not need

to include quantification of the changes in SIP allowable emissions from the

affected sources. The mechanics of the construction permitting process ensure

appropriate amounts of permitted emissions are approved.

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

and visibility as applicable would be pr otected if the revision were approved and

implemented.

See Section III.E of this document for more information regarding the SIP

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

revision not interfere with attainment or reasonable further progress or any other

applicable requirement of the Act.

# 35 13. FOR REDESIGNATIONS:

e. Is there a fully approved maintenan ce plan for the primary ambient air

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

Air Act?

Not applicable.

f. Are contingency measures included?

Not applicable.

14. Modeling information, if app licable, is required to s upport the proposed revision.

Modeling information is not necessa ry to support this SIP revision.

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

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

industrial/process equipment designs, re formulated materials, etc.).

The provisions contained with Part 72 – Construction Permits do not in

themselves establish emission limitations . The construction permitting program

will establish and implement emission limitations on a permit-by-permit basis, as

appropriate.

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

work practice standards and recordkeep ing/reporting requirements to ensure

stated emission levels.

Each individual issued NSR construction permit will include separate emission

limitations, work practice standards and r ecordkeeping/repor ting requirements

sufficient to ensure permitted particulate matter emission levels. The provisions

contained in Section 210 of Part 72 sp ecifically address conditions, such as

emission limits and recordkeeping, that must be included in permits issued under

this Part.

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

in practice (including at what frequency).

Part 72 does not need to include co mpliance/enforcement strategies.

Compliance/enforcement of the construction permitting program will be

determined on a permit-by-permit basis.

18. As appropriate, special economic and technol ogical justif ications are included per

applicable EPA policies or an explana tion why such justifications are not

# 36 necessary should be included. For exampl e, requests for alternative RACT may

require such justification.

These justifications are not n ecessary for this SIP revision.

The November 2, 2006 SIP submittal meets th e completeness criteria established in

40 CFR part 51, Appendix V.37III.B. Review with respect to 40 CFR Part 51Evaluation of the May 29, 1998, November 6, 1998, April 11, 2002, April 25, 2005, and November 2, 2006 SIP submittals withrespect to the requirements of 40 CFR Part 51Requirements for the preparation, adoption, and submittal of implementation plans can be found in 40 CFR Part 51. The Part 72construction permits provisions were evaluated against the applicable requirementsin Part 51, included in Table B.I below.Table B.I: Analysisof Part 51 RequirementsPart 51 –Requirements forPreparation, Adoption,and Submittal ofImplementation PlansNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsSIP Submittal DateMay 29, 1998November 6, 1998 April 11, 2002April 25, 2005November 2, 2006Subpart A – EmissionInventory ReportingRequirementsThe submitted sectionsunder review in thisdocument regarding theNSR constructionpermits program do notaffect the current NewMexico requirements forEmission InventoryReporting.The submitted sectionsunder review in thisdocument regarding theNSR constructionpermits program do notaffect the current NewMexico requirements forEmission InventoryReporting.The submitted sectionsunder review in thisdocument regarding theNSR constructionpermits program do notaffect the current NewMexico requirements forEmission InventoryReporting.The submitted sectionsunder review in thisdocument regarding theNSR constructionpermits program do notaffect the current NewMexico requirements forEmission InventoryReporting.The submitted sectionsunder review in thisdocument regarding theNSR constructionpermits program do notaffect the current NewMexico requirements forEmission InventoryReporting.Subparts B – E[Reserved]Not applicable. Not applicable. Not applicable. Not applicable. Not applicable.Subpart F – ProceduralRequirementsSubpart F – ProceduralRequirementsSubpart F – ProceduralRequirementsSubpart F – ProceduralRequirementsSubpart F – ProceduralRequirementsSubpart F – ProceduralRequirements§ 51.100 Definitions§ 51.100 is notapplicable to the§ 51.100 is notapplicable to the§ 51.100 is notapplicable to the§ 51.100 is notapplicable to the§ 51.100 is notapplicable to the38Part 51 –Requirements forPreparation, Adoption,and Submittal ofImplementation PlansNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsconstructions permitsregulations under reviewin this TSD.constructions permitsregulations under reviewin this TSD.constructions permitsregulations under reviewin this TSD.constructions permitsregulations under reviewin this TSD.constructions permitsregulations under reviewin this TSD.§ 51.101 Stipulations§ 51.101 is notapplicable to theconstructions permitsregulations under reviewin this TSD.§ 51.101 is notapplicable to theconstructions permitsregulations under reviewin this TSD.§ 51.101 is notapplicable to theconstructions permitsregulations under reviewin this TSD.§ 51.101 is notapplicable to theconstructions permitsregulations under reviewin this TSD.§ 51.101 is notapplicable to theconstructions permitsregulations under reviewin this TSD.§ 51.102 PublicHearingsStates mustconduct one ormore publichearingsPublic hearingswill only beheld afterreasonablenotice, given atleast 30 daysprior to the dateof the hearingThe state mustsubmit with therevision acertificationthat the hearingwas held inPlease see section III.Aof this TSD for theevaluation of the SIPrevision with respect tothe Part 51, Appendix VChecklist. This SIPsubmission under reviewin this document met therequirements of 51.102for notification of publichearings, as detailed inthe Part 51, Appendix VChecklist and certifiedby appropriate stateofficials.Please see section III.Aof this TSD for theevaluation of the SIPrevision with respect tothe Part 51, Appendix VChecklist. This SIPsubmission under reviewin this document met therequirements of 51.102for notification of publichearings, as detailed inthe Part 51, Appendix VChecklist and certifiedby appropriate stateofficials.Please see section III.Aof this TSD for theevaluation of the SIPrevision with respect tothe Part 51, Appendix VChecklist. This SIPsubmission under reviewin this document met therequirements of 51.102for notification of publichearings, as detailed inthe Part 51, Appendix VChecklist and certifiedby appropriate stateofficials.Please see section III.Aof this TSD for theevaluation of the SIPrevision with respect tothe Part 51, Appendix VChecklist. This SIPsubmission under reviewin this document met therequirements of 51.102for notification of publichearings, as detailed inthe Part 51, Appendix VChecklist and certifiedby appropriate stateofficials.Please see section III.Aof this TSD for theevaluation of the SIPrevision with respect tothe Part 51, Appendix VChecklist. This SIPsubmission under reviewin this document met therequirements of 51.102for notification of publichearings, as detailed inthe Part 51, Appendix VChecklist and certifiedby appropriate stateofficials.39Part 51 –Requirements forPreparation, Adoption,and Submittal ofImplementation PlansNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsaccordancewith thissection§ 51.103 Submission ofplans, preliminaryreview of plansThe state makesan official plansubmission toEPA only whenthe submissionconforms to therequirements ofPart 51,Appendix V.The statedelivers 5copies of theplan with aletter givingnotice of theaction to theEPA regionaloffice.Please see section III.Aof this TSD for theevaluation of the SIPrevision with respect tothe Part 51, Appendix VChecklist.This SIP submissionmeets the requirementsfor completeness.Please see section III.Aof this TSD for theevaluation of the SIPrevision with respect tothe Part 51, Appendix VChecklist.This SIP submissionmeets the requirementsfor completeness.Please see section III.Aof this TSD for theevaluation of the SIPrevision with respect tothe Part 51, Appendix VChecklist.This SIP submissionmeets the requirementsfor completeness.Please see section III.Aof this TSD for theevaluation of the SIPrevision with respect tothe Part 51, Appendix VChecklist.This SIP submissionmeets the requirementsfor completeness.Please see section III.Aof this TSD for theevaluation of the SIPrevision with respect tothe Part 51, Appendix VChecklist.This SIP submissionmeets the requirementsfor completeness.§ 51.104 RevisionsStates mayrevise the planfrom time toPlease see section III.Aof this TSD for theevaluation of the SIPrevision with respect toPlease see section III.Aof this TSD for theevaluation of the SIPrevision with respect toPlease see section III.Aof this TSD for theevaluation of the SIPrevision with respect toPlease see section III.Aof this TSD for theevaluation of the SIPrevision with respect toPlease see section III.Aof this TSD for theevaluation of the SIPrevision with respect to40Part 51 –Requirements forPreparation, Adoption,and Submittal ofImplementation PlansNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionstimeEPA willapproverevisions onlyafterappropriatepublic hearingrequirementshave been metRevisions mustbe submitted inaccordancewith 51.103the Part 51, Appendix VChecklist.This SIP submissionmeets the requirementsof 51.102, 51.103, and51.104 for notification ofpublic hearings andsubmission of revisions,as detailed in the Part 51,Appendix V Checklistand certified byappropriate stateofficials.the Part 51, Appendix VChecklist.This SIP submissionmeets the requirementsof 51.102, 51.103, and51.104 for notification ofpublic hearings andsubmission of revisions,as detailed in the Part 51,Appendix V Checklistand certified byappropriate stateofficials.the Part 51, Appendix VChecklist.This SIP submissionmeets the requirementsof 51.102, 51.103, and51.104 for notification ofpublic hearings andsubmission of revisions,as detailed in the Part 51,Appendix V Checklistand certified byappropriate stateofficials.the Part 51, Appendix VChecklist.This SIP submissionmeets the requirementsof 51.102, 51.103, and51.104 for notification ofpublic hearings andsubmission of revisions,as detailed in the Part 51,Appendix V Checklistand certified byappropriate stateofficials.the Part 51, Appendix VChecklist.This SIP submissionmeets the requirementsof 51.102, 51.103, and51.104 for notification ofpublic hearings andsubmission of revisions,as detailed in the Part 51,Appendix V Checklistand certified byappropriate stateofficials.Subpart G – ControlStrategyRequirements found in51, Subpart H are notapplicable to the sectionsunder review in thisdocument. Thesesections are related toNew Mexico’sconstruction permittingprogram and are notconcerned with controlstrategies necessary toattain or maintainNAAQS.Requirements found in51, Subpart H are notapplicable to the sectionsunder review in thisdocument. Thesesections are related toNew Mexico’sconstruction permittingprogram and are notconcerned with controlstrategies necessary toattain or maintainNAAQS.Requirements found in51, Subpart H are notapplicable to the sectionsunder review in thisdocument. Thesesections are related toNew Mexico’sconstruction permittingprogram and are notconcerned with controlstrategies necessary toattain or maintainNAAQS.Requirements found in51, Subpart H are notapplicable to the sectionsunder review in thisdocument. Thesesections are related toNew Mexico’sconstruction permittingprogram and are notconcerned with controlstrategies necessary toattain or maintainNAAQS.Requirements found in51, Subpart H are notapplicable to the sectionsunder review in thisdocument. Thesesections are related toNew Mexico’sconstruction permittingprogram and are notconcerned with controlstrategies necessary toattain or maintainNAAQS.Subpart H – Preventionof Air PollutionRequirements found in51, Subpart H are notRequirements found in51, Subpart H are notRequirements found in51, Subpart H are notRequirements found in51, Subpart H are notRequirements found in51, Subpart H are not41Part 51 –Requirements forPreparation, Adoption,and Submittal ofImplementation PlansNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsEmergency Episodes applicable to the sectionsunder review in thisdocument. Thesesections are related toNew Mexico’sconstruction permittingprogram and are notconcerned with airpollution emergencyepisode plans.applicable to the sectionsunder review in thisdocument. Thesesections are related toNew Mexico’sconstruction permittingprogram and are notconcerned with airpollution emergencyepisode plans.applicable to the sectionsunder review in thisdocument. Thesesections are related toNew Mexico’sconstruction permittingprogram and are notconcerned with airpollution emergencyepisode plans.applicable to the sectionsunder review in thisdocument. Thesesections are related toNew Mexico’sconstruction permittingprogram and are notconcerned with airpollution emergencyepisode plans.applicable to the sectionsunder review in thisdocument. Thesesections are related toNew Mexico’sconstruction permittingprogram and are notconcerned with airpollution emergencyepisode plans.Subpart I – Review ofNew Sources andModificationsPart 51, Subpart Irequirements areapplicable to the SIPsubmittal under reviewin this document. Part72 contains theprovisions that establishNew Mexico’s MinorNSR permitting programas well aspreconstructionpermitting requirementspotentially applicable toother programs under theNMAC. Please see theadditional analyses inthis section, sectionIII.C, and section III.EPart 51, Subpart Irequirements areapplicable to the SIPsubmittal under reviewin this document. Part72 contains theprovisions that establishNew Mexico’s MinorNSR permitting programas well aspreconstructionpermitting requirementspotentially applicable toother programs under theNMAC. Please see theadditional analyses inthis section, sectionIII.C, and section III.EPart 51, Subpart Irequirements areapplicable to the SIPsubmittal under reviewin this document. Part72 contains theprovisions that establishNew Mexico’s MinorNSR permitting programas well aspreconstructionpermitting requirementspotentially applicable toother programs under theNMAC. Please see theadditional analyses inthis section, sectionIII.C, and section III.EPart 51, Subpart Irequirements areapplicable to the SIPsubmittal under reviewin this document. Part72 contains theprovisions that establishNew Mexico’s MinorNSR permitting programas well aspreconstructionpermitting requirementspotentially applicable toother programs under theNMAC. Please see theadditional analyses inthis section, sectionIII.C, and section III.EPart 51, Subpart Irequirements areapplicable to the SIPsubmittal under reviewin this document. Part72 contains theprovisions that establishNew Mexico’s MinorNSR permitting programas well aspreconstructionpermitting requirementspotentially applicable toother programs under theNMAC. Please see theadditional analyses inthis section, sectionIII.C, and section III.E42Part 51 –Requirements forPreparation, Adoption,and Submittal ofImplementation PlansNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsfor more details abouthow each sectionsatisfies the CAA andPart 51, Subpart Irequirements for NSRpermitting.for more details abouthow each sectionsatisfies the CAA andPart 51, Subpart Irequirements for NSRpermitting.for more details abouthow each sectionsatisfies the CAA andPart 51, Subpart Irequirements for NSRpermitting.for more details abouthow each sectionsatisfies the CAA andPart 51, Subpart Irequirements for NSRpermitting.for more details abouthow each sectionsatisfies the CAA andPart 51, Subpart Irequirements for NSRpermitting.Subpart J – Ambient AirQuality SurveillanceRequirements found in51, Subpart J are notapplicable to the SIPsubmittal under reviewin this document. TheSIP revisions relate tothe NSR constructionpermits programs andare not concerned withambient air qualitysurveillance.Requirements found in51, Subpart J are notapplicable to the SIPsubmittal under reviewin this document. TheSIP revisions relate tothe NSR constructionpermits programs andare not concerned withambient air qualitysurveillance.Requirements found in51, Subpart J are notapplicable to the SIPsubmittal under reviewin this document. TheSIP revisions relate tothe NSR constructionpermits programs andare not concerned withambient air qualitysurveillance.Requirements found in51, Subpart J are notapplicable to the SIPsubmittal under reviewin this document. TheSIP revisions relate tothe NSR constructionpermits programs andare not concerned withambient air qualitysurveillance.Requirements found in51, Subpart J are notapplicable to the SIPsubmittal under reviewin this document. TheSIP revisions relate tothe NSR constructionpermits programs andare not concerned withambient air qualitysurveillance.Subpart K – SourceSurveillanceRequirements found in51, Subpart K are notapplicable to the SIPsubmittal under reviewin this document. TheSIP revisions relate tothe NSR constructionpermits programs andare not concerned withsource surveillance.Requirements found in51, Subpart K are notapplicable to the SIPsubmittal under reviewin this document. TheSIP revisions relate tothe NSR constructionpermits programs andare not concerned withsource surveillance.Requirements found in51, Subpart K are notapplicable to the SIPsubmittal under reviewin this document. TheSIP revisions relate tothe NSR constructionpermits programs andare not concerned withsource surveillance.Requirements found in51, Subpart K are notapplicable to the SIPsubmittal under reviewin this document. TheSIP revisions relate tothe NSR constructionpermits programs andare not concerned withsource surveillance.Requirements found in51, Subpart K are notapplicable to the SIPsubmittal under reviewin this document. TheSIP revisions relate tothe NSR constructionpermits programs andare not concerned withsource surveillance.Subpart L – Legal Subpart L – Legal Subpart L – Legal Subpart L – Legal Subpart L – Legal Subpart L – Legal43Part 51 –Requirements forPreparation, Adoption,and Submittal ofImplementation PlansNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsAuthority Authority AuthorityAuthorityAuthority Authority§ 51.230 Each planmust show that the Statehas the necessary legalauthority to carry out theplan, including theauthority to adoptemission standards andlimitations necessary forattainment of theNAAQS, enforceapplicable laws andregulations and seekinjunctive relief.As specified in thesubmittal, the SIPrevision package wasdeveloped under thelegal authority atParagraph 4 ofSubsection A of Section74-1-8 of theEnvironmentalImprovement Act andSections 74-2-1 et seq.,including specifically,Section 74-2-7(A)(1),(B), (C), and (D)of theNew Mexico AQCA.As specified in thesubmittal, the SIPrevision package wasdeveloped under thelegal authority atParagraph 4 ofSubsection A of Section74-1-8 of theEnvironmentalImprovement Act andSections 74-2-1 et seq.,including specifically,Section 74-2-7(A)(1),(B), (C), and (D)of theNew Mexico AQCA.As specified in thesubmittal, the SIPrevision package wasdeveloped under thelegal authority atParagraph 4 ofSubsection A of Section74-1-8 of theEnvironmentalImprovement Act andSections 74-2-1 et seq.,including specifically,Section 74-2-7(A)(1),(B), (C), and (D)of theNew Mexico AQCA.As specified in thesubmittal, the SIPrevision package wasdeveloped under thelegal authority atParagraph 4 ofSubsection A of Section74-1-8 of theEnvironmentalImprovement Act andSections 74-2-1 et seq.,including specifically,Section 74-2-7(A)(1),(B), (C), and (D)of theNew Mexico AQCA.As specified in thesubmittal, the SIPrevision package wasdeveloped under thelegal authority atParagraph 4 ofSubsection A of Section74-1-8 of theEnvironmentalImprovement Act andSections 74-2-1 et seq.,including specifically,Section 74-2-7(A)(1),(B), (C), and (D)of theNew Mexico AQCA.§ 51.231 The provisionof law or regulationwhich the Statedetermines provides theauthorities required mustbe specificallyindentified and copiesmust be submitted withthe plan.As specified in thesubmittal, the SIPrevision package wasdeveloped under thelegal authority atParagraph 4 ofSubsection A of Section74-1-8 of theEnvironmentalImprovement Act andSections 74-2-1 et seq.,including specifically,As specified in thesubmittal, the SIPrevision package wasdeveloped under thelegal authority atParagraph 4 ofSubsection A of Section74-1-8 of theEnvironmentalImprovement Act andSections 74-2-1 et seq.,including specifically,As specified in thesubmittal, the SIPrevision package wasdeveloped under thelegal authority atParagraph 4 ofSubsection A of Section74-1-8 of theEnvironmentalImprovement Act andSections 74-2-1 et seq.,including specifically,As specified in thesubmittal, the SIPrevision package wasdeveloped under thelegal authority atParagraph 4 ofSubsection A of Section74-1-8 of theEnvironmentalImprovement Act andSections 74-2-1 et seq.,including specifically,As specified in thesubmittal, the SIPrevision package wasdeveloped under thelegal authority atParagraph 4 ofSubsection A of Section74-1-8 of theEnvironmentalImprovement Act andSections 74-2-1 et seq.,including specifically,44Part 51 –Requirements forPreparation, Adoption,and Submittal ofImplementation PlansNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsSection 74-2-7(A)(1),(B), (C), and (D)of theNew Mexico AQCA.Section 74-2-7(A)(1),(B), (C), and (D)of theNew Mexico AQCA.Section 74-2-7(A)(1),(B), (C), and (D)of theNew Mexico AQCA.Section 74-2-7(A)(1),(B), (C), and (D)of theNew Mexico AQCA.Section 74-2-7(A)(1),(B), (C), and (D)of theNew Mexico AQCA.§ 51.232 A stategovernment agencyother than the State airpollution control agencymay be assignedresponsibility forcarrying out a portion ofthe plan.The New Mexico NSRSIP revisions reviewedin this documentidentified the EIB as theagency responsible fordeveloping,implementing, andenforcing the SIP.Please see section III.Aof this document for thePart 51, Appendix Vchecklist for eachsubmittal.The New Mexico NSRSIP revisions reviewedin this documentidentified the EIB as theagency responsible fordeveloping,implementing, andenforcing the SIP.Please see section III.Aof this document for thePart 51, Appendix Vchecklist for eachsubmittal.The New Mexico NSRSIP revisions reviewedin this documentidentified the EIB as theagency responsible fordeveloping,implementing, andenforcing the SIP.Please see section III.Aof this document for thePart 51, Appendix Vchecklist for eachsubmittal.The New Mexico NSRSIP revisions reviewedin this documentidentified the EIB as theagency responsible fordeveloping,implementing, andenforcing the SIP.Please see section III.Aof this document for thePart 51, Appendix Vchecklist for eachsubmittal.The New Mexico NSRSIP revisions reviewedin this documentidentified the EIB as theagency responsible fordeveloping,implementing, andenforcing the SIP.Please see section III.Aof this document for thePart 51, Appendix Vchecklist for eachsubmittal.Subpart M –IntergovernmentalConsultationThe New Mexico NSRSIP revisions reviewedin this documentidentified the EIB as theagency responsible fordeveloping,implementing, andenforcing the SIP.Please see section III.Aof this document for thePart 51, Appendix Vchecklist for eachThe New Mexico NSRSIP revisions reviewedin this documentidentified the EIB as theagency responsible fordeveloping,implementing, andenforcing the SIP.Please see section III.Aof this document for thePart 51, Appendix Vchecklist for eachThe New Mexico NSRSIP revisions reviewedin this documentidentified the EIB as theagency responsible fordeveloping,implementing, andenforcing the SIP.Please see section III.Aof this document for thePart 51, Appendix Vchecklist for eachThe New Mexico NSRSIP revisions reviewedin this documentidentified the EIB as theagency responsible fordeveloping,implementing, andenforcing the SIP.Please see section III.Aof this document for thePart 51, Appendix Vchecklist for eachThe New Mexico NSRSIP revisions reviewedin this documentidentified the EIB as theagency responsible fordeveloping,implementing, andenforcing the SIP.Please see section III.Aof this document for thePart 51, Appendix Vchecklist for each45Part 51 –Requirements forPreparation, Adoption,and Submittal ofImplementation PlansNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionssubmittal.submittal.submittal.submittal.submittal.Subpart N – ComplianceScheduleRequirements found in51, Subpart N are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram. Theserevisions do notestablish a complianceschedule for anyNAAQS, and thereforedo not need to addressthe requirements of 40CFR 51, Subpart N.Requirements found in51, Subpart N are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram. Theserevisions do notestablish a complianceschedule for anyNAAQS, and thereforedo not need to addressthe requirements of 40CFR 51, Subpart N.Requirements found in51, Subpart N are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram. Theserevisions do notestablish a complianceschedule for anyNAAQS, and thereforedo not need to addressthe requirements of 40CFR 51, Subpart N.Requirements found in51, Subpart N are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram. Theserevisions do notestablish a complianceschedule for anyNAAQS, and thereforedo not need to addressthe requirements of 40CFR 51, Subpart N.Requirements found in51, Subpart N are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram. Theserevisions do notestablish a complianceschedule for anyNAAQS, and thereforedo not need to addressthe requirements of 40CFR 51, Subpart N.Subpart O –Miscellaneous PlanContent RequirementsRequirements found in51, Subpart O are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram. It is notnecessary that this SIPsubmittal alsoestablishes electronicreporting procedures orpublic notificationrequirements as part ofRequirements found in51, Subpart O are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram. It is notnecessary that this SIPsubmittal alsoestablishes electronicreporting procedures orpublic notificationrequirements as part ofRequirements found in51, Subpart O are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram. It is notnecessary that this SIPsubmittal alsoestablishes electronicreporting procedures orpublic notificationrequirements as part ofRequirements found in51, Subpart O are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram. It is notnecessary that this SIPsubmittal alsoestablishes electronicreporting procedures orpublic notificationrequirements as part ofRequirements found in51, Subpart O are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram. It is notnecessary that this SIPsubmittal alsoestablishes electronicreporting procedures orpublic notificationrequirements as part of46Part 51 –Requirements forPreparation, Adoption,and Submittal ofImplementation PlansNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsthe action. In addition,this SIP submittal is notexpected to have a fiscalimplication for NMEDor other state/localgovernment through theimplementation of theconstruction permitsregulation.the action. In addition,this SIP submittal is notexpected to have a fiscalimplication for NMEDor other state/localgovernment through theimplementation of theconstruction permitsregulation.the action. In addition,this SIP submittal is notexpected to have a fiscalimplication for NMEDor other state/localgovernment through theimplementation of theconstruction permitsregulation.the action. In addition,this SIP submittal is notexpected to have a fiscalimplication for NMEDor other state/localgovernment through theimplementation of theconstruction permitsregulation.the action. In addition,this SIP submittal is notexpected to have a fiscalimplication for NMEDor other state/localgovernment through theimplementation of theconstruction permitsregulation.Subpart P – Protectionof VisibilityRequirements found in51, Subpart P are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notsubmitted as part of theDepartment’s protectionof visibility program.Requirements found in51, Subpart P are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notsubmitted as part of theDepartment’s protectionof visibility program.Requirements found in51, Subpart P are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notsubmitted as part of theDepartment’s protectionof visibility program.Requirements found in51, Subpart P are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notsubmitted as part of theDepartment’s protectionof visibility program.Requirements found in51, Subpart P are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notsubmitted as part of theDepartment’s protectionof visibility program.Subpart Q – Reports Requirements found in51, Subpart Q are notapplicable to thise SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and does notestablish new reportingrequirements.Requirements found in51, Subpart Q are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and does notestablish new reportingrequirements.Requirements found in51, Subpart Q are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and does notestablish new reportingrequirements.Requirements found in51, Subpart Q are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and does notestablish new reportingrequirements.Requirements found in51, Subpart Q are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and does notestablish new reportingrequirements.47Part 51 –Requirements forPreparation, Adoption,and Submittal ofImplementation PlansNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsSubpart R – Extensions Requirements found in51, Subpart R are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notrelated to a request foran 18-month extension.Requirements found in51, Subpart R are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notrelated to a request foran 18-month extension.Requirements found in51, Subpart R are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notrelated to a request foran 18-month extension.Requirements found in51, Subpart R are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notrelated to a request foran 18-month extension.Requirements found in51, Subpart R are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notrelated to a request foran 18-month extension.Subpart S –Inspection/MaintenanceProgram RequirementsRequirements found in51, Subpart S are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and does notestablishinspection/maintenanceprograms.Requirements found in51, Subpart S are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and does notestablishinspection/maintenanceprograms.Requirements found in51, Subpart S are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and does notestablishinspection/maintenanceprograms.Requirements found in51, Subpart S are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and does notestablishinspection/maintenanceprograms.Requirements found in51, Subpart S are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and does notestablishinspection/maintenanceprograms.Subpart T – Conformityto State or FederalImplementation Plans ofTransportation Plans,Programs, and ProjectsDeveloped, Funded, orRequirements found in51, Subpart T are notapplicable to this SIPsubmittal under reviewin this document, whichis related to NewRequirements found in51, Subpart T are notapplicable to this SIPsubmittal under reviewin this document, whichis related to NewRequirements found in51, Subpart T are notapplicable to this SIPsubmittal under reviewin this document, whichis related to NewRequirements found in51, Subpart T are notapplicable to this SIPsubmittal under reviewin this document, whichis related to NewRequirements found in51, Subpart T are notapplicable to this SIPsubmittal under reviewin this document, whichis related to New48Part 51 –Requirements forPreparation, Adoption,and Submittal ofImplementation PlansNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsApproved Under Title23 U.S.C or the FederalTransit LawsMexico’s constructionpermitting program anddoes not interfere withthe transportationconformity budgetsdeveloped for eachnonattainment andmaintenance areapursuant to subpart T.Mexico’s constructionpermitting program anddoes not interfere withthe transportationconformity budgetsdeveloped for eachnonattainment andmaintenance areapursuant to subpart T.Mexico’s constructionpermitting program anddoes not interfere withthe transportationconformity budgetsdeveloped for eachnonattainment andmaintenance areapursuant to subpart T.Mexico’s constructionpermitting program anddoes not interfere withthe transportationconformity budgetsdeveloped for eachnonattainment andmaintenance areapursuant to subpart T.Mexico’s constructionpermitting program anddoes not interfere withthe transportationconformity budgetsdeveloped for eachnonattainment andmaintenance areapursuant to subpart T.Subpart U – EconomicIncentive Programs40 CFR part 51, subpartU establishesrequirements forstatutorily mandatedeconomic incentiveprograms under sections182(g)(3), 182(g)(5),187(d)(3), or 187(g) ofthe CAA. This subpartis not applicable to thisSIP submittal, which isrelated to New Mexico’sconstruction permittingprogram.40 CFR part 51, subpartU establishesrequirements forstatutorily mandatedeconomic incentiveprograms under sections182(g)(3), 182(g)(5),187(d)(3), or 187(g) ofthe CAA. This subpartis not applicable to thisSIP submittal, which isrelated to New Mexico’sconstruction permittingprogram.40 CFR part 51, subpartU establishesrequirements forstatutorily mandatedeconomic incentiveprograms under sections182(g)(3), 182(g)(5),187(d)(3), or 187(g) ofthe CAA. This subpartis not applicable to thisSIP submittal, which isrelated to New Mexico’sconstruction permittingprogram.40 CFR part 51, subpartU establishesrequirements forstatutorily mandatedeconomic incentiveprograms under sections182(g)(3), 182(g)(5),187(d)(3), or 187(g) ofthe CAA. This subpartis not applicable to thisSIP submittal, which isrelated to New Mexico’sconstruction permittingprogram.40 CFR part 51, subpartU establishesrequirements forstatutorily mandatedeconomic incentiveprograms under sections182(g)(3), 182(g)(5),187(d)(3), or 187(g) ofthe CAA. This subpartis not applicable to thisSIP submittal, which isrelated to New Mexico’sconstruction permittingprogram.Subpart W –Determining Conformityof General FederalActions to State orFederal ImplementationRequirements found in51, Subpart W are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sRequirements found in51, Subpart W are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sRequirements found in51, Subpart W are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sRequirements found in51, Subpart W are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sRequirements found in51, Subpart W are notapplicable to this SIPsubmittal, which isrelated to New Mexico’s49Part 51 –Requirements forPreparation, Adoption,and Submittal ofImplementation PlansNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsPlans construction permittingprogram and is notaddress or interfere withthe New Mexico rulesfor general conformity.construction permittingprogram and is notaddress or interfere withthe New Mexico rulesfor general conformity.construction permittingprogram and is notaddress or interfere withthe New Mexico rulesfor general conformity.construction permittingprogram and is notaddress or interfere withthe New Mexico rulesfor general conformity.construction permittingprogram and is notaddress or interfere withthe New Mexico rulesfor general conformity.Subpart X – Provisionsfor Implementation of 8-hr Ozone NAAQSRequirements found in51, Subpart X are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notassociated with theimplementation of the 8-hour ozone NAAQS.Requirements found in51, Subpart X are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notassociated with theimplementation of the 8-hour ozone NAAQS.Requirements found in51, Subpart X are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notassociated with theimplementation of the 8-hour ozone NAAQS.Requirements found in51, Subpart X are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notassociated with theimplementation of the 8-hour ozone NAAQS.Requirements found in51, Subpart X are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notassociated with theimplementation of the 8-hour ozone NAAQS.Subpart Y – MitigationRequirementsRequirements found in51, Subpart Y are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notassociated with themitigating requirementsof exceptional events.Requirements found in51, Subpart Y are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notassociated with themitigating requirementsof exceptional events.Requirements found in51, Subpart Y are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notassociated with themitigating requirementsof exceptional events.Requirements found in51, Subpart Y are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notassociated with themitigating requirementsof exceptional events.Requirements found in51, Subpart Y are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notassociated with themitigating requirementsof exceptional events.50Part 51 –Requirements forPreparation, Adoption,and Submittal ofImplementation PlansNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsNew MexicoAdministrative CodeTitle 20 –EnvironmentalProtection, Chapter 2 –Air Quality(Statewide), Part 72 –Construction PermitsRevisionsSubpart Z – Provisionsfor Implementation ofPM2.5NAAQSRequirements found in51, Subpart Z are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and is notassociated with theimplementation of thePM2.5NAAQS.Requirements found in51, Subpart Z are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and are notassociated with theimplementation of thePM2.5NAAQS.Requirements found in51, Subpart Z are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and are notassociated with theimplementation of thePM2.5NAAQS.Requirements found in51, Subpart Z are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and are notassociated with theimplementation of thePM2.5NAAQS.Requirements found in51, Subpart Z are notapplicable to this SIPsubmittal, which isrelated to New Mexico’sconstruction permittingprogram and are notassociated with theimplementation of thePM2.5NAAQS.

# 51 III.C. Section-by-Section Review

The current New Mexico SIP includes appr oved Part 72 provisions (approved by EPA on

September 26, 1997, effective November 25, 1997) , which are related to New Mexico’s

Minor NSR construction permit program and includes other preconstruction permitting

requirements potentially applicable to other programs under the NMAC. Since the

September 26, 1997 EPA approval, New Mexico has submitted revisions to Part 72

provisions to EPA for review and appr oval on the following dates: May 29, 1998,

November 6, 1998, April 11, 2002, April 25, 2005, and November 2, 2006.

The tables included in this section of the TSD contain the proposed revisions for each of

the revised sections of Part 72 contained in these five SIP revision submittals. These

revisions are evaluated to determine whethe r the submitted revisions as a whole support

the CAA, EPA policy, and guidance for NSR permitting. A summary of the revisions

proposed for each section of Part 72 is included following the table showing the marked

changes for each section.52Table C.I: Revisions to Section 100 – Issuing AgencyCurrent SIP-approved LanguageApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)100. ISSUING AGENCY: Environmental Improvement Board.[100.] 20.2.72.1ISSUING AGENCY: Environmental Improvement Board.Section 100 identifies the issuing agency for Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 100 include the renumberingof this section to Section 1and formatting changes to thesection title. The formatting changes were a result of Part 72being reformatted to be consistent with other formatting updatesfound in the NMAC.These revisions to Section 100 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.II: Revisions to Section 101 – ScopeCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)101. SCOPE: All persons who intend to construct or modify a source, exceptas otherwise provided by this Part.[101.] 20.2.72.2SCOPE: All persons who intend to construct or modify asource, except as otherwise provided by this Part.Section 101 defines the scope of the provisions of Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 101 include the renumberingof this section to Section 2and formatting changes to thesection title. The formatting changes were a result of Part 72being reformatted to be consistent with other formatting updatesfound in the NMAC.These revisions to Section 101 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.III: Revisions to Section 102 – Statutory AuthorityCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)102. STATUTORY AUTHORITY: Environmental Improvement Act,NMSA 1978, Section 74-1-8(A)(4) and Air Quality Control Act, NMSA1978, Sections 74-2-1 et seq., including specifically, Section 74-2-7(A)(1),[102.] 20.2.72.3STATUTORY AUTHORITY: EnvironmentalImprovement Act, NMSA 1978, Section 74-1-8(A)(4) and Air QualityControl Act, NMSA 1978, Sections 74-2-1 et seq., including specifically,53Current SIP-approved LanguageApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)(B), (C) and (D).Section 74-2-7(A)(1), (B), (C) and (D).Section 102 identifies the statutory authority for the provisions ofPart 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 102 include the renumberingof this section to Section 3and formatting changes to thesection title. The formatting changes were a result of Part 72being reformatted to be consistent with other formatting updatesfound in the NMAC.These revisions to Section 102 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.IV: Revisions to Section 103 – DurationCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)103. DURATION: Permanent. Notwithstanding the applicability provisionsof Section 402 of this Part, the Department is stayed from enforcingrequirements relating to asphalt fumes as a toxic air pollutant for new ormodified sources until September 1, 1997.[103.] 20.2.72.4DURATION: Permanent.Notwithstanding the applicabilityprovisions of [Section 402 of this Part] 20.2.72.402 NMAC, the Departmentis stayed from enforcing requirementsrelating to asphalt fumes as a toxic airpollutant for new or modifiedsources until September 1, 1997.Section 103 specifies the duration of the provisions of Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 103 include the renumberingof this section to Section 4and formatting changes to thesection title and to references to other NMAC provisions. Theformatting changes were a result of Part 72 being reformatted tobeconsistent with other formatting updates found in the NMAC.These revisions to Section 103 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.V: Revisions to Section 104 – Effective DateCurrent SIP-approved Language May 29, 1998SIP Submittal April 11, 2002 SIP Submittal(Baseline Regulatory Language)(04/22/1998State Revisions)(02/02/2001 State Revisions)104. EFFECTIVE DATE: 11-30-95.104. EFFECTIVE DATE: 11-30-95 exceptwhere a later date is cited at the end of a section orparagraph.[104.] 20.2.72.5EFFECTIVE DATE: [11-30-95]November 30, 1995except where a later date iscited at the end of a section or paragraph.54Section 104 specifies the effective date of theprovisions of Part 72 – Construction Permits.Revisions to this section were included in the following SIP submittal(s): May 29, 1998, and April 11, 2002.The May 29, 1998 revisions to Section 104 added clarifying languagethat account for the possibility of different effective datesfor the provisions contained in different sections of Part 72 that may result from future rule revisions.The April 11, 2002 revisions to Section 104 include the renumberingof this section to Section 5and formatting changes to thesection title and to dates contained in the section. The formatting changes were a result of Part 72 being reformatted to beconsistent with other formatting updates found in the NMAC.These revisions to Section 104 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.VI: Revisions to Section 105 – ObjectiveCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)105. OBJECTIVE: The objective of thisPart is to establish the requirementsfor obtaining a construction permit.[105.] 20.2.72.6OBJECTIVE: The objective ofthis Part is to establish therequirements for obtaining a construction permit.Section 105 specifies the objective of the provisions of Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 105 include the renumberingof this section to Section 6and formatting changes to thesection title. The formatting changes were a result of Part 72being reformatted to be consistent with other formatting updatesfound in the NMAC.These revisions to Section 105 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.VII: Revisions to Section 106 – Amendment and Supersession of Prior RegulationsCurrent SIP-approved LanguageApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)106. AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS:This Part amends and supersedes Air Quality Control Regulation ("AQCR")702, - Permits, filed May 29, 1990, as amended ("AQCR 702").[106.] 20.2.72.8AMENDMENT AND SUPERSESSION OF PRIORREGULATIONS: This Part amends and supersedes Air Quality ControlRegulation ("AQCR") 702, - Permits, filed May 29, 1990, as amended("AQCR 702").A. All references to AQCR 702 in any other rule shall be construed as areference to this Part.B. The amendment and supersessionof AQCR 702 shall not affect anyNo Change55Current SIP-approved LanguageApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)administrative or judicial enforcement action pending on the effective date ofsuch amendment nor the validity of any permit issued pursuant to AQCR 702.Section 106 provides an explanation that Part 72 – Construction Permits amends and supersedes the provisions that were containedin Air Quality Control Regulation 702 – Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 106 include the renumberingof this section to Section 8and formatting changes to thesection title. The formatting changes were a result of Part 72being reformatted to be consistent with other formatting updatesfound in the NMAC.These revisions to Section 106 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.VIII: Revisions to Section 107 – DefinitionsCurrent SIP-approved Language April11, 2002 Submittal April 11, 2002 Submittal(Baseline Regulatory Language)(02/02/2001State Revisions)(02/18/2002 State Revisions)107. DEFINITIONS: In addition to the termsdefined in Part 2 - Definitions, as used in this Part:[107.] 20.2.72.7DEFINITIONS: In addition tothe terms defined in [Part 2-Definitions,] 20.2.2NMAC (Definitions)as used in this Part:No ChangeA. "Air pollution control equipment" means anydevice, equipment, process or combination thereofthe operation of which would limit, capture,reduce, confine, or otherwise control aircontaminants or convert for the purposes ofcontrol any air contaminant to another form,another chemical or another physical state.No Change No ChangeB. "Ambient air" means the outdoor atmosphere,but does not include thearea entirely within theboundaries of the industrial or manufacturingproperty within which theair contaminants are ormay be emitted and public access is restrictedwithin such boundaries.No Change No ChangeC. "Coal mining operation" means the business ofdeveloping, producing, preparing or loadingbituminous coal, subbituminous coal, anthracite, orNo Change No Change56Current SIP-approved LanguageApril11, 2002 SubmittalApril 11, 2002 Submittal(Baseline Regulatory Language)(02/02/2001State Revisions)(02/18/2002 State Revisions)lignite, or of reclaimingthe areas upon which suchactivities occur. This definition does not includecoal preparation plants.D. "Coal preparation plant" means any facilitywhich prepares coal by one or more of thefollowing processes: breaking, crushing,screening, wet or dry cleaning, and thermal drying.No Change No ChangeE. "Commencement" means that an owner oroperator has undertaken a continuous program ofconstruction or modification.No Change No ChangeF. "Construction" means fabrication, erection,installation or relocation of a stationary source,including but not limited to temporary installationsand portable stationary sources.No Change No ChangeG. "Emergency" means unforeseen circumstancesresulting in an imminent and substantialendangerment to health, safety, or welfare whichrequires immediate action.No Change No ChangeH. "Federally enforceable" means all limitationsand conditions which are enforceable by theadministrator of the US EPA, including thoserequirements developed pursuant to 40 CFR Parts60 and 61, requirements within any applicableState Implementation Plan, any permitrequirements established pursuant to 40 CFR52.21 or under regulations approved pursuant to 40CFR Part 51, Subpart I including 40 CFR 51.165and 40 CFR 51.166.No Change No ChangeI. "Fugitive emissions" means those emissionswhich could not reasonably pass through a stack,chimney, vent, or other functionally equivalentopening.No Change No ChangeK. "Hazardous air pollutant" means an aircontaminant which has been classified as a"hazardous air pollutant" by the administrator ofNo Change No Change57Current SIP-approved LanguageApril11, 2002 SubmittalApril 11, 2002 Submittal(Baseline Regulatory Language)(02/02/2001State Revisions)(02/18/2002 State Revisions)the US EPA and is subject to a NESHAP.L. "Malfunction"means any sudden andunavoidable failure of air pollution controlequipment, process equipment, or process tooperate in an expected manner. Failures that arecaused entirely or in part by poor maintenance,careless operation, or any other preventableequipment breakdown shall not be considered amalfunction.No Change No ChangeM. "Modification" means any physical change in,or change in the method of operation of, astationary source which results in an increase inthe potential emission rate of any regulated aircontaminant emitted by the source or which resultsin the emission of any regulated air contaminantnot previously emitted, but does not include:1. a change in ownership of the source;2. routine maintenance, repair orreplacement;3. installation of air pollution controlequipment, and all related process equipment andmaterials necessary for its operation, undertakenfor the purpose of complying with regulationsadopted by the board or pursuant to the FederalAct; or4. unlesspreviously limited by enforceablepermit conditions:a. an increase in the production rate, ifsuch increase does not exceed the operating designcapacity of the source;b. an increase in the hours of operation;orc. use of an alternative fuel or rawmaterial if, prior to January 6, 1975, the sourcewas capable of accommodating such fuel or rawM. "Modification" means any physical change in,or change in the method of operation of, astationary source which results in an increase inthe potential emission rate of any regulated aircontaminant emitted by the source or which resultsin the emission of any regulated air contaminantnot previously emitted, but does not include:[1.](1)a change in ownership of the source;[2.](2)routine maintenance, repair orreplacement;[3.](3)installation of air pollution controlequipment, and all related process equipment andmaterials necessary for its operation, undertakenfor the purpose of complying with regulationsadopted by the board or pursuant to the FederalAct; or[4.](4)unless previously limited byenforceable permit conditions:[a.](a)an increase in the productionrate, if such increase does not exceed the operatingdesign capacity of the source;[b.](b)an increase in the hours ofoperation; or[c.](c)use of an alternative fuel or rawmaterial if, prior to January 6, 1975, the sourcewas capable of accommodating such fuel or rawNo Change58Current SIP-approved LanguageApril11, 2002 SubmittalApril 11, 2002 Submittal(Baseline Regulatory Language)(02/02/2001State Revisions)(02/18/2002 State Revisions)material, or if use of analternate fuel or rawmaterial is caused by any natural gas curtailmentor emergency allocation or any other lack ofsupply of natural gas.material, or if use of analternate fuel or rawmaterial is caused by any natural gas curtailmentor emergency allocation or any other lack ofsupply of natural gas.N. "National Ambient Air Quality Standard"means, unless otherwise modified, the primary(health-related) and secondary (welfare-based)federal ambient air quality standards promulgatedby the US EPA pursuant to Section l09 of theFederal Act.No Change No ChangeO. "National Emission Standards for HazardousAir Pollutants" or "NESHAP" mean the regulatoryrequirements, guidelines and emission limitationspromulgated by the US EPA pursuant to Sectionll2 of the Federal Act.No Change No ChangeP. "New Source Performance Standard" or"NSPS" means the regulatory requirements,guidelines and emission limitations promulgatedby the US EPA pursuant to Section 111 of theFederal Act.No Change No ChangeQ. "Nonattainment area" means for any aircontaminant an area which is shown by monitoreddata or which is calculated by air quality modeling(or other methods determined by the administratorto be reliable) to exceed any national or NewMexico ambient air quality standard for suchcontaminant. Such term includes any areasidentified under sub-paragraphs (A) through (C) ofSection 107 (d)(1) of the Federal Act.Q. "Nonattainment area" means for any aircontaminant an area which is shown by monitoreddata or which is calculated by air quality modeling(or other methods determined by the administratorto be reliable) to exceed any national or NewMexico ambient air quality standard for suchcontaminant. Such term includes any areasidentified under [s]Sub-paragraphs (A) through(C) of Section 107 (d)(1) of the Federal Act.No ChangeR. "Operator" means the person or personsresponsible for the overall operation of a facility.No Change No ChangeS. "Owner" means the person or persons whoown a facility or part of a facility.No Change No ChangeT. "Part" means an air quality control regulationunder Title 20, Chapter 2 of the New MexicoNo Change No Change59Current SIP-approved LanguageApril11, 2002 SubmittalApril 11, 2002 Submittal(Baseline Regulatory Language)(02/02/2001State Revisions)(02/18/2002 State Revisions)Administrative Code, unless otherwise noted; asadopted or amended by the Board.U. "Portable stationary source" means a sourcewhich can be relocated to another operating sitewith limited dismantling and reassembly,including for example but not limited to moveablesand and gravel processing operations and asphaltplants.No Change No ChangeV. "Potential emission rate" means the emissionrate of a source at its maximum capacity in theabsence of air pollution control equipment whichis not vital to production of the normal product ofthe source or to its normal operation. Thedetermination of maximum capacity includes anyfederally enforceable physical or operationallimitation on the capacity of the source.No Change V. "Potential emission rate" means the emissionrate of a source at its maximum capacity [in theabsence of air pollution control equipment whichis not vital toproduction of the normal product ofthe source or to its normal operation.Thedetermination of maximum capacity includes anyfederally enforceable physical or operationallimitation on the capacity of the source] to emit aregulated air contaminant under its physical andoperational design, provided any physical oroperational limitation on the capacity of the sourceto emit a regulated air contaminant, including airpollution control equipment and restrictions onhours of operation or on the type or amount ofmaterial combusted, stored or processed, shall betreated as part of its physical and operationaldesign only if the limitation or the effect it wouldhave on emissions is enforceable by thedepartment pursuant to the Air Quality Control Actor the federal Act.W. "Regulated air contaminant" means, any aircontaminant, the emission or ambientconcentration of which is regulated pursuant to theNew Mexico Air Quality Control Act or theFederal Act.No Change No ChangeX. "Shutdown" means the cessation of operationof any air pollution control equipment, processNo Change No Change60Current SIP-approved LanguageApril11, 2002 SubmittalApril 11, 2002 Submittal(Baseline Regulatory Language)(02/02/2001State Revisions)(02/18/2002 State Revisions)equipment or process for any purpose, exceptroutine phasing out of batch process units.Y. "Standard Industrial Classification" or "SIC"means the code from the classification manualcreated by the ExecutiveOffice of the PresidentOffice of Management and Budget, whichcategorizes industrial, manufacturing andcommercial facilities, as listed in the StandardIndustrial Code Manual published by the U.S.Government Printing Office, Washington D.C.l972.No Change No ChangeZ. "Startup" means the setting into operation ofany air pollution control equipment, processequipment or process for any purpose, exceptroutine phasing in of batch process units.No Change No ChangeAA. "Stationary source"or "source" means anybuilding, structure, equipment, facility, installation(including temporary installations), operation orportable stationary source which emits or mayemit any air contaminant. Any research facilitymay group its sources for the purpose of this Partat the discretion of the Secretary.No Change No ChangeSection 107 provides definitions of various terms used throughout the provisions of Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The first set of revisions toSection 107 contained in the April 11, 2002 submittalinclude the renumbering of this section toSection 7 and formatting changes to the section title, referencesto other NMAC provisions, andlist numbering. The formattingchanges were a result of Part72 being reformatted to be consistent with other formatting updates found in the NMAC.The second set of revisions to Section 107contained in the April 11, 2002 submittal revised the definition of “potential emissionrate.” The revisions result in a definition for this term that ismore consistent with the definition of “potential to emit” contained in40 CFR 51.166. The revised definition alsomore clearly identifies what types ofphysical and operational limitations, and underwhat conditions, can be accounted for whendetermining the potential emission rate.61These revisions to Section 107, as compared with the current NewMexico SIP, do not affect the ability of these provisions to meetfederal requirements for SIP-approved permitting plans.Table C. IX: Revisions to Section 108 – DocumentsCurrent SIP-approved LanguageApril 11, 2002 Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)108. DOCUMENTS: Documents incorporated and cited in this Part may beviewed at the New Mexico Environment Department, Air Quality Bureau,Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, NM 87505.[108.] 20.2.72.9DOCUMENTS: Documents incorporated and cited in thisPart may be viewed at the New Mexico Environment Department, Air QualityBureau, Harold Runnels Building, 1190St. Francis Drive, Santa Fe, NM87505.Section 108 specifies the locations of documents that are incorporated or cited in Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 108 include the renumberingof this section to Section 9and formatting changes to thesection title. The formatting changes were a result of Part 72being reformatted to be consistent with other formatting updatesfound in the NMAC.These revisions to Section 108 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.X: Revisions to Section 200 – Application for Construction, Modification, NSPS, and NESHAP – Permits andRevisionsCurrent SIP-approved LanguageApril 11, 2002 Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)200. APPLICATION FOR CONSTRUCTION, MODIFICATION, NSPS,AND NESHAP - PERMITS AND REVISIONS:[200.] 20.2.72.200APPLICATION FOR CONSTRUCTION,MODIFICATION, NSPS, AND NESHAP - PERMITS AND REVISIONS:A. Permits must be obtained from the Department by:1. Any person constructing a stationary source which has a potentialemission rate greater than 10 pounds per hour or 25 tons per year of anyregulated air contaminant for which there is a National or New MexicoAmbient Air Quality Standard. If the specified threshold in this subsection isexceeded for any one regulated aircontaminant, all regulated aircontaminants with National or New Mexico Ambient Air Quality Standardsemitted are subject to permit review. Within this subsection, the potentialemission rate for nitrogen dioxide shall be based on total oxides of nitrogen;2. Any person modifying a stationary source when all of the pollutantA. Permits must be obtained from the Department by:[1.](1)Any person constructing a stationary source which has apotential emission rate greater than 10 pounds per hour or 25 tons per year ofany regulated air contaminant for which there is a National or New MexicoAmbient Air Quality Standard. If the specified threshold in this subsection isexceeded for any one regulated aircontaminant, all regulated aircontaminants with National or New Mexico Ambient Air Quality Standardsemitted are subject to permit review. Within this subsection, the potentialemission rate for nitrogen dioxide shall be based on total oxides of nitrogen;[2.](2)Any person modifying a stationary source when all of the62Current SIP-approved LanguageApril 11, 2002 Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)emitting activities at the entire facility, either prior to or following themodification, emit a regulated air contaminant for which there is a National orNew Mexico Ambient Air Quality Standard with a potential emission rategreater than 10 pounds per hour or 25 tons per year and the regulated aircontaminant is emitted as a result of the modification. If the specifiedthreshold in this subsection isexceeded for any one regulated aircontaminant, all regulated air contaminants with National or New MexicoAmbient Air Quality Standards emitted by the modification are subject topermit review. Within this subsection, the potential emission rate for nitrogendioxide shall be based on total oxides of nitrogen;3. Any person constructing or modifying any source or installing anyequipment which is subject to Part77, New Source Performance Standards,Part 78, Emission Standards for Hazardous Air Pollutants, or any other NewMexico Air Quality Control Regulationwhich contains emission limitationsfor any regulated air contaminant;4. For toxic air pollutants, See Subpart IV;5. Any person constructing a stationary source which has a potentialemission rate for lead greater than 5 tons per year or modifying a stationarysource which either prior to or following the modification has a potentialemission rate for lead greaterthan 5 tons per year; or6. Sources which are major sources of hazardous air pollutants by thedefinitions in Part 83, Construction or Modification of Major Sources ofHazardous Air Pollutants.pollutant emitting activities at the entire facility, either prior to or followingthe modification, emit a regulated air contaminant for which there is aNational or New Mexico Ambient Air Quality Standard with a potentialemission rate greater than 10 pounds per hour or 25 tons per year and theregulated air contaminant is emitted as a result of the modification. If thespecified threshold in this subsectionis exceeded for any one regulated aircontaminant, all regulated air contaminants with National or New MexicoAmbient Air Quality Standards emitted by the modification are subject topermit review. Within this subsection, the potential emission rate for nitrogendioxide shall be based on total oxides of nitrogen;[3.](3)Any person constructing or modifying any source or installingany equipment which is subject to [Part 77,] 20.2.77 NMAC (New SourcePerformance Standards), [Part 78,] 20.2.78 NMAC (Emission Standards forHazardous Air Pollutants), or any other New Mexico Air Quality ControlRegulation which contains emission limitations for any regulated aircontaminant;[4.](4)For toxic air pollutants, [S]see [Subpart IV] 20.2.72.400 NMAC- 20.2.72.499 NMAC;[5.](5)Any person constructing a stationary source which has apotential emission rate for lead greater than 5 tons per year or modifying astationary source which either prior to or following the modification has apotential emission rate for lead greater than 5 tons per year; or[6.](6)Sources which are major sources of hazardous air pollutants bythe definitions in [Part 83,] 20.2.83 NMAC (Construction or Modification ofMajor Sources of Hazardous Air Pollutants).B. Fugitive dust emissions from a coal mining operation shall not be subjectto the requirements of Section 200.A.1 of this Part. Note: New coal miningoperations are required to have an approved air pollution control plan forfugitive dust emissions by the New Mexico Surface Coal MiningCommission.B. Fugitive dust emissions from a coal mining operation shall not be subjectto the requirements of [Section 200.A.1 of this Part] Paragraph 1 ofSubsection A of 20.2.72.200 NMAC. Note: New coal mining operations arerequired to have an approved air pollution control plan for fugitive dustemissions by the New Mexico Surface Coal Mining Commission.C. Any source or modification meeting the applicability requirements of thisPart, but which is a major stationarysource or a major modification asdefined in Part 74, shall in addition be subject to Part 74 - Prevention ofSignificant Deterioration.C. Any source or modification meeting the applicability requirements of thisPart, but which is a major stationarysource or a major modification asdefined in [Part 74] 20.2.74 NMAC, shall in addition be subject to [Part 74-]20.2.74 NMAC (Prevention of Significant Deterioration).D. Any source or modification meeting the applicability requirements of this D. Any source or modification meeting the applicability requirements of this63Current SIP-approved LanguageApril 11, 2002 Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)Part but which is a major stationary source or a major modification as definedin Part 79, shall in addition be subject to Part 79 - Permits - NonattainmentAreas.Part but which is a major stationary source or a major modification as definedin [Part 79] 20.2.79 NMAC, shall in addition be subject to [Part 79-] 20.2.79NMAC (Permits - Nonattainment Areas).E. For all sources subject to this Part, applications for permits shall be filedprior to the commencement of the construction, modification or installation.Regardless of the anticipated commencement date, no construction,modification or installation shall begin prior to issuance of the permit.No ChangeF. Temporary installations and portable stationary sources are subject to thisPart.No ChangeG. If a source consists of more than one unit, a separate permit may berequired for each unit which is not substantially interrelated with another unit.A common connection leading to ductwork, pollution control equipment or asingle stack shall not, by itself, constitutea substantial interrelationship.No ChangeH. Any source which previously did not require a permit because it was inexistence before August 31, 1972 shall besubject to the requirements of thisPart if operations cease for a period offive years or more and the source has apotential emission rate greater than 10 pounds per hour or 25 tons per year ofany regulated air contaminant for which there is a National or New MexicoAmbient Air Quality Standard.No ChangeI. Any source meeting the applicability requirements of this Part, but whichis a major source of hazardous air pollutants, shall in addition be subject toPart 83, Construction or Modificationof Major Sources of Hazardous AirPollutants.I. Any source meeting the applicability requirements of this Part, but whichis a major source of hazardous air pollutants, shall in addition be subject to[Part 83-] 20.2.83 NMAC (Construction or Modification of Major Sources ofHazardous Air Pollutants).Section 200 specifies the applicability tests trigger application requirements forconstruction, modification, NSPS, and NESHAPunder Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 200 include formatting changes to the section title, references to other NMAC provisions,and list numbering. The formatting changes were a result of Part72 being reformatted to be consistent with other formattingupdates found in the NMAC.These revisions to Section 200 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.64Table C.XI: Revisions to Section 201 – New Source Review CoordinationCurrent SIP-approved LanguageApril 11, 2002 SubmittalApril 11, 2002 Submittal(Baseline Regulatory Language)(01/01/2000State Revisions)(02/02/2001 State Revisions)201. NEW SOURCE REVIEWCOORDINATION: In cases where the newsource review requirementsof either Part 74, 79,77, 78, or Part 83, Construction or Modificationsof Major Sources of Hazardous Air Pollutantsapply to a new stationary source or modification inaddition to this Part, the following provisionsapply:A. Only one permit application shall besubmitted;B. The application shall be ruled completewhen information required by all applicableregulations has been submitted;C. Definitions and requirements of eachapplicable regulation are applied separately and donot supersede each other; andD. After the requirements of all applicableregulations are met, only one permit shall beissued.201. NEW SOURCE REVIEWCOORDINATION: In cases where the newsource review requirementsof either Part 74, 79,77, 78, or Part 83 -Construction or Modificationsof Major Sources of Hazardous Air Pollutantsapply to a new stationary source or modification inaddition to this Part, the following provisionsapply:A. Only one permit application shall besubmitted. The applicant shall submit a sufficientnumber of copies to meet the requirement of theapplicable Part which requires the most copies;B. The application shall be ruledadministrativelycomplete when informationrequired by all applicable [regulations] Partshasbeen submitted;C. Definitions and requirements of eachapplicable [regulation] Partare applied separatelyand do not supersede each other; andD. After the requirements of all applicable[regulations] Partsare met, only one permit shallbe issued.[201.] 20.2.72.201NEW SOURCE REVIEWCOORDINATION: In cases where the newsource review requirementsof either [Part 74, 79,77, 78, or Part 83-] 20.2.74 NMAC, 20.2.77NMAC, 20.2.78 NMAC, 20.2.79 NMAC, or20.2.83 NMAC (Construction or Modifications ofMajor Sources of Hazardous Air Pollutants)applyto a new stationary source or modification inaddition to this Part, the following provisionsapply:A. Only one permit application shall besubmitted. The applicant shall submit a sufficientnumber of copies to meet the requirement of theapplicable Part which requires the most copies;B. The application shall be ruledadministratively complete when informationrequired by all applicable Parts has beensubmitted;C. Definitions and requirements of eachapplicable Part are applied separately and do notsupersede each other; andD. After the requirements of all applicableParts are met, only one permit shall be issued.Section 201 describes the coordination of the new source review (NSR) requirements contained in Part 72 – Construction Permitswith NSR requirements from other Parts, as necessary.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The first set of revisions toSection 201 contained in the April 11, 2002 submittalinclude addition of clarifying language regardingthe number of permit applications requiredfor submittal if an applicant is subject to NSR under multiple Parts. The submittalalsoincludes the addition of other non-substantive clarifying language.65The second set of revisions to Section 201contained in the April 11, 2002 submittal include formatting changes to the sectiontitleand references to other NMAC provisions.The formatting changes were a result of Part72 being reformatted to be consistent withother formatting updates found in the NMAC.These revisions to Section 201 provide clarification regardingapplicable NSR requirements alongwith formatting updates. Thechanges made to this section, as comparedwith the current New Mexico SIP, do not affect the ability of the provisions to meetfederal requirements for SIP-approved permitting plans.Table C.XII: Revisions to Section 202 – Permit Revisions(Later Revised to Exemptions)Current SIP-approved LanguageMay 29, 1998 SIP SubmittalMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions)(02/02/2001 State Revisions)202. PERMIT REVISION: 202. [PERMIT REVISION:]EXEMPTIONS: The followingexemptions are made to thefollowing requirements of Subpart IIof this Part. The exemptions in thisSection do not apply to emissions oftoxic air pollutants listed underSection 502 of this Part, do not alterthe calculation of the potentialemissions of toxic air pollutants forapplicability under Section 402 ofthis Part, and do not exempt theDepartment or the owner or operatorof any source from any requirementunder Sections 403, 404, or 405 ofthis Part.No Change [202.] 20.2.72.202EXEMPTIONS:The following exemptions are madeto the following requirements of[Subpart II of this Part] 20.2.72.200NMAC - 20.2.72.299 NMAC. Theexemptions in this Section do notapply to emissions of toxic airpollutants listed under [Section 502of this Part] 20.2.72.502 NMAC, donot alter the calculation of thepotential emissions of toxic airpollutants for applicability under[Section 402 of this Part] 20.2.72.402NMAC, and do not exempt theDepartment or the owner or operatorof any source from any requirementunder [Sections 403, 404, or 405 ofthis Part] 20.2.72.403 NMAC,20.2.72.404 NMAC, or 20.2.72.405NMAC.A. The owner or operator of anypermitted source may apply to theDepartment for revisions to any termor condition of such permit,including but not limited to emissionA. [The owner or operator of anypermitted source may apply to theDepartment for revisions to any termor condition of such permit,including but not limited to emissionA. The following sources andactivities shall not be reported in thepermit application. Emissions fromsuch activities shall not be includedin the calculation of facility-wideA. The following sources andactivities shall not be reported in thepermit application. Emissions fromsuch activities shall not be includedin the calculation of facility-wide66Current SIP-approved LanguageMay 29, 1998 SIP SubmittalMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions)(02/02/2001 State Revisions)limitation, control technology,operating conditions, and monitoringrequirements. Applications shall bein writing, clearly identifying theterms and conditions which theowner or operator proposes tochange, together with the specificchanges requested, and the reasonstherefor. Applications for revisionsto increase any emission limitationcontained in any permit shall beprocessed in accordance with thepublic notice, review, and hearingprocedures set forth in Section 206and 207 of this Part.limitation, control technology,operating conditions, and monitoringrequirements.Applications shall bein writing, clearly identifying theterms and conditions which theowner or operator proposes tochange, together with the specificchanges requested, and the reasonstherefor.Applications for revisionsto increase any emission limitationcontained in any permit shall beprocessed in accordance with thepublic notice, review, and hearingprocedures set forth in Section 206and 207 of this Part.] The followingsources and activities shall not bereported in the permit application.Emissions from such activities shallnot be included in the calculation offacility-wide potential emission rateunder Sections 200.A.1 or 200.A.2.Such activities may be commencedor changed without a permit orpermit revision under this Subpart:1. Activities which occurstrictly from maintenance of groundsor buildings, including: lawn care,pest control, grinding, cutting,welding, painting, woodworking,sweeping, general repairs, janitorialactivities, and building roofingoperations;2. Activities for maintenanceof equipment or pollution controlequipment, either inside or outside ofpotential emission rate underSections 200.A.1 or 200.A.2. Suchactivities may be commenced orchanged without a permit or permitrevision under this Subpart:1. Activities which occurstrictly from maintenance of groundsor buildings, including: lawn care,pest control, grinding, cutting,welding, painting, woodworking,sweeping, general repairs, janitorialactivities, and building roofingoperations;2. Activities for maintenanceof equipment or pollution controlequipment, either inside or outside ofa building, including cutting,welding, and grinding, but excludingpainting;3. Exhaust emissions fromforklifts, courier vehicles, front endloaders, graders, carts, maintenancetrucks, and fugitive emissions fromfleet vehicle refueling operations,provided each emissions are notsubject to any requirements underthis Chapter (Air Quality), NSPS orNESHAP;4. Use of fire fightingequipment and fire fighting training;5. Government militaryactivities such as field exercises,explosions, weapons testing anddemolition to the extent that suchactivities:potential emission rate under[Sections 200.A.1 or 200.A.2]Paragraphs 1 or 2 of Subsection A of20.2.72.200 NMAC. Such activitiesmay be commenced or changedwithout a permit or permit revisionunder [this Subpart] 20.2.72.200NMAC - 20.2.72.299 NMAC:[1.](1)Activities which occurstrictly from maintenance of groundsor buildings, including: lawn care,pest control, grinding, cutting,welding, painting, woodworking,sweeping, general repairs, janitorialactivities, and building roofingoperations;[2.](2)Activities formaintenance of equipment orpollution control equipment, eitherinside or outside of a building,including cutting, welding, andgrinding, but excluding painting;[3.](3)Exhaust emissions fromforklifts, courier vehicles, front endloaders, graders, carts, maintenancetrucks, and fugitive emissions fromfleet vehicle refueling operations,provided each emissions are notsubject to any requirements underthis Chapter (Air Quality), NSPS orNESHAP;[4.](4)Use of fire fightingequipment and fire fighting training;[5.](5)Government militaryactivities such as field exercises,67Current SIP-approved LanguageMay 29, 1998 SIP SubmittalMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions)(02/02/2001 State Revisions)a building, including cutting,welding, and grinding, but excludingpainting;3. Exhaust emissions fromforklifts, courier vehicles, front endloaders, graders, carts, maintenancetrucks, and fugitive emissions fromfleet vehicle refueling operations,provided each emissions are notsubject to any requirements underthis Chapter (Air Quality), NSPS orNESHAP;4. Use of fire fightingequipment and fire fighting training;5. Government militaryactivities such as field exercises,explosions, weapons testing anddemolition to the extent that suchactivities:a. Do not result in visibleemissions entering publiclyaccessible areas; andb. Are not subject to aNSPS or NESHAP;6. Office activities, such asphotocopying;7. Test drilling forcharacterization of undergroundstorage tank and waste disposal sites;8. Non-anthropogenic windblown dust;9. Residential activities suchas use of fireplaces, woodstoves, andbarbecue cookers;10. Gases used to calibratea. Do not result in visibleemissions entering publiclyaccessible areas; andb. Are not subject to aNSPS or NESHAP;6. Office activities, such asphotocopying;7. Test drilling forcharacterization of undergroundstorage tank and waste disposal sites;8. Non-anthropogenic windblown dust;9. Residential activities suchas use of fireplaces, woodstoves, andbarbecue cookers;10. Gases used to calibrateplant instrumentation, includingcontinuous emission monitoring(CEM) systems;11. Food service, such ascafeteria activities;12. Automotive repair shopactivities, except painting and use ofsolvents;13. Use of portable aerospaceground equipment (such as powergenerators, compressors, heaters, airconditioners, lighting units) in directsupport of aircraft operations and onor in the immediate vicinity of anairfield;14. Activities which occurstrictly for preventative maintenanceof highway bridges, displays andwater towers, including: grinding,explosions, weapons testing anddemolition to the extent that suchactivities:[a.](a)Do not result invisible emissions entering publiclyaccessible areas; and[b.](b)Are not subject to aNSPS or NESHAP;[6.](6)Office activities, suchas photocopying;[7.](7)Test drilling forcharacterization of undergroundstorage tank and waste disposal sites;[8.](8)Non-anthropogenicwind blown dust;[9.](9)Residential activitiessuch as use of fireplaces,woodstoves, and barbecue cookers;[10.](10)Gases used tocalibrate plant instrumentation,including continuous emissionmonitoring (CEM) systems;[11.](11)Food service, such ascafeteria activities;[12.](12)Automotive repairshop activities, except painting anduse of solvents;[13.](13)Use of portableaerospace ground equipment (such aspower generators, compressors,heaters, air conditioners, lightingunits) in direct support of aircraftoperations and on or in theimmediate vicinityof an airfield;[14.](14)Activities which68Current SIP-approved LanguageMay 29, 1998 SIP SubmittalMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions)(02/02/2001 State Revisions)plant instrumentation, includingcontinuous emission monitoring(CEM) systems;11. Food service, such ascafeteria activities;12. Automotive repair shopactivities, except painting and use ofsolvents;13. Use of portable aerospaceground equipment (such as powergenerators, compressors, heaters, airconditioners, lighting units) in directsupport of aircraft operations and onor in the immediate vicinity of anairfield;14. Activities which occurstrictly for preventative maintenanceof highway bridges, displays andwater towers, including: grinding,cutting, welding, painting, andgeneral repairs;15. The act of repositioning orrelocating equipment, pipes,ductwork, or conveyors within theplant site, but only when such changein physical configuration does not:a. Reposition or relocateany source of air emissions or theemission points from any suchsource; orb. Increase the amount ofair emissions or the ambient impactsof such emissions.B. The presence of the followingnew or modified sources andcutting, welding, painting, andgeneral repairs;15. The act of repositioning orrelocating equipment, pipes,ductwork, or conveyors within theplant site, but only when such changein physical configuration does not:a. Reposition or relocateany source of air emissions or theemission points from any suchsource; orb. Increase the amount ofair emissions or the ambient impactsof such emissions.B. The presence of the followingnew or modified sources andactivities at the facility shall bereported as provided for in the permitapplication forms supplied by theDepartment. Emissions from suchsources and activities shall not beincluded in the calculation of facilitywide potential emission rates underSections 200.A.1 or 200.A.2 of thisPart. Construction of such sources orcommencement of such activitiesafter issuance of the permit shall besubject to the administrative permitrevision procedures in Section 219 ofthis Subpart:1. Fuel burning equipmentwhich is used solely for heatingbuildings for personal comfort or forproducing hot water for personal useand which:occur strictly for preventativemaintenance of highway bridges,displays and water towers, including:grinding, cutting, welding, painting,and general repairs;[15.](15)The act ofrepositioning or relocatingequipment, pipes, ductwork, orconveyors within the plant site, butonly when such change in physicalconfiguration does not:[a.](a)Reposition orrelocate any source of air emissionsor the emission points from any suchsource; or[b.](b)Increase the amountof air emissions or the ambientimpacts of such emissions.B. The presence of the followingnew or modified sources andactivities at the facility shall bereported as provided for in the permitapplication forms supplied by theDepartment. Emissions from suchsources and activities shall not beincluded in the calculation of facilitywide potential emission rates under[Sections 200.A.1 or 200.A.2 of thisPart] Paragraphs 1 or 2 of SubsectionA of 20.2.72.200 NMAC.Construction of such sources orcommencement of such activitiesafter issuance of the permit shall besubject to the administrative permitrevision procedures in [Section 21969Current SIP-approved LanguageMay 29, 1998 SIP SubmittalMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions)(02/02/2001 State Revisions)activities at the facility shall bereported as provided for in the permitapplication forms supplied by theDepartment. Emissions from suchsources and activities shall not beincluded in the calculation of facilitywide potential emission rates underSections 200.A.1 or 200.A.2 of thisPart. Construction of such sources orcommencement of such activitiesafter issuance of the permit shall besubject to the administrative permitrevision procedures in Section 219 ofthis Subpart:1. Fuel burning equipmentwhich is used solely for heatingbuildings for personal comfort or forproducing hot water for personal useand which:a. Uses gaseous fuel andhas a design rate of less than or equalto five (5) million BTU per hour; orb. Uses distillate oil (notincluding waste oil) and has a designrate of less than or equal to one (1)million BTU per hour;2. VOC emissions resultingfrom the handling or storing of anyVOC if:a. Such VOC has a vaporpressure of less than two tenths (0.2)PSI at temperatures at which thecompound is stored and handled; andb. The owner or operatormaintains sufficient record keepinga. Uses gaseous fuel andhas a design rate of less than or equalto five (5) million BTU per hour; orb. Uses distillate oil (notincluding waste oil) and has a designrate of less than or equal to one (1)million BTU per hour;2. VOC emissions resultingfrom the handling or storing of anyVOC if:a. Such VOC has a vaporpressure of less than two tenths (0.2)PSI at temperatures at which thecompound is stored and handled; andb. The owner or operatormaintains sufficient record keepingto verify that the requirements ofSection 202.B.2.a are met;3. Standby generators whichare:a. Operated only during theunavoidable loss of commercialutility power;b. Operated less than 500hours per year; andc. Either are:(1) The only source ofair emissions at the site; or(2) Accompanied bysufficient record keeping to verifythat the standby generator is operatedless than 500 hours per year;4. The act of repositioning orrelocating sources of air emissions oremission points within the plant site,of this Subpart] 20.2.219 NMAC:[1.](1)Fuel burning equipmentwhich is used solely for heatingbuildings for personal comfort or forproducing hot water for personal useand which:[a.](a)Uses gaseous fueland has a design rate of less than orequal to five (5) million BTU perhour; or[b.](b)Uses distillate oil(not including waste oil) and has adesign rate of less than or equal toone (1) million BTU per hour;[2.](2)VOC emissionsresulting from the handling or storingof any VOC if:[a.](a)Such VOC has avapor pressure of less than two tenths(0.2) PSI at temperatures at whichthe compound is stored and handled;and[b.](b)The owner oroperator maintains sufficient recordkeeping to verify that therequirements of Section 202.B.2.aare met;[3.](3)Standby generatorswhich are:[a.](a)Operated onlyduring the unavoidable loss ofcommercial utility power;[b.](b)Operated less than500 hours per year; and[c.](c)Either are:70Current SIP-approved LanguageMay 29, 1998 SIP SubmittalMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions)(02/02/2001 State Revisions)to verify that the requirements ofSection 202.B.2.a are met;3. Standby generators whichare:a. Operated only during theunavoidable loss of commercialutility power;b. Operated less than 500hours per year; andc. Either are:(1) The only source ofair emissions at the site; or(2) Accompanied bysufficient record keeping to verifythat the standby generator is operatedless than 500 hours per year;4. The act of repositioning orrelocating sources of air emissions oremission points within the plant site,but only when such change inphysical configuration does notincrease air emissions or the ambientimpacts of such emissions;5. Any emissions unit,operation, or activity that has apotential emission rate of no morethan one-half (1/2) ton per year ofany pollutant for which a National orNew Mexico Ambient Air QualityStandard has been set or one-half(1/2) ton per year of any VOC.Multiple emission units, operations,and activities that perform identicalor similar functions shall becombined in determining thebut only when such change inphysical configuration does notincrease air emissions or the ambientimpacts of such emissions;5. Any emissions unit,operation, or activity that has apotential emission rate of no morethan one-half (1/2) ton per year ofany pollutant for which a National orNew Mexico Ambient Air QualityStandard has been set or one-half(1/2) ton per year of any VOC.Multiple emission units, operations,and activities that perform identicalor similar functions shall becombined in determining theapplicability of this exemption;6. Surface coating ofequipment, including spray painting,roll coating, and painting withaerosol spray cans, if:a. The potential emissionrate of VOCs do not exceed ten (10)pounds per hour;b. The facility-wide totalVOC content of all coating andclean-up solvent use is less than two(2) tons per year; andc. The owner or operatormaintains sufficient record keepingto verify that the requirements in202.B.6.a and b above are met;7. Particulate emissionsresulting from abrasive blastingoperations; if[(1)](i)The only sourceof air emissions at the site; or[(2)](ii)Accompaniedby sufficient record keeping to verifythat the standby generator is operatedless than 500 hours per year;[4.](4)The act of repositioningor relocating sources of air emissionsor emission points within the plantsite, but only when such change inphysical configuration does notincrease air emissions or the ambientimpacts of such emissions;[5.](5)Any emissions unit,operation, or activity that has apotential emission rate of no morethan one-half (1/2) ton per year ofany pollutant for which a National orNew Mexico Ambient Air QualityStandard has been set or one-half(1/2) ton per year of any VOC.Multiple emission units, operations,and activities that perform identicalor similar functions shall becombined in determining theapplicability of this exemption;[6.](6)Surface coating ofequipment, including spray painting,roll coating, and painting withaerosol spray cans, if:[a.](a)The potentialemission rate of VOCs do not exceedten (10) pounds per hour;[b.](b)The facility-widetotal VOC content of all coating and71Current SIP-approved LanguageMay 29, 1998 SIP SubmittalMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions)(02/02/2001 State Revisions)applicability of this exemption;6. Surface coating ofequipment, including spray painting,roll coating, and painting withaerosol spray cans, if:a. The potential emissionrate of VOCs do not exceed ten (10)pounds per hour;b. The facility-wide totalVOC content of all coating andclean-up solvent use is less than two(2) tons per year; andc. The owner or operatormaintains sufficient record keepingto verify that the requirements in202.B.6.a and b above are met;7. Particulate emissionsresulting from abrasive blastingoperations; ifa. Blasting operations areentirely enclosed in a building; andb. No visible particulateemissions are released from thebuilding.C. [RESERVED]a. Blasting operations areentirely enclosed in a building; andb. No visible particulateemissions are released from thebuilding.C. [[RESERVED]] For sources andunits subject to 40 CFR Part 60(NSPS), 40 CFR Part 61 (NESHAP)or other Parts of this Chapter (AirQuality),except 40 CFR Part 60Subparts I (asphalt plants) and OOO(rock crushers), 40 CFR Part 61Subpart C (Beryllium), and 40 CFRPart 61 Subpart D (Beryllium RocketMotor Firing):1.Such sources and units shallbe exempt from the applicabilityrequirements in Section 200.A3 ifsuch sources or units:a. Are included in a Noticeof Intent fled under Part 73 -Noticeof Intent and Emissions Inventory;orb. Have met the notificationrequirements to which they aresubject under NSPS or NESHAP;and2. Applicability determinationsunder Sections 200.A 1 and 200.A2of this Part shall take into account allfederally enforceable emission limitsestablished for such sources or unitsunder NSPS, NESHAP and otherParts of this Chapter.clean-up solvent use is less than two(2) tons per year; and[c.](c)The owner oroperator maintains sufficient recordkeeping to verify that therequirements in 202.B.6.a and babove are met;[7.](7)Particulate emissionsresulting from abrasive blastingoperations; if[a.](a)Blasting operationsare entirely enclosed in a building;and[b.](b). No visibleparticulate emissions are releasedfrom the building.C. For sources and units subject to40 CFR Part 60 (NSPS), 40 CFR Part61 (NESHAP) or other Parts of thisChapter (Air Quality),except 40CFR Part 60 Subparts I (asphaltplants) and OOO (rock crushers), 40CFR Part 61 Subpart C (Beryllium),and 40 CFR Part 61 Subpart D(Beryllium Rocket Motor Firing):[1.](1)Such sources and unitsshall be exempt from theapplicability requirements in [Section200.A3] Paragraph 3 of Subsection Aof 20.2.72.200 NMACif suchsources or units:[a.](a)Are included in aNotice of Intent fled under [Part 73-]20.2.73 NMAC (Notice of Intent andEmissions Inventory);or72Current SIP-approved LanguageMay 29, 1998 SIP SubmittalMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions)(02/02/2001 State Revisions)[b.](b)Have met thenotification requirements to whichthey are subject under NSPS orNESHAP; and[2.](2)Applicabilitydeterminations under [Sections200.A 1 and 200.A2 of this Part]Paragraphs 1 and 2 of Subsection Aof 20.2.72.200 NMACshall take intoaccount all federally enforceableemission limits established for suchsources or units under NSPS,NESHAP and other Parts of thisChapter.B. A portable source which hasbeen issued a permit under this Partmay relocate without undergoing apermit revision only if:1. The source is installed in amanner conforming with the initialpermit;2. The source continues tomeet all applicable emissionlimitations and permit conditions;3. The owner or operatornotifies the Department at leastfifteen (15) days prior to beginninginstallation at the new location; and4. The Departmentdetermines that no National or NewMexico Ambient Air QualityStandard will be exceeded at the newlocation.[B.]D. Portable Source Relocation.For a[A] portable source which hasbeen issued a permit under this Part:1. Such sourcemay relocatewithout undergoing a permit revision[only] if:[1]a.The source is installedin a manner conforming with theinitial permit;[2]b.The source continuesto meet all applicable emissionlimitations and permit conditions;and[3]c. The source meets theapplicable requirements in Sections202.D.2 and 202.D.3 below;2. For each portablecompressor engine which has beenissued a streamlined permit inaccordance with Section 301.D.1 ofthis Part, the owner or operator shallNo ChangeD. Portable Source Relocation. Fora portable source which has beenissued a permit under this Part:[1.](1)Such source mayrelocate without undergoing a permitrevision if:[a.](a)The source isinstalled in a manner conformingwith the initial permit;[b.](b)The sourcecontinues to meet all applicableemission limitations and permitconditions; and[c.](c)The source meetsthe applicable requirements in[Sections 202.D.2 and 202.D.3]Paragraphs 2 and 3 of Subsection Dof 20.2.72.202 NMACbelow;[2.](3)For each portablecompressor engine which has beenissued a streamlined permit in73Current SIP-approved LanguageMay 29, 1998 SIP SubmittalMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions)(02/02/2001 State Revisions)complete the appropriate formsprovided by the Department andmaintain such records on file for atleast two (2) years;3. For all other portablesources, including but not limited torock crushers and asphalt plants:a.The owner or operatorshall notify[notifies] theDepartment, on the form provided bythe Department,at least fifteen (15)days prior to beginning installation atthe new location; [and]b. Operation at a newlocation of such source shall notcommence until the Department hasapproved the relocation in writing;[4.] c.The Department shallnot approve the relocation if it wouldresult in exceedances of any[determines that no] National or NewMexico Ambient Air QualityStandard[will be exceeded]at thenew location; andd. The Department shallapprove, deny, or approve withconditions, the relocation requestwithin fifteen (15) days of receipt ofthe notice form.accordance with [Section 301.D.1 ofthis Part] Paragraph 1 of SubsectionD of 20.2.72.301 NMAC, the owneror operator shall complete theappropriate forms provided by theDepartment and maintain suchrecords on file for at least two (2)years;[3.](3)For all other portablesources, including but not limited torock crushers and asphalt plants:[a.](a)The owner oroperator shall notify the Department,on the form provided by theDepartment, at leastfifteen (15) daysprior to beginning installation at thenew location;[b.](b)Operation at a newlocation of such source shall notcommence until the Department hasapproved the relocation in writing;[c.](c)The Departmentshall not approve the relocation if itwould result in exceedances of anyNational or New Mexico AmbientAir Quality Standard at the newlocation; and[d.](d)The Departmentshall approve, deny, or approve withconditions, the relocation requestwithin fifteen (15) days of receipt ofthe notice form.74Section 202 currently describes the permit revision requirements and the revisionprocess. However, revisions to this sectionsthatare currently under review update the contentsof Section 202. The revised section includes a list of permit exemptions that areapplicable to Part 72. The provisions related to Permit Revisions were moved to a new section, Section 219, as part of therevisions to Part 72.Revisions to this section were included in the following SIP submittal(s): May 19, 1998, and April 11, 2002.The first set of revisions toSection 202 contained in the May 19, 1998 submittalincludes the updating of the contents of thesection to contain exemptions from the permitting requirements contained in Part 72. The added exemptions are separated intotwo lists found in Paragraphs A and B.Paragraph A is a list of emission sources that are exemptfrom permitting and do not need to be reported in permitapplications. In addition, the owner or operator is not required to obtain a permit or permit revision beforeconstructing, modifying, or operating these sources. New Mexico provided information as part of the supportingdocumentation to justify their decisionto include the specific emission sourcesas exemptions under Paragraph A ofthis section. Our reviewof this supporting documentation is included in Section III.E of this TSD.Paragraph B contains a second list of emission sources that qualify for exemptions from a portion of the permittingrequirements contained in Part 72. Theseemission sources, both new and modified, do not have to be included in thefacility-wide potential to emit rates butmust be reported in an applicant’s permit application. If an existing facilityadds or modifies one of the listed sources, the facility must request an Administrative permit revision. The tieredpermit revisions, including the Administrative revisions, do not exist in the current SIP-approved Part 72 provisions.However, the tiered permit revisions wereadded as part of the proposed revisionsto Part 72 and are discussed in moredetail later in this document. New Mexico provided information as part of the supportingdocumentation to justify theirdecision to include the specific emission sources as exemptions under Paragraph B of this section. Our review of thissupporting documentation along with our review of the exemptions list in Paragraph A is included in Section III.E ofthis TSD.The first set of revisions made to Section 202 in May 1998, also includes revisions tothe provisions related to the relocationofpermitted portable sources. These revisions included the addition of clarifying language regarding the requirements applicantsmust meet to relocate a permitted portable source without obtaining a permit revision. These revisions also added additionalrecordkeeping and notification requirements for portable source relocations.The second set of revisions to Section202 contained in the May 19, 1998 submittal includes the addition of a new paragraph,Paragraph C. This new paragraph specifiesthe conditions under which a source thatis subject to NSPS and NESHAP standardswould not be required to obtain a construction permit solely because of the applicability of NSPS or NESHAP requirements.75These sources would be required to obtain a permit if it was determined they were subject to permitting as a result of otherapplicability determinations contained in Section 202 of Part 72, but not only onthe basis of the applicability NSPS and NESHAPrequirements. New Mexico has excluded some subparts of NSPS and NESHAP subparts fromthis permitting exemption (NSPSSubparts I and OOO and NESHAP Subparts C and D). This exemption is for Part 72 permitting requirements only. The sourceswould still be required to meet all other applicable state and federal requirements, including the NSPS and/or NESHAPrequirements.The April 11, 2002 revisions to Section 202 include formatting changes to the section title, references to other NMAC provisions,and list numbering. The formatting changes were a result of Part72 being reformatted to be consistent with other formattingupdates found in the NMAC.These revisions to Section 202 do substantively change the NewMexico construction permitting provisions, specifically relatedtothe addition of permit exemptions under Part 72. Based on our review as discussed above and inSection III.E of this TSD, theserevisions, as compared with the current NewMexico SIP, do not affect the ability ofthe provisions to meet federal requirementsfor SIP-approved permitting plans.Table C.XIII: Revisions to Section 203 – Contents of ApplicationsCurrent SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal April 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions)(02/02/2001 State Revisions)203. CONTENTS OFAPPLICATIONS:No Change No Change [203. ] 20.2.72.203CONTENTS OFAPPLICATIONS:A. The requirements of this Sectionmay be modified by the Department,as appropriate, for emergencypermits processed under Section 215.Any person seeking a permit underSection 200.A of this Part shall do soby filing a written application withthe Department. The applicant shallsubmit at least five (5) copies of thepermit application. All applicationsshall, as required by the Department:1. Be made on formsfurnished by the Department;2. State the applicant's nameand address, together with the namesNo Change A. Any person seeking a permitunder Section 200.A of this Part shalldo so by filing a written applicationwith the Department. The applicantshall submit the number of copies ofthe permit application specified inthe applicable application form.The[requirements] itemsof this Section,if requested on the applicableapplication form, are required beforethe Department may deem anapplication administrativelycomplete. The itemsmay bemodified by the Department, asappropriate, for emergency permitsA. Any person seeking a permitunder [Section 200.A of this Part]Subsection A of 20.2.72.200 NMACshall do so by filing a writtenapplication with the Department.The applicant shall submit thenumber of copies of the permitapplication specified in theapplicable application form. Theitems of this Section, if requested onthe applicable application form, arerequired before the Department maydeem an application administrativelycomplete. The items may bemodified by the Department, as76Current SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal April 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions)(02/02/2001 State Revisions)and addresses of all owners oroperators of the source, and theapplicant's state of incorporation orprincipal registration to do business;3. State the date of theapplication;4. Provide all information,including all calculations andcomputations, to describe the specificchemical and physical nature and toestimate the maximum quantities ofany regulated air contaminants thesource will emit after construction,modification or installation iscompleted, through routineoperations, and all information,including all calculations andcomputations reasonably necessaryto estimate maximum potentialemissions during malfunction,startup, shutdown. With respect toatoxic air pollutant as defined bySection 401.H this requirement onlyapplies when the toxic air pollutant isemitted in such a manner that apermit is required under theprovisions of Subpart IV;5. Demonstrate throughsubmission of US EPA approvedmodeling or analysis, including allpertinent calculations andcomputations, that emissions fromroutine operations will not violateany NSPS, NESHAP, regulationadopted by the board under the Airprocessed under Section 215 of thisPart. [Any person seeking a permitunder Section 200.A of this Part shalldo so byfiling a written applicationwith theDepartment.The applicantshall submit at least five (5) copies ofthe permit application.] Allapplications shall, as required by theDepartment:1. Be [made] filled outon the[forms] form(s)furnished by theDepartment;2. State the applicant's nameand address, together with the namesand addresses of all owners oroperators of the source, and theapplicant's state of incorporation orprincipal registration to do business;[3.State the date of theapplication;][4]3. Provide all information,including all calculations andcomputations, to describe the specificchemical and physical nature and toestimate the maximum quantities ofany regulated air contaminants thesource will emit through routineoperationsafter construction,modification or installation iscompleted[, through routineoperations, and all information,including all calculations andcomputations reasonably necessaryto] andestimate maximum potentialemissions during malfunction,appropriate, for emergency permitsprocessed under [Section 215 of thisPart] 20.2.72.215 NMAC. Allapplications shall, as required by theDepartment:[1.](1)Be filled out on theform(s) furnished by the Department;[2.](2)State the applicant'sname and address, together with thenames and addresses of all owners oroperators of the source, and theapplicant's state of incorporation orprincipal registration to do business;[3.](3)Provide allinformation, including allcalculations and computations, todescribe the specific chemical andphysical nature and to estimate themaximum quantities of any regulatedair contaminants the source will emitthrough routine operations afterconstruction, modification orinstallation is completed and estimatemaximum potential emissions duringmalfunction, startup, shutdown.With respect to a toxic air pollutantas defined by [Section 401.H]Subsection H of 20.2.72.401 NMACthis requirement only applies whenthe toxic air pollutant is emitted insuch a manner that a permit isrequired under the provisions of[Subpart IV] 20.2.72.400 NMAC -20.2.72.499 NMAC;[4.](4)Contain a regulatory77Current SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal April 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions)(02/02/2001 State Revisions)Quality Control Act, any NewMexico or National Ambient AirQuality Standard, or prevention ofsignificant deterioration increment;6. Provide a preliminaryoperational plan defining themeasures to be taken to mitigatesource emissions during malfunction,startup or shutdown;7. Be accompanied by:a. A map, such as the 7.5minute Topographic Quadrangle mappublished by the United StatesGeological Survey or the mostdetailed map available showing theexact location of the proposedconstruction, modification orinstallation of the source;b. A process flow sheet,including a material balance, of allcomponents of the facility whichwould be involved in routineoperations and emissions;c. A full description,including all calculations and thebasis for all control efficienciespresented, of the equipment to beused for air pollution control,including a process flow sheet, or, ifthe Department so requires layoutand assembly drawings;d. A description of theequipment or methods proposed bythe applicant to be used for emissionmeasurement; andstartup, shutdown. With respect to atoxic air pollutant as defined bySection 401.H this requirement onlyapplies when the toxic air pollutant isemitted in such a manner that apermit is required under theprovisions of Subpart IV;[5]4. Contain a regulatorycompliance discussion demonstratingcompliance with each applicable airquality regulation, ambient airquality standard, prevention ofsignificant deterioration increment,and provisions of Subpart IV of thisPart. This discussion must includean analysis, which may require use ofUS EPA-approved air dispersionmodel(s), to (1)demonstrate [throughsubmission of US EPA approvedmodeling or analysis, including allpertinent calculations andcomputations,] that emissions fromroutine operations will not violateany [NSPS, NESHAP, regulationadopted by the board under the AirQuality Control Act, any] NewMexico or National Ambient AirQuality Standard[,] or prevention ofsignificant deterioration increment,and (2) if required by Subpart IV ofthis Part, estimate ambientconcentrations of toxic air pollutants;[6]5. Provide a preliminaryoperational plan defining themeasures to be taken to mitigatecompliance discussion demonstratingcompliance with each applicable airquality regulation, ambient airquality standard, prevention ofsignificant deterioration increment,and provisions of [Subpart IV of thisPart] 20.2.72.400 NMAC -20.2.72.499 NMAC. This discussionmust include an analysis, which mayrequire use of US EPA-approved airdispersion model(s), to (1)demonstrate that emissions fromroutine operations will not violateany New Mexico or NationalAmbient Air Quality Standard orprevention of significantdeterioration increment, and (2) ifrequired by [Subpart IV of this Part]20.2.72.400 NMAC - 20.2.72.499NMAC, estimate ambientconcentrations of toxic air pollutants;[5.](5)Provide a preliminaryoperational plan defining themeasures to be taken to mitigatesource emissions during malfunction,startup or shutdown;[6.](6)Include a topographicalmap, at least as detailed as the 7.5minute Topographic Quadrangle mappublished by the United StatesGeological Survey, showing theexact location and geographicalcoordinates of the proposedconstruction, modification orinstallation of the source;78Current SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal April 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions)(02/02/2001 State Revisions)8. State the maximum andstandard operating schedules of thesource after completion ofconstruction, modification orinstallation or after permit revision interms of which and how many hoursper day, days per week, days permonth and days per year;9. Contain such other relevantinformation as the Department mayreasonably require; and10. Be signed under oath oraffirmation by the operator, theowner or an authorizedrepresentative, certifying, to the bestof his or her knowledge the truth of,all information in the application andaddenda, if any.source emissions during malfunction,startup or shutdown;[7]6. [Be accompanied by:a.] includea topographicalmap, [such] at least as detailedas the7.5 minute Topographic Quadranglemap published by the United StatesGeological Survey [or the mostdetailed map available],showing theexact location and geographicalcoordinatesof the proposedconstruction, modification orinstallation of the source;[b]7. Includea process flowsheet, including a material balance,and a site diagramof all componentsand locations of emissions to theatmosphereof the facility whichwould be involved in routineoperations and emissions;[c]8. Includea fulldescription, including all calculationsof controlled and uncontrolledemissionsand the basis for all controlefficiencies presented, of theequipment to be used for air pollutioncontrol, including a process flowsheet, or, if the Department sorequires layout and assemblydrawings;[d]9. Includea description ofthe equipment or methods proposedby the applicant to be used foremission measurement; [and][8]10.State the maximum[7.](7)Include a process flowsheet, including a material balance,and a site diagram of all componentsand locations of emissions to theatmosphere of the facility whichwould be involved in routineoperations and emissions;[8.](8)Include a fulldescription, including all calculationsof controlled and uncontrolledemissions and the basis for all controlefficiencies presented, of theequipment to be used for air pollutioncontrol, including a process flowsheet, or, if the Department sorequires layout and assemblydrawings;[9.](9)Include a description ofthe equipment or methods proposedby the applicant to be used foremission measurement;[10.](10)State the maximumand standard operating schedules ofthe source after completion ofconstruction, modification orinstallation or after permit revision interms of which and how many hoursper day, days per week, days permonth and days per year;[11.](11)Contain such otherspecifically relevant information asthe Department may reasonablyrequire;[12.](12)Be notarized andsigned under oath or affirmation by79Current SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal April 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions)(02/02/2001 State Revisions)and standard operating schedules ofthe source after completion ofconstruction, modification orinstallation or after permit revision interms of which and how many hoursper day, days per week, days permonth and days per year;[9]11.Contain such otherspecificallyrelevant information asthe Department may reasonablyrequire; [and][10]12.Be notarized andsigned under oath or affirmation bythe operator, the owner or anauthorized representative, certifying,to the best of his or her knowledge,the truth of all information in theapplication and addenda, if any[.];13. Contain payment of anyfees which are specified in Part 75 –Construction Permit Feesas payableat the time the application issubmitted; and14. Contain documentary proofof applicant’s public notice, ifapplicable, as specified in Section203.B of this Part.the operator, the owner or anauthorized representative, certifying,to the best of his or her knowledge,the truth of all information in theapplication and addenda, if any;[13.](13)Contain payment ofany fees which are specified in [Part75–]20.2.75 NMAC (ConstructionPermit Fees)as payable at the timethe application is submitted; and[14.](14)Contain documentaryproof of applicant’s public notice, ifapplicable, as specified in [Section203.B of this Part] Subsection B of20.2.72.203 NMAC.B. In addition to requirements inSection 203.A, eachapplication filedwith the Department for a permitshall include documentary proof thatthe applicant has provided notice ofthe filing of the application to thepublic and other affected individualsand entities. The notice shall be:B. In addition to requirements inSection 203.A, eachapplication filedwith the Department for a permit ortechnical or significant permitrevisionshall include documentaryproof that the applicant has providednotice of the filing of the applicationto the public and other affectedB. The applicant’s public notice fortechnical permit revisions shall bespecified in Section 219.B.6 of thisPart.[In addition to requirements inSection 203.A, eachapplication filedwith the Department for a permit ortechnical or significant permitrevision shall include documentaryB. The applicant’s public notice fortechnical permit revisions shall bespecified in [Section 219.B.6 of thisPart] Paragraph 6 of Subsection B of20.2.72.219 NMAC. The applicant’spublic notice for a permit orsignificant permit revision shall be:[1.](1)Provided by certified80Current SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal April 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions)(02/02/2001 State Revisions)1. Provided by certified mail,to the owners of record, as shown inthe most recent property taxschedule, of all properties;a. Within one hundred(100) feet of the property on whichthe facility is located or proposed tobe located if the facility is or isproposed to be located in a Class Aor Class H county or a municipalitywith a population of more than twothousand five hundred (2500)persons; orb. Within one-half (1/2)mile of the property on which thefacility is located or proposed to belocated if the facility is or will be in acounty or municipality other thanthose specified in subparagraph a ofthis subsection; and2. Provided by certified mailto all municipalities and counties inwhich the facility is or will belocated and to all municipalities andcounties within a ten (10) mile radiusof the property on which the facilityis proposed to be constructed oroperated;3. Published once in anewspaper of general circulation ineach county in which the property onwhich the facility is proposed to beconstructed or operated is located.This notice shall appear in either theclassified or legal advertisementsindividuals and entities. The noticeshall be:1. Provided by certified mail,to the owners of record, as shown inthe most recent property taxschedule, of all properties;a. Within one hundred(100) feet of the property on whichthe facility is located or proposed tobe located if the facility is or isproposed to be located in a Class Aor Class H county or a municipalitywith a population of more than twothousand five hundred (2500)persons; orb. Within one-half (1/2)mile of the property on which thefacility is located or isproposed to belocated if the facility is or will be in acounty or municipality other thanthose specified in subparagraph203.B.1.a of this subsection; and2. Provided by certified mailto all municipalities and counties inwhich the facility is or will belocated and to all municipalities,Indian tribes,and counties within aten (10) mile radius of the propertyon which the facility is proposed tobe constructed or operated;3. Published once in anewspaper of general circulation ineach county in which the property onwhich the facility is proposed to beconstructed or operated is located.proof that the applicant has providednotice of the filing of the applicationto the public and other affectedindividuals and entities.] Theapplicant’s publicnotice for a permitor significant permit revisionshallbe:1. Provided by certified mail,to the owners of record, as shown inthe most recent property taxschedule, of all properties;a. Within one hundred(100) feet of the property on whichthe facility is located or proposed tobe located if the facility is or isproposed to be located in a Class Aor Class H county or a municipalitywith a population of more than twothousand five hundred (2500)persons; orb. Within one-half (1/2)mile of the property on which thefacility is located or is proposed to belocated if the facility is or will be in acounty or municipality other thanthose specified in subparagraph203.B.1.a of this subsection; and2. Provided by certified mailto all municipalities and counties inwhich the facility is or will belocated and to all municipalities,Indian tribes, and counties within aten (10) mile radius of the propertyon which the facility is proposed tobe constructed or operated;mail, to the owners of record, asshown in the most recent property taxschedule, of all properties;[a.](a)Within one hundred(100) feet of the property on whichthe facility is located or proposed tobe located if the facility is or isproposed to be located in a Class Aor Class H county or a municipalitywith a population of more than twothousand five hundred (2500)persons; or[b.](b)Within one-half(1/2) mile of the property on whichthe facility is located or is proposedto be located if the facility is or willbe in a county or municipality otherthan those specified in [subparagraph203.B.1.a of this subsection] Subparagraph (a) of Paragraph 1 ofSubsection B of 20.2.72.203 NMAC;and[2.](2)Provided by certifiedmail to all municipalities andcounties in which the facility is orwill be located and to allmunicipalities, Indian tribes, andcounties within a ten (10) mile radiusof the property on which the facilityis proposed to be constructed oroperated;[3.](3)Published once in anewspaper of general circulation ineach county in which the property onwhich the facility is proposed to be81Current SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal April 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions)(02/02/2001 State Revisions)section of the newspaper and at oneother place in the newspapercalculated to give the general publicthe most effective notice and, whenappropriate, shall be printed in bothEnglish and Spanish;4. Posted in at least four (4)publicly accessible and conspicuousplaces, including the proposed orexisting facility entrance on theproperty on which the facility is, or isproposed to be located; and5. Provided in a publicservice announcement to at least oneradio or television station whichserves the municipality or county inwhich the source is or is proposed tobe located.This notice shall appear in either theclassified or legal advertisementssection of the newspaper and at oneother place in the newspapercalculated to give the general publicthe most effective notice and, whenappropriate, shall be printed in bothEnglish and Spanish;4. Posted,in at least four (4)publicly accessible and conspicuousplaces, including;a.The proposed or existingfacility entrance on the property onwhich the facility is, or is proposed tobe located, until the permit orsignificant permit revision is issuedor denied; andb. Three (3) locationscommonly frequented by the generalpublic, such as a nearby post office,public library, or city hall; and5. [Provided in] Submitted asa public service announcement to atleast one radio or television stationwhich serves the municipality orcounty in which the source is or isproposed to be located.3. Published once in anewspaper of general circulation ineach county in which the property onwhich the facility is proposed to beconstructed or operated is located.This notice shall appear in either theclassified or legal advertisementssection of the newspaper and at oneother place in the newspapercalculated to give the general publicthe most effective notice and, whenappropriate, shall be printed in bothEnglish and Spanish;4. Posted, in at least four (4)publicly accessible and conspicuousplaces, including;a. The proposed or existingfacility entrance on the property onwhich the facility is, or is proposed tobe located, until the permit orsignificant permit revision is issuedor denied; andb. Three (3) locationscommonly frequented by the generalpublic, such as a nearby post office,public library or city hall; and5. Submitted as a publicservice announcement to at least oneradio or television station whichserves the municipality or county inwhich the source is or is proposed tobe located.constructed or operated is located.This notice shall appear in either theclassified or legal advertisementssection of the newspaper and at oneother place in the newspapercalculated to give the general publicthe most effective notice and, whenappropriate, shall be printed in bothEnglish and Spanish;[4.](4)Posted, in at least four(4) publicly accessible andconspicuous places, including;[a.](a). The proposed orexisting facility entrance on theproperty on which the facility is, or isproposed to be located, until thepermit or significant permit revisionis issued or denied; and[b.](b)Three (3) locationscommonly frequented by the generalpublic, such as a nearby post office,public library or city hall; and[5.](5)Submitted as a publicservice announcement to at least oneradio or television station whichserves the municipality or county inwhich the source is or is proposed tobe located.C. The notice specified in Section203.B shall contain the following:1. The applicant's name andC. The notice specified in Section203.B.1 through 4shall contain thefollowing:No Change C. The notice specified in [Section203.B.1 through 4] Paragraphs 1through 4 of Subsection B of82Current SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal April 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions)(02/02/2001 State Revisions)address, together with the names andaddresses of all owners or operatorsof the facility or proposed facility;2. The date of applicationsubmittal;3. The exact location offacility or proposed facility;4. A description of theprocess for which a permit is soughtincluding an estimate of themaximum quantities of any regulatedair contaminant the source will emitafter proposed construction iscomplete or permit is issued;5. The maximum andstandard operating schedules of thefacility after completion of proposedconstruction or permit issuance; and6. The current address of theDepartment to which comments andinquiries may be directed.1. The applicant's name andaddress, together with the names andaddresses of all owners or operatorsof the facility or proposed facility;2. The actual or estimateddate that the application was or willbe submitted to the Department[Thedate of application submittal];3. The exact location offacility or proposed facility;4. A description of theprocess or changefor which a permitis sought,including an estimate ofthe maximum quantities of anyregulated air contaminant the sourcewill emit after proposed constructionis complete or permit is issued;5. The maximum andstandard operating schedules of thefacility after completion of proposedconstruction or permit issuance; and6. The current address of theDepartment to which comments andinquiries may be directed.20.2.72.203 NMACshall contain thefollowing:[1.](1)The applicant's nameand address, together with the namesand addresses of all owners oroperators of the facility or proposedfacility;[2.](2)The actual or estimateddate that the application was or willbe submitted to the Department;[3.](3)The exact location offacility or proposed facility;[4.](4)A description of theprocess or change for which a permitis sought, including an estimate ofthe maximum quantities of anyregulated air contaminant the sourcewill emit after proposed constructionis complete or permit is issued;[5.](5)The maximum andstandard operating schedules of thefacility after completion of proposedconstruction or permit issuance; and[6.](6)The current address ofthe Department to which commentsand inquiries may be directed.NOT IN SIPD. The public service announcementrequest specified in Section 203.B.5shall contain the followinginformation about the facility orproposed facility:1. The name, location, andtype of business;2. The name of the principalowner or operator;No Change D. The public service announcementrequest specified in [Section 203.B.5]Paragraph 5 of Subsection B of20.2.72.203 NMACshall contain thefollowing information about thefacility or proposed facility:[1.](1)The name, location, andtype of business;[2.](2)The name of the83Current SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal April 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions)(02/02/2001 State Revisions)3. The type of process orchange for which a permit is sought;4. Locations where the noticesrequired under Section 203.B.4 havebeen posted; and5. The address or telephonenumber at which comments andinquires may be directed to theDepartment.principal owner or operator;[3.](3)The type of process orchange for which a permit is sought;[4.](4)Locations where thenotices required under [Section203.B.4] Paragraph 4 of SubsectionB of 20.2.72.203 NMAChave beenposted; and[5.](5)The address ortelephone number at whichcomments and inquires may bedirected to the Department.NOT IN SIPNOT IN SIPE. Changing, Supplementing orCorrecting Applications1. Prior to a final decision onan application, the applicant shallhave a duty to promptly supplementand correct information submitted inthe application. The duty tosupplement shall include relevantinformation thereafter acquired orotherwise determined to be relevant.2. If, while processing anapplication, regardless of whether ithas been determined to beadministratively complete, theDepartment determines thatadditional information is necessary toevaluate or take final action on thatapplication, it may request suchinformation. The request shall be inwriting, identify the additionalinformation requested and the needfor the additional information, andset a reasonable deadline for aE. Changing, Supplementing orCorrecting Applications[1.](1)Prior to a final decisionon an application, the applicant shallhave a duty to promptly supplementand correct information submitted inthe application. The duty tosupplement shall include relevantinformation thereafter acquired orotherwise determined to be relevant.[2.](2)If, while processing anapplication, regardless of whether ithas been determined to beadministratively complete, theDepartment determines thatadditional information is necessary toevaluate or take final action on thatapplication, it may request suchinformation. The request shall be inwriting, identify the additionalinformation requested and the needfor the additional information, andset a reasonable deadline for a84Current SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal April 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions)(02/02/2001 State Revisions)response. The applicant shall submitthe requested information in writingon or before the deadline set by theDepartment.response. The applicant shall submitthe requested information in writingon or before the deadline set by theDepartment.Section 203 specifies the required contents for permit applications submitted under Part 72 – Construction Permits.Revisions to this section were included in the following SIP submittal(s): May 29, 1998, and April 11, 2002.The May 29, 1998 revisions to Section 203 include the addition of language to reflect the tiered permit revision approach thatwasadopted into Section 219 of the revised state regulations. The specific updates tothe Permit Revisions provisions are discussedlater in this document. The May 29, 1998 revisions also include the addition of newrequirements relatedto public notice forpermits and permit revisions and add clarifying language that specifies what information should be included in an applicant’srequired public service announcement.The first set of revisions toSection 203 contained in the April 11, 2002 submittal include the addition of clarifying languageandrestructuring of sentences within Paragraph A, which lists the required permit application elements. These revisions do not resultin substantive changes tothe provisions contained in this paragraph. Revisions to Paragraph A of Section 203 also include theincorporation of new provisions that require that the permit application be notarized and include the applicable fee payment andproof of the applicant’s publicnotice. The first set of revisions contained in the April 11, 2002 submittal also revises Paragraph B.The pre-revisions regulations have the same public notice requirements for bothTechnical and Significant permit revisions. Therevisions to Paragraph B resultin the existing public noticerequirements applying to only Significant permit revisions, withpublicnotice requirements for Technical permit revisions being addressed viarevisions to Section 219.A summary of the changesrelating to Section 219 will be addressed later in this document. New Mexico hasproposed different public notice requirementsfor the different levels of permit revisions based on these tiershaving varying degrees of permit revisions. Our more detailedreview of New Mexico’s proposed tiered permit revision approach,along with the revisions to public notice requirements resultingfrom the tiered revision approach, is found in Section III.E of this TSD. Finally, the first set of revisions contained in theApril 11,2002 submittal includes the addition of a new paragraph under Section 203, Paragraph E. This new paragraph states therequirement for applicants to update, supplement, or correct information in the permit application, asnecessary during thepermitting process. This requirement helps to ensure that eachissued permit is based on the most accurate facility information.85The second set of revisions to Section 203contained in the April 11, 2002 submittal include formatting changes to the sectiontitle,references to other NMAC provisions, andlist numbering. The formatting changes werea result of Part 72 being reformatted tobe consistent with other formatting updates found in the NMAC.These revisions to Section 203 include updatesto be consistent with updates made inother sections of Part 72, specifically thoseparts related to the tiered permit revisionsand public notice requirements. As previously stated, our review of these revisions anda comparison with the current SIP-approved Part 72 provisions iscontained in Section III.E of this TSD. The other unrelatedrevisions to Section 203 provideclarification regarding the existing permit application contentrequirements, as well as, requiringadditional information to be included in the applicant and to beupdated by the applicant, as necessary. Based on our review asdiscussed above and in Section III.E of this TSD, these revisions, as compared with the current New Mexico SIP, do not affect theability of the provisions to meet federal requirements for SIP-approved permitting plans.Table C.XIV: Revisions to Section 204– Confidential Information ProtectionCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)204. CONFIDENTIAL INFORMATION PROTECTION: Allconfidentiality claims made regarding material submitted to the Departmentunder this Part shall be reviewed under the provisions of Part 1 - GeneralProvisions.[204.] 20.2.72.204CONFIDENTIAL INFORMATION PROTECTION:All confidentiality claims made regarding material submitted to theDepartment under this Part shall be reviewed under the provisions of [Part 1-] 20.2.1 NMAC (General Provisions).Section 204 specifies the provisions governing the review ofconfidentiality claims regarding material submitted to NMED underPart 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 204 include formatting changes to the section title and toreferences to other NMACprovisions. The formatting changes were aresult of Part 72 being reformatted to beconsistent with other formatting updatesfound in the NMAC.These revisions to Section 204 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.XV: Revisions to Section 205 – Construction, Modification and Permit Revision in Bernalillo CountyCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)205. CONSTRUCTION, MODIFICATION AND PERMIT REVISION INBERNALILLO COUNTY: For the construction or modifications of sources[205.] 20.2.72.205CONSTRUCTION, MODIFICATION AND PERMITREVISION IN BERNALILLO COUNTY: For the construction or86Current SIP-approved LanguageApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)within Bernalillo County, the applicant shall make such applications to the airquality control staff of the joint Albuquerque-Bernalillo County Air QualityControl Board, unless that board loses, rejects or fails to exercise authority forthe administration and enforcement of the Air Quality Control Act, at whichtime this Part shall apply in full in Bernalillo County.modifications of sources within Bernalillo County, the applicant shall makesuch applications to the air quality control staff of the joint AlbuquerqueBernalillo County Air Quality Control Board, unless that board loses, rejectsor fails to exercise authority for the administration and enforcement of the AirQuality Control Act, at which time this Part shall apply in full in BernalilloCounty.Section 205 addresses where applicants should submit permit applications for construction and modification of sources withinBernalillo County.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 205 include formatting changes to the section title. The formatting changes were a resultof Part 72 being reformatted to be consistentwith other formatting updates found in the NMAC.These revisions to Section 205 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.XVI: Revisions to Section206 – Public Notice and ParticipationCurrent SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(01/07/1998State Revisions)(02/02/2001 State Revisions)206. PUBLIC NOTICE AND PARTICIPATION: No Change[206.] 20.2.72.206PUBLIC NOTICE ANDPARTICIPATION:A. The Department shall:1. Make available for public inspection alist of all pending applications for permits orpermit revisions;2. Make available for public inspection thepermit application and the Department'spreliminary determination. This material shall beavailable both at the Department's central officeand the responsible districtor field office nearestto the proposed source. Copies of any permitapplication, except those portions of which may bedetermined as confidential in accordance with Part1 - General Provisions, will be supplied uponwritten request and payment of reasonable costs;A. The Department shall:1. Make available for public inspection alist of all pending applications for permits orpermit revisions;2. Make available for public inspection thepermit application and the Department'spreliminary determination. This material shall beavailable both at the Department's central officeand the [responsible] district or field office nearestto the proposed source. Copies of any permitapplication, except those portions of which may bedetermined as confidential in accordance with Part1 - General Provisions, will be supplied uponwritten request and payment of reasonable costs;A. The Department shall:[1.](1)Make available for public inspectiona list of all pending applications for permits orpermit revisions;[2.](2)Make available for public inspectionthe permit application and the Department'spreliminary determination. This material shall beavailable both at the Department's central officeand the district or field office nearest to theproposed source. Copies of any permitapplication, except those portions of which may bedetermined as confidential in accordance with[Part 1-] 20.2.1 NMAC (General Provisions), willbe supplied upon written request and payment of87Current SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(01/07/1998State Revisions)(02/02/2001 State Revisions)3. Subsequent to the availability for publicreview of the permit application and preliminarydetermination, publish a public notice in anewspaper of general circulation in the area closestto the location of the source. The notice shallinclude: the applicant's name and address, thelocation and brief description of the source, asummary of estimated emissions and ambientimpact, and the Department's preliminary intent togrant or deny the permit. The notice shall identifythe location of the permit application andpreliminary determination for public review anddescribe the manner in which comments orevidence may be submitted to the Department;4. Allow all interested persons forty-fivedays from the date the public notice is published tosubmit written comments or evidence on thepreliminary determination and application and torequest a public hearing;5. Mail written notice of the action takenon a permit application to those persons whosubmitted written comments or evidence on theapplication;6. Mail a copy of the public notice at thesame time it is sent for publication to theappropriate agency in thefollowing locations if thesource will locate within fifty kilometers of theboundary of other states, Bernalillo County, or aClass I area. A copy of all public notices shall besent to US EPA Region VI.3. Subsequent to the availability for publicreview of the permit application and preliminarydetermination, publish a public notice in anewspaper of general circulation in the area closestto the location of the source. The notice shallinclude: the applicant's name and address, thelocation and brief description of the source, asummary of estimated emissions and ambientimpact, and the Department's preliminary intent togrant or deny the permit. The notice shall identifythe location of the permit application andpreliminary determination for public review anddescribe the manner in which comments orevidence may be submitted to the Department;4. Allow all interested persons forty-five(45)days from the date the public notice ispublished to submit written comments or evidenceon the preliminary determination and applicationand to request a public hearing;5. Mail written notice of the action takenon a permit application to those persons whosubmitted written comments or evidence on theapplication;6. Mail a copy of the public notice at thesame time it is sent for publication to theappropriate agency in thefollowing locations if thesource will locate within fifty kilometers of theboundary of other states, Bernalillo County, or aClass I area. A copy of all public notices shall besent to US EPA Region VI.reasonable costs;[3.](3)Subsequent to [the availability forpublic review of the permit application andpreliminary] an affirmative administrativecompletenessdetermination, publish a publicnotice in a newspaper of general circulation in thearea closest to the location of the source. Thenotice shall include: the applicant's name andaddress, the location and brief description of thesource, a summary of estimated emissions andambient impact, and the Department's preliminaryintent to [grant or deny] issuethe permit if theconstruction or modification requested in theapplication will comply with air qualityrequirements, including ambient standards. Thenotice shall identify the location of the permitapplication and [preliminary determination]Department’s Analysis (when available)for publicreview and describe the manner in whichcomments or evidence may be submitted to theDepartment, including that persons must informthe Department in writing of their interest in thepermit application in order to have a 30 day periodto review and comment on the analysis underSubsection B of 20.2.72.206 NMAC below. Thenotice shall clearly state that any person who doesnot express such interest in writing prior to the endof the initial 30 day comment period will notreceive notification ofthe availability of theanalysis and thus forewarn such person of the needto express interest in writing if they desire toreview and comment on the analysis;(4) Provide the notice under Paragraph 3 ofSubsection A of 20.2.72.206 NMAC above bymail, which may include electronic mail, to all88Current SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(01/07/1998State Revisions)(02/02/2001 State Revisions)individuals and organizations indentified on a listmaintained by the Department of those who haveindicated in writing a desireto receive notices ofall applications under this Part;[4.](5)Allow all interested persons [fortyfive (45)] thirty (30)days from the date the publicnotice is published to [submit written comments orevidence on the preliminary determination andapplication and to request a public hearing]express an interest in writing in the permitapplication;[5.](6)Mail written notice of the actiontaken on a permit application to any person who[submitted written comments or evidence on]expresses an interest in writing inthe application;[6.](7)Mail a copy of the public notice atthe same time it is sent for publication to theappropriate agency in thefollowing locations if thesource will locate within fifty kilometers of theboundary of other states, Bernalillo County, or aClass I area. [A copy] Copiesof all public noticesshall be sent to US EPA Region VI, if requested byUS EPA.B. In the event that any person expresses aninterest in writing in the permit application, theDepartment shall also:(1) Notify each person who expressed aninterest in writing in the permit application of thedate and the location that the Department’sAnalysis was or will be available for review; and(2) Not issue the permit until at least thirty(30) days after the Department’s Analysis isavailable for review. During this thirty (30) dayperiod, any person may submit written publiccomments or request a public hearing.89Current SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(01/07/1998State Revisions)(02/02/2001 State Revisions)B. The Department shall hold a public hearing ifthe Secretary determines that there is a significantpublic interest. Public hearings shall be held in thegeographic area likely to be impacted by thesource. The time, date, and place of the hearingshall be determined by the Department. TheDepartment shall give notice of the hearing to theapplicant and the public. The Secretary mayappoint a hearing officer.A transcript of thehearing shall be made at the request of either theDepartment or the applicant and at the expense ofthe person requesting the transcript. At thehearing, all interested persons shall be given areasonable chance to submit data, views orarguments orally or in writing and to examinewitnesses testifying at the hearing.No Change [B]C. The Department shall hold a public hearingif the Secretary determines that there is asignificant public interest. Public hearings shall beheld in the geographic area likely to be impactedby the source. The time, date, and place of thehearing shall be determined by the Department.The Department shall give notice of the hearing tothe applicant and the public. The Secretary mayappoint a hearing officer.A transcript of thehearing shall be made at the request of either theDepartment or the applicant and at the expense ofthe person requesting the transcript. At thehearing, all interested persons shall be given areasonable chance to submit data, views orarguments orally or in writing and to examinewitnesses testifying at the hearing.Section 206 specifies the public notice andparticipation requirements to be met byNMED under Part 72 – Construction Permits.Revisions to this section were included in the following SIP submittal(s): May 29, 1998, and April 11, 2002.The May 29, 1998 revisions to Section 206 include the removal of adescriptive term in one of the provisions contained in thesection that New Mexico determined to beunnecessary and because of some confusion regarding the meaning of the term itself inthe context of the public notice provisions.The April 11, 2002 revisions to Section 206 include formatting changes to the section title, toreferences to other NMACprovisions, and to list numbering. The formatting changes were a result of Part 72 being reformatted to be consistent with otherformatting updates found in the NMAC. The April 11, 2002 revisions also revise the publicnotice procedures to be implementedby NMED. Most notably the public notice procedures are revised to a two-step process, whereas the existing public noticeprocedure was a one-step public process, with a 45-day publiccomment period. During the first step, NMED will publish noticeof the permit application and their preliminary determination, after which the public has 30 days to express written interest in thepermit application. If the public expresses interest during the first30-day comment period, NMED is required to make theiranalysis available for public review and comment and notify interested parties of thelocation of the Department’s analysis. Asecond 30-day comment period is also triggered by the second step during which the public cansubmit comments on the analysisand/or request a public hearing..If NMED does not receive any written expressions of interest aspart of the first 30-day comment90period, the Department will take action on the permit without triggering a second 30-day comment period. As previouslymentioned, the current SIP-approved publicnotice provisions provide 45-day public notices. While the proposed public noticeperiod is of reduced length, the 30-day public notice meets the length requirements contained in 40 CFR 51.161. In addition, NewMexico presented information in the supporting documentation included in the April 11, 2002 SIP submittal that stated that themajority of comments received on construction permit decisions are submitted within thefirst 15 days of the public notice period.A more detailed discussion of our reviewof the revised public notice requirementsapplicable to both NMED and the permitapplicant are found in Section III.E of this TSD.These revisions to Section 206 do substantively change the requirements for NMED’s public notices. Based on our review asdiscussed above and in Section III.E of this TSD, these revisions, as compared with the current New Mexico SIP, do not affect theability of the provisions to meet federal requirements for SIP-approved permitting plans.Table C.XVII: Revisions to Section207 – Permit Decisions and AppealsCurrent SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions)(02/02/2001 State Revisions)207. PERMIT DECISIONS ANDAPPEALS:No Change No Change [207.] 20.2.72.207PERMITDECISIONS AND APPEALS:A. The Department shall withinthirty (30) days after its receipt of anapplication for a permit or permitrevision review such application forcompleteness. If the application isjudged complete, a certified letter tothat effect shall be sent to theapplicant. If the application isjudged incomplete a certified lettershall be sent to the applicant statingwhat additional information or pointsof clarification arenecessary to judgethe application complete. If theapplication is judged complete but nopermit is required, a certified lettershall be sent to the applicantinforming the applicant of thedetermination.A. The Department shall,withinthirty (30) days after its receipt of anapplication for a permit or significantpermit revision,review suchapplication for completeness. If theapplication is judged complete, a[certified] letter to that effect shall besent by certified mailto theapplicant. If the application isjudged incomplete a [certified] lettershall be sent by certified mailto theapplicant stating what additionalinformation or points of clarificationare necessary to judge the applicationcomplete. If the application isjudged complete but no permit isrequired, a [certified] letter shall besent by certified mailto the applicantinforming the applicant of theA. The Department shall withinthirty (30) days after its receipt of anapplication for a permit or significantpermit revision, review suchapplication and determine whether itis administratively complete.[forcompleteness] If the application is[judged] deemed:1. administrativelycomplete, aletter to that effect shall be sent bycertified mail to the applicant.2.[If the application isjudged] administrativelyincomplete,a letter shall be sent by certified mailto the applicant stating whatadditional information or points ofclarification are necessary to [judge]deemthe application administrativelycomplete. Upon receipt of theA. The Department shall withinthirty (30) days after its receipt of anapplication for a permit or significantpermit revision, review suchapplication and determine whether itis administratively complete. If theapplication is deemed:[1.](1)administrativelycomplete, a letter to that effect shallbe sent by certified mail to theapplicant.[2.](2)administrativelyincomplete, a letter shall be sent bycertified mail to the applicant statingwhat additional information or pointsof clarification arenecessary to deemthe application administrativelycomplete. Upon receipt of theadditional information or91Current SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions)(02/02/2001 State Revisions)determination. additionalinformationorclarification, the Department shallpromptly review such informationand determine whether theapplication is administrativelycomplete.3.[If the application isjudged] administrativelycompletebut no permit is required, a lettershall be sent by certified mail to theapplicant informing the applicant ofthe determination.clarification, the Department shallpromptly review such informationand determine whether theapplication is administrativelycomplete.[3.](3)administrativelycomplete but no permit is required, aletter shall be sent by certified mailto the applicant informing theapplicant of the determination.B. The Department shall, as soon aspracticable after the Departmentdeems the application complete butnot to exceed one hundred eighty(180) days or two hundred forty(240) days if the application issubject to Part 74, Prevention ofSignificant Deterioration, eithergrant, grant subject to conditions ordeny the permit or permit revision.B. The Department shall, as soon aspracticable after the Departmentdeems the application complete butnot to exceed one hundred eighty(180) days or two hundred forty(240) days if the application issubject to Part 74, Prevention ofSignificant Deterioration, eithergrant, grant subject to conditions ordeny the permit or significantpermitrevision.B. The Department shall [, as soonas practicable after the Departmentdeems the application complete butnot to exceed one hundred eighty(180) days or two hundred forty(240) days if the application issubject to Part 74, Prevention ofSignificant Deterioration,] eithergrant, grant subject to conditions ordeny the permit or significant permitrevision[.]:1. within ninety (90) daysafter the Department deems theapplication administrativelycomplete, if the application is notsubject to the requirements of Part 74–Prevention of SignificantDeterioration; or2. within one hundred eighty(180) days after the Departmentdeems the applicationadministratively complete, if theapplication is subject to theB. The Department shall eithergrant, grant subject to conditions ordeny the permit or significant permitrevision:[1.](1)within ninety (90) daysafter the Department deems theapplication administrativelycomplete, if the application is notsubject to the requirements of [Part74–] 20.2.74 NMAC (Prevention ofSignificant Deterioration); or[2.](2)within one hundredeighty (180) days after theDepartment deems the applicationadministratively complete, if theapplication is subject to therequirements of [Part 74–] 20.2.74NMAC (Prevention of SignificantDeterioration).C. If the Department fails to takeaction on the application within thedeadlines specified in [paragraph Bof this Section] Subsection B of92Current SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions)(02/02/2001 State Revisions)requirements of Part 74 –Preventionof Significant Deterioration.C. If the Department fails to takeaction on the application within thedeadlines specified in paragraph B ofthis Section, the Department shallnotify the applicant by certified mailthat an extension of time is necessaryto process the application and shallspecify, in detail, the grounds for theextension. The Secretary may grantan extension, not to exceed ninety(90) days, to the deadlines specifiedin paragraph B of this section, if theSecretary determines that good causeexists for the extension. TheSecretary shall notify the applicantby certified mail of the decision onthe extension. If the Secretary grantsthe extension, the notification shallinclude the length of the extensionand the reasons therefore. Theauthority under this paragraph maybe delegated by the Secretary only tothe Deputy Secretary or a DivisionDirector. Examples of good causefor extension include, but are notlimited to:1. the need to have publichearings;2. a health assessment isrequired under Subpart IV of thisPart;3. the permit application issubject to the requirements of Part 7920.2.72.207 NMAC, the Departmentshall notify the applicant by certifiedmail that an extension of time isnecessary to process the applicationand shall specify, in detail, thegrounds for the extension. TheSecretary may grant an extension, notto exceed ninety (90) days, to thedeadlines specified in [paragraph Bof this section] Subsection B of20.2.72.207 NMAC, if the Secretarydetermines that good cause exists forthe extension. The Secretary shallnotify the applicant by certified mailof the decision on the extension. Ifthe Secretary grants the extension,the notification shall include thelength of the extension and thereasons therefore.The authorityunder this paragraph may bedelegated by the Secretary only to theDeputy Secretary or a DivisionDirector. Examples of good causefor extension include, but are notlimited to:[1.](1)the need to have publichearings;[2.](2)a health assessment isrequired under [Subpart IV of thisPart] 20.2.72.400 NMAC -20.2.72.499 NMAC;[3.](3)the permit application issubject to the requirements of [Part79–] 20.2.79 NMAC (Permits –Nonattainment Areas);93Current SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions)(02/02/2001 State Revisions)– Permits – Nonattainment Areas;4. additional time is needed tocomplete the requirements forFederal Review specified in Section403 of Part 74 –Permits –Prevention of SignificantDeterioration.5. the permit applicationrequires review of unusually complextechnical and regulatory issues; or6. the Department is unable tocomplete review of informationsubmitted, because of the timing andscope of the submittal.[4.](4)additional time isneeded to complete the requirementsfor Federal Review specified in[Section 403 of Part 74–Permits–Prevention of SignificantDeterioration]20.2.74.403 NMAC.[5.](5)the permit applicationrequires review of unusually complextechnical and regulatory issues; or[6.](6)the Department isunable to complete review ofinformation submitted, because ofthe timing and scope of the submittal.C. The Department shall grant thepermit, grant the permit subject toconditions, or deny the permit basedon information contained in theDepartment's administrative record.The administrative record shallconsist of the application, any otherevidence submitted by the applicant,any evidence or written commentssubmitted by interested persons, anyother evidence considered by theDepartment, a statement of mattersofficially noticed, and if a publichearing is held, the evidencesubmitted at the hearing.No Change [C]D. The Department shall grantthe permit, grant the permit subject toconditions, or deny the permit basedon information contained in theDepartment's administrative record.The administrative record shallconsist of the application, any otherevidence submitted by the applicant,any evidence or written commentssubmitted by interested persons, anyother evidence considered by theDepartment, a statement of mattersofficially noticed, and if a publichearing is held, the evidencesubmitted at the hearing. Theapplicant has the burden ofdemonstrating that a permit or permitrevision should be approved.No ChangeD. Any person who participated in apermitting action before theDepartment shall be notified by theNo Change [D]E. Any person who participatedin a permitting action before theDepartment shall be notified by theNo Change94Current SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions)(02/02/2001 State Revisions)Department of the action taken andthe reasons for the action.Notification of the applicant shall beby certified mail.Department of the action taken andthe reasons for the action.Notification of the applicant shall beby certified mail.E. Any person who participated in apermitting action before theDepartment and who is adverselyaffected by such permitting actionmay file a petition for hearing beforethe board. The petition shall be madein writing to the board within thirty(30) days from the date notice isgiven of the Department's action andshall specify the portions of thepermitting action to which thepetitioner objects, certify that a copyof the petition has been mailed orhand-delivered as required by thisparagraph, and attach a copy of thepermitting action for which review issought. Unless a timely request forhearing is made, the decision of theDepartment shall be final. Thepetition shall be copiedsimultaneously to the Departmentupon receipt of theappeal notice. Ifthe petitioner is not the applicant orpermittee, the petitioner shall mail orhand-deliver a copy of the petition tothe applicant or permittee. TheDepartment shall certify theadministrative record to the board.No Change [E]F. Any person who participatedin a permitting action before theDepartment and who is adverselyaffected by such permitting actionmay file a petition for hearing beforethe board. The petition shall be madein writing to the board within thirty(30) days from the date notice isgiven of the Department's action andshall specify the portions of thepermitting action to which thepetitioner objects, certify that a copyof the petition has been mailed orhand-delivered as required by thisparagraph, and attach a copy of thepermitting action for which review issought. Unless a timely request forhearing is made, the decision of theDepartment shall be final. Thepetition shall be copiedsimultaneously to the Departmentupon receipt of theappeal notice. Ifthe petitioner is not the applicant orpermittee, the petitioner shall mail orhand-deliver a copy of the petition tothe applicant or permittee. TheDepartment shall certify theadministrative record to the board.No ChangeF. If a timely request for hearing ismade, the board shall hold a hearingwithin ninety (90) days of receipt ofF. If a timely request for hearing ismade, the board shall hold a hearingwithin ninety (90) days of receipt of[F]G. If a timely request for hearingis made, the board shall hold ahearing within [ninety (90)]sixtyNo Change95Current SIP-approved LanguageMay 29, 1998 SIP SubmittalApril 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions)(02/02/2001 State Revisions)the petition in accordance withSection 74-2-7 NMSA 1978.the petition in accordance withSection 74-2-7 of the New MexicoAir Quality Control Act,NMSA1978.(60)days of receipt of the petition inaccordance with Section 74-2-7 ofthe New Mexico Air Quality ControlAct, NMSA 1978.G. Any person adversely affectedby an administrative action taken bythe board may appeal in accordancewith Section 74-2-9 NMSA 1978.G. Any person adversely affectedby an administrative action taken bythe board may appeal in accordancewith Section 74-2-9 of the NewMexico Air Quality Control Act,NMSA 1978.[G]H. Any person adverselyaffected by an administrative actiontaken by the board may appeal inaccordance with Section 74-2-9 ofthe New Mexico Air Quality ControlAct, NMSA 1978.No ChangeSection 207 describes the permit decisions and appeals process and timelines for permits issued under Part 72 – ConstructionPermits.Revisions to this section were included in the following SIP submittal(s): May 29, 1998, and April 11, 2002.The May 29, 1998 revisions to Section 207 include the addition ofclarifying language that do not substantively change theprovisions contained in this section. These revisions also specify that the requirements contained in Paragraphs A and B applyonly to those permit revisions that are considered to be Significant revisions. The permit decisions procedures and timelinesforother types of permit revisions are addressed in later sections of Part 72.The first set of revisions toSection 207 contained in the April 11, 2002 submittal include the addition of clarifying languagewithin Paragraph A to specify that submitted permit applicationswill be reviewed for administrative completeness. The previousversion of these provisions did not indicate specifically “administrative” completeness. The April 11, 2002 submittal alsoincluded revisions to ParagraphB that made changes to the timeline requirements that NMED must meet for permit issuance.Non-PSD permits, including NNSR permits, have a shortened permit issuance period, 90 days as compared to 180 for PSD permitissuance. Paragraph C was also added in these revisions to provideprocedural requirements that must be followed in the eventthat the permit issuance timelines are not met. The length oftime allowed from NMED to hold a requested hearing was alsoreduced from 90 to 60 days as part of the first set of revisions contained in the April 11, 2002 submittal.The second set of revisions to Section 207contained in the April 11, 2002 submittal include formatting changes to the sectiontitle,references to other NMAC provisions, andlist numbering. The formatting changes werea result of Part 72 being reformatted tobe consistent with other formatting updates found in the NMAC.96These revisions to Section 207 result in change to the procedural requirements related to permit decisions, including a reduction intime allowed for the Department to act on permits and hold requested hearings, but theserevisions, as compared with the currentNew Mexico SIP as discussed above and in Section III.E of this TSD, do not affect the ability ofthe provisions to meet federalrequirements for SIP-approved permitting plans.Table C.XVIII: Revisions to Section 208 – Basis for Denial of PermitCurrent SIP-approved Language April 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(01/01/2000State Revisions)(02/02/2001 State Revisions)208. BASIS FOR DENIAL OF PERMIT:The Department shall deny any application for apermit or permit revision if considering emissionsafter controls:No Change[208.] 20.2.72.208BASIS FOR DENIAL OFPERMIT:The Department shall deny any application for apermit or permit revision if considering emissionsafter controls:A. It appears that the construction, modificationor permit revision will not meet applicableregulations adopted pursuant to the Air QualityControl Act;No Change No ChangeB. The source will emit a hazardous air pollutantor an air contaminant in excess of any applicableNew Source Performance Standard or NationalEmission Standard for Hazardous Air Pollutants ora regulation of the board;No Change No ChangeC. For toxic air pollutants, See Subpart IV; C.For toxic air pollutants, See Subpart IV of thisPart;C. For toxic air pollutants, [S]see [Subpart IV ofthis Part] 20.2.72.400 NMAC - 20.2.72.499NMAC;D. The construction, modification, or permitrevision will cause or contribute to air contaminantlevels in excess of any National Ambient AirQuality Standard or New Mexico Ambient AirQuality Standard unless the ambient air impact isoffset by meeting the requirements of either Part79 or Section 216, whichever is applicable;No Change D. The construction, modification, or permitrevision will cause or contribute to air contaminantlevels in excess of any National Ambient AirQuality Standard or New Mexico Ambient AirQuality Standard unless the ambient air impact isoffset by meeting the requirements of either [Part79 or Section 216] 20.2.79 NMAC or 20.2.72.216NMAC, whichever is applicable;E. The construction, modification, or permitrevision would cause or contribute to ambientconcentrations in excess of a Prevention ofNo Change No Change97Current SIP-approved LanguageApril 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(01/01/2000State Revisions)(02/02/2001 State Revisions)Significant Deterioration (PSD) increment;F. Any provision of the Air Quality Control Actwill be violated;F. Any provision of the Air Quality Control Actwill be violated; orNo ChangeG. It appears that the construction of the newsource will not be completed within a reasonabletime; orG. It appears that the construction of the newsource will not be completed within a reasonabletime[; or].No ChangeH. The construction, reconstruction,modification, or permit revision for major sourcesof hazardous air pollutants does not meet therequirements specified in Part 83.[H.The construction, reconstruction,modification, or permit revision for major sourcesof hazardous air pollutants does not meet therequirements specified in Part 83.]No ChangeSection 208 specifies the reasons that would require NMED to deny the issuance ofa permit under Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The first set of revisions toSection 208 contained in the April 11, 2002 submittal includes the addition of clarifying languagewithin Paragraph C. The April 11, 2002 submittal also included the deletion of Paragraph H from the current SIP-approvedprovisions of Section 208. This paragraph, was deleted becauseit references Part, which no longer exists. Instead the requirementthat a permit meet applicable Hazardous Air Pollutant requirements is included in Paragraphs A (indirect reference on the basisof“applicable regulations”)and B (direct reference).The second set of revisions to Section 208contained in the April 11, 2002 submittal include formatting changes to the sectiontitleand references to other NMAC provisions.The formatting changes were a result of Part72 being reformatted to be consistent withother formatting updates found in the NMAC.These revisions to Section 208 that include formatting updates and clarification via addition and deletion of language, as comparedwith the current New Mexico SIP, do not affect the abilityof the provisions to meet federal requirements for SIP-approvedpermitting plans.Table C.XIX: Revisions to Section 209 – Additional Legal Responsibilities on ApplicantsCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)209. ADDITIONAL LEGAL RESPONSIBILITIES ON APPLICANTS:The issuance of a permit does not relieve any person from civil or criminalliability for failure to comply with the provisions of the Air Quality Control[209.] 20.272.209ADDITIONAL LEGAL RESPONSIBILITIES ONAPPLICANTS: The issuance of a permit does not relieve any person fromcivil or criminal liability for failure to comply with the provisions of the Air98Current SIP-approved LanguageApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)Act, the Federal Act, federal regulations thereunder, any applicableregulations of the board, and any other applicable law or regulation.Quality Control Act, the Federal Act,federal regulations thereunder, anyapplicable regulations of the board, and any other applicable law orregulation.Section 209 identifies the additional legalresponsibility for applicants issued apermit under Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 209 include formatting changes to the section title. The formatting changes were a resultof Part 72 being reformatted to be consistentwith other formatting updates found in the NMAC.These revisions to Section 209 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.XX: Revisions to Section 210 – Permit ConditionsCurrent SIP-approved Language November 6, 1998April 11, 2002 SIP Submittal(Baseline Regulatory Language)(11/14/1998State Revisions)(02/02/2001 State Revisions)210. Permit Conditions:No Change[210.] 20.2.72.210Permit Conditions:A. The contents of the application specificallyidentified by the Department shall become termsand conditions of the permit or permit revision.No Change No ChangeB. The Department shall, as appropriate, specifyconditions upon a permit, including:1. Placement of individual emission limitsdetermined on a case-by-case basis on the sourcefor which the permit is issued, but such individualemission limits shall be only as restrictive as themore stringent of the following:a. The extent necessary to meet therequirements of the Air Quality Control Act andthe Federal Act; orb. The emission rate specified in thepermit application;2. A requirement that such source installand operate control technology, determined on acase-by-case basis, sufficient to meet therequirements of the Air Quality Control Act andNo Change B. The Departmentshall, as appropriate, specifyconditions upon a permit, including:[1.](1)Placement of individual emissionlimits determined on a case-by-case basis on thesource for which the permit is issued, but suchindividual emission limits shall be only asrestrictive as the more stringent of the following:[a.](a)The extent necessary to meet therequirements of the Air Quality Control Act andthe Federal Act; or[b.](b)The emission rate specified inthe permit application;[2.](2)A requirement that such sourceinstall and operate control technology, determinedon a case-by-case basis, sufficient to meet therequirements of the Air Quality Control Act and99Current SIP-approved Language November 6, 1998April 11, 2002 SIP Submittal(Baseline Regulatory Language)(11/14/1998State Revisions)(02/02/2001 State Revisions)the Federal Act and regulations promulgated undereither;3. Compliance with applicable NSPS andNESHAP;4. Imposition of reasonable restrictions andlimitations other than restrictions and limitationsrelating to emission limits or emission rates; or5. Any combination of the above.the Federal Act and regulations promulgated undereither;[3.](3)Compliance with applicable NSPSand NESHAP;[4.](4)Imposition of reasonable restrictionsand limitations other than restrictions andlimitations relating to emission limits or emissionrates; or[5.](5)Any combination of the above.C. In the case of a modification, the requirementsof this Section apply only to the facility orfacilities involved in such modification.[C}6. In the case of a modification, therequirements of this [S]section (210.B)apply onlyto the facility or facilities involved in suchmodification.6. In the case of a modification, the requirementsof [this section (210.B)] Subsection B of20.2.72.210 NMACapply only to the facility orfacilities involved in such modification.D. The Department may impose such otherreasonable conditions upon a permit, including aschedule of construction, a condition requiringtimely revision of permit terms or conditions inorder to meet new requirements, if any, under anyfederally requiredand approved StateImplementation Plan revision, and conditionsrequiring the source to be provided with or toundertake:1. Sampling ports of a size, number andlocation as the Department may require;2. Safe access to each port;3. Instrumentation to monitor and recordemission data including continuous emissionmonitoring, if appropriate;4. Any other reasonable sampling, testingand ambient monitoring and meteorologicalfacilities and protocols; and5. Periodic testing pursuant to Section 213.[D]C. The Department may impose such otherreasonable conditions upon a permit, including aschedule of construction, a condition requiringtimely revision of permit terms or conditions inorder to meet new requirements, if any, under anyfederally requiredand approved StateImplementation Plan revision, and conditionsrequiring the source to be provided with or toundertake:1. Sampling ports of a size, number andlocation as the Department may require;2. Safe access to each port;3. Instrumentation to monitor and recordemission data including continuous emissionmonitoring, if appropriate;4. Any other reasonable sampling, testingand ambient monitoring and meteorologicalfacilities and protocols; and5. Periodic testing pursuant to Section 213.C. The Department may impose such otherreasonable conditions upon a permit, including aschedule of construction, a condition requiringtimely revision of permit terms or conditions inorder to meet new requirements, if any, under anyfederally requiredand approved StateImplementation Plan revision, and conditionsrequiring the source to be provided with or toundertake:[1.](1)Sampling ports of a size, number andlocation as the Department may require;[2.](2)Safe access to each port;[3.](3)Instrumentation to monitor andrecord emission data including continuousemission monitoring, if appropriate;[4.](4)Any other reasonable sampling,testing and ambient monitoring and meteorologicalfacilities and protocols; and[5.](5)Periodic testing pursuant to [Section213] 20.2.72.213 NMAC.E. Any term or condition imposed by theDepartment on a permit or permit revision is[E]D. Any term or condition imposed by theDepartment on a permit or permit revision isNo Change100Current SIP-approved Language November 6, 1998April 11, 2002 SIP Submittal(Baseline Regulatory Language)(11/14/1998State Revisions)(02/02/2001 State Revisions)enforceable to the same extent as a regulation ofthe board.enforceable to the same extent as a regulation ofthe board.F. The Department will as a condition of eachpermit require the permittee to establish andmaintain such records of the nature and amount ofemissions and to make such periodic reports to theDepartment regarding the nature and amounts ofemissions and the performance of air pollutioncontrol equipment, as are necessary to carry outthe purpose of the Air Quality Control Act.[F]E. The Department will as a condition of eachpermit require the permittee to establish andmaintain such records of the nature and amount ofemissions and to make such periodic reports to theDepartment regarding the nature and amounts ofemissions and the performance of air pollutioncontrol equipment, as are necessary to carry outthe purpose of the Air Quality Control Act.No ChangeSection 210 specifies what requirements andassociated information should be includedas conditions of a permit issued under Part72 – Construction Permits.Revisions to this section were included in the following SIP submittal(s): November 6, 1998, and April 11, 2002.The November 6, 1998 revisions to Section 210corrected a typographical error that was made in the previously adopted version ofthe section.The April 11, 2002 revisions to Section 210 include formatting changes to the section title, references to other NMAC provisions,and list numbering contained in the section. The formatting changeswere a result of Part 72 being reformatted to be consistentwith other formatting updates found in the NMAC.These revisions to Section 210 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.XXI: Revisions to Section 211 – Permit CancellationsCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)211. PERMIT CANCELLATIONS:[211.] 20.2.72.211PERMIT CANCELLATIONS:A. The Department shall automatically cancel any permit for any sourcewhich ceases operation for five years ormore, or permanently. Reactivationof any source after the five year period shall require a new permit.No ChangeB. The Department may cancel a permit if the construction or modificationis not commenced within two years from the date of issuance or, if during theconstruction or modification, work is suspended for a total of one year, Suchcancellation shall be subject to the following procedures:B. The Department may cancel a permit if the construction or modificationis not commenced within two years from the date of issuance or, if during theconstruction or modification, work is suspended for a total of one year, Suchcancellation shall be subject to the following procedures:101Current SIP-approved LanguageApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)1. At least thirty days prior to the cancellation of a permit, theDepartment shall notify the permittee by certified mail of the impendingcancellation. The Department shall notify the permittee by certified mail ofthe cancellation of his permit and the reasons therefor. Construction,modification and, if required, interim operation shall cease upon the effectivedate of cancellation contained in the notice of cancellation. A permittee whohas received notice that a permit is orwill be cancelled may request a hearingbefore the board. The request must be made in writing to the board withinthirty days after notice of the Department's action has been received by thepermittee. Unless a timely request for hearing is made, the decision of theDepartment shall be final; and2. If a timely request for hearing is made, the board shall hold ahearing within thirty days after receiptof the request. The Department shallnotify the permittee by certified mailof the date, time and place of thehearing. In the hearing the burden of proof shall be upon the permittee. Theboard may designate a hearing officer to take evidence in the hearing. Basedupon the evidence presentedat the hearing, the boardshall sustain, modify orreverse the action of the Department.[1.](1)At least thirty days prior to the cancellation of a permit, theDepartment shall notify the permittee by certified mail of the impendingcancellation. The Department shall notify the permittee by certified mail ofthe cancellation of his permit and the reasons therefor. Construction,modification and, if required, interim operation shall cease upon the effectivedate of cancellation contained in the notice of cancellation. A permittee whohas received notice that a permit is orwill be cancelled may request a hearingbefore the board. The request must be made in writing to the board withinthirty days after notice of the Department's action has been received by thepermittee. Unless a timely request for hearing is made, the decision of theDepartment shall be final; and[2.](2)If a timely request for hearing is made, the board shall hold ahearing within thirty days after receiptof the request. The Department shallnotify the permittee by certified mailof the date, time and place of thehearing. In the hearing the burden of proof shall be upon the permittee. Theboard may designate a hearing officer to take evidence in the hearing. Basedupon the evidence presentedat the hearing, the boardshall sustain, modify orreverse the action of the Department.Section 211 described the conditions under which a permit issued under Part 72 – Construction Permits shall be canceled by theDepartment.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 211 include formatting changes to the section title and list numbering. The formattingchanges were a result of Part72 being reformatted to be consistent with other formatting updates found in the NMAC.These revisions to Section 211 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.XXII: Revisions to Section 212 – Permittee’s Notification Requirements to DepartmentCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)212. PERMITTEE'S NOTIFICATION REQUIREMENTS TODEPARTMENT: Any owner or operator subject to this Part shall notify theDepartment in writing of or provide the Department with:A. Anticipated date of initial startup of a source not less than thirty (30)[212.] 20.2.72.212PERMITTEE'S NOTIFICATION REQUIREMENTS TODEPARTMENT: Any owner or operator subject to this Part shall notify theDepartment in writing of or provide the Department with:A. Anticipated date of initial startup of a source not less than thirty (30)102Current SIP-approved LanguageApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)days prior to the date;B. Actual date of initial startup of a source within fifteen (15) days afterthe startup date;C. Any change of operators within fifteen (15) days of such change;D. Any necessary update or correction no more than sixty (60) days afterthe operator knows or should have known of the condition necessitating theupdate or correction of the permit.days prior to the date;B. Actual date of initial startup of a source within fifteen (15) days afterthe startup date;C. Any change of operators within fifteen (15) days of such change;D. Any necessary update or correction no more than sixty (60) days afterthe operator knows or should have known of the condition necessitating theupdate or correction of the permit.Section 212 specifies the notification requirements for applicants issued a permit under Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 212 include formatting changes to the section title. The formatting changes were a resultof Part 72 being reformatted to be consistentwith other formatting updates found in the NMAC.These revisions to Section 212 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.XXIII: Revisions to Section 213 – Startup and Followup TestingCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)213. STARTUP AND FOLLOWUP TESTING: Within sixty (60) days afterachieving the maximum production rate at which the source will be operatedbut not later than one hundred eighty (180) days after initial startup of thesource, the owner or operator of the source may be required to conduct aperformance test. The test method utilized shall be approved by theDepartment. Whenever the requirements of 40 CFR 60 or 61 apply, testmethods must be utilized as specifiedin those regulations. The owner oroperator shall notify the Department at least thirty (30) days prior to the testdate and allow a representative of the Department to be present at the test. Awritten report of the results of the test shall be submitted to the Departmentby the owner or operator within thirty (30) days from the test date. Thisrequirement may be reimposed on a source as necessary if inspections of thesource indicate noncompliance with permit conditions subject to such testing,or the previous test showed noncompliance or was technically unsatisfactory.In such cases, the test requirementmay be reimposed as frequently asnecessary until compliance is achieved and testing is performed in a[213.] 20.2.72.213STARTUP AND FOLLOWUP TESTING: Within sixty(60) days after achieving the maximum production rate at which the sourcewill be operated but not later than one hundred eighty (180) days after initialstartup of the source, the owner or operator of the source may be required toconduct a performance test. The test method utilized shall be approved by theDepartment. Whenever the requirements of 40 CFR 60 or 61 apply, testmethods must be utilized as specifiedin those regulations. The owner oroperator shall notify the Department at least thirty (30) days prior to the testdate and allow a representative of the Department to be present at the test. Awritten report of the results of the test shall be submitted to the Department bythe owner or operator within thirty (30) days from the test date. Thisrequirement may be reimposed on a source as necessary if inspections of thesource indicate noncompliance with permit conditions subject to such testing,or the previous test showed noncompliance or was technically unsatisfactory.In such cases, the test requirementmay be reimposed as frequently asnecessary until compliance is achieved and testing is performed in a103Current SIP-approved LanguageApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)technically satisfactory manner. Thistesting requirement may be waived ifthe source is a member of a classsubject to an exemption from thisrequirement pursuant to Section 214, andhas agreed to comply with, and itspermit contains, enforceable design, operational and locational protocols setby the Department for the class of sources to which the source belongs.technically satisfactory manner. Thistesting requirement may be waived ifthe source is a member of a classsubject to an exemption from thisrequirement pursuant to [Section 214] 20.2.72.214 NMAC, and has agreed tocomply with, and its permit contains, enforceable design, operational andlocational protocols set by the Department for the class of sources to whichthe source belongs.Section 213 specifies the requirements forstartup and followup testing for thosesources issued a permit under Part 72 –Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 213 include formatting changes to the section title and references to other NMACprovisions. The formatting changes were aresult of Part 72 being reformatted to beconsistent with other formatting updatesfound in the NMAC.These revisions to Section 213 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.XXIV: Revisions to Section 214 – SourceClass Exemption Process (Permit Streamlining)Current SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)214. SOURCE CLASS EXEMPTION PROCESS (PERMITSTREAMLINING):[214.] 20.2.72.214SOURCE CLASS EXEMPTION PROCESS (PERMITSTREAMLINING):A. Upon application by any person or group of persons, or upon theinitiative of the Department, the board may exempt any source or class ofsources, from any procedural requirementof this Part except the requirementto obtain a permit prior to commencement of construction if the board findsthat the conditions set forth below in this Section have been met. Whenpossible, comprehensive exemptions shall be established for source classes inorder to conduct expedited, streamlined permit processing for any applicantwhose source is a member of such class. Exemptions may be granted onlyafter a public hearing of the board, atwhich time the basis for such exemptionshall be presented and any interested person allowed to comment and toquestion any witness. The board's decision that an exemption under thisSection is justified shall be based at a minimum on each of the followingfindings:A. Upon application by any person or group of persons, or upon theinitiative of the Department, the board may exempt any source or class ofsources, from any procedural requirementof this Part except the requirementto obtain a permit prior to commencement of construction if the board findsthat the conditions set forth below in this Section have been met. Whenpossible, comprehensive exemptions shall be established for source classes inorder to conduct expedited, streamlined permit processing for any applicantwhose source is a member of such class. Exemptions may be granted onlyafter a public hearing of the board, atwhich time the basis for such exemptionshall be presented and any interested person allowed to comment and toquestion any witness. The board's decision that an exemption under thisSection is justified shall be based at a minimum on each of the followingfindings:104Current SIP-approved LanguageApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)1. The Department has substantial actual experience with orknowledge of the specific class of sourcesproposed for exemption, that suchexperience or knowledge is material tothe application for exemption, and thatsuch experience or knowledge includes modeling and analysis of arepresentative sample of such sources. Such knowledge may be acquiredthrough, but not limited to, direct Department experience with such sources,or the review of other regulatory agencies' experience, records, documentationand formal actions, or through publications of professional organizations andsocieties upon which engineers and scientists would conventionally rely informulating a professional judgment;2. The sources possess sufficiently common characteristics ofoperation, process technology, emissions, emission control technology andimpact on air quality that with respect to the specific requirements proposedto be exempted, protocols have been developed which, if applied to allmembers of that class, will ensure that air quality is protected at least as wellas would be accomplished by the full permit review process; and3. Under such an exemption, compliance with all federal and state airquality laws, regulations, standards and emissions limitations will be assured.[1.](1)The Department has substantial actual experience with orknowledge of the specific class of sourcesproposed for exemption, that suchexperience or knowledge is material tothe application for exemption, and thatsuch experience or knowledge includes modeling and analysis of arepresentative sample of such sources. Such knowledge may be acquiredthrough, but not limited to, direct Department experience with such sources,or the review of other regulatoryagencies' experience, records,documentation and formal actions, or through publications of professionalorganizations and societies upon which engineers and scientists wouldconventionally rely in formulating a professional judgment;[2.](2)The sources possess sufficiently common characteristics ofoperation, process technology, emissions, emission control technology andimpact on air quality that with respect to the specific requirements proposedto be exempted, protocols have been developed which, if applied to allmembers of that class, will ensure that air quality is protected at least as wellas would be accomplished by the full permit review process; and[3.](3)Under such an exemption, compliance with all federal and stateair quality laws, regulations, standards and emissions limitations will beassured.B. Exemptions may apply statewide or regionally and may be revoked bythe board only after a public hearing following at least sixty days publicnotice.No ChangeC. As may be required under federal law, all protocols established hereundershall be submitted to the US EPA for review and approval as revisions to theState Implementation Plan. Such protocols shall be established contingentupon approval by the US EPA.No ChangeD. There shall be no exemptions underthis Section from the requirements ofPart 74, 79, 77, or 78.D. There shall be no exemptions underthis Section from the requirements of[Part 74, 79, 77, or 78] 20.2.74 NMAC, 20.2.77 NMAC, 20.2.78 NMAC, or20.2.79 NMAC.Section 214 includes the provisions related to the Permit Streamlining process under Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.105The April 11, 2002 revisions to Section 214 include formatting changes to the section title and references to other NMACprovisions. The formatting changes were aresult of Part 72 being reformatted to beconsistent with other formatting updatesfound in the NMAC.These revisions to Section 214 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.XXV: Revisions to Section 215 – Emergency Permit ProcessCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)215. EMERGENCY PERMIT PROCESS:[215.] 20.2.72.215EMERGENCY PERMIT PROCESS:A. The Department may issue anemergency permit when the Secretarydetermines an emergency exists which threatens the public health, safety orwelfare, and which requires the rapid construction or modification of, orinstallation of equipment in, a facility subject to this Part in order to mitigate,prevent or remedy such emergency.No ChangeB. Department personnel shall verify that the source, operating inaccordance with the permit issued, can andwill meet all applicable standards,emissions limitations and conditions before authorizing start-up in order toensure that the public emergency is not worsened by excess or improperlycontrolled air pollution.No ChangeC. An emergency caused by any negligent or unlawful action or operation ofthe facility or the facility owner or operator, including but not limited tofailure to apply timely for a permit or revision, shall not constitute anemergency for the purposes of this Section.No ChangeD. The requirements of Sections 206.A.4 and 5, 206.B, and 207.A and Bshall not apply to emergency permits processed under this Section.D. The requirements of [Sections 206.A.4 and 5, 206.B, and 207.A and B]Paragraphs 5 and 6 of Subsection A of 20.2.72.206 NMAC, Subsection C of20.2.72.206 NMAC, and Subsections A and B of 20.2.72.207 NMACshallnot apply to emergency permits processed under this Section.E. Construction shall not commence until the emergency permit is issued. No ChangeSection 215 describes the emergency permitprocess requirements and proceduresunder Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 215 include formatting changes to the section title and references to other NMACprovisions. The formatting changes were aresult of Part 72 being reformatted to beconsistent with other formatting updatesfound in the NMAC.106These revisions to Section 215 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.XXVI: Revisions to Section216 – Nonattainment Area RequirementsCurrent SIP-approved Language April 11, 2002SIP Submittal November 2, 2006 SIP Submittal(Baseline Regulatory Language)(02/02/2001State Revisions)(09/06/2006 State Revisions)216. NONATTAINMENT AREAREQUIREMENTS:[216.] 20.2.72.216NONATTAINMENT AREAREQUIREMENTS:No ChangeA. The requirements of this Section apply to:1. A source or modification which willemit a regulated air contaminant such that theambient impact of the contaminant would exceedthe significant ambient concentration in Section500, Table 1 at any location that does not meet theNew Mexico Ambient Air Quality Standard for thecontaminant; or2. A source or modification which is not amajor stationary source or major modification asdefined in Part 79 and which will emit a regulatedair contaminant such that the ambient impact ofthe contaminant would exceed the significantambient concentration in Table 1 at any locationthat does not meet the National Ambient AirQuality Standard for the contaminant.A. The requirements of this Section apply to:[1.](1)A source or modification which willemit a regulated air contaminant such that theambient impact of the contaminant would exceedthe significant ambient concentration in [Section500] 20.2.72.500 NMAC, table 1 at any locationthat does not meet theNew Mexico Ambient AirQuality Standard for the contaminant; or[2.](2)A source or modification which isnot a major stationary source or majormodification as defined in [Part 79] 20.2.79NMACand which will emit a regulated aircontaminant such that the ambient impact of thecontaminant would exceed the significant ambientconcentration in Table 1 at any location that doesnot meet the National Ambient Air QualityStandard for the contaminant.A. The requirements of this Section apply to:(1) A newsource or modification of anexisting source that[which] will emit a regulatedair contaminant such that the ambient impact ofthe contaminant would exceed the significantambient concentration in 20.2.72 500 NMAC,table 1, at any location that does not meet the NewMexico ambient air quality standard for thecontaminant; [or](2) A newsource or modification of anexisting source that[which] is not a majorstationary source or major modification as definedin 20.2.79 NMAC and [which] thatwill emit aregulated air contaminant such that the ambientimpact of the contaminant would exceed thesignificant ambient concentration in table 1 at anylocation that does not meet the national ambient airquality standard for the contaminant[.] ; or(3) an existing source that does not proposean increase in emissions and that will emit aregulated air contaminant such that the ambientimpact of the contaminant would exceed thesignificant ambient concentration in 20.2.72.500NMAC (table 1) at any location that does not meetthe national air or New Mexico ambient air qualitystandard for the contaminant.B. A source or modification subject to thisSection shall offset the ambient impact of itsemissions by:B. A source or modification subject to thisSection shall offset the ambient impact of itsemissions by:B. A newsource or modification of an existingsubject to this section shall offset the ambientimpact of its emissions by:107Current SIP-approved LanguageApril 11, 2002SIP SubmittalNovember 2, 2006 SIP Submittal(Baseline Regulatory Language)(02/02/2001State Revisions)(09/06/2006 State Revisions)1. Obtaining emission offsets for proposedemissions in an amount greater than one-to-onesuch that a net air quality benefit will occur; and2. Ensuring emission offsets arequantifiable, enforceable, and permanent bymeeting the following Sections of Part 79:a. Section 114 - Emission OffsetBaselineb. Section 115 - Emission Offsetsc. Section 117 - Air Quality Benefit[1.](1)Obtaining emission offsets forproposed emissions in an amount greater than oneto-one such that a net air quality benefit will occur;and[2.](2)Ensuring emission offsets arequantifiable, enforceable, and permanent bymeeting the following [S]sections of [Part 79]20.2.79 NMAC:[a.](a)[Section 114-Emission OffsetBaseline] 20.2.79.114 NMAC (emission offsetbaseline);[b.](b)[Section 115-Emission Offsets]20.2.79.115 NMAC (emission offsets); and[c.](c)[Section 117-Air QualityBenefit] 20.2.79.117 NMAC (air quality benefit).(1) Obtaining emission offsets for proposedemissions in an amount greater than one-to-onesuch that a net air quality benefit will occur; and(2) Ensuring emission offsets arequantifiable, enforceable, and permanent bymeeting the following sections of 20.2.79 NMAC:(a) 20.2.79.114 NMAC (emission offsetbaseline);(b) 20.2.79.115 NMAC (emissionoffsets); and(c) 20.2.79.117 NMAC (air qualitybenefit).C. An existing source that is subject to this sectionshall demonstrate a net air quality benefit of atleast 20 percent reduction in ambient impact foreach applicable contaminant. The 20 percentreduction shall be calculated as the projectedsource impact subtractedfrom the existing sourceimpact divided by the existing source impact. Thenet air quality benefit must also meet therequirements of 20.2.79.117 NMAC (air qualitybenefit).Section 216 specifies requirements that areapplicable to sources or modifications tosources located innonattainment areas underPart 72 – Construction Permits.Revisions to this section were included in the following SIP submittal(s): April 11, 2002, and November 2, 2006.The April 11, 2002 revisions to Section 216 include formatting changes to the section title, references to other NMAC provisions,and list numbering contained in the section. The formatting changeswere a result of Part 72 being reformatted to be consistentwith other formatting updates found in the NMAC.The November 2, 2006 revisions to Section 216include the addition of clarifying languageto Paragraphs A and B that specify thepotential applicability of thenonattainment area requirements to both new sourcesand modifications of existing sources. Therevisions also include the additional applicability test for sources located in nonattainment areas that would apply for reasons otherthan proposed increase in emissions. Finally, the November 2, 2006 revisions include the addition of Paragraph C, which adds a108requirement that existing sources that are subject to Section 216 demonstrate a net air quality benefit of at least 20 percentreduction in ambient impact foreach applicable contaminant.These revisions to Section 216 add an additional applicability test to determine if a source is subject to the requirement of thesection and also add an additional requirement for sources subjectto Section 216. These revisions,as compared with the currentNew Mexico SIP as discussed above and in Section III.E of this TSD, do not affect the ability ofthe provisions to meet federalrequirements for SIP-approved permitting plans.Table C.XXVII: Revisions to Section 217 – Compliance CertificationsCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)217. COMPLIANCE CERTIFICATIONS:[217.] 20.2.72.217COMPLIANCE CERTIFICATIONS:A. Notwithstanding any other provision in the New Mexico StateImplementation Plan approved by the Administrator, for the purpose ofdetermining compliance, an owner or operator is not prohibited from usingmonitoring as required under Part 70 and incorporated into an operatingpermit in addition to any specified compliance methods.No ChangeB. The requirements of this Sectionare only applicable to those sourceswhich, in addition to being subject to this Part are either: defined as a majorsource under Part 70 - Operating Permits, or; subject to Part 82 - MaximumAchievable Control Technology Standards for Source Categories ofHazardous Air Pollutants.B. The requirements of this Sectionare only applicable to those sourceswhich, in addition to being subject to this Part are either: defined as a majorsource under [Part 70-] 20.2.70 NMAC (Operating Permits), or; subject to[Part 82-] 20.2.82 NMAC (Maximum Achievable Control TechnologyStandards for Source Categoriesof Hazardous Air Pollutants).Section 217 relates to compliancecertifications for sources that are either defined as amajor source under Part 70 or subjecttoPart 75 and have been issued a permit under Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 217 include formatting changes to the section title and references to other NMACprovisions. The formatting changes were aresult of Part 72 being reformatted to beconsistent with other formatting updatesfound in the NMAC.These revisions to Section 217 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.109Table C.XXVIII: Revisions to Section 218 – EnforcementCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)218. ENFORCEMENT: Notwithstanding any other provision in the NewMexico State Implementation Plan approved by the Administrator, anycredible evidence may be used for the purpose of establishing whether aperson has violated or is in violation of the terms or conditions of a permitissued pursuant to this Part, including permits for sources meeting theapplicability requirements Part 74 - Prevention of Significant Deterioration,or Part 79 - Permits - Nonattainment Areas.[218.] 20.2.72.218ENFORCEMENT: Notwithstanding any other provisionin the New Mexico State Implementation Plan approved by theAdministrator, any credible evidence may be used for the purpose ofestablishing whether a person has violated or is in violation of the terms orconditions of a permit issued pursuant to this Part, including permits forsources meeting the applicability requirements [Part 74-] 20.2.74 NMAC(Prevention of Significant Deterioration), or [Part 79-] 20.2.79 NMAC(Permits - Nonattainment Areas).A. Information from the use of the following methods is presumptivelycredible evidence of whether a violation has occurred at the source:1. A monitoring or information gathering method approved for thesource pursuant to Part 70 and incorporated in an operating permit; or2. Compliance methods specified in the New Mexico StateImplementation Plan.A. Information from the use of the following methods is presumptivelycredible evidence of whether a violation has occurred at the source:[1.](1)A monitoring or information gathering method approved for thesource pursuant to [Part 70] 20.2.70 NMACand incorporated in an operatingpermit; or[2.](2)Compliance methods specified in the New Mexico StateImplementation Plan.B. The following testing, monitoring or information gathering methods arepresumptively credible testing, monitoring or information gathering methods:1. Any federally enforceable monitoring or testing methods, includingthose in 40 CFR, parts 51, 60, 61 and 75; and2. Other testing, monitoring or information gathering methods thatproduce information comparable to that produced by any method in Section218.A or Section 218.B.1, above.B. The following testing, monitoring or information gathering methods arepresumptively credible testing, monitoring or information gathering methods:[1.](1)Any federally enforceable monitoring or testing methods,including those in 40 CFR, parts 51, 60, 61 and 75; and[2.](2)Other testing, monitoring or information gathering methods thatproduce information comparable to that produced by any method in [Section218.A] Subsection A of 20.2.72.218 NMACor [Section 218.B.1] Paragraph 1of Subsection B of 20.2.72.218 NMAC, above.C. The requirements of this Section 218 are only applicable to those sourceswhich, in addition to being subject to this Part, are either: defined as a majorsource under Part 70 - Operating Permits, or; subject to Part 82 - MaximumAchievable Control Technology Standards for Source Categories ofHazardous Air Pollutants.C. The requirements of this [S]section [218]are only applicable to thosesources which, in addition to being subjectto this Part, are either: defined as amajor source under [Part 70-] 20.2.70 NMAC (Operating Permits), or;subject to [Part 82-] 20.2.82 NMAC (Maximum Achievable ControlTechnology Standards for Source Categories of Hazardous Air Pollutants).Section 218 includes provisions related to enforcement procedures for determining violations of the terms or conditions of a permitissued under Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.110The April 11, 2002 revisions to Section 218 include formatting changes to the section title, references to other NMAC provisions,and list numbering. The formatting changes were a result of Part72 being reformatted to be consistent with other formattingupdates found in the NMAC.These revisions to Section 218 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.XXIX: Revisions to Section 219 – Permit RevisionsCurrent SIP-approvedLanguageMay 29, 1998 SIPSubmittalApril 11, 2002 SIPSubmittalApril 11, 2002 SIPSubmittalApril 25, 2005 SIPSubmittal(Baseline Regulatory Language) (01/07/1998 State Revisions)(01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/27/2003 State Revisions)NOT IN SIP219. PERMIT REVISIONS:No Change[219.] 20.2.72.219PERMITREVISIONS:No ChangeNOT IN SIPA. Administrative PermitRevisions1. Administrativepermit revisions proceduresmay be used only for thosepermit revisions that:a. Correcttypographical errors;b. Provide for aminor administrative changeat the source, such as achange in ownership or achange in the address ofphone number of any personidentified in the permit;c. Incorporate achange in the permit solelyinvolving the retiring of asource of closing of a facilityupon notification of theDepartment that thepermittee has ceasedoperations of the source orfacility;d. Incorporate aA. Administrative PermitRevisions1. Administrativepermit revisions proceduresmay be used only for thosepermit revisions that:a. Correcttypographical errors;b. Provide for aminor administrative changeat the source, such as achange in ownership or achange in the address ofphone number of any personidentified in the permit;c. Incorporate achange in the permit solelyinvolving the retiring of asource of closing of a facilityupon notification of theDepartment that thepermittee has ceasedoperations of the source orfacility;d. Incorporate aA. Administrative PermitRevisions[1.](1)Administrativepermit revisions proceduresmay be used only for thosepermit revisions that:[a.](a)Correcttypographical errors;[b.](b)Provide fora minor administrativechange at the source, such asa change in ownership or achange in the address ofphone number of any personidentified in the permit;[c.](c)Incorporatea change in the permit solelyinvolving the retiring of asource of closing of a facilityupon notification of theDepartment that thepermittee has ceasedoperations of the source orfacility;[d.](d)IncorporateNo Change111Current SIP-approvedLanguageMay 29, 1998 SIPSubmittalApril 11, 2002 SIPSubmittalApril 11, 2002 SIPSubmittalApril 25, 2005 SIPSubmittal(Baseline Regulatory Language) (01/07/1998 State Revisions)(01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/27/2003 State Revisions)change in the permit solelyinvolving the deletion fromthe permit of a source orsources upon notification ofthe Department that thesource or sources have notbeen and will not be built; ore. Incorporate asource or activity at thefacility which is exemptedunder Section 202.B of thisPart;2. The permittee shallapply for an administrativepermit revision by filing acertified written notificationof the proposed revision withthe Department whichincludes all informationrequired by the Departmentto review the request. Thecertification shall be made asrequired under Section203.A.10 of this Part;3. The administrativepermit revision is effectiveupon receipt of thenotification by theDepartment.4. Administrativepermit revisions shall not besubject to the publicnotification requirementsunder Sections 203.B andchange in the permit solelyinvolving the deletion fromthe permit of a source orsources upon notification ofthe Department that thesource or sources have notbeen and will not be built; ore. Incorporate asource or activity at thefacility which is exemptedunder Section 202.B of thisPart;2. The permittee shallapply for an administrativepermit revision by filing acertified written notificationof the proposed revision withthe Department whichincludes all informationrequired by the Departmentto review the request. Thecertification shall be made asrequired under Section[203.A.10] 203.A.12of thisPart;3. The administrativepermit revision is effectiveupon receipt of thenotification by theDepartment.4. Administrativepermit revisions shall not besubject to [the] publicnotification requirementsa change in the permit solelyinvolving the deletion fromthe permit of a source orsources upon notification ofthe Department that thesource or sources have notbeen and will not be built; or[e.](e)Incorporatea source or activity at thefacility which is exemptedunder [Section 202.B of thisPart] Subsection B of20.2.72.202 NMAC;[2.](2)The permitteeshall apply for anadministrative permitrevision by filing a certifiedwritten notification of theproposed revision with theDepartment which includesall information required bythe Department to review therequest. The certificationshall be made as requiredunder [Section 203.A.12 ofthis Part] Paragraph 12 ofSubsection A of 20.2.72.203NMAC;[3.](3)Theadministrative permitrevision is effective uponreceipt of the notification bythe Department.[4.](4)Administrative112Current SIP-approvedLanguageMay 29, 1998 SIPSubmittalApril 11, 2002 SIPSubmittalApril 11, 2002 SIPSubmittalApril 25, 2005 SIPSubmittal(Baseline Regulatory Language) (01/07/1998 State Revisions)(01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/27/2003 State Revisions)206 of this Part. TheDepartment shall attach therevision to the permit.5. Administrativepermit revisions shall not besubject to filing fees orpermit fees under Part 2. 75 –Construction Permit Fees;6. The Department isnot required to reissue thepermit to incorporate anadministrative permitrevision.under Sections 203.B and206 of this Part. TheDepartment shall attach therevision to the permit.5. Administrativepermit revisions shall not besubject to filing fees orpermit fees under Part 2. 75 –Construction Permit Fees;6. The Department isnot required to reissue thepermit to incorporate anadministrative permitrevision.permit revisions shall not besubject to public notificationrequirements under [Sections203.B and 206 of this Part]Subsection B of 20.2.72.203NMAC and 20.2.72.206NMAC. The Departmentshall attach the revision tothe permit.[5.](5)Administrativepermit revisions shall not besubject to filing fees orpermit fees under [Part 2. 75–] 20.2.75 NMAC(Construction Permit Fees);[6.](6)The Departmentis not required to reissue thepermit to incorporate anadministrative permitrevision.NOT IN SIPB. Technical PermitRevisions1. Technical permitrevision procedures may beused only for:a. Permit revisionsthat incorporate a change inthe permit solely involving achange to monitoring, recordkeeping, or reportingrequirements by thepermittee, provided that theDepartment determines thatsuch change does not reduceB. Technical PermitRevisions1. Technical permitrevision procedures may beused only for:a. Permit revisionsthat incorporate a change inthe permit solely involving achange to monitoring, recordkeeping, or reportingrequirements by thepermittee, provided that theDepartment determines thatsuch change does not reduceB. Technical PermitRevisions[1.](1)Technicalpermit revision proceduresmay be used only for:[a.](a)Permitrevisions that incorporate achange in the permit solelyinvolving a change tomonitoring, record keeping,or reporting requirements bythe permittee, provided thatthe Department determinesthat such change does notB. Technical PermitRevisions(1) Technical permitrevision procedures may beused only for:(a) Permitrevisions that incorporate achange in the permit solelyinvolving a change tomonitoring, record keeping,or reporting requirements bythe permittee, provided thatthe Department determinesthat such change does not113Current SIP-approvedLanguageMay 29, 1998 SIPSubmittalApril 11, 2002 SIPSubmittalApril 11, 2002 SIPSubmittalApril 25, 2005 SIPSubmittal(Baseline Regulatory Language) (01/07/1998 State Revisions)(01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/27/2003 State Revisions)the enforceability of thepermit;b. Permit revisionsthat incorporate a change inthe permit solely involvingadditional equipment with apotential emission rate of nomore than one (1) pound perhours for any pollutant forwhich a National or NewMexico Ambient Air QualityStandard had been set or one(1) pound per hour for anyVOC;c. Permit revisionsthat incorporate a change inthe permit solely involvingthe placement of permitconditions, includingemissions limitations, onsources which existing onAugust 31, 1972 and whichhave been regularly operatedsince that time;d. Modificationsthat replace an emissions unitfor which the allowableemissions limits have beenestablished in the permit,provided that the newemissions unit:(1) Is equivalentto the replaced emissionsunit, and serves the samethe enforceability of thepermit;b. Permit revisionsthat incorporate a change inthe permit solely involvingadditional equipment with apotential emission rate of nomore than one (1) pound perhour[s] for any pollutant forwhich a National or NewMexico Ambient Air QualityStandard had been set or one(1) pound per hour for anyVOC;c. Permit revisionsthat incorporate a change inthe permit solely involvingthe placement of permitconditions, includingemissions limitations, onsources which existing onAugust 31, 1972 and whichhave been regularly operatedsince that time;d. Modificationsthat replace an emissions unitfor which the allowableemissions limits have beenestablished in the permit,provided that the newemissions unit:(1) Is equivalentto the replaced emissionsunit, and serves the samereduce the enforceability ofthe permit;[b.](b)Permitrevisions that incorporate achange in the permit solelyinvolving additionalequipment with a potentialemission rate of no morethan one (1) pound per hourfor any pollutant for which aNational or New MexicoAmbient Air QualityStandard had been set or one(1) pound per hour for anyVOC;[c.](c)Permitrevisions that incorporate achange in the permit solelyinvolving the placement ofpermit conditions, includingemissions limitations, onsources which existing onAugust 31, 1972 and whichhave been regularly operatedsince that time;[d.](d)Modifications that replace anemissions unit for which theallowable emissions limitshave been established in thepermit, provided that the newemissions unit:[(1)](i)Isequivalent to the replacedreduce the enforceability ofthe permit;(b) Permitrevisions that incorporate achange in the permit solelyinvolving additionalequipment with a potentialemission rate of no morethan one (1) pound per hourfor any pollutant for which aNational or New MexicoAmbient Air QualityStandard had been set or one(1) pound per hour for anyVOC;(c) Permitrevisions that incorporate achange in the permit solelyinvolving the placement ofpermit conditions, includingemissions limitations, onsources which existing onAugust 31, 1972 and whichhave been regularly operatedsince that time;(d) Modificationsthat replace an emissions unitfor which the allowableemissions limits have beenestablished in the permit,provided that the newemissions unit:(i) Is equivalentto the replaced emissions114Current SIP-approvedLanguageMay 29, 1998 SIPSubmittalApril 11, 2002 SIPSubmittalApril 11, 2002 SIPSubmittalApril 25, 2005 SIPSubmittal(Baseline Regulatory Language) (01/07/1998 State Revisions)(01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/27/2003 State Revisions)function within the facilityand process;(2) Has the sameor lower capacity andpotential emission rates;(3) Has the sameor higher control efficiency,and stack parameters whichare at least as effective in thedispersion of air pollutants;(4) Would notresult in an increase of thepotential emission rate of anyother equipment at thefacility;(5) Shall besubject to the same or lowerallowable emissions limitsunder the permit, and to allother permit conditionswhich have applied to thereplaced emissions unit;(6) Would not,when operated underapplicable permit conditions,cause or contribute to aviolation of any National orNew Mexico Ambient AirQuality Standard; and(7) Would not,as determined by theDepartment, requireadditional permit conditionsin order to ensure thefunction within the facilityand process;(2) Has the sameor lower capacity andpotential emission rates;(3) Has the sameor higher control efficiency,and stack parameters whichare at least as effective in thedispersion of air pollutants;(4) Would notresult in an increase of thepotential emission rate of anyother equipment at thefacility;(5) Shall besubject to the same or lowerallowable emissions limitsunder the permit, and to allother permit conditionswhich have applied to thereplaced emissions unit;(6) Would not,when operated underapplicable permit conditions,cause or contribute to aviolation of any National orNew Mexico Ambient AirQuality Standard; and(7) Would not,as determined by theDepartment, requireadditional permit conditionsin order to ensure theemissions unit, and servesthe same function within thefacility and process;[(2)](ii)Has thesame or lower capacity andpotential emission rates;[(3)](iii)Has thesame or higher controlefficiency, and stackparameters which are at leastas effective in the dispersionof air pollutants;[(4)](iv)Wouldnot result in an increase ofthe potential emission rate ofany other equipment at thefacility;[(5)](v)Shall besubject to the same or lowerallowable emissions limitsunder the permit, and to allother permit conditionswhich have applied to thereplaced emissions unit;[(6)](vi)Wouldnot, when operated underapplicable permit conditions,cause or contribute to aviolation of any National orNew Mexico Ambient AirQuality Standard; and[(7)](vii)Wouldnot, as determined by theDepartment, requireunit, and serves the samefunction within the facilityand process;(ii) Has the sameor lower capacity andpotential emission rates;(iii) Has thesame or higher controlefficiency, and stackparameters which are at leastas effective in the dispersionof air pollutants;(iv) Would notresult in an increase of thepotential emission rate of anyother equipment at thefacility;(v) Shall besubject to the same or lowerallowable emissions limitsunder the permit, and to allother permit conditionswhich have applied to thereplaced emissions unit;(vi) Would not,when operated underapplicable permit conditions,cause or contribute to aviolation of any National orNew Mexico Ambient AirQuality Standard; and(vii) Would not,as determined by theDepartment, require115Current SIP-approvedLanguageMay 29, 1998 SIPSubmittalApril 11, 2002 SIPSubmittalApril 11, 2002 SIPSubmittalApril 25, 2005 SIPSubmittal(Baseline Regulatory Language) (01/07/1998 State Revisions)(01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/27/2003 State Revisions)enforceability of the permit,such as additional recordkeeping or reporting to showcompliance; ore. Permit revisionsthat make adjustments to theemissions limitations basedon the result of the initialcompliance test(s), providedthat:(1) The test isperformed in accordancewith permit conditions;(2) Suchadjustment occurs within six(6) months of the compliancetest;(3) No othersuch adjustment has occurredsince the most recent permitissuance or reissuance;(4) Suchadjustment does not: alterany other permit condition;trigger additionalrequirements under any otherPart, including Part 74 –Prevention of SignificantDeterioration; or result inallowable emissions whichcould contribute to aviolation of any National orNew Mexico Ambient AirQuality Standard;enforceability of the permit,such as additional recordkeeping or reporting to showcompliance; ore. Permit revisionsthat make adjustments to theemissions limitations basedon the result of the initialcompliance test(s), providedthat:(1) The test isperformed in accordancewith permit conditions;(2) Suchadjustment occurs within six(6) months of the compliancetest;(3) No othersuch adjustment has occurredsince the most recent permitissuance or reissuance;(4) Suchadjustment does not: alterany other permit condition;trigger additionalrequirements under any otherPart, including Part 74 –Prevention of SignificantDeterioration; or result inallowable emissions whichcould contribute to aviolation of any National orNew Mexico Ambient AirQuality Standard;additional permit conditionsin order to ensure theenforceability of the permit,such as additional recordkeeping or reporting to showcompliance; or[e.](e)Permitrevisions that makeadjustments to the emissionslimitations based on theresult of the initialcompliance test(s), providedthat:[(1)](i)The testis performed in accordancewith permit conditions;[(2)](ii)Suchadjustment occurs within six(6) months of the compliancetest;[(3)](iii)Noother such adjustment hasoccurred since the mostrecent permit issuance orreissuance;[(4)](iv)Suchadjustment does not: alterany other permit condition;trigger additionalrequirements under any otherPart, including [Part 74–]20.2.74 NMAC (Preventionof SignificantDeterioration);or result in allowableadditional permit conditionsin order to ensure theenforceability of the permit,such as additional recordkeeping or reporting to showcompliance; [or](e) Permitrevisions that makeadjustments to the emissionslimitations based on theresult of the initialcompliance test(s), providedthat:(i) The test isperformed in accordancewith permit conditions;(ii) Suchadjustment occurs within six(6) months of the compliancetest;(iii) No othersuch adjustment has occurredsince the most recent permitissuance or reissuance;(iv) Suchadjustment does not: alterany other permit condition;trigger additionalrequirements under any otherPart, including 20.2.74NMAC (Prevention ofSignificant Deterioration); orresult in allowable emissionswhich could contribute to a116Current SIP-approvedLanguageMay 29, 1998 SIPSubmittalApril 11, 2002 SIPSubmittalApril 11, 2002 SIPSubmittalApril 25, 2005 SIPSubmittal(Baseline Regulatory Language) (01/07/1998 State Revisions)(01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/27/2003 State Revisions)(5) Such requestdoes not increase thepermitted allowableemissions of the unit(s) onwhich the initial compliancetest(s) have been performedby more than ten (10)percent; and(6) Where thepermit fee calculated underPart 75 – ConstructionPermit Fees would have beengreater if it had been basedon the potential emission rateas indicated by thecompliance test, the balanceof the permit fee is submittedas part of the technicalpermit revision application;2. A request for atechnical permit revisionshall be accomplished byfiling a certified writtennotification of the proposedrevision with the Departmenton forms provided by theDepartment and shall includeall information required bythe Department to review therequest. The certificationshall be made as requiredunder Section 203.A.10 ofthis Part;3. The Department(5) Such requestdoes not increase thepermitted allowableemissions of the unit(s) onwhich the initial compliancetest(s) have been performedby more than ten (10)percent; and(6) Where thepermit fee calculated underPart 75 – ConstructionPermit Fees would have beengreater if it had been basedon the potential emission rateas indicated by thecompliance test, the balanceof the permit fee is submittedas part of the technicalpermit revision application;2. A request for atechnical permit revisionshall be accomplished byfiling a certified writtennotification of the proposedrevision with the Departmenton forms provided by theDepartment and shall includeall information required bythe Department to review therequest. The certificationshall be made as requiredunder Section [203.A.10]203.A.12of this Part;3. The Departmentemissions which couldcontribute to a violation ofany National or New MexicoAmbient Air QualityStandard;[(5)](v)Suchrequest does not increase thepermitted allowableemissions of the unit(s) onwhich the initial compliancetest(s) have been performedby more than ten (10)percent; and[(6)](vi)Wherethe permit fee calculatedunder [Part 75–] 20.2.75NMAC (Construction PermitFees)would have beengreater if it had been basedon the potential emission rateas indicated by thecompliance test, the balanceof the permit fee is submittedas part of the technicalpermit revision application;[2.](2)A request for atechnical permit revisionshall be accomplished byfiling a certified writtennotification of the proposedrevision with the Departmenton forms provided by theDepartment and shall includeall information required byviolation of any National orNew Mexico Ambient AirQuality Standard;(v) Such requestdoes not increase thepermitted allowableemissions of the unit(s) onwhich the initial compliancetest(s) have been performedby more than ten (10)percent; and(vi) Where thepermit fee calculated under20.2.75 NMAC(Construction Permit Fees)would have been greater if ithad been based on thepotential emission rate asindicated by the compliancetest, the balance of the permitfee is submitted as part of thetechnical permit revisionapplication;(f) Permitrevisions that incorporate achange in the permit solelyinvolving the addition of airpollutant control equipmentor the substitution of adifferent type of air pollutioncontrol equipment to existingequipment providing thatsuch addition or substitutionshall not result in an increase117Current SIP-approvedLanguageMay 29, 1998 SIPSubmittalApril 11, 2002 SIPSubmittalApril 11, 2002 SIPSubmittalApril 25, 2005 SIPSubmittal(Baseline Regulatory Language) (01/07/1998 State Revisions)(01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/27/2003 State Revisions)shall approve or deny thetechnical permit revision, orinform the applicant that therequest must be submitted asa significant permit revision:a. Within thirty(30) days of receipt of thecomplete application; orb. If in response tosignificant public interest theDepartment holds a publicmeeting regarding thetechnical permit revision,within sixty (60) days ofreceipt of the completeapplication;4. The Departmentmay deny an application fora technical permit revision orrequire that such applicationbe submitted as a significantpermit revisions if:a. Such revisiondoes not meet the criteria ofthis Section;b. In the judgmentof the Department therevision would require adecision on a significant orcomplex issue; orc. In the judgmentof the Department thepermittee has submittedmultiple or subsequentshall approve or deny thetechnical permit revision, orinform the applicant that therequest must be submitted asa significant permit revision:a. Within thirty(30) days of receipt of the[complete] application; orb. If in response tosignificant public interest theDepartment holds a publicmeeting regarding thetechnical permit revision,within sixty (60) days ofreceipt of the [complete]application;4. The Departmentmay deny an application fora technical permit revision orrequire that such applicationbe submitted as a significantpermit revisions if:a. Such revisiondoes not meet the criteria ofthis Section;b. In the judgmentof the Department therevision would require adecision on a significant orcomplex issue; orc. In the judgmentof the Department thepermittee has submittedmultiple or subsequentthe Department to review therequest. The certificationshall be made as requiredunder [Section 203.A.12 ofthis Part] Paragraph 12 ofSubsection A of 20.2.72.203NMAC;[3.](3)The Departmentshall approve or deny thetechnical permit revision, orinform the applicant that therequest must be submitted asa significant permit revision:[a.](a)Withinthirty (30) days of receipt ofthe application; or[b.](b)If inresponse to significant publicinterest the Department holdsa public meeting regardingthe technical permit revision,within sixty (60) days ofreceipt of the application;[4.](4)The Departmentmay deny an application fora technical permit revision orrequire that such applicationbe submitted as a significantpermit revisions if:[a.](a)Suchrevision does not meet thecriteria of this Section;[b.](b)In thejudgment of the Departmentin the potential emission rateof more than one (1) poundper hour for any pollutant forwhich a National or NewMexico Ambient Air QualityStandard has been set, or one(1) pound per hour for totalVOCs; or(g) Permitrevisions that incorporateterms and conditions in thepermit, such as a cap onhours of operation,limitations on throughput ofa specific product orproducts, or limitations onequipment capacity, for thepurpose of reducing thepotential emission rate of aunit or source.(2) A request for atechnical permit revisionshall be accomplished byfiling a certified writtennotification of the proposedrevision with the Departmenton forms provided by theDepartment and shall includeall information required bythe Department to review therequest. The certificationshall be made as requiredunder Paragraph 12 ofSubsection A of 20.2 .72.203118Current SIP-approvedLanguageMay 29, 1998 SIPSubmittalApril 11, 2002 SIPSubmittalApril 11, 2002 SIPSubmittalApril 25, 2005 SIPSubmittal(Baseline Regulatory Language) (01/07/1998 State Revisions)(01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/27/2003 State Revisions)applications for technicalpermit revisions under thisPart that segment a largerrevision or modification thatwould not be eligible fortechnical permit revision;5. The technicalpermit revision shall becomeeffective upon writtenapproval from theDepartment;6. Technical permitrevisions shall not be subjectto the public notificationrequirements under Section203.B.1, 4, and 5 and 206 ofthis Part. The Departmentshall attach the technicalpermit revision to the permit.applications for technicalpermit revisions under thisPart that segment a largerrevision or modification thatwould not be eligible fortechnical permit revision;5. The technicalpermit revision shall becomeeffective upon writtenapproval from theDepartment;6. Technical permitrevisions shall not be subjectto the public notificationrequirements under Section203.B.1, 4, and 5 and 206 ofthis Part. The Departmentshall attach the technicalpermit revision to the permit.the revision would require adecision on a significant orcomplex issue; or[c.](c)In thejudgment of the Departmentthe permittee has submittedmultiple or subsequentapplications for technicalpermit revisions under thisPart that segment a largerrevision or modification thatwould not be eligible fortechnical permit revision;[5.](5)The technicalpermit revision shall becomeeffective upon writtenapproval from theDepartment;[6.](6)Technicalpermit revisions shall not besubject to the publicnotification requirementsunder [Section 203.B.1, 4,and 5 and 206 of this Part]Paragraphs 1, 4 and 5 ofSubsection B of 20.2.72.203NMAC, and 20.2.72.206NMAC. The Departmentshall attach the technicalpermit revision to the permit.NMAC;(3) The Departmentshall approve or deny thetechnical permit revision, orinform the applicant that therequest must be submitted asa significant permit revision:(a) Within thirty(30) days of receipt of theapplication; or(b) If in responseto significant public interestthe Department holds apublic meeting regarding thetechnical permit revision,within sixty (60) days ofreceipt of the application;(4) The Departmentmay deny an application fora technical permit revision orrequire that such applicationbe submitted as a significantpermit revisions if:(a) Such revisiondoes not meet the criteria ofthis Section;(b) In thejudgment of the Departmentthe revision would require adecision on a significant orcomplex issue; or(c) In thejudgment of the Departmentthe permittee has submitted119Current SIP-approvedLanguageMay 29, 1998 SIPSubmittalApril 11, 2002 SIPSubmittalApril 11, 2002 SIPSubmittalApril 25, 2005 SIPSubmittal(Baseline Regulatory Language) (01/07/1998 State Revisions)(01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/27/2003 State Revisions)multiple or subsequentapplications for technicalpermit revisions under thisPart that segment a largerrevision or modification thatwould not be eligible fortechnical permit revision;(5) The technicalpermit revision shall becomeeffective upon writtenapproval from theDepartment;(6) Technical permitrevisions shall not be subjectto the public notificationrequirements underParagraphs 1, 4 and 5 ofSubsection B of 20.2 .72.203NMAC, and 20.2 .72.206NMAC. The Departmentshall attach the technicalpermit revision to the permit.NOT IN SIPC. [RESERVED] No Change No Change No ChangeNOT IN SIPD. Significant PermitRevisions1. A significant permitrevision is required for anymodification to a source, andfor revisions to any term orcondition of such permit,including but not limited toemissions limitation, controltechnology, operatingconditions, and monitoringNo ChangeD. Significant PermitRevisions[1.](1)A significantpermit revision is requiredfor any modification to asource, and for revisions toany term or condition of suchpermit, including but notlimited to emissionslimitation, controltechnology, operatingNo Change120Current SIP-approvedLanguageMay 29, 1998 SIPSubmittalApril 11, 2002 SIPSubmittalApril 11, 2002 SIPSubmittalApril 25, 2005 SIPSubmittal(Baseline Regulatory Language) (01/07/1998 State Revisions)(01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/27/2003 State Revisions)requirements;a. Do not meet thecriteria under the provisionsfor administrative ortechnical permit revisionsunder Sections 219.A or B;orb. Meet theapplicability criteria underSection 402 of this Partregarding toxic air pollutants.2. Applications forsignificant permit revisionsshall meet all requirements ofthis Part for permits and shallbe processed in accordancewith the public notice,review, and hearingprocedures set forth in thisPart for such permits.conditions, and monitoringrequirements;[a.](a)Do notmeet the criteria under theprovisions for administrativeor technical permit revisionsunder [Sections 219.A or B]Subsections A or B of20.2.72.219 NMAC; or[b.](b)Meet theapplicability criteria under[Section 402 of this Part]20.2.72.402 NMACregarding toxic air pollutants.[2.](2)Applications forsignificant permit revisionsshall meet all requirementsof this Part for permits andshall be processed inaccordance with the publicnotice, review, and hearingprocedures set forth in thisPart for such permits.Section 219 contains the provisions related to permit revisions procedures andrequirements under Part 72 – Construction Permits.Revisions to this section were included in the following SIP submittal(s): May 29, 1998, April 11, 2002, and April 25, 2005.The May 29, 1998 revisions include the additionof Section 219, which contains provisionsrelated to Permit Revisions. In thecurrent SIP-approved Part 72 permit revisions are addressed in Section 202. However, the May 29, 1998 revisions moved theexisting permit revision provisions in Section 202 to Section 219 and added additional provisions. The new Section 219 separatespermit revisions into three types of permit revisions – Administrative, Technical, and Significant. The provisions in this sectionidentify what types of permit actions wouldmeet each different tier of permit revisions. Section 219 also includes a listingofrequirements that apply to each specific permit revisions tier. A more detailed discussion of our review of the tiered permit121revisions approach establishedunder Section 219 and the differences in the applicable requirements for the tiers is found inSection III.E of this TSD.The first set of revisions toSection 219 contained in the April 11, 2002 submittal includes updates to cross references to otherprovisions in Part 72 as a result of revisions to other sections in the Part. Thisrevision also removes some language that NMEDdid not feel was necessary based on update toother sections contained in Part 72.The second set of revisions to Section 219contained in the April 11, 2002 submittal includes formatting changes to the sectiontitle, references to other NMACprovisions, and list numberingcontained in the section. The formatting changes were a resultofPart 72 being reformatted to be consistent with other formatting updates found in the NMAC.The April 25, 2005 revisions to Section 219 include the additionof two permit actions that would qualify as Technical permitrevisions and would not have to meet all of the requirementsfor a Significant permit revision. Both of these added permittingactions have either very small (<1 lb/hr) increases in potential emissions orno increases in potential emissions.These revisions to add Section 219 do substantively change the New Mexico construction permitting provisions, specifically bycreating a tiered permit revisionsapproach for Minor NSR revisions. However,based on our review as discussed above and inSection III.E of this TSD, these revisions, as compared with the current New Mexico SIP, do notaffect the ability of the provisionsto meet federal requirements for SIP-approved permitting plans.Table C.XXX: Revisions to Section 220 – General PermitsCurrent SIP-approved LanguageMay 29, 1998SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(04/22/1998State Revisions)(02/02/2001 State Revisions)NOT IN SIP220. GENERAL PERMITS:[220.] 20.2.72.220GENERAL PERMITS:NOT IN SIPA. Issuance of General Construction Permits.1. The Department may, after notice underSection 206.A of this Part and a public hearingwith opportunity for public participation underSection 206.B of this Part, issue one or moregeneral construction permits, each coveringnumerous similar sources. Sources registered forcoverage under a general permit shall be generallyhomogeneous in terms of operations, processesand emissions, subject to the same or substantiallysimilar requirements, and not subject to case-bycase standards or requirements.2. Each general construction permit shall:A. Issuance of General Construction Permits.:[1.](1)The Department may, after noticeunder [Section206.A of this Part] Subsections Aand B of 20.2.72.206 NMACand a public hearingwith opportunity for public participation under[Section 206.B of this Part] Subsection C of20.2.72.206 NMACissue one or more generalconstruction permits, each covering numeroussimilar sources. Sources registered for coverageunder a general permit shall be generallyhomogeneous in terms of operations, processesand emissions, subject to the same or substantiallysimilar requirements, and not subject to case-by-122Current SIP-approved LanguageMay 29, 1998SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(04/22/1998State Revisions)(02/02/2001 State Revisions)a. Describe which sources may qualifyto register under the general construction permit;b. Specify the contents of a completeapplication to register under the generalconstruction permit. The Department may, in thegeneral construction permit, provide forapplications which deviate from the requirementsunder Section 203 of this Part (Contents ofApplication), provided that such applicationsinclude:(1) All information necessary todemonstrate qualification for, and to assurecompliance with, the general construction permits;and(2) Applicant’s public noticerequirements including,at a minimum, a notice:(a) Published once in the legalnotices section of a newspaper in generalcirculation in the county or counties in which theproperty on which the facility is proposed to beconstructed or operated is located; and(b) Posted at the proposed orexisting facility entrancein a publicly accessibleand conspicuous place onthe property on whichthe facility is, or is proposed to be, located, untilthe general permit registration is granted or denied;c. Contain permit terms and conditionswhich apply to all sources registered under thegeneral construction permit, and which include:(1) Sufficient terms and conditions toassure that all sources registered under andoperating in accordance with the generalconstruction permit will meet all applicablerequirements under the federal Act, the NewMexico Air Quality Control Act and this Chaptercase standards or requirements.[2.](2)Each general construction permitshall:[a.](a)Describe which sources mayqualify to register under the general constructionpermit;[b.](b)Specify the contents of acomplete application to register under the generalconstruction permit. The Department may, in thegeneral construction permit, provide forapplications which deviate from the requirementsunder [Section 203 of this Part (Contents ofApplication)] 20.2.72.203 NMAC, provided thatsuch applications include:[(1)](i)All information necessary todemonstrate qualification for, and to assurecompliance with, the general construction permits;and[(2)](ii)Applicant’s public noticerequirements including,at a minimum, a notice:[(]a) Published once in the legal notices section ofa newspaper in general circulation in the county orcounties in which the property on which thefacility is proposed to be constructed or operated islocated; and [(]b) Posted at the proposed orexisting facility entrancein a publicly accessibleand conspicuous place onthe property on whichthe facility is, or is proposed to be, located, untilthe general permit registration is granted ordenied;[c.](c)Contain permit terms andconditions which apply to all sources registeredunder the general construction permit, and whichinclude:[(1)](i)Sufficient terms and123Current SIP-approved LanguageMay 29, 1998SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(04/22/1998State Revisions)(02/02/2001 State Revisions)(Air Quality), including Parts 74 –Prevention ofSignificant Deterioration, 77 –New SourcePerformance Standards, 78 –Emission Standardsfor Hazardous Air Pollutants, 79 –Permits –Nonattainment Areas, and 82 –MaximumAchievable Control Technology Standards forSources Categories of Hazardous Air Pollutants,and will not cause or contribute to air contaminantlevels in excess of any National or New MexicoAmbient Air Quality Standard; and(2) Monitoring, record keeping andreporting requirements appropriate to the sourceand sufficient to ensure compliance with thegeneral construction permit. At a minimum, thegeneral permit shall specify where the recordsshall be maintained, how long the records shall beretained and that all records or reports shall bemade available upon request by the Department;(3) As appropriate, terms andconditions to address and report emissionsoccurring during upsets, startups and maintenance;andd. Specify that any document, includingany application form, report, compliancecertification and supporting data, submittedpursuant to this Section (220) shall contain acertification that meets the requirements of Section203.A.10 of this Part.conditions to assure that all sources registeredunder and operating in accordance with the generalconstruction permit will meet all applicablerequirements under the federal Act, the NewMexico Air Quality Control Act and this Chapter(Air Quality), including [Parts 74–] 20.2.74NMAC (Prevention of Significant Deterioration,[77–] 20.2.77 NMAC (New Source PerformanceStandards, [78–] 20.2.78 NMAC(EmissionStandards for HazardousAir Pollutants, [79–]20.2.79 NMAC (Permits – Nonattainment Areas,and [82–] 20.2.82 NMAC (Maximum AchievableControl Technology Standards for SourcesCategories of HazardousAir Pollutants, and willnot cause or contribute to air contaminant levels inexcess of any National or New Mexico AmbientAir Quality Standard; and[(2)](ii)Monitoring, record keepingand reporting requirements appropriate to thesource and sufficient toensure compliance withthe general construction permit. At a minimum,the general permit shall specify where the recordsshall be maintained, how long the records shall beretained and that all records or reports shall bemade available upon request by the Department;[(3)](iii)As appropriate, terms andconditions to address and report emissionsoccurring during upsets, startups and maintenance;and[d.](d)Specify that any document,including any application form, report, compliancecertification and supporting data, submittedpursuant to this [S]section ([220] 20.2.72.220NMAC) shall contain a certification that meets therequirements of [Section 203.A.10 of this Part]124Current SIP-approved LanguageMay 29, 1998SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(04/22/1998State Revisions)(02/02/2001 State Revisions)Paragraph 10 of Subsection A of 20.2.72.203NMAC.NOT IN SIPB. Revisions to a General Construction Permits.1. The Department may, after notice underSection 206.A and a public hearing withopportunity for public participation under Section206.B, revise a general construction permit.Notice of the proposed revision shall also be sentto the owner or operatorof all sources registeredunder the general construction permit.2. Revisions to a general construction permitshall include a reasonable transition schedule forexisting registered sources to comply with therevised permit. The Department shall revise thegeneral permit terms and conditions only to theextent necessary to ensurethat the requirements ofParagraph A.2.c of this Section (220) are met.B. Revisions to a General Construction Permits.:[1.](1)The Department may, after noticeunder [Section 206.A] Subsections A and B of20.2.72.206 NMACand a public hearing withopportunity for public participation under [Section206.B] Subsection C 20.2.72.206 NMAC, revise ageneral construction permit. Notice of theproposed revision shall also be sent to the owneror operator of all sources registered under thegeneral construction permit.[2.](2)Revisions to a general constructionpermit shall include a reasonable transitionschedule for existing registered sources to complywith the revised permit. The Department shallrevise the general permit terms and conditionsonly to the extent necessary to ensure that therequirements of [Paragraph A.2.c of this Section(220)] Sub-paragraph (c) of Paragraph 2 ofSubsection A of 20.2.72.220 NMACare met.NOT IN SIPC. Registration Under a General ConstructionPermit.1. The owner or operator of a sourcerequired to obtain a permit pursuant to this Partand which qualifies to register under a generalconstruction permit shall either:a. Apply to the Department to registerunder the terms of the general construction permit;orb. Apply for a construction permit underSection 200 of this Part.2. Within thirty (30) days of receiving anapplication to register under a general constructionpermit, the Department shall review theC. Registration Under a General ConstructionPermit.:[1.](1)The owner or operator of a sourcerequired to obtain a permit pursuant to this Partand which qualifies to register under a generalconstruction permit shall either:[a.](a)Apply to the Department toregister under the terms of the general constructionpermit; or[b.](b)Apply for a construction permitunder [Section 200 ofthis Part] 20.2.72.200NMAC.[2.](2)Within thirty (30) days of receivingan application to register under a general125Current SIP-approved LanguageMay 29, 1998SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(04/22/1998State Revisions)(02/02/2001 State Revisions)application for completeness and shall grant ordeny the registration. The Department shall notgrant the registration until at least fifteen (15)days after the date the applicant’s public noticewas initiated. The Department shall notify theapplicant of its determination by certified mail.The Department shall attach a copy of the generalconstruction permit to registration approvals.3. The Department shall grant registrationunder a general permit to a source only if:a. The application is complete andmeets the requirements of this Section (220); andb. The source meets the terms andconditions of the general permit.4. The Department may grant or deny anapplication to register under a general constructionpermit without repeating the public notice andparticipation proceduresrequired under Section206 of this Part.5. Administrative review under § 74-2-7.Hthrough L NMSA 1978 shall be available for adetermination made by the Department of whetheror not a source qualifies to register for coverageunder a general construction permit. However,administrative review of a registration forcoverage under a general construction permit shallnot extend to administrative review of the generalpermit itself. Administrative review of the generalconstruction permit shall be available under §74-2-7.H through L NMSA 1978 only upon issuance orrevision of the general permit as a permittingaction.6. Sources shall be subject to enforcementaction for construction without a permit if:a. Construction of a source isconstruction permit, the Department shall reviewthe application for completeness and shall grant ordeny the registration. The Department shall notgrant the registration until at least fifteen (15)days after the date the applicant’s public noticewas initiated. The Department shall notify theapplicant of its determination by certified mail.The Department shall attach a copy of the generalconstruction permit to registration approvals.[3.](3)The Department shall grantregistration under a generalpermit to a source onlyif:[a.](a)The application is complete andmeets the requirements of this [S]section ([220]20.2.72.220 NMAC); and[b.](b)The source meets the terms andconditions of the general permit.[4.](4)The Department may grant or denyan application to register under a generalconstruction permit without repeating the publicnotice and participation procedures required under[Section 206 of this Part] 20.2.72.206 NMAC.[5.](5)Administrative review under § 74-2-7.H through L NMSA 1978 shall be available for adetermination made by the Department of whetheror not a source qualifies to register for coverageunder a general construction permit. However,administrative review of a registration forcoverage under a general construction permit shallnot extend to administrative review of the generalpermit itself. Administrative review of the generalconstruction permit shall be available under §74-2-7.H through L NMSA 1978 only upon issuance orrevision of the general permit as a permittingaction.126Current SIP-approved LanguageMay 29, 1998SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(04/22/1998State Revisions)(02/02/2001 State Revisions)commenced prior to the receipt of theDepartment’s written approval of registrationunder a general construction permit; orb. It is determined after constructioncommences that a source does not qualify forcoverage under the general construction permit.7. A general permit registration may becanceled, consistent with the provisions of Section211 of this Part, for any source which ceasesoperation for five years or more, or permanently,and for any source for which the construction ormodification is not commenced within two yearsfrom the date of issuance or, if during theconstruction or modification, work is suspendedfor a total of one year. The owner or operator shallnotify the Department of the anticipated and actualstartup of a source, consistent with the provisionsof Section 212 of this Part.[6.](6)Sources shall be subject toenforcement action for construction without apermit if:[a.](a)Construction of a source iscommenced prior to the receipt of theDepartment’s written approval of registrationunder a general construction permit; or[b.](b)It is determined afterconstruction commences that a source does notqualify for coverage under the general constructionpermit.[7.](7)A general permit registration may becanceled, consistent with the provisions of[Section 211 of this Part] 20.2.72.211 NMAC, forany source which ceases operation for five years ormore, or permanently, and for any source forwhich the construction or modification is notcommenced within two years from the date ofissuance or, if during the construction ormodification, work is suspended for a total of oneyear. The owner or operator shall notify theDepartment of the anticipated and actual startup ofa source, consistent with the provisions of [Section212 of this Part] 20.2.72.212 NMAC.NOT IN SIPD. Modifications to Sources Registered Under aGeneral Construction Permit.Each general construction permit shallprovide that, prior to modification of a sourceswhich is registered under a general constructionpermit, the owner or operator shall:1. For those modifications for which thefacility will continue to meet the conditions of thegeneral construction permit after the modification,notify the Department in writing of suchmodification; andD. Modifications to Sources Registered Under aGeneral Construction Permit.:Each general construction permit shallprovide that, prior to modification of a sourceswhich is registered under a general constructionpermit, the owner or operator shall:[1.](1)For those modifications for which thefacility will continue to meet the conditions of thegeneral construction permit after the modification,notify the Department in writing of suchmodification; and127Current SIP-approved LanguageMay 29, 1998SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(04/22/1998State Revisions)(02/02/2001 State Revisions)2. For those modifications for which thesource will not continue to meet the conditions ofthe general construction permit after suchnotification, obtain a construction permit from theDepartment under this Part prior to themodification.[2.](2)For those modifications for which thesource will not continue to meet the conditions ofthe general construction permit after suchnotification, obtain a construction permit from theDepartment under this Part prior to themodification.Section 220 contains the provisions related to the general permits program under Part 72 – Construction Permits.Revisions to this section were included in the following SIP submittal(s): May 29, 1998, and April 11, 2002.The May 29, 1998 revisions include the addition of Section 220. The current SIP-approved Part 72 does not contain provisionsrelated to a general permits program. These new provisions address the process ofdeveloping general permits, revising generalpermit requirements, registering sources under general permits, and modifications to sources authorized under a general permit.Amore detailed discussion of our review of the general permitsprogram established under Section220 is found in Section III.E ofthis TSD.The April 11, 2002 revisions to Section 220 include formatting changes to the section title, references to other NMAC provisions,and list numbering contained in the section. The formatting changeswere a result of Part 72 being reformatted to be consistentwith other formatting updates found in the NMAC.These revisions to add Section 220 do substantively change the New Mexico construction permitting provisions, specifically byadding a general construction permitting program that is not part ofthe current SIP. However, based on our review as discussedabove and in Section III.E of this TSD, these revisions, as compared with the current New Mexico SIP, do not affect the abilityofthe provisions to meet federal requirements for SIP-approved permitting plans.Table C.XXXI: Revisions to Section 300 – DefinitionsCurrent SIP-approved Language November 6, 1998April 11, 2002 SIP Submittal(Baseline Regulatory Language)(11/14/1998State Revisions)(02/02/2001 State Revisions)300. DEFINITIONS: In addition to thedefinitions in Section 107, the followingdefinitions apply to this Subpart:No Change [300.] 20.2.72.300DEFINITIONS: In addition tothe definitions in [Section 107] 20.2.72.7 NMAC,the following definitions apply to this [Subpart]20.2.72.300 NMAC - 20.2.72.399 NMAC:A. "Compressor station" means a facility whoseprimary function is the extraction of crude oil,No Change No Change128Current SIP-approved Language November 6, 1998April 11, 2002 SIP Submittal(Baseline Regulatory Language)(11/14/1998State Revisions)(02/02/2001 State Revisions)natural gas, or water from the earth withcompressors, or movement of any fluid, includingcrude oil or natural gas, or products refined fromthese substances through pipelines or the injectionof natural gas or CO2 back into the earth usingcompressors. A compressor station may includeengines to generate power in conjunction with theother functions of extraction, injection ortransmission and may contain emergency flares. Acompressor station may have auxiliary equipmentwhich emits small quantities of regulated aircontaminants, including but not limited to,separators, de-hydration units, heaters, treaters andstorage tanks, provided the equipment is locatedwithin the same property boundaries as thecompressor engine.B. "Good engineering practice stack height"means HGEP = H + 1.5L, where H equals theheight of any building or obstruction within 5L ofthe stack, and L equals the lesser of the height ormaximum projected width of the building orobstruction.No Change No ChangeC. "Impact area" means the circular area with aradius extending from the source to the mostdistant point where the total potential emissionsfrom the facility will cause a significant ambientimpact (i.e., equal or exceed the applicablesignificant ambient impact level in Part 72, Section500, TABLE 1 ).No Change C. "Impact area"means the circular area with aradius extending from the source to the mostdistant point where the total potential emissionsfrom the facility will cause a significant ambientimpact (i.e., equal or exceed the applicablesignificant ambient impact level in [Part 72,Section 500, TABLE 1 )]20.2.72.500 NMAC.D. "Maximum projected width" means the largestcrosswind building or obstruction dimension.No Change No ChangeE. "Potential to emit" or "potential emissions"means the maximum capacity of a stationarysource to emit a regulated air contaminant underits physical and operational design. Any physicalE. "Potential to emit" or "potential emissions"means the maximum capacity of a stationarysource to emit a regulated air contaminant underits physical and operational design. Any physicalNo Change129Current SIP-approved Language November 6, 1998April 11, 2002 SIP Submittal(Baseline Regulatory Language)(11/14/1998State Revisions)(02/02/2001 State Revisions)or operational limitation on the capacity of thesource to emit a regulated air contaminant,including air pollution control equipment andrestrictions on hours of operation or on the type oramount of material combusted, stored, orprocessed, shall be treated as of its design if thelimitations or the effect it would have on emissionsis federally enforceable. Secondary emissions donot count in determining the potential to emit of astationary source.or operational limitation on the capacity of thesource to emit a regulated air contaminant,including air pollution control equipment andrestrictions on hours of operation or on the type oramount of material combusted, stored, orprocessed, shall be treated as partof its design ifthe limitations or the effect it would have onemissions is federally enforceable. Secondaryemissions do not count in determining the potentialto emit of a stationary source.F. "Secondary emissions" means emissions of anair contaminant which occur as a result of theconstruction or operation of a stationary source ormodification, but do not come from the stationarysource or modification itself. Secondary emissionsmust be specific, well defined, quantifiable, andimpact the same general areas as the stationarysource or modification which causes the secondaryemissions. Secondary emissions include emissionsfrom any offsite support facility which would notbe constructed or increase its emissions except as aresult of the construction or operation of thestationary source or modification. Secondaryemissions do not include any emissions whichcome directly from a mobile source, such asemissions from the tailpipe of a motor vehicle,from a train, or from a vessel.No Change No ChangeG. "SUM" means the sum of the potentialemissions for oxides of nitrogen from all adjacentsources.No Change No ChangeH. "SUM15" means the sum of the potentialemissions for oxides of nitrogen from all adjacentsources within 15 km ofthe NO2 impact area.No Change No ChangeI. "SUM25" means the sum of the potentialemissions for oxides of nitrogen from all adjacentNo ChangeNo Change130Current SIP-approved Language November 6, 1998April 11, 2002 SIP Submittal(Baseline Regulatory Language)(11/14/1998State Revisions)(02/02/2001 State Revisions)sources within 25 km ofthe NO2 impact area.J. "Sweet natural gas" means natural gascontaining no more than 0.25 grains of hydrogensulfide per 100 standard cubic feet of gas.No Change No ChangeSection 300 provides definitions ofvarious terms used in the previsions related to the permit streamlining process for sourceclasscategories under Part 72 – Construction Permits.Revisions to this section were included in the following SIP submittal(s): November 6, 1998, and April 11, 2002.The November 6, 1998 revisions to Section 300corrected a typographical error that was made in the previously adopted version ofthe section.The April 11, 2002 revisions to Section 300 include formatting changes to the section title and references to other NMACprovisions contained in the section. The formatting changes were aresult of Part 72 being reformatted to be consistent with otherformatting updates found in the NMAC.These revisions to Section 300 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.XXXII: Revisions to Section 301 – ApplicabilityCurrent SIP-approved Language April 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(01/01/2000State Revisions)(02/02/2001 State Revisions)301. APPLICABILITY:No Change[301.] 20.2.72.301 APPLICABILITY:A. Any owner or operator intending to constructor modify a source which requires a permit underthe provisions of Part72, Section 200 may elect toobtain a permit under Part 72, Subpart III if thesource category is listed in Section 501, TABLE 2.No Change A. Any owner or operator intending to constructor modify a source which requires a permit underthe provisions of [Part72, Section 200] 20.2.72.200NMACmay elect to obtain a permit under [Part72, Subpart III] 20.2.72.300 NMAC - 20.2.72.399NMACif the source category is listed in [Section501,TABLE 2] 20.2.72.501 NMAC.B. Part 72, Subpart III shall not apply to:1. Any "major stationary source" asdefined in Part 74;2. Any facility, either before or afterconstruction or modification, with a total potentialto emit of any regulated air contaminant greaterNo Change B. [Part 72, Subpart III] 20.2.72.300 NMAC -20.2.72.399 NMACshall not apply to:[1.](1)Any "major stationary source" asdefined in [Part 74] 20.2.74 NMAC;[2.](2)Any facility, either before or afterconstruction or modification, with a total potential131Current SIP-approved LanguageApril 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(01/01/2000State Revisions)(02/02/2001 State Revisions)than 200 tons per year (tpy);3. Any source subject to the requirementsof Part 78 or Part 72, Subpart IV;4. Any reciprocating internal combustion(IC) engines and/or turbines located at petroleumrefineries, chemical manufacturing plants, bulkgasoline terminals, natural gas processing plants,or at any facility containing sources in addition toIC engines and/or turbines for which an air qualitypermit is required through state or federal airquality regulations;5. Any source which emits or proposes toemit those contaminants for which the impact areafrom the facility intersects an area, or for whichthe area itself is: 1) designated nonattainment forfederal ambient air quality standards; or 2)nonattainment for federal PSD increments or stateambient air quality standards according to ambientdata or air quality modeling; or 3) shown by airquality data or dispersion or other air qualitymodeling that air contaminants have consumedmore than 80% of state or federal ambient airquality standards or PSD increments for thoseareas where the baseline has been triggered for thespecific PSD increments;6. Any source with the nearest propertyboundary located less than:a. 1 kilometer (km) from a school,residence, office building,or occupied structure.Buildings and structures within the immediateindustrial complex of the source are not included.b. 3 km from the property boundary ofany state park, Class IIwilderness area, Class IInational wildlife refuge, national historic park,state recreation area,or community with ato emit of any regulated air contaminant greaterthan 200 tons per year (tpy);[3.](3)Any source subject to therequirements of [Part 78or Part 72, Subpart IV]20.2.78 NMAC or 20.2.72.400 NMAC -20.2.72.499 NMAC;[4.](4)Any reciprocating internalcombustion (IC) engines and/or turbines located atpetroleum refineries, chemical manufacturingplants, bulk gasoline terminals, natural gasprocessing plants, or at any facility containingsources in addition to IC engines and/or turbinesfor which an air quality permit is required throughstate or federal air quality regulations;[5.](5)Any source which emits or proposesto emit those contaminants for which the impactarea from the facility intersects an area, or forwhich the area itself is: 1) designatednonattainment for federal ambient air qualitystandards; or 2) nonattainment for federal PSDincrements or state ambient air quality standardsaccording to ambient data or air quality modeling;or 3) shown by air quality data or dispersion orother air quality modeling that air contaminantshave consumed more than 80% of state or federalambient air quality standards or PSD incrementsfor those areas where the baseline has beentriggered for the specific PSD increments;[6.](6)Any source with the nearest propertyboundary located less than:[a.](a)1 kilometer (km) from a school,residence, office building,or occupied structure.Buildings and structures within the immediateindustrial complex of the source are not included.[b.](b)3 km from the property boundary132Current SIP-approved LanguageApril 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(01/01/2000State Revisions)(02/02/2001 State Revisions)population of more than twenty-thousand people.c. 10 km from the boundary of anycommunity with a population of more than fortythousand people, ord. 30 km from the boundary of any ClassI area;7. Any source located in Bernalillo Countyor within 15 km of the Bernalillo County line.of any state park, Class IIwilderness area, Class IInational wildlife refuge, national historic park,state recreation area,or community with apopulation of more than twenty-thousand people.[c.](c)10 km from the boundary of anycommunity with a population of more than fortythousand people, or[d.](d)30 km from the boundary of anyClass I area;[7.](7)Any source located in BernalilloCounty or within 15 km of the Bernalillo Countyline.C. The following Sections of Part 72, Subpart IIapply to permit applications submitted pursuant toPart 72, Subpart III: Sections 200.A, 200.B, 200.Ethrough 200.H, 202, 204, 205, 206.B, 207.Cthrough 207.F, 208 through 212, 214, and 215.The remainder of Part 72, Subpart II does notapply to applications submitted pursuant toSubpart III.C. The following Sections of Part 72, Subpart IIapply to permit applications submitted pursuant toPart 72, Subpart III: Sections 200.A, 200.B, 200.Ethrough 200.H, 202, 204, 205, 206.B, [207.C]207.Dthrough [207.F] 207.G, 208 through 212,214, and 215. The remainder of Part 72, Subpart IIdoes not apply to applications submitted pursuantto Subpart III.C. The following [Sections of Part 72, Subpart II]sections and subsections of 20.2.72.200 NMAC -20.2.72.299 NMACapply to permit applicationssubmitted pursuant to [Part 72, Subpart III:Sections 200.A, 200.B, 200.E through 200.H, 202,204, 205, 206.B, 207.D through 207.G, 208through 212, 214, and 215] 20.2.72.300 NMAC -20.2.72.399 NMAC: Subsections A, B and Ethrough H of 20.2.72.200 NMAC, 20.2.72.202NMAC, 20.2.72.204 NMAC, 20.2.72.205 NMAC,Subsection C of 20.2.72.206 NMAC, SubsectionsD through G of 20.2.72.207 NMAC, 20.2.72.208NMAC, 20.2.72.209 NMAC, 20.2.72.210 NMAC,20.2.72.211 NMAC, 20.2.72.212 NMAC,20.2.72.214 NMAC and 20.2.72.215 NMAC. Theremainder of [Part 72, Subpart II] 20.2.72.200NMAC - 20.2.72.299 NMACdoes not apply toapplications submitted pursuant to [Subpart III]20.2.72.300 NMAC - 20.2.72.399 NMAC.D. Any source, including compressor stations,consisting of IC engines and/or turbines mustcomply with one of the following three criteria,Section 301.D.1, 301.D.2, 301.D.3, in order toNo Change D. Any source, including compressor stations,consisting of IC engines and/or turbines mustcomply with one of the following three criteria,[Section 301.D.1, 301.D.2, 301.D.3] Paragraph 1,133Current SIP-approved LanguageApril 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(01/01/2000State Revisions)(02/02/2001 State Revisions)qualify for source class permit streamlining underPart 72, Subpart III (In demonstrating compliancewith Section 301.D, the Department shall give nocredit for modeled reductions in ambient airconcentrations due to so much of a source's stackwhich exceeds good engineering stack height, orfifty (50) feet in situations where there are notobstructions or buildings associated with thesource):1. Thetotal potential to emit of eachregulated contaminant from all sources at thefacility shall be less than 40 tpy. The potential toemit for nitrogen dioxide shall be based on totaloxides of nitrogen; or2. Thetotal potential to emit of eachregulated contaminant from all emission sources atthe facility shall be less than 100 tons per year(tpy) and the impact on ambient air from allsources at the facility shall be less than theambient significance levels in Part 72, Section500, Table 1. The potential to emit for nitrogendioxide shall be based on total oxides of nitrogenexpressed as nitrogen dioxide; or3. The maximum modeled ambient impactfrom the total potential emissions at the facilityshall be less than 50 percent of each applicablePSD increment, for thoseareas where the baselinehas been triggered for the specific PSDincrements, and state and federal ambient airquality standards; anda. There shall be no adjacent sourcesemitting the same regulated air contaminant(s) asthe source within 2.5 km of the modeled nitrogendioxide (NO2) impact area; andb. The "sum of the potential emissions2, or 3 of Subsection D of 20.2.72.301 NMAC, inorder to qualify for source class permitstreamlining under [Part 72, Subpart III]20.2.72.300 NMAC - 20.2.72.399 NMAC(Indemonstrating compliance with [Section 301.D]Subsection D of 20.2.72.301 NMAC, theDepartment shall give no credit for modeledreductions in ambient air concentrations due to somuch of a source's stack which exceeds goodengineering stack height, or fifty (50) feet insituations where there are not obstructions orbuildings associated with the source):[1.](1)The total potential to emit of eachregulated contaminant from all sources at thefacility shall be less than 40 tpy. The potential toemit for nitrogen dioxide shall be based on totaloxides of nitrogen; or[2.](2)The total potential to emit of eachregulated contaminant from all emission sources atthe facility shall be less than 100 tons per year(tpy) and the impact on ambient air from allsources at the facility shall be less than theambient significance levels in [Part 72, Section500] 20.2.72.500 NMAC, Table 1. The potentialto emit for nitrogen dioxide shall be based on totaloxides of nitrogen expressed as nitrogen dioxide;or[3.](3)The maximum modeled ambientimpact from the total potential emissions at thefacility shall be less than 50 percent of eachapplicable PSD increment,for those areas wherethe baseline has been triggered for the specificPSD increments, and state and federal ambient airquality standards; and[a](a)There shall be no adjacent sources134Current SIP-approved LanguageApril 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(01/01/2000State Revisions)(02/02/2001 State Revisions)for oxides of nitrogen from all adjacent sources"(SUM) within 15 km of the NO2 impact area(SUM15) shall be less than 740 tpy; andc. The SUM25 within 25 km from theNO2 impact area shall be less than 1540 tpy.4. Modifications to the auxiliary emissiongenerating equipment at a facility qualifying andelecting source class permit streamlining maycommence without obtaining a permit for suchmodification as long as the total potential to emitof all auxiliary equipment remains at or below 1.0lb/hr for any one regulated air contaminant and aslong as the total potential to emit of each regulatedair contaminant from thecompressor station meetsthe requirements of Sections 301.D.1 or 301.D.2or previously qualified under Sections 301.D.3.The applicant shall provide, in writing, the natureof all changes to the Department no later than 15days prior to the expected change.emitting the same regulated air contaminant(s) asthe source within 2.5 km of the modeled nitrogendioxide (NO2) impact area; and[b.](b)The "sum of the potentialemissions for oxides of nitrogen from all adjacentsources" (SUM) within 15 km of the NO2 impactarea (SUM15) shall be less than 740 tpy; and[c.](c)The SUM25 within 25 km fromthe NO2 impact area shallbe less than 1540 tpy.[4.](4)Modifications to the auxiliaryemission generating equipment at a facilityqualifying and electing source class permitstreamlining may commence without obtaining apermit for such modification as long as the totalpotential to emit of all auxiliary equipmentremains at or below 1.0 lb/hr for any one regulatedair contaminant and as long as the total potential toemit of each regulated air contaminant from thecompressor station meets the requirements of[Sections 301.D.1or 301.D.2] Paragraphs 1 or 2 ofSubsection D of 20.2.72.301 NMACor previouslyqualified under [Sections 301.D.3] Paragraph 3 ofSubsection D of 20.2.72.301 NMAC. Theapplicant shall provide, in writing, the nature of allchanges to the Department no later than 15 daysprior to the expected change.Section 301 addresses applicability for the permitstreamlining process forsource class categories under Part 72 – ConstructionPermits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The first set of revisions toSection 301 contained in the April 11, 2002 submittal includes updates to cross-references to otherprovisions of Part 72 that result from updates to other sections in this Part.135The second set of revisions to Section 301contained in the April 11, 2002 submittal include formatting changes to the sectiontitle,references to other NMAC provisions, andlist numbering. The formatting changes werea result of Part 72 being reformatted tobe consistent with other formatting updates found in the NMAC.These revisions to Section 301 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.XXXIII: Revisions to Section 302 – Contents of ApplicationsCurrent SIP-approved Language April 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(01/01/2000State Revisions)(02/02/2001 State Revisions)302. CONTENTS OF APPLICATION:No Change[302.] 20.2.72.302CONTENTS OFAPPLICATION:A. Any person seeking a permit under Part 72,Subpart III shall do so by filing a writtenapplication with the Department. For thoseapplications not qualifying under Section 303.A,the applicant shall also:1. Provide by certified mail a completecopy of the application and public notice to theDepartment's field or district office nearest thesource; and2. Provide by certified mail a copy of thepublic notice to the appropriate federal landmanager if the source will locate within 50 km ofthe boundary of a Class I area.No Change A. Any person seeking a permit under [Part 72,Subpart III] 20.2.72.300 NMAC - 20.2.72.399NMACshall do so by filing a written applicationwith the Department. For those applications notqualifying under [Section 303.A] Subsection A of20.2.72.303 NMAC, the applicant shall also:[1.](1)Provide by certified mail a completecopy of the application and public notice to theDepartment's field or district office nearest thesource; and[2.](2)Provide by certified mail a copy ofthe public notice to the appropriate federal landmanager if the source will locate within 50 km ofthe boundary of a Class I area.B. All applications shall be filed on formsfurnished by the Department and shall include:1. The applicant's name and address,the person to contact regarding the application, andthe name and address of the new source ormodification;2. The date of the application;3. A description of the new facility ormodification including all operations effecting airemissions;4. The anticipated operating schedule;5. A map such as a 7.5 minute UnitedB. The items of this Section, if requested on theapplicable application form, are required beforethe Department may deem an applicationadministratively complete. The applicant shallsubmit the number of copies of the permitapplication specified in the applicable applicationform.All applications shall be filed on theformsfurnished by the Department and shall include:1. The applicant's name and address,the person to contact regarding the application, andthe name and address of the new source ormodification;B. The items of this [S]section, if requested on theapplicable application form, are required beforethe Department may deem an applicationadministratively complete. The applicant shallsubmit the number of copies of the permitapplication specified in the applicable applicationform. All applications shall be filed on the formsfurnished by the Department and shall include:[1.](1)The applicant's name and address,the person to contact regarding the application, andthe name and address of the new source ormodification;136Current SIP-approved LanguageApril 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(01/01/2000State Revisions)(02/02/2001 State Revisions)States Geological SurveyTopographic Quadrangleshowing the location of the stationary source;6. The Universal Transverse Mercator(UTM) horizontal and vertical coordinate(s) forthe facility;7. A plot plan showing the location ofemission units with respect to the plant's propertyboundaries and the dimensions of any buildings,terrain, or obstructions which may cause emissionsto be downwashed;8. A detailed description of any airpollution control device or method to be utilized,including the basis for the estimated controlefficiency;9. The stack and exhaust gas parameters forall emission points, including calculations andmanufacturer's or supplier's data which documentsthe emission rates and exhaust gas parameters;10. A comprehensive regulatory compliancereview, including all pertinent data andcalculations, for each applicable new sourceperformance standard, such as 40 CFR 60, Sub GG- Standards of Performance for Stationary GasTurbines;11. Documentation of the manufacturer's orsupplier's recommended maintenance schedulesand procedures for all air pollution controlequipment;12. A compliance demonstration based onUS EPA approved modeling or analysis, includingall pertinent calculations and computations, for allapplicable requirements of Part 72, Subpart III forany facility electing to obtain a permit under thisSubpart;13. Documentary proof that the[2.The date of the application;][3]2. A description of the new facility ormodification including all operations effecting airemissions;[4]3. The anticipated operating schedule;[5]4. A topographicalmap, at least asdetailed[such] as a 7.5 minute United StatesGeological Survey Topographic Quadrangle,showing the exactlocation and geographicalcoordinatesof the stationary source;[6]5. The Universal Transverse Mercator(UTM) horizontal and vertical [coordinate(s)]coordinatesfor the facility;[7]6. A plot plan showing the location ofemission units with respect to the plant's propertyboundaries and the dimensions of any buildings,terrain, or obstructions which may cause emissionsto be downwashed;[8]7. A detailed description of any airpollution control device or method to be utilized,including the basis for the estimated controlefficiency;[9]8. The stack and exhaust gas parametersfor all emission points, including calculations andmanufacturer's or supplier's data which documentsthe emission rates and exhaust gas parameters;[10]9. A comprehensive regulatorycompliance review, including all pertinent data andcalculations, for each applicable new sourceperformance standard, such as 40 CFR 60, [Sub]SubpartGG - Standards of Performance forStationary Gas Turbines;[11]10. Documentation of themanufacturer's or supplier's recommendedmaintenance schedules and procedures for all air[2.](2)A description of the new facility ormodification including all operations effecting airemissions;[3.](3)The anticipated operating schedule;[4.](4)A topographical map, at least asdetailed as a 7.5 minute United States GeologicalSurvey Topographic Quadrangle, showing theexact location and geographical coordinates of thestationary source;[5.](5)The Universal Transverse Mercator(UTM) horizontal and vertical coordinates for thefacility;[6.](6)A plot plan showing the location ofemission units with respect to the plant's propertyboundaries and the dimensions of any buildings,terrain, or obstructions which may cause emissionsto be downwashed;[7.](7)A detailed description of any airpollution control device or method to be utilized,including the basis for the estimated controlefficiency;[8.](8)The stack and exhaust gasparameters for all emission points, includingcalculations and manufacturer's or supplier's datawhich documents the emission rates and exhaustgas parameters;[9.](9)A comprehensive regulatorycompliance review, including all pertinent data andcalculations, for each applicable new sourceperformance standard, such as 40 CFR 60, SubpartGG - Standards of Performance for Stationary GasTurbines;[10.](10)Documentation of themanufacturer's or supplier's recommendedmaintenance schedules and procedures for all air137Current SIP-approved LanguageApril 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(01/01/2000State Revisions)(02/02/2001 State Revisions)requirements of Part 72, Sections 302.A.1 and302.A.2 have been satisfied;14. An application signed under oath oraffirmation by the operator, the owner, or anauthorized representative, certifying to the best ofhis or her knowledge the truth of all informationsubmitted; and15. Any other relevant information as theDepartment may reasonably require.pollution control equipment;[12]11. A compliance demonstration basedon US EPA approved modeling or analysis,including all pertinent calculations andcomputations, for all applicable requirements ofPart 72, Subpart III for any facility electing toobtain a permit under this Subpart;[13]12. Documentary proof that therequirements of Part 72, Sections 302.A.1 and302.A.2 have been satisfied;[14]13. [An application signed under oath oraffirmation by the operator, the owner, or anauthorized representative,] The notarized signatureunder oath or affirmation by the operator, theowner, or an authorized representative,certifyingto the best of his or her knowledge the truth of allinformation submitted; [and]14. Payment of any fees which are specifiedin Part 75 –Construction Permit Feesas payableat the time the application is submitted; and15. Any other specifically identifiedrelevantinformation as the Department may reasonablyrequire.pollution control equipment;[11.](11)A compliance demonstration basedon US EPA approved modeling or analysis,including all pertinent calculations andcomputations, for all applicable requirements of[Part 72, Subpart III] 20.2.72.300 NMAC -20.2.72.399 NMACfor any facility electing toobtain a permit under [this Subpart] 20.2.72.300NMAC - 20.2.72.399 NMAC;[12.](12)Documentary proof that therequirements of [Part 72, Sections 302.A.1 and302.A.2] Paragraphs 1 and 2 of Subsection A of20.2.72.302 NMAChave been satisfied;[13.](13)The notarized signature under oathor affirmation by the operator, the owner, or anauthorized representative, certifying to the best ofhis or her knowledge the truth of all informationsubmitted;[14.](14)Payment of any fees which arespecified in [Part 75–] 20.2.75 NMAC(Construction Permit Fees)as payable at the timethe application is submitted; and[15.](15)Any other specifically identifiedrelevant information as the Department mayreasonably require.Section 302 specifies the required contentsfor permit applications submitted toobtain a permit under the permit streamliningprocess for source class categories under Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The first set of revisions toSection 302 contained in the April 11, 2002 submittal include the addition of clarifying languageandrestructuring of sentences within Paragraph B, which lists the required permit application elements. These revisions do not resultin substantive changes tothe provisions contained in this paragraph. Revisions to Paragraph B of Section 302 also include newrequirements that the permit application be notarized and include the applicable fee payment.138The second set of revisions to Section 302contained in the April 11, 2002 submittal include formatting changes to the sectiontitle,references to other NMAC provisions, andlist numbering. The formatting changes werea result of Part 72 being reformatted tobe consistent with other formatting updates found in the NMAC.These revisions to Section 302 provide clarification regarding the existing permit application content requirements, as well as,requiring additional information to be included in the permit application. These revisions, ascompared with the current NewMexico SIP, do not affect the ability of the provisions tomeet federal requirements for SIP-approved permitting plans.Table C.XXXIV: Revisions to Section303 – Public Notice and ParticipationCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)303. PUBLIC NOTICE AND PARTICIPATION:[303.] 20.2.72.303PUBLIC NOTICE AND PARTICIPATION:A. Applications qualifying under the following Sections of Subpart III arenot subject to Section 303.B and 303.C.2:1. Section 301.D.1 and 301.D.2.A. Applications qualifying under the following [Sections of Subpart III]paragraphs of 20.2.72.300 NMAC - 20.2.72.399 NMACare not subject to[Section 303.B] Subsection B of 20.2.72.303 NMACand [303.C.2] Paragraph2 of Subsection C of 20.2.72.303 NMAC:[1.Section 301.D.1 and 301.D.2] Paragraphs 1 and 2 of Subsection Dof 20.2.72.301 NMAC.B. The applicant shall:1. Publish notice once in a newspaper of general circulation in the areaclosest to the location of the source.This notice shall appear in either theclassified or legal advertisements section of the newspaper. Notice shall bepublished in accordance with Department guidance documents and mustinclude:a. The applicant's name and address;b. The address and phone number of the Department's Air QualityBureau in Santa Fe, and the address of the field or district office where a copyof the application will be sent as required in Part 72, Section 302.A;c. The location and a brief description of the source;d. A summary ofestimated emissions and ambient impact for eachregulated contaminant for the entire facility;e. Where required in Subpart III, the applicant's public notice shallcontain the following statement: "Any comments submitted on this permitapplication should address the relevant requirements of state and federal airquality regulations and the Federal Clean Air Act and the state Air QualityControl Act. The comments shall be submitted to the Department's AirB. The applicant shall:[1.](1)Publish notice once in a newspaper of general circulation in thearea closest to the location ofthe source. This notice shall appear in either theclassified or legal advertisements section of the newspaper. Notice shall bepublished in accordance with Department guidance documents and mustinclude:[a.](a)The applicant's name and address;[b.](b)The address and phone number of the Department's AirQuality Bureau in Santa Fe, and the address of the field or district officewhere a copy of the application will be sent as required in [Part 72, Section302.A] Subsection A of 20.2.72.302 NMAC;[c.](c)The location and a brief description of the source;[d.](d)A summary of estimated emissions and ambient impact foreach regulated contaminant for the entire facility;[e.](e)Where required in [Subpart III] 20.2.72.300 NMAC -20.2.72.399 NMAC, the applicant's public notice shall contain the followingstatement: "Any comments submitted on this permit application shouldaddress the relevant requirements of state and federal air quality regulations139Current SIP-approved LanguageApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)Quality Bureau in Santa Fewithin thirty (30) days following the date ofpublication";f. Any other information required by the Department; and2. Post the notice at the proposed or existing facility entrance on theproperty on which the facility is, or is proposed to be located prior tosubmittal of the application and remaining posted until the Department takesfinal action on the permit.and the Federal Clean Air Act and thestate Air Quality Control Act. Thecomments shall be submitted to the Department's Air Quality Bureau in SantaFe within thirty (30) days following the date of publication";[f.](f)Any other information required by the Department; and[2.](2)Post the notice at the proposed or existing facility entrance onthe property on which the facility is, or is proposed to be located prior tosubmittal of the application and remaining posted until the Department takesfinal action on the permit.C. The Department shall:1. Make available for public inspection the permit application. Copiesof any permit application, except those portions of which may be determinedas confidential in accordance with Part 1 - General Provisions, will besupplied upon written request and payment of reasonable costs.2. Allow all interested persons thirty (30) days from the date ofpublication of the applicant's public notice in a newspaper of generalcirculation, to submit written comments or evidence on the application.C. The Department shall:[1.](1)Make available for public inspection the permit application.Copies of any permit application, except those portions of which may bedetermined as confidentialin accordance with [Part 1-] 20.2.1 NMAC(General Provisions), will be supplied upon written request and payment ofreasonable costs.[2.](2)Allow all interested persons thirty (30) days from the date ofpublication of the applicant's public notice in a newspaper of generalcirculation, to submit written comments or evidence on the application.Section 303 specifies the public notice and participation requirements for both the applicant and NMED for permits issued underthe permit streamlining process for source classcategories under Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 303 include formatting changes to the section title, references to other NMAC provisions,and list numbering. The formatting changes were a result of Part72 being reformatted to be consistent with other formattingupdates found in the NMAC.These revisions to Section 303 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.XXXV: Revisions to Section 304 – Permit DecisionsCurrent SIP-approved Language April 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(01/01/2000State Revisions)(02/02/2001 State Revisions)304. PERMIT DECISIONS:No Change[304.] 20.2.72.304PERMIT DECISIONS:A. The Department shall within thirty (30) daysafter its receipt of an application for a permit orpermit revision review such application forA. The Department shall within thirty (30) daysafter its receipt of an application for a permit orpermit revision review such application [forNo Change140Current SIP-approved LanguageApril 11, 2002 SIP SubmittalApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(01/01/2000State Revisions)(02/02/2001 State Revisions)completeness. If the application is judgedcomplete, a certified letter to that effect shall besent to the applicant. If the application is judgedincomplete, a certified letter shall be sent to theapplicant stating what additional information orpoints of clarification are necessary to judge theapplication complete. If the application is judgedcomplete but no permit is required, a certifiedletter shall be sent to the applicant informing theapplicant of the determination.completeness] and determine whether it isadministratively complete.1.If the application is [judged] deemedadministrativelycomplete, a certified letter to thateffect shall be sent to the applicant.2.If the application is [judged] deemedadministrativelyincomplete, a certified letter shallbe sent to the applicant stating what additionalinformation or points of clarification are necessaryto [judge] deemthe application administrativelycomplete. Upon receipt ofsuch information, theDepartment shall promptly review suchinformation and determine whether the applicationis administratively complete.3.If the application is [judged] deemedcomplete but no permit is required, a certifiedletter shall be sent to the applicant informing theapplicant of the determination.B. The Department shall either grant, grantsubject to conditions, or deny the permit or permitrevision on those applications, as soon aspracticable after the Department deems theapplication complete but not to exceed the timesspecified below:1. For applications qualifying under theSection 301.D.1 or 301.D.2, within thirty (30)days;2. For all other applications, within sixty(60) days, or ninety (90) days if there is a hearingunder Part 72, Section 206.B. The Department shall either grant, grantsubject to conditions, or deny the permit or permitrevision [on those applications,] as soon aspracticable after the Department deems theapplication administrativelycomplete but not toexceed the times specified below:1. For applications qualifying under theSection 301.D.1 or 301.D.2, within thirty (30)days;2. For all other applications, within sixty(60) days, or ninety (90) days if there is a hearingunder Part 72, Section 206.B. The Department shall either grant, grantsubject to conditions, or deny the permit or permitrevision as soon as practicable after theDepartment deems the application administrativelycomplete but not to exceed the times specifiedbelow:[1.](1)For applications qualifying under the[Section 301.D.1 or 301.D.2] Paragraphs 1 and 2of Subsection D of 20.2.72.301 NMAC, withinthirty (30) days;[2.](2)For all other applications, withinsixty (60) days, or ninety (90) days if there is ahearing under [Part 72, Section 206] 20.2.72.206NMAC.141Section 304 describes the permit decisions process and timelines for permits issuedunder the permit streamlining process forsource class categories under Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The first set of revisions toSection 304 contained in the April 11, 2002 submittal includes the addition of clarifying languagewithin the section to specify that submitted permit applications will be reviewed for administrative completeness. The previousversion of these provisions didnot indicate specifically “administrative” completeness.The second set of revisions to Section 304contained in the April 11, 2002 submittal include formatting changes to the sectiontitle,references to other NMAC provisions, andlist numbering. The formatting changes werea result of Part 72 being reformatted tobe consistent with other formatting updates found in the NMAC.These revisions to Section 304 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.XXXVI: Revisions to Section 305 – General RequirementsCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)305. GENERAL REQUIREMENTS: All sources permitted pursuant to Part72, Subpart III shall operate in compliance with the following conditions:[305.] 20.2.72.305GENERAL REQUIREMENTS: All sources permittedpursuant to [Part 72, Subpart III] 20.2.72.300 NMAC - 20.2.72.399 NMACshall operate in compliance with the following conditions:A. A copy of the most recent permitissued by the Department shall be madeavailable to Department personnel for inspection upon request. If the permitis not kept at the plant location, a notice at the plant site shall be located in aconspicuous place stating the facility name and ownership, air quality permitnumber, and the address and phone number of the Department in Santa Fe;No ChangeB. The source shall operate in compliance with all applicable state andfederal regulations, including federal new source performance standardsincorporated by Part 77 and permit conditions;B. The source shall operate in compliance with all applicable state andfederal regulations, including federal new source performance standardsincorporated by [Part 77] 20.2.77 NMACand permit conditions;C. The owner or operator of the source shall be required to conduct suchperformance tests as specified by the Department to determine compliancewith emission limitations or technology requirements as specified in anapplicable regulation or permit condition. Specific schedules andrequirements will be listed in Section306 for each source class and/or in thepermit. Performance test requirements may be reimposed on a source asnecessary if inspections of the sourceor other information available to theDepartment, indicate noncompliance, or the previous test showednoncompliance or was technically unsatisfactory. In such cases, theC. The owner or operator of the source shall be required to conduct suchperformance tests as specified by the Department to determine compliancewith emission limitations or technology requirements as specified in anapplicable regulation or permit condition. Specific schedules andrequirements will be listed in [Section 306] 20.2.72.306 NMACfor eachsource class and/or in the permit. Performance test requirements may bereimposed on a source as necessary if inspections of the source or otherinformation available to the Department, indicate noncompliance, or theprevious test showed noncompliance or was technically unsatisfactory. In142Current SIP-approved LanguageApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)Department may reimpose such testsas frequently as necessary untilcompliance is achieved and testing is performed in a manner technicallysatisfactory to the Department. The owner or operator shall:1. Arrange a pretest meeting with the Department at least two weeksprior to the anticipated test date for all tests;2. Notify the Department at least thirty (30) days prior to the date andtime of performance testing, and provide the Department an opportunity tohave an observer present during testing;3. Conduct performance tests in accordance with methods andprocedures specified by the Department. Whenever the requirements of 40CFR 60 apply, test methods must be utilized as specified in those regulations;4. Submit a written reportto the Department of the results of the testwithin thirty (30) days from the test date; andsuch cases, the Department may reimpose such tests as frequently asnecessary until compliance is achieved and testing is performed in a mannertechnically satisfactory to the Department. The owner or operator shall:[1.](1)Arrange a pretest meeting with the Department at least twoweeks prior to the anticipated test date for all tests;[2.](2)Notify the Department at least thirty (30) days prior to the dateand time of performance testing, and provide the Department an opportunityto have an observer present during testing;[3.](3)Conduct performance testsin accordance with methods andprocedures specified by the Department. Whenever the requirements of 40CFR 60 apply, test methods must be utilized as specified in those regulations;[4.](4)Submit a written report to the Department of the results of thetest within thirty (30) days from the test date; andD. The owner or operator usinga catalytic converter to meet therequirements of Subpart III shall satisfactorily test the reduction efficiencyacross the catalyst bed and report the results of the test to the Departmentaccording to the permit conditions, withinninety (90) days following initialstart-up and on a quarterly basis thereafter, unless an alternative testingschedule is specified by the Department. The tests shall be conducted inaccordance with the requirements of Part72, Section 305.C and as required inthe permit, except that the requirements of Section 305.C.1 and 2 shall bewaived unless the Department specifically requests a pretest meeting ornotification of the next test date.D. The owner or operator usinga catalytic converter to meet therequirements of [Subpart III] 20.2.72.300 NMAC - 20.2.72.399 NMACshallsatisfactorily test the reduction efficiency across the catalyst bed and reportthe results of the test to the Department according to the permit conditions,within ninety (90) days following initial start-up and on a quarterly basisthereafter, unless an alternative testing schedule is specified by theDepartment. The tests shall be conducted in accordance with therequirements of [Part 72, Section 305.C] Subsection C of 20.2.72.305 NMACand as required in the permit, except that the requirements of [Section305.C.1 and 2] Paragraphs 1 and 2 of Subsection C of 20.2.72.305 NMACshall be waived unless the Department specifically requests a pretest meetingor notification of the next test date.Section 305 specifies the general requirements that must be met by a source that obtains a permit via the permit streamliningprocess for source class categories under Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 305 include formatting changes to the section title, references to other NMAC provisions,and list numbering. The formatting changes were a result of Part72 being reformatted to be consistent with other formattingupdates found in the NMAC.These revisions to Section 305 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.143Table C.XXXVII: Revisions to Section 306 – Source Class RequirementsCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)306. SOURCE CLASS REQUIREMENTS:[306.] 20.2.72.306SOURCE CLASS REQUIREMENTS:A. In addition to the general conditions of Section 305, each permittedsource listed in Table 2 shall also comply with the applicable source classrequirements below:1. Requirements for source class category 1 - reciprocating internalcombustion (IC) engines:a. Gas fuel shallbe produced natural gas, sweet natural gas, liquidpetroleum gas, or fuel gas. No gas fuel shall contain more than 0.1 grain oftotal sulfur per dry standard cubic foot. Liquid fuel shall be first run refinerygrade diesel or No. 2 fuel oil that is not a blend containing waste oils orsolvents and contains less than 0.3% by weight sulfur;b. Within ninety(90) days after initial start-up of the source, theowner or operator shall conduct NOx and carbon monoxide (CO)performance tests on one or more engines (turbines) at the facility to ensurethe facility is in compliance with Part 72, Subpart III and permitrequirements, including emission limits and any applicable pollution controldevice reduction efficiency requirements for NOx. The Department shallspecifically identify in the permit each engine or turbine subject to initialperformance testing requirements. Tests shall be conducted in accordancewith the requirements of Section 305.C;c. Any enginewhich operates with a non-selective catalyticconverter shall comply with the following requirements:(1) Any spark ignited gas-fired or any compression ignited dualfuel-fired engine shall be equipped and operated with an automatic air-fuelratio (AFR) controller which maintains AFR in the range required tominimize NOx emissions, as recommended by the manufacturer; and(2) The owner or operator shall make and maintain records todemonstrate that the manufacturer's orsupplier's recommended maintenanceis performed, including replacement ofthe oxygen sensor as necessary foroxygen-based AFR controllers, and cleaning, regeneration, and/orreplacement of catalyst(s) as necessary to maintain at least the NOx reductionefficiencies across the catalyst bedthat are specified in the permit.A. In addition to the general conditions of [Section 305] 20.2.72.305NMAC, each permitted source listed in 20.2.72.501 NMAC (Table 2)shallalso comply with the applicablesource class requirements below:[1.](1)Requirements for source class category 1 - reciprocatinginternal combustion (IC) engines:[a.](a)Gas fuel shall be produced natural gas, sweet natural gas,liquid petroleum gas, or fuel gas. No gas fuel shall contain more than 0.1grain of total sulfur per dry standard cubic foot. Liquid fuel shall be first runrefinery grade diesel or No. 2 fuel oil that is not a blend containing waste oilsor solvents and contains less than 0.3% by weight sulfur;[b.](b)Within ninety (90) days after initial start-up of the source,the owner or operator shall conduct NOx and carbon monoxide (CO)performance tests on one or more engines (turbines) at the facility to ensurethe facility is in compliance with [Part 72, Subpart III] 20.2.72.300 NMAC -20.2.72.399 NMACand permit requirements, including emission limits andany applicable pollution control device reduction efficiency requirements forNOx. The Department shall specificallyidentify in the permit each engine orturbine subject to initial performance testing requirements. Tests shall beconducted in accordance with the requirements of [Section 305.C] SubsectionC of 20.2.72.305 NMAC;[c.](c)Any engine which operates with a non-selective catalyticconverter shall comply with the following requirements:[(1)](i)Any spark ignited gas-fired or any compression igniteddual fuel-fired engine shall be equipped and operated with an automatic airfuel ratio (AFR) controller which maintains AFR in the range required tominimize NOx emissions, as recommended by the manufacturer; and[(2)](ii)The owner or operator shall make and maintain recordsto demonstrate that the manufacturer's or supplier's recommendedmaintenance is performed, includingreplacement of theoxygen sensor asnecessary for oxygen-based AFR controllers, and cleaning, regeneration,and/or replacement of catalyst(s) as necessary to maintain at least the NOxreduction efficiencies across the catalystbed that are specified in the permit.144Current SIP-approved LanguageApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)B. Requirements for source class category 2 - turbines:1. The source must comply with Sections 306.A.1 and 306.A.2B. Requirements for source class category 2 - turbines:[1.]The source must comply with [Sections 306.A.1 and 306.A.2]Paragraphs 1 and 2 of Subsection A of 20.2.72.306 NMAC.Section 306 specifies the specificsource class requirements that must be metby a source that obtains a permit via the permitstreamlining process for source class categories under Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 306 include formatting changes to the section title, references to other NMAC provisions,and list numbering. The formatting changes were a result of Part72 being reformatted to be consistent with other formattingupdates found in the NMAC.These revisions to Section 306 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.XXXVIII: Revisions to Section 500 – Table 1 – Significant Ambient ConcentrationsCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)500. TABLE 1 - SIGNIFICANT AMBIENT CONCENTRATIONS [500.] 20.2.72.500TABLE 1 - SIGNIFICANT AMBIENTCONCENTRATIONSPollutant Averaging TimeTotal Suspended Particulate 1.0 ug/m3 (Annual)5.0 ug/m3 (24-hour)PM10 1.0 ug/m3 (Annual)5.0 ug/m3 (24-hour)Sulfur Dioxide 1.0 ug/m3 (Annual)5.0 ug/m3 (24-hour)25.0 ug/m3 (3-hour)Hydrogen Sulfide 1.0 ug/m3 (1-hour)5.0 ug/m3 (1/2-hour)Carbon Monoxide 0.5 mg/m3 (8-hour)2.0 mg/m3 (1-hour)No Change145Current SIP-approved LanguageApril 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)Nitrogen Dioxide 1.0 ug/m3 (Annual)5.0 ug/m3 (24-hour)Non-Methane Hydrocarbons 5.0 ug/m3 (3-hour)Lead 0.03ug/m3 (3-month)Section 500 – Table 1 lists the pollutant specific significant ambient concentrations that are referred to in other provisionsof Part72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 500 include formatting changes to the section title. The formatting changes were a resultof Part 72 being reformatted to be consistentwith other formatting updates found in the NMAC.These revisions to Section 500 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.Table C.XXXIX: Revisions to Section 501 – Table 2 – Permit Streamlining Source Class CategoriesCurrent SIP-approved Language April 11, 2002 SIP Submittal(Baseline Regulatory Language)(02/02/2001 State Revisions)501. TABLE 2 - PERMIT STREAMLINING SOURCE CLASSCATEGORIES[501.] 20.2.72.501TABLE 2 - PERMIT STREAMLINING SOURCECLASS CATEGORIES1. Reciprocating internal combustion engines includingportable or temporary engines2. TurbinesNo ChangeSection 501 lists the source classcategories that are eligible to obtain a permit via the permit streamlining for source classcategories procedures under Part 72 – Construction Permits.Revisions to this section were included inthe following SIP submittal(s): April 11, 2002.The April 11, 2002 revisions to Section 501 include formatting changes to the section title. The formatting changes were a resultof Part 72 being reformatted to be consistentwith other formatting updates found in the NMAC.These revisions to Section 501 do not resultin substantive changes to Part 72 as contained in the current New Mexico SIP.

# 146 III.D. Review of Cross-References in 20.2.72 NMAC – Construction Permits

Below is a table summarizing all the cross-re ferences that were added to the Part 72

provisions as part of the fi ve SIP revision submittals curr ently under review. The table

also includes the EPA actions associated with each of the added cros s-references to other

provisions under the NMAC.

Table D.I: Cross-References Added to Part 72 as Part of SIP Revision Submittals

and Associated EPA Actions for Cross-Referenced Provisions

Construction Permit Fees Cross-References EPA Action

20.2.72.202(C)(1)(a) NMAC references Notice of Intent

filing requirements found in 20.2.73 NMAC. The provisions contained in 20.2.73 NMAC were

approved by EPA on August 12, 2010 (75 FR 48860)

effective October 12, 2010.

20.2.72.203(A)(13) NMAC references the fee

requirements contained in 20.2.75 NMAC. The provisions contained in 20.2.75 NMAC were

approved by EPA on March 29, 2012 (76 FR 18923)

effective May 29, 2012.

20.2.72.207(B)(1) NMAC references the requirements

found in 20.2.74 NMAC. The provisions contained in 20.2.74 NMAC were

approved by EPA on July 30, 2011 (76 FR 43149)

effective August 19, 2011.

20.2.72.207(B)(2) NMAC references the requirements

found in 20.2.74 NMAC. The provisions contained in 20.2.74 NMAC were

approved by EPA on July 30, 2011 (76 FR 43149)

effective August 19, 2011.

20.2.72.207(C)(3) NMAC references the requirements

found in 20.2.79 NMAC. The provisions contained in 20.2.79 NMAC were

approved by EPA on September 5, 2007 (72 FR 50879)

effective October 5, 2007.

20.2.72.207(C)(4) NMAC references the requirements for

federal review found in 20.2.74.403 NMAC. The requirements found in 20.2.74.403 NMAC were

approved by EPA on September 5, 2007 (72 FR 50879)

effective October 5, 2007.

20.2.72.216(C) NMAC referenc es the requirements found

in 20.2.79.117 NMAC. The provisions contained in 20.2.79.117 NMAC were

approved by EPA on September 5, 2007 (72 FR 50879)

effective October 5, 2007.

20.2.72.219(A)(5) NMAC refere nces the fee requirements

contained in 20.2.75 NMAC. The provisions contained in 20.2.75 NMAC were

approved by EPA on March 29, 2012 (76 FR 18923)

effective May 29, 2012.

20.2.72.219(B)(1)(e)(iv) NMAC references the

requirements found in 20.2.74 NMAC. The requirements found in 20.2.74 NMAC were approved

by EPA on September 5, 2007 (72 FR 50879) effective

October 5, 2007.

20.2.72.219(B)(1)(e)(vi) NMAC references fee

requirements contained in 20.2.75 NMAC. The provisions contained in 20.2.75 NMAC were

approved by EPA on March 29, 2012 (76 FR 18923)

effective May 29, 2012.

20.2.72.220(A)(2)(c)(i) NM AC references the

requirements found in 20.2.74 NMAC, 20.2.77 NMAC,

20.2.78 NMAC, 20.2.79 NMAC, and 20.2.82 NMAC. The provisions contained in 20.2.74 NMAC and 20.2.79

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

FR 50879) effective October 5, 2007.

Parts 77, 78, and 82 are not SIP-approved since these

Parts reference the following programs, which are beyond

the scope of the New Mexico SIP:

 New Source Performance Standards

 Emission Standards for Ha zardous Air Pollutants

 Maximum Achievable Control Technology

Standards

References to these non-SIP-approved Parts are used to

define what terms and conditions are required to be

contained in a general permit , which is necessary for the

general permitting program to ensure compliance with

applicable federal requirements. Therefore, the references

to Parts 77, 78, and 82 are approved into the SIP, but the

provisions contained within t hose Parts remain out of the

New Mexico SIP.

# 147 Construction Permit Fees Cross-References EPA Action

20.2.72.302(B)(14) NMAC references the fee

requirements found in 20.2.75 NMAC. The provisions contained in 20.2.75 NMAC were

approved by EPA on March 29, 2012 (76 FR 18923)

effective May 29, 2012.

# 148 III.E. Technical Review of Part 72 SIP Submittals

The Section-by-Section review in the previous secti on of this TSD showed each proposed

change made to Part 72 and also included a summary of the revisions made to each

specific section of Part 72 contained in the May 29, 1998, November 6, 1998, April 11,

2002, April 25, 2005, and November 2, 2006 SIP revision submittals. As outlined in that

review, most of the revisions to Part 72 provisions add clarifying language that do not

change construction permitting procedures or requirements, correct previous

typographical errors, update formatting, or add additional requirements to be met by

either the permit applicant or NMED resulti ng in a more stringen t Construction Permits

regulation. These types of revisi ons do not affect the specific provision’s or Part’s ability

to meet federal requirements for SIP-approved permitting plans. This section of the TSD

provides a more detailed analysis and su mmary of our evaluation of the proposed

changes to Part 72, specifically for those proposed revisions that include substantive

changes to Part 72.

In cases where the proposed changes to Part 72 include revisions th at are less stringent

than the current SIP and those revisions must be evaluated under Section 110(l) of the

CAA to determine they will not interfere with attainment or reasonable further progress

or any other applicable requirement of the Act. Section 110(l) of the Clean Air Act

states:

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

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

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

interfere with any applicable requirem ent concerning attainment and reasonable

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

of this Act.

Thus, under Section 110(l), th e SIP revisions under review must not interfere with

attainment or reasonable furthe r progress or any other applicab le requirement of the Act.

The provisions contained in Part72 are applicable to all “reg ulated air pollutants,” which

includes all pollutants for wh ich there are NAAQS. Therefore, as part of the 110(l)

analysis, we have evaluated the proposed NSR SIP revision submittals for their impacts

on attainment and reasonable further progress for all NAAQS pollutants. The entire state

of New Mexico is designated attainment for all pollutants, with the exception of PM 10 

# and 1-hour ozone. The only area designated nonattainment for PM 10 

# in New Mexico is

Anthony, which is located in Dona An a County, and the only area designated

nonattainment for the 1-hour ozone NAAQS is Sunland Park, which is also located in

Dona Ana County. 1

1 

# The Sunland Park area has unique considerations for ozone planning due to airshed contributions from

Mexico and Texas. Air quality within the Paso del No rte Airshed has improved over the last 10 years due

to cooperative efforts between th e State of Texas, the State of New Mexico, and Mexico through

organizations such as the Paso Del Norte Joint Advisory Committee (JAC). Although the area has

continued to monitor attainment of the 1-hour ozone standard the State chose not to submit a request for

redesignation before EPA revoked the 1-hour ozone NAAQS. Monitors in Sunland Park continue to reflect

attainment of the 1-hour ozone NAAQS. The State, however, did not submit a request for redesignation of

# 149 As required, a 110(l) analysis for the proposed SIP revisions is included in the following

sections when the specific revisions being re viewed are less stringent than the current

SIP.

III.E.1 Submitted Revisions to Section 20 3 – Contents of Permit Applications

The current New Mexico SIP contains require ments in Section 203 of Part 72 regarding

the contents of a permit application that any person seeking a permit under

20.2.72.200(A) NMAC must file with the De partment. New Mexico has proposed

several revisions to the required contents of permit applications as specified in Section

203 in the May 29, 1998 and April 11, 2002 SIP revision submittals. In addition to

formatting, clarification, and other non-substantive changes detailed in the Section-bySection review contained in this TSD, thes e revisions include subs tantive changes that

add to existing SIP-approved requirements. These changes incl ude the addition of

provisions related to the changing, supplemen ting, or correcting a pr eviously submitted

permit application. The revisions also incl ude the provision of additional requirements

tied to the existing Public Service Announcem ent requirements for permit applicants.

Because the revisions to the current SI P-approved Section 203 include additional

requirements for permit applicants with respect to the contents of permit applications that

were not present in the current SIP, we pr opose to find Section 203 as meeting applicable

federal requirements, including 40 CF R 51.160. 40 CFR 51.160 contains federal

requirements regarding information an owner or operator of a new or modified source

must submit to the State or local agency.

III.E.2 Submitted Revisions to Section 207 – Permit Decisions and Appeals

Section 207 of Part 72, as contained in the currently approved SIP, includes procedural

requirements regarding permit and permit re vision issuance by the Department, and

petition for hearing and appeal procedural requirements for a pplicants adversely affected

by a permit decision by the Department. Clar ifying language was added to Section 207

as part of the May 29, 1998 and April 11, 2002 SIP revisions, as well as, updates to

formatting and other non-substan tive changes. These changes are detailed in the Sectionby-Section review. The May 29, 1998 SIP revi sion also added language to change the

applicability of Section 2 07 requirements regarding the Department’s completeness

determination and time frame within which the Department must take action on a permit

application to Significant permit revisions, rather than all pe rmit revisions. This change

reflects the tiered permit revision approach adopted by New Mexico under the newly

added Section 219, which is discussed later in this TSD.

the area to attainment for the 1-hour ozone standard and a section 175A maintenance plan. Because the area

was never redesignated to attainment, the area must continue to meet the 1-hour ozone marginal area

applicable requirements (see 40 CFR 51.905(a)(3)). Sunland Park has met the revoked 1-hour ozone

standard since 1998. (See 76 FR 28181).

# 150 The Section 207 requirements, in part, spec ify numbers of days within which the

Department shall either grant, grant subj ect to conditions, or deny a permit or permit

revision after the Department deems a permit application administratively complete. For

permit applications that are subject to th e PSD requirements of Part 74, the April 11,

2002 SIP revision reduced the time for the De partment’s action from 240 days to 180

days. 2 

# Section 165(c) of the CAA requires that any completed PSD permit application

shall be granted or denied no later than one y ear after the date of filing of such completed

application. The reduction of time for the Department’s action on a PSD permit

application from 240 days to 180 days thus stil l complies with federal requirements to act

on such a permit within one year after the da te of filing of a completed application.

The April 11, 2002 SIP revision submittal also reduced the number of days within which

the Department must take action upon a prec onstruction permit application that is not

subject to the PSD requirements of Part 74 from 180 days to 90 days. This reduction

applies to both Part 79 NNSR and Part 72 MNSR permits. 3 

# NMED has been

implementing this reduction in time for revi ew of NNSR permit applications for over 10

years. NMED provided supplemental informa tion to EPA as part of a historical look

back regarding the number of NNSR permits and Minor NSR permits that have been

issued. The Department stated that they had issued zero (0) new NNSR permits between

1995 and 2012. 4 

# Similarly, NMED has been implementing this reduction in time for the

Department’s review of Minor NSR permits for over 10 years. NMED has issued

approximately 673 new MNSR permits between 1995 and 2012. 5



# The entire state of New Mexico is designate d attainment for all pollutants, with the

exception of PM 10 

# and 1-hour ozone. The only area designated nonattainment for PM 10 

# in

New Mexico is Anthony and the only area designated nonattainment for the 1-hour ozone

NAAQS is Sunland Park, which are both lo cated in Dona Ana County. We propose to

find the reduction of time for the Department ’s review of NNSR and Minor NSR permit

applications has therefore not interfered with attainment, reasonable further progress, or

any other applicable requ irement of the Act.

Section 207 of the current SIP also specifies the Department shall hold a hearing within

90 days upon receipt of a timely petition for hearing by a person who participated in a

permitting action before the Department and is adversely affected by such permitting

action. The April 11, 2002 SIP revision changed the number of days by which the

Department must hold a hearing from 90 days to 60 days. Because this change expedites

the time frame within which the Department must hold a hearing upon receipt of a

2 

# We are only reviewing and proposing action on the revisions to Part 72 in this action. The underlying

regulations and program in Part 74 were not included, an d are substantively not required to be evaluated, in

the SIP revisions EPA is evaluating in this rulemaking.

3 

# We are only reviewing and proposing action on the revisions to Part 72 in this action. The underlying

regulations and program in Part 79 were not included, an d are substantively not required to be evaluated, in

the SIP revisions EPA is evaluating in this rulemaking.

4 

# Historical NNSR permit issuance data was provided via electronic email dated November 7, 2012, from

Ted Schooley, NMED, to Ashley Mohr, EPA, Region 6.

5 

# Historical new Minor NSR permit issuance data was provided via electronic mail dated November 2,

2012, from Kerwin Singleton, NMED, to Ashley Mohr, EPA, Region 6.

# 151 petition by a person adversely impacted by a permitting action, this change is one that

makes the current SIP more stringent. We propose to find the revisions to Section 207

comply with applicable fe deral requirements, including Section 110(l) of the Act.

III.E.3 Submitted Revisions to Section 216 – New Applicability Conditions

and Requirements for Sources Located in Nonattainment Areas

Section 216 in the current New Mexico SIP c ontains potentially applicable construction

permitting requirements under Part 72 for sources located in Nonattainment areas. New

Mexico proposed non-substantive changes to Section 216 in the April 11, 2002 SIP

revision submittal that include updates to formatting within the rule provisions to be

consistent with formatting updates that we re made throughout Part 72 and the NMAC.

New Mexico also proposed changes to this sec tion of Part 72 as part of the November 2,

2006 SIP revision submittal. These changes to Section 216 include the non-substantive

changes to the rule language in Paragraphs (A)(1), (A)(2), and (B) to clarify that the

requirements of this section are potentia lly applicable to both new sources and

modifications of an existing source. This change does not change the applicability test or

requirements of Section 216.

The April 11, 2002 SIP revision also contai ned proposed changes to add Paragraphs

(A)(3) and (C) to Section 216. The addition of these two sections add a requirement for

specific stationary sources (i.e., landfills and grandfathered sources) that were not

previously required to obtain a preconstructi on NSR permit to submit an application for a

permit under Part 72, including submittal of a modeling analysis to demonstrate

compliance with the NAAQS. New Mexi co adopted these new requirements

concurrently with revisions adopted in othe r permitting programs, including the Part 70

Operating Permitting program, under the NMAC. We are only reviewing those changes

made to Part 72 as part of this action. In addition, the Part 70 permitting program is

beyond the scope of the New Mexico SIP. Th e April 11, 2002 revisions also incorporate

a requirement that if those newly permitted sources could not show compliance with the

NAAQS, the source would be required to make changes to the facility that would result

in a overall net air quality benefit. These pr oposed revisions to Sect ion 216 result in a

more stringent SIP than currently approved. Therefore, we propose to find that these

revisions to Section 216 will not affect the ability of the Sect ion, or Part 72 overall, to

meet the federal requirements for SIP-approved permitting plans.

III.E.4 Submittal of New Section 220 – General Permits

The current SIP-approved provi sions of Part 72 do not cont ain a general construction

permitting program. New Mexico adopted the new Section 220, which contains the

general preconstruction permitting program, and submitted this addition in the May 29,

1998 SIP submittal. The current SIP does cont ain provisions for a Source Class Permit

Streamlining program under Sections 300 – 399 of Part 72, but the issuance of such a

permit requires prior EPA approval. The general permits program proposed by New

Mexico is similar to the SIP-approved Source Class Permit Streamlining program

contained in Part 72. The key difference is that for the general construction permitting

# 152 program the underlying provisions related to the general permitting program are adopted

into the state’s regulations and are submitte d for approval into the New Mexico SIP by

EPA. As a result, if Section 220 is approve d by EPA into the SIP, the general permits

that are developed and issued by the NMED in accordance with the procedures and

requirements of Section 220 automatically beco me part of the SIP, and therefore, are

federally enforceable on the basis that they meet the SIP-approved requirements of the

general construction permits pr ogram in Section 220. The provi sions contained in Section

220 address the issuance and re visions of general construc tion permits, registration of

sources under a general construction permit, and modifications to sources that are

registered under a genera l construction permit.

Paragraph A of Section 220 includes the re quirements related to the procedures to

develop and issue a general permit. As required in 20.2.72.220(A)(1) NMAC, a general

construction permit developed by NMED must cover numerous similar sources. Sources

allowed to register for coverage under a ge neral permit must be homogenous in terms of

operations, processes and emissions, subject to the same or substantially similar

requirements, and not subject to case-by- case standards or requirements. These

requirements satisfy the federal requirement 40 CFR 51.160(a) that the SIP has legally

enforceable procedures that enable the NM ED to determine whether construction or

modification will result in a violation of a cont rol strategy or interfere with attainment or

maintenance of a national standard in New Mexico or a surrounding st ate. As required

in 20.2.72.220(A)(2) NMAC, a general construc tion permit developed by NMED must

describe the sources that qualif y to register under the genera l permit. This requirement

satisfies the federal requirement 40 CFR 51.161( e) which provides that the SIP must

identify the types and sizes of facilities that will be subject to review. NMED has

indicated in the SIP submittal that that permits developed and issued under the general

permits programs are for Minor NSR sources. 6



# 40 CFR 51.160 requires that the Minor NSR SI P revision submittal be enforceable. In

particular, 40 CFR 51.160(a) requires that th e SIP revision be enforceable in order to

ensure that the issuance of the Minor NS R permit will not cause or contribute to a

violation of any SIP control strategy and will not interfere with attainment and

maintenance of the NAAQS. The September 23, 1987, Memorandum from J. Craig

Potter, Assistant Administrator for Air and Radiation, and Thomas L. Adams Jr.,

Assistant Administrator for Enforcement a nd Compliance Monitoring, entitled ‘‘Review

of State Implementation Plans and Revisions for Enforceability and Legal Sufficiency’’

provides EPA’s guidance for assessing whethe r a SIP revision submittal is sufficiently

enforceable. We find that the new genera l construction permitting program meets the

requirements of section 40 CFR 51.160(a), whic h requires that SIP revision submittals be

enforceable. The submitted regulation specifically requires that a general permit include

monitoring, record keeping and reporting (MRR) requirements appropriate to the source

and sufficient to ensure compliance with the general construction permit. At a minimum,

6 

# Pages 77 and 78 of hearing transcripts for October 17, 1997 Environmental Improvement Board Public

Hearing. New Mexico reiterated the intent for the general construction permit program to apply only to

Minor NSR sources in a letter dated September 19, 2012 from Mr. Richard Goodyear, NMED, to Mr.

Thomas Diggs, EPA.

# 153 the general permit shall specify where the records shall be maintained, how long the

records shall be retained and that all reco rds or reports shall be made available upon

request by the Department. The general perm it also must contain sufficient terms and

conditions to ensure that all sources opera ting under a general pe rmit will meet all

applicable requirements under the Federal Cl ean Air Act, e.g., NSPS, NESHAPS, and

MACT, and all requirements of the SIP. Such a general permit is not allowed to cause or

contribute to air contaminant levels in ex cess of any National or New Mexico Ambient

Air Quality Standard. For these reasons, EPA finds that the submitted general

construction permitting program will ensure at tainment and maintenance of the NAAQS

and will prevent violations of any of the New Mexico SIP’s control strategies. Under this

submitted new permitting program, the State is able to determine if there will be an

adverse impact on air quality.

EPA has recognized, for certain classes of sour ces, that it is appropr iate for states to

establish enforceable emission limits that serve to limit potential to emit through

exclusionary rules that apply to certain source categories. See, Memorandum from D.

Kent Berry, Acting Director, Air Quality Management Divi sion, Office of Air Quality

Planning and Standards (OAQPS) entitled ‘‘Guidance for State Rules for Optional

Federally-Enforceable Emissions Limits Based on Volatile Organic Compound Use,’’

dated October 15, 1993; See also, Memorandum from John Seitz, Director, OAQPS

entitled ‘‘Approaches to Creating Federall y-Enforceable Emission Limits,’’ dated

November 3, 1993. EPA also issued a guidan ce memorandum that provides guidance for

addressing the minor source status under the Act for lower-emitting sources in eight

source categories. See, April 14, 1998, Memorandum entitl ed, ‘‘Potential to Emit (PTE)

Guidance for Specific Source Categories’’ (herei nafter the 1998 memoranda). It provides

technical information useful in devising pr acticable enforceable potential to emit for

small sources and identifies sources th at are ‘‘true minors.’’ Although not an

exclusionary rule, the practicable enforceabili ty criteria in the guidance memoranda serve

as a way to measure whether the submitted general construction permitting program is

practicably enforceable and ther efore can ensure that issuance of the Minor general NSR

permit will not cause or contribute to a viola tion of any SIP control strategy and will not

interfere with attainment and maintenance of the NAAQS. The submitted program clearly

identifies the category of sources that qualify for coverage. The submitted program

provides that a source notify the State of its coverage under the program by submitting a

complete application to register. The NMED shall grant registration to a source only if it

submits a complete application and meets the terms and conditions of the general permit.

The NMED may grant or deny an application.

Based on the requirements contained in Sect ion 220 and further clar ification provided by

NMED, a general permit could not be developed for use by a Major NSR source. 7 

# The

state’s implementation of th e general permitting program si nce the state adopted the

Section 220 provisions is consistent with the fact that the general permitting program is

for Minor NSR sources only. Each of the gene ral construction permits that New Mexico

7 

# Clarification of Intent for Section 220 of 20.2.72 NMAC – Construction Permits letter dated September

19, 2012 from Richard L. Goodyear, PE, Bureau Chief, NMED to Mr. Thomas Diggs, Associate Director

for Air Programs, EPA, Region 6.

# 154 has issued in accordance with Section 220 includes facility-wide annual emission limits

that are less than PSD permitting thresholds . In addition, Paragraph A of Section 220

includes provisions that specify what requirements must be met for a general permit to be

issued under Section 220, including requirement s that the permit contain sufficient terms

and conditions, along with sufficient m onitoring, record keeping, and reporting

requirements, to assure that sources authorized via the general construction permit will

meet all applicable requirements under the Act, including PSD and NNSR. Since these

major NSR permitting programs require source-specific evaluations as part of the

permitting process, a general permit could not be developed to authorize a major NSR

source. The general permitting program was adopted as a Minor NSR preconstruction

permitting program, and NMED’s historical implementation since adoption of Section

220 is consistent with its intended app licability to Minor NSR sources only.

The provisions contained in Paragraph A of Section 220 also address public notice

requirements for issued general permits. 20.2.72.220(A)(1) NMAC requires that prior to

issuance, each general constr uction permit must undergo the same public notice as that

required for case-by-case permits in Sec tion 206. Section 206 public notice requirements

are discussed in more detail in Section III.E.5 of this TSD.

Paragraph B contains procedural requirements that must be met if NMED wishes to

modify an existing general construction perm it. These modifications are required to

undergo an additional public notice and must include a transition schedule that addresses

how and when sources that are registered under the existing general construction permit

will be transitioned to the requirements contained in the modified general construction

permit.

Together with Paragraph A, the provisions of Paragraph B contain requirements that

satisfy the requirements contained in 40 CFR 51.160, 51.161, 51.163 related to a

permitting program having legally enforceable procedures, making information publicly

available, and having administrative pro cedures in place to operate the program

consistent with the previous requirements. The addition of Section 220 also does not

interfere with the Part 72 construction permits program ability to meet requirements in 40

CFR 51.162 and 51.164 that are applicable to Minor NSR programs, since the addition

does not impact the identific ation of the responsible agency or the stack height

procedures.

Once a general construction permit has been developed and issued by NMED, sources

may request authorization under the general permit via a registration request, as described

in Section 220, Paragraph C. As previous ly discussed, registration under the general

permitting program is limited to Minor NSR sources. The source registration process

requires that the source submit a registration application and initiate the source-specific

public notice, which has a minimum length of 15 days. This public no tice is to notify the

public that the specific source is requesting authorization under a general construction

permit issued by NMED. The source cannot initiate construc tion under a general

construction permit until they have received written notification of NMED’s approval of

their registration. Like case -by-case permits, general constr uction permits are subject to

# 155 the cancellation procedures contained in S ection 211 if construction is not commenced

within a certain period of time or if the source ceases operation fo r a specified extended

length of time. Modification of sources regi stered under a general permit is allowed after

the source has notified NMED of the pr oposed modification. However, if post

medication the source can no longer meet the requirements contained in the general

construction permit, including if the propos ed modifications result in the source

becoming a major NSR source, the source mu st obtain a case-by-case permit and meet

the applicable requirements of that constr uction permitting process. The provisions in

Paragraph C establish procedures for sour ces to seek authoriz ation under a general

permit, notify the public of the proposed authorization, as well as, to establish procedures

for NMED’s review of general permit registra tions. These provisions must be met in

order for an individual source to obtain authorization to construct via a general

construction permit.

Because the revisions to incorporate the general permitting program under Section 220

would add an alternative Minor NSR permitti ng approach to the construction permitting

program, these revisions must also be evaluate d to determine if they will interfere with

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

This evaluation is included in th e following section of this TSD.

(a) 110(l) Analysis for Section 220

The provisions in Section 220 establish a ge neral preconstruction permitting program that

allows NMED to develop and issue gene ral permits. Minor NSR sources may seek

authorization under these genera l permits in lieu of case-by-case preconstruction permits

if they meet the requirements of the general permitting program and the specific

requirements of the general construction permit, itself. As required by the provisions of

Section 220, a general constr uction permit issued under Sect ion 220 must contain terms

and conditions that assure that sources aut horized via the general construction permit will

meet all applicable requirements under the federal act (e.g., PSD, NSPS, NESHAP) and

will not cause or contribute to an exceedance of the NAAQS. 8 

# As stated in the May 29,

1998 SIP submittal supporting documentation, a general construction permit will contain

more conservative permit conditions and more stringent requirements since the general

permit has to be protective of all applicable state and federal requirements for each source

that may seek authorization via the general construction permit. Therefore, the general

construction permits developed and issued by NMED are likely to contain more stringent

permit conditions for a given source than w ould be included in a case-by-case permit

issued for that same source.

Section 220 also identifies procedures for ex isting general construction permits to be

modified by NMED. This modification proce dure allows NMED to update the general

permit conditions if they dete rmine that more stringent c onditions are necessary or to

account for new state or fe deral requirements. Under the general preconstruction

permitting program established in Section 220, each source registra tion under a general

permit requires review and approval by NMED prior to construction, as well as, a

8 

# 20.2.72.220(A)(2)(c)(1) NMAC

# 156 separate public notice of each source regist ration. The public notice provisions require

the source to notify the public that the s ource is seeking authoriz ation under a general

construction permit. NMED has been utilizing the general preconstruction permitting

program based on the provisions in Secti on 220 since the state adoption of those

provisions in 1998 without any indication that the implementation of this Minor NSR

program has interfered with attainme nt or reasonable further progress.

Based on the reasons discussed above, we do not believe that the addition of the general

preconstruction permitting provisions contained in Section 220 will interfere with

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

Our evaluation of the SIP revision submitta ls related to Section 220, which are under

review in this action, dem onstrates compliance with S ection 110(l) of the CAA and

provides further basis for proposed approval of the SIP revision to add this section under

Part 72 of the SIP.

III.E.5 Submitted Revisions to Section 206 – Public Notice and Participation

Federal public participation requirements fo r PSD permit applications are at 40 CFR

51.160, 51.161, and 51.166(q). Federal public partic ipation requirements for Minor NSR

permit applications are at 40 CFR 51 .160 and 51.161. In the April 11, 2002 SIP

submittal, New Mexico has proposed revisions to the public notice and participation

provisions contained in Part 72, Section 206. Prior to the revisions contained in the April

11, 2002 SIP submittal, NMED under existing SI P-approved Section 206 was required to

publish in a newspaper of general circulation in the area closest to the location of the

source public notice of the permit application submitted under Part 72 and the

Department’s preliminary determination for a single 45-day comment period. The

proposed revisions to Section 206 revise the public not ice procedures so that it becomes a

two-step process, whereas the current SIP pub lic notice procedure is a one-step process.

Under the submitted Section 206 revised provisi ons, NMED publishes in a newspaper of

general circulation in the ar ea closest to the lo cation of the source public notice of the

permit application. The published newspaper not ice is required to contain the following

information: the applicant's name and addre ss, the location and brief description of the

source, a summary of estimated emissions and ambient impact, and the Department's

preliminary intent to issue the permit if the construction or modificat ion requested in the

application will comply with air quality requirements, including ambient standards. The

notice must also identify the location of the permit application and Department’s

Analysis (when available) for public review and describe the manner in which comments

or evidence may be submitted to the Department. After publication of the newspaper

notice, the public has 30 days to express written interest in the permit application,

whereas under the current SIP- approved provisions the public has 45 days to comment on

the permit application and the Depart ment’s preliminary determination.

If NMED does not receive any written expr essions of interest from the public on the

permit application during the 30-day public notice of the permit application, the

Department will take action to issue or deny the permit. However, if any person expresses

interest in writing in the permit appli cation during the 30-day public notice period,

NMED shall notify these interested pers ons of the date and location that the

# 157 Department’s Analysis was or will be avai lable. These interested people and any other

member of the public then have 30 days to submit written comments on the Department’s

Analysis. The NMED cannot issue the permit until at least 30 days af ter the Department’s

Analysis is available for review. As clarif ied in the Secretary’s November 7, 2012 letter,

the second 30-day period is triggered fo r members of the public to submit written

comments on the Department’s Analysis, when the State posts notice of the availability

of the Analysis onto its website. 9



# In addition to the changes establishing a two-step public participation process, New

Mexico has submitted a SIP revision to the language within 20.2.72.206(A)(7) NMAC

requiring public notices to be sent to the Region 6 EPA office, addi ng language directing

public notices be sent if re quested by EPA. 40 CFR 51.161(d) requires that a state send a

copy of all public notices to EPA via the Regional Office, without qualifying whether a

request by EPA is necessary. To ensure th at all public notices are received by EPA

pursuant to 40 CFR 51.161(d), Region 6 has fo rmally requested copies of each public

notice be provided to EPA. 10 

# Therefore, NMED will provid e a copy of all public notices

for construction permits to EPA, and we believe that 20.2.72.206(A)(7) NMAC is

consistent with the federal requirement in 40 CFR 51.161(d).

(a) 110(l) Analysis for Section 206

As noted, the proposed revisions to Section 206 do result in a reduction in the length of

the public notice period from 45 days to 30 days. This public notice period, while

reduced from the current SIP-approved require ments, is equivalent to the federal public

participation minimum public comment pe riod requirements, which requires a 30-day

period for submittal of public comment. The proposed revisions also require a person to

comment in writing on the permit application before any member of the public can

comment on the Department’s Analysis. We belie ve that this is a minimal burden placed

on the public to express written interest on th e permit application in order to have the

opportunity to comment on the Department’s Analysis. This additional requirement does

not undermine federal public participation re quirements. Also, the change from 45 days

to 30 days for public review and comment, while a reduction, also meets federal public

participation minimum public comment period requirements. Therefore, we intend to

propose approval of these revisions into the SIP based n on our determination that they

will not interfere with the abil ity of the New Mexico SIP to meet the applicable federal

public participation requirements, nor will they violate the requirements of CAA Section

110(l).

9 

# Public Notice for Minor Source New Source Review letter dated November 7, 2012, from Dave Martin,

Cabinet Secretary, NMED, to Mr. Ron Curry, Regional Administrator, EPA, Region 6.

10 

# Copies of public notices were requested via letter from Mr. Thomas Diggs, Associate Director for Air

Programs, EPA, Region 6 to Mr. Richard Goodyear, PE, Bureau Chief, NMED on September 7, 2012.

NMED responded to EPA’s request via letter dated September 13, 2012 from Mr. Goodyear, NMED, to

Mr. Diggs, EPA, and agreed to provide copies of the no tices to EPA. Copies of these letters and all others

referenced in this proposal are in the docket for this rulemaking.

# 158 III.E.6 Submittal of New Section 219 – Permit Revisions

The current SIP-approved Permit Revisions pr ovisions under Section 202 include general

requirements for sources seeking permit revisions to submit a revision request to NMED,

which was to include a description of the proposed changes and the reasons for those

changes. The current SIP requires that perm it revisions with associated increases in

permitted emission limits are processed in accordance with public notice, review, and

hearing procedures contained in Sections 206 and 207 of Part 72. As part of the May 29,

1998 SIP submittal, the Permit Revisions provisions were moved to Section 219 and

revised to include three diffe rent tiers of revisions: Ad ministrative, Technical, and

Significant. The new Section 219 that wa s added in the May 29, 1998 SIP submittal was

subsequently revised in the April 11, 2002 a nd April 25, 2005 SIP submittals. The tiered

permit revision process established in th e May 29, 1998 SIP revision submittal was

developed by New Mexico through a permitti ng Task Force that consisted of NMED

staff and members of the public, includi ng representatives from industry and

environmental groups. The Task Force identif ied types of Minor NSR permit revisions

that should qualify for streamlined permitting based on their anticipated negligible or

insignificant environmental impacts and estab lished the proposed tiered permit revisions

process for Minor NSR permit revisions.

Section 219 includes descriptions of what kinds of permit ac tions would qualify for each

permit revision type. The section also contains the applicable permitting requirements

for the different permit revision tiers. As sp ecified in the provisions of Section 219, each

permit revision type has specific review and pe rmit issuance procedures, applicable fees,

and public notice requirements that differ betwee n the different tiers, as described below:

 Administrative permit revi sions require a certified wr itten notification of the

revision be submitted by the applicant to NMED. These revisions become

effective upon receipt of th e notification by NMED. NMED is not required to

reissue the permit to incorporate an Administrative permit revision.

Administrative revisions do not have applicable filing or permit fees under Part

75. These revisions are also not subj ect to the public notice requirements

contained in either Section 203 or Section 206.

 Technical permit revisions require a certi fied written notification including a

request for the Technical revision be submitted by the applicant to NMED.

NMED has 30 days after the receipt of a complete appl ication to approve or deny

the permit revisions or inform the applican t that the request must be submitted as

a Significant permit revision. This timeline for NMED’s action on the permit

application is extended to 60 days if th e Department holds a public meeting in

response to significant public interest regarding the permit revision. The

Technical permit revision becomes eff ective upon written approval from NMED,

and NMED is required to attach the T echnical permit revision to the existing

permit. Permit actions that qualify as Technical revisions are exempt from the

following public notice requirements:

# 159 o 20.2.72.203(B)(1) NMAC – Applicant must provide certified mail notices

to owners of all properties within di stances specified in this provision.

o 20.2.72.203(B)(4) NMAC – Applicant must post signs of the notice in at

least 4 publicly accessible and conspic uous places (facility entrance and 3

locations frequented by the general p ublic, such as the post office, public

library, city hall).

o 20.2.72.203(B)(5) NMAC – Applicant must submit the public notice as a

public service announcement to at least one radio of TV station that serves

the area where the source is located.

o 20.2.72.206 NMAC – NMED’s requirements for making the permit

application and their analysis availa ble via public notice in a newspaper.

The applicant is still required to provide certified mail notices of the proposed

Technical permit revision to nearby munici palities, Indian tribes and counties.

Applicants are also requir ed to publish a newspaper not ice regarding the proposed

permit revision.

 Significant permit revisions require the sa me public notice, re view, and hearing

procedures as those required for newly issued construction permits under Part 72.

As specified above, the public participation requirements for each of the three new types

of permit revisions were also changed in the May 29, 1998 SIP revision submittal. The

associated public notice requirements are one of the main differences between the

separate tiers of permit revisions included in Section 219. The Federal requirements for

Minor NSR permit applications and public notice requirements ar e at 40 CFR 51.160 and

161. These requirements establish the minimu m requirements for approvability of a

state’s Minor NSR SIP, which a state devel ops to prevent constr uction and modification

of stationary sources from in terfering with an area’s ability to achieve compliance with a

NAAQS.

These requirements generally require 30-day publ ic review for all sources subject to the

Minor NSR; however, these requirements also allow a State to identify the types and

sizes of facilities, buildings, structures, or installations, which will require full

preconstruction review by justifying the basis for the State’s determination of the proper

scope of its program. 11 

# Importantly, our decision to approve a State’s scope of its Minor

NSR program must consider the individual ai r quality concerns of each jurisdiction, and

therefore will vary fr om state to state.

New Mexico’s submitted rules create tiered, public notice requirements for the three

types of permit revisions. New Mexico ju stified its approach for permit revision

applications using de minimis principles like those established in Alabama Power

. 12 

# A

11 

# For example, under the federal Tribal NSR regulati ons, EPA did not require permits for sources with

emissions below “ de minimis” levels, and for sources in “insignificant source categories”. 76 FR at 38755.

In sum, under these Tribal NSR regulations, some sources are not required to obtain permits, and have no

public notice requirements.

12 

# See Ala. Power Co. v. Costle , 636 F.2d 323 (D.C.Cir. 1979).

# 160 Significant permit revision will have the same public notice requirements as an

application for a new minor source. The submitted New Mexico rules generally provide

that all new Minor NSR permit applications and all Minor NSR Significant permit

revision applications will go through public no tice consistent with federal requirements at

40 CFR 51.160 and 51.161. Under the submitted rules, Administrative permit revisions

do not have any associated public noti ce requirements. Meanwhile, the submitted

Technical permit revisions require that the a pplicant conduct a reduced public notice, as

compared with the full notice required fo r new Minor NSR permits and Significant

permit revisions. EPA recognizes a State’s abili ty to tailor the scope of its Minor NSR

program as necessary to achieve and mainta in the NAAQS. As documented in the State’s

SIP revision submittal and subsequent submission of supporting information, New

Mexico justified the scope of its regulatory program, and t hus the permit applications for

which full public review is necessary, using de minimis principles like those established

in Alabama Power to identify permit revisions that ar e not environmentally significant.

EPA’s evaluation of the environmental signif icance of each permit revision tier and its

associated public particip ation requirements establis hed in the May 29, 1998 SIP

submittal are discussed in the following subsections of the TSD. The following

subsections also discuss the State’s analysis and supporting documentation regarding how

the permitting actions qualifying as Administrative and Technical permit revisions were

chosen and why the Department finds that these permit actions qualify for a more

streamlined permitting process because of their environmental insignificance.

The following table lists the permit revision permitting actions that do not require full

public notice under the provisi ons of Section 219, iden tifies the public notice

requirements for those actions under the curr ent SIP, and provides a summary of our

evaluation of each action’s environmental significance.

Table E.I: Administrative and Technica l Permit Revisions and the Associated

Public Notice Requirements in Current SIP and Proposed Revisions to the SIP

Permit Action Public Notice

Requirements Under

Current SIP Public Notice

Requirements Under

Tiered Revision

(Proposed SIP

Revision) Environmental

Significance of Permit

Action

Administrative Permit Revisions – 20.2.72.219(A)(1) NMAC

(a) Correct

typographical errors Exempt from public

notice requirements

since no associated

increases in permitted

emission limitations. Exempt from all public

notice requirements. De minimis ;

administrative change to

existing permit with no

change to permit term or

condition and no

associated increases in

permitted emission

rates.

(b) Provide for a

minor administrative

change at the source,

such as a change in Exempt from public

notice requirements

since no associated

increases in permitted Exempt from all public

notice requirements. De minimis ;

administrative change to

existing permit with no

change to permit term or

# 161 Permit Action Public Notice

Requirements Under

Current SIP Public Notice

Requirements Under

Tiered Revision

(Proposed SIP

Revision) Environmental

Significance of Permit

Action

ownership or a change

in the address or phone

number of any person

identified in the permit emission limitations. condition and no

associated increases in

permitted emission

rates..

(c) Incorporate a

change in the permit

solely involving the

retiring of a source or

closing of a facility

upon notification of the

Department that the

permittee has ceased

operations of the source

or facility Exempt from public

notice requirements

since no associated

increases in permitted

emission limitations. Exempt from all public

notice requirements. De minimis ;

administrative change to

existing permit with no

change to permit term or

condition and no

associated increases in

permitted emission

rates.

(d) Incorporate a

change in the permit

solely involving the

deletion from the permit

of a source or sources

upon notification of the

Department that the

source or sources have

not been and will not be

built Exempt from public

notice requirements

since no associated

increases in permitted

emission limitations. Exempt from all public

notice requirements. De minimis ;

administrative change to

existing permit with no

change to permit term or

condition and no

associated increases in

permitted emission

rates.

(e) Incorporate a

source or activity at the

facility which is

exempted under

Subsection B of

20.2.72.202 NMAC Current SIP does not

include permit

exemptions under

Section 202. Since this

permit action does not

have any associated

permitted emissions

increases, public notice

requirements would not

apply under the current

SIP provisions. Exempt from all public

notice requirements. De minimis ;

administrative change to

existing permit with no

change to permit term or

condition and no

associated increases in

permitted emission

rates. (The

incorporation of the

Paragraph B exempted

sources into an existing

permit is an

administrative action

and does not change the

exempt status of these

sources.)

Technical Permit Revisions – 20.2.72.219(B)(1) NMAC

(a) Permit revisions

that incorporate a

change in the permit

solely involving a

change to monitoring,

record keeping, or

reporting requirements

by the permittee,

provided that the

Department determines Exempt from public

notice requirements

since no associated

increases in permitted

emission limitations. Applicant must provide

notice of the proposed

Technical revision via

certified mail to all

municipalities and

counties in which the

facility is located and to

all municipalities, Indian

tribes, and counties

within a 10 mile radius De minimis ; revision to

existing permit with no

associated increases in

permitted emission

rates. While, the

required public notice is

reduced, it does still

allow for public review

and request for a public

meeting regarding the

# 162 Permit Action Public Notice

Requirements Under

Current SIP Public Notice

Requirements Under

Tiered Revision

(Proposed SIP

Revision) Environmental

Significance of Permit

Action

that such change does

not reduce the

enforceability of the

permit of the facility property.

Applicant must publish

the public notice of their

permit application once

in a newspaper of

general circulation in

each county in which the

facility is located. proposed revision.

(b) Permit revisions

that incorporate a

change in the permit

solely involving

additional equipment

with a potential

emission rate of no more

than one (1) pound per

hour for any pollutant

for which a National or

New Mexico Ambient

Air Quality Standard has

been set or one (1)

pound per hour for any

VOC The revision may

include an increase in

permitted emission

rates. Therefore, the

permit revision would

be subject to the public

notice requirements

under Part 72 if an

increase in an emission

limit is requested as part

of the permit revision. Applicant must provide

notice of the proposed

Technical revision via

certified mail to all

municipalities and

counties in which the

facility is located and to

all municipalities, Indian

tribes, and counties

within a 10 mile radius

of the facility property.

Applicant must publish

the public notice of their

permit application once

in a newspaper of

general circulation in

each county in which the

facility is located. Insignificant; permit

revisions under this

provision are allowed a

maximum of 1 lb/hr

increases in emission

limits, which equates to

4.38 tons per year

assuming continuous

operation. As

documented in the SIP

revision submittal, an

emissions increase of

this small magnitude is

not expected to result in

a significant

environmental impact.

While, the required

public notice is reduced,

it does still allow for

public review and

request for a public

meeting regarding the

proposed revision.

(c) Permit revisions

that incorporate a

change in the permit

solely involving the

placement of permit

conditions, including

emissions limitations, on

sources which existed

on August 31, 1972 and

which have been

regularly operated since

that time Exempt from public

notice requirements

since no associated

increases in permitted

emission limitations. Applicant must provide

notice of the proposed

Technical revision via

certified mail to all

municipalities and

counties in which the

facility is located and to

all municipalities, Indian

tribes, and counties

within a 10 mile radius

of the facility property.

Applicant must publish

the public notice of their

permit application once

in a newspaper of

general circulation in

each county in which the

facility is located. De minimis ; revision to

existing permit with no

associated increases in

permitted emission

rates. While, the

required public notice is

reduced, it does still

allow for public review

and request for a public

meeting regarding the

proposed revision.

(d) Modifications that

replace an emissions Exempt from public

notice requirements Applicant must provide

notice of the proposed De minimis ; revision to

existing permit with no

# 163 Permit Action Public Notice

Requirements Under

Current SIP Public Notice

Requirements Under

Tiered Revision

(Proposed SIP

Revision) Environmental

Significance of Permit

Action

unit for which the

allowable emissions

limits have been

established in the

permit, provided that the

new emissions unit:

(i) Is equivalent to the

replaced emissions unit,

and serves the same

function within the

facility and process;

(ii) Has the same or

lower capacity and

p otential emission rates;

(iii) Has the same or

higher control

efficiency, and stack

parameters which are at

least as effective in the

dispersion of air

p ollutants;

(iv) Would not result

in an increase of the

potential emission rate

of any other equipment

at the facility;

(v) Shall be subject to

the same or lower

allowable emissions

limits under the permit,

and to all other permit

conditions which have

applied to the replaced

emissions unit;

(vi) Would not, when

operated under

applicable permit

conditions, cause or

contribute to a violation

of any National or New

Mexico Ambient Air

Quality Standard; and

(vii) Would not, as

determined by the

Department, require

additional permit

conditions in order to

ensure the enforceability

of the permit, such as

additional record

keeping or reporting to since no associated

increases in permitted

emission limitations. Technical revision via

certified mail to all

municipalities and

counties in which the

facility is located and to

all municipalities, Indian

tribes, and counties

within a 10 mile radius

of the facility property.

Applicant must publish

the public notice of their

permit application once

in a newspaper of

general circulation in

each county in which the

facility is located. associated increases in

permitted emission

rates. While, the

required public notice is

reduced, it does still

allow for public review

and request for a public

meeting regarding the

proposed revision.

# 164 Permit Action Public Notice

Requirements Under

Current SIP Public Notice

Requirements Under

Tiered Revision

(Proposed SIP

Revision) Environmental

Significance of Permit

Action

show compliance

(e) Permit revisions

that make adjustments to

the emissions limitations

based on the result of

the initial compliance

test(s), provided that:

(i) The test is

performed in accordance

with permit conditions;

(ii) Such adjustment

occurs within six (6)

months of the

compliance test;

(iii) No other such

adjustment has occurred

since the most recent

permit issuance or

reissuance;

(iv) Such adjustment

does not: alter any other

permit condition; trigger

additional requirements

under any other Part,

including 20.2.74

NMAC (Prevention of

Significant

Deterioration); or result

in allowable emissions

which could contribute

to a violation of any

National or New Mexico

Ambient Air Quality

Standard;

(v) Such request does

not increase the

permitted allowable

emissions of the unit(s)

on which the initial

compliance test(s) have

been performed by more

than ten (10) percent;

and

(vi) Where the permit

fee calculated under

20.2.75 NMAC

(Construction Permit

Fees) would have been

greater if it had been

based on the potential

emission rate as The revision may

include an increase in

permitted emission

rates. Therefore, the

permit revision would

be subject to the public

notice requirements

under Part 72 if an

increase in an emission

limit is requested as part

of the permit revision. Applicant must provide

notice of the proposed

Technical revision via

certified mail to all

municipalities and

counties in which the

facility is located and to

all municipalities, Indian

tribes, and counties

within a 10 mile radius

of the facility property.

Applicant must publish

the public notice of their

permit application once

in a newspaper of

general circulation in

each county in which the

facility is located. Insignificant; permit

revisions under this

provision are allowed up

to a 10% increase in

permitted emission

limits based on results

of initial compliance

testing. However, the

provision includes other

requirements that must

be met by the permit

revision action that

ensure that the revision

will not contribute to a

NAAQS violation.

These revisions, like all

other Technical permit

revisions, will undergo

review by NMED

during which the

Department will confirm

that the revision meets

the applicable

requirements of Section

219 to qualify for a

Technical permit

revision and determine

if the revision should be

issued, denied, or

“bumped up” to a

Significant permit

revision.

While, the required

public notice is reduced,

it does still require

public notice of the

proposed revision and

allows the public to

request a public meeting

regarding the proposed

revision.

# 165 Permit Action Public Notice

Requirements Under

Current SIP Public Notice

Requirements Under

Tiered Revision

(Proposed SIP

Revision) Environmental

Significance of Permit

Action

indicated by the

compliance test, the

balance of the permit fee

is submitted as part of

the technical permit

revision application

(f) Permit revisions

that incorporate a

change in the permit

solely involving the

addition of air pollution

control equipment or the

substitution of a

different type of air

pollution control

equipment to existing

equipment provided that

such addition or

substitution shall not

result in an increase in

the potential emission

rate of more than one (1)

pound per hour for any

pollutant for which a

National or New Mexico

Ambient Air Quality

Standard has been set, or

one (1) pound per hour

for total VOCs The revision may

include an increase in

permitted emission

rates. Therefore, the

permit revision would

be subject to the public

notice requirements

under Part 72 if an

increase in an emission

limit is requested as part

of the permit revision. Applicant must provide

notice of the proposed

Technical revision via

certified mail to all

municipalities and

counties in which the

facility is located and to

all municipalities, Indian

tribes, and counties

within a 10 mile radius

of the facility property.

Applicant must publish

the public notice of their

permit application once

in a newspaper of

general circulation in

each county in which the

facility is located. Insignificant; permit

revisions under this

provision are allowed a

maximum of 1 lb/hr

increases in emission

limits, which equates to

4.38 tons per year

assuming continuous

operation. As

documented in the SIP

revision submittal, an

emissions increase of

this small magnitude is

not expected to result in

a significant

environmental impact.

While, the required

public notice is reduced,

it does still allow for

public review and

request for a public

meeting regarding the

proposed revision.

(g) Permit revisions

that incorporate terms

and conditions in the

permit, such as a cap on

hours of operation,

limitations on

throughput of a specific

product or products, or

limitations on

equipment capacity, for

the purpose of reducing

the potential emission

rate of a unit or source Exempt from public

notice requirements

since no associated

increases in permitted

emission limitations. Applicant must provide

notice of the proposed

Technical revision via

certified mail to all

municipalities and

counties in which the

facility is located and to

all municipalities, Indian

tribes, and counties

within a 10 mile radius

of the facility property.

Applicant must publish

the public notice of their

permit application once

in a newspaper of

general circulation in

each county in which the

facility is located. De minimis ; revision to

existing permit with no

associated increases in

permitted emission

rates. While, the

required public notice is

reduced, it does still

allow for public review

and request for a public

meeting regarding the

proposed revision.

# 166The subsequent revisions contained in the April 11, 2002 SIP submittal include nonsubstantive changes to Section 219 that updated cross-references to other revised sections

of Part 72, removed language that NMED determined to be unnecessary based on

simultaneous updates to the Part, and update d formatting throughout the section to be

consistent with the revised format of the NMAC. The revisions to Section 219 proposed

as part of the April 25, 2005 SIP revisions a dded two additional perm it actions to the list

of actions that qualify as Technical permit revisions. The review of these two additional

permit actions is included in the discussion and analysis of the Technical Revisions

provisions under Section 219 provided in this TSD.

(a) Administrative Permit Revisions

NMED established Administrative permit revisi ons that are limited to those actions that

are listed below that do not have any associ ated increases in permitted emissions, and a

permittee may obtain such a revision fo r an existing source without undergoing

preconstruction permitting requirements under Pa rt 72. Administrative permit revisions

do not have applicable filing or permit fees under Part 75 and are also not subject to the

public notice requirements contained in either Section 203 or Section 206. Administrative

permit revisions are limited to the following permit actions that ar e considered to be

administrative changes:

 Correction of typographical errors,

 Change in administrative informati on (e.g., change in owner, facility

address, or contact phone number),

 Incorporation of the retirement of permitted source or the closing of a

facility,

 Incorporation of the de letion of a proposed source(s) that was not

constructed or will not be built, or

 Incorporation of Section 202 Pa ragraph B exempted sources. 13



# Because these permit revisions do not have any associated increases in permitted

emissions, they would not be required to undergo the preconstruction permitting

requirements under Part 72 to receive a permit revision. Under the new submitted SIP

rule, Administrative permit revisions now requi re a certified written notification of the

revision be submitted by the applicant to NMED. Administrative revisions become

effective upon receipt of the notification by NMED. NMED is not required to reissue the

permit to incorporate an Administrative pe rmit revision. The revised SIP rule is more

stringent than the current SIP with respect to requiring certified writt en notification of the

Administrative revision to be submitted by the applicant to NMED.

13 

# The incorporation of the Paragraph B exempted sour ces into an existing permit is an administrative

action and does not change the exempt status of these sources. These Section 202 Paragraph B exempt

sources remain exempt from Minor NSR permitting requirements and their incorporation into an existing

permit does not result in an increase in permitted emission rates or change a term or condition of the

existing permit.

# 167 Under the proposed SIP revisions, Administra tive permit revisions ar e exempt from all

Minor NSR public participati on requirements under Part 72. As documented in the SIP

revision submittals, the permit revisions allowed under the Administrative revision

provisions are limited to those permit changes th at are administrative in nature and do not

result in a change to any permit term or condition and do not have any associated

increases in permitted emission rates. Therefore, the Administrative permit revisions are

truly de minimis in nature, and we propose to find that New Mexico provided an adequate

demonstration and justificat ion to show that their proposed Administrative permit

revisions provisions meet 40 CFR 51.160(e) and 161.

(b) Technical Permit Revisions

NMED also established Technical permit revi sions in the proposed SIP revisions that

include the following changes to a permit:

 Incorporate changes to monito ring, recordkeeping, or reporting

requirements that do not reduce the enforceability of the permit,

 Incorporate the addition of permit co nditions on sources that existed on

August 31, 1972, and have been op erated regularly since,

 Like kind replacement of permitted equipment that meets the specific

requirements listed in 20.2.72.219(B)(1)(d) NMAC,

 Incorporate terms and conditions in th e permit for the purpose of reducing

the potential emission rate of a un it or source (e.g., cap on hours or

throughputs),

 Incorporate addition of new equipm ent with potential emission rate no

more than 1 pound per hour (4.38 to ns per year, assuming continuous

operation for 8,760 hours per year) for any NAAQS pollutant or any VOC,

 Revision of permitted emission limit based on initial compliance testing

results that meets the specific re quirements listed in 20.2.72.219(B)(1)(e)

NMAC, and

 Incorporate the addition of, or substit ution of, a different type of air

pollution control equipment with an in crease in potential emission rate no

more than 1 pound per hour (4.38 to ns per year, assuming continuous

operation for 8,760 hours per year) for any NAAQS pollutant or total

VOCs.

The Technical permit revisions establis hed under the proposed New Mexico SIP

revisions are not required to meet the fu ll public participation requirements under Part

72. 14 

# Under the new submitted Section 219, T echnical permit revisions, like new permit

applications and Significant pe rmit revision applications, the a pplicant still is required to

publish a newspaper notice of general circulat ion in each county in which the source is

proposing to construct or m odify. This newspaper notice shall contain the following:

14 

# Technical permit revisions are not subject to public notification requirements under Paragraphs 1, 4 and 5

of Subsection B of 20.2.72.203 NMAC, and 20.2.72.206 NMAC. However, applicant’s requesting a

Technical permit revision must still meet the public notice requirements contained in Paragraphs 2 and 3 of

20.2.203 NMAC.

# 168 1. The applicant's name and address, togeth er with the names and addresses of all

owners or operators of the facility or proposed facility;

2. The actual or estimated date that the application was or will be submitted to the

Department;

3. The exact location of the f acility or proposed facility;

4. A description of the process or change for which a permit is sought, including an

estimate of the maximum quantities of any regulated air contaminant the source

will emit after proposed construction is complete or permit is issued;

5. The maximum and standard operating schedules of the facility after completion of

proposed construction or permit issuance; and

6. The current address of the Department to which comments and inquiries may be

directed.

The applicant also is still required to provide certifie d mail notices of the proposed

Technical permit revision to nearby muni cipalities, Indian tribes, and counties. 15 

# Public

participation requirements for Technical perm it revisions also allow for NMED to hold a

public meeting in response to significant public in terest in the proposed permit revision.

What is no longer required is that the applicant (1) provi de certified mail notices to

owners of all properties within specified dist ances; (2) post signs of the notice in four

publicly accessible places; or (3) submit a pub lic service announcement to at least one

radio of TV station that serves the area where the source is located. NMED is not

required to publish a newspaper notice that in cludes its preliminary intent to issue the

permit if the construction or modification requested in the application will comply with

air quality requirements, in cluding ambient standards.

The applicant is required to file a certified written notifica tion of the proposed Technical

revision to NMED. NMED has 30 days after th e receipt of a complete application to

approve or deny the Technical permit revision or inform the applicant that the Technical

permit revision request must be “bumped up” and resubmitted as a Significant permit

revision requiring the revision to undergo full pub lic participation. The Technical permit

revision becomes effective upon written approval from NMED, and NMED is required to

attach the Technical permit revision to the existing permit.

While, the Technical permit revisions are exempt from a portion of the public

participation requirements, within the sc ope of New Mexico’s revised rules, the

thresholds do not affect any part of th e technical review of these permit revision

15 

# 20.2.72,203(B)(1) and (2) NMAC require that the applicant’s public notice be: (1) provided by certified

mail, to the owners of record, as shown in the most recent property tax schedule, of all properties: (a)

within one hundred (100) feet of the property on which the facility is locat ed or proposed to be located, if

the facility is or is proposed to be located in a Class A or Class H county or a municipality with a

population of more than two thousand five hundred (2500) persons; or (b) within one-half (1/2) mile of the

property on which the facility is located or is proposed to be located if the facility is or will be in a county

or municipality other than those specified in Sub- paragraph (a) of Paragraph 1 of Subsection B of

20.2.72.203 NMAC; and (2) provided by certified mail to all municipalities and counties in which the

facility is or will be located and to all municipalities, Indian tribes, and counties within a ten (10) mile

radius of the property on which the facility is proposed to be constructed or operated.

# 169 applications, including a requirement that the applicant demonstrate that the proposed

modification will not result in allowable emissi ons that could contribute to an exceedance

of the NAAQS.

New Mexico determined that revisions a llowed under the Technical permit revisions

provisions were limited to permit revisions that either have no asso ciated increases in

emissions, which are truly de minimis , or associated emissions increases that have

associated impacts that are expected to be insignificant. The first four permit actions

listed previously that qualify as Technical permit revisions do not have any associated

increases in permitted emission rates. Therefore, similar to the Administrative permit

revisions, these four types of T echnical permit revisions are truly de minimis in nature.

Therefore, similar to our determination for Administrative permit revisions, we propose

to find that New Mexico provided an adequate demonstration and ju stification to show

that these four types of Tec hnical permit revisions provision s that are excluded from the

full public participation requirements are environmentally insignificant and therefore

satisfy the provisions of 40 CFR 51.160(e) and 161. The three remaining types of

Technical permit revisions are limited to pe rmit revisions that are expected to be

environmentally insignificant, either becau se of the limits placed on the associated

emissions increases or because the limited subcategory of permit revisions, which

represent a small subset of the permitting universe that are allowed by the Technical

revisions. Two of the remaining Technical re visions are limited to permit actions that

have associated increases in permitted em ission rates less than 1 pound per hour, which

equates to 4.38 tons per year assuming con tinuous operation. As documented in the SIP

revision submittal, an emissions increase of this small magnitude is not expected to result

in a significant environmental impact. The last Technical permit revision with associated

increases in permitted emissions allows an applicant to request up to a 10 percent

increase in permitted emission rates as a re sult of initial compliance testing. Such

adjustments in permitted emission rates are limited to very specific permit actions, and

the applicant is required to, as part of the Technical permit revision request, supply a

demonstration that the requested increase will not trigger additional requirements under

any Part of the NMAC, including Part 74 – PSD, and will not result in allowable

emissions that could contribute to the violation of any NAAQ S. The provisions in Section

219 result in the scope of permit revisions th at would qualify for the 10 percent increase

allowance to be limited to a small portion of permitting actions. New Mexico has

reviewed the 73 Technical permit revisions issued since 2009, and none of these

Technical permit revisions were issued under the 10 percent increase allowance

provisions contained in 20.2.72.219(B)(1)(e) NMAC. 16 

# Therefore, based on the

insignificant environmental impacts associated with the Technical permit revisions found

in 20.2.72.219(B)(1)(b) NMAC and 20.2.72.219(B)(1)(f ) NMAC and the limited scope of

permitting actions allowed under the Tec hnical revision found in 20.2.72.219(B)(1)(e)

NMAC, we propose to find that New Mexico provided an adequate demonstration and

justification to show that ex clusion of these remaining th ree types of Technical permit

revisions provisions from the full public part icipation requirements are environmentally

insignificant and therefore satisfy the provisions of 40 CF R 51.160(e) and 161.

16 

# Additional historical Technical permit revisions data was provided via electronic mail dated November 2,

2012, from Kerwin Singleton, NMED, to Ashley Mohr, EPA, Region 6.

# 170 (c) 110(l) Analysis for Technical Permit Revisions Under Section 219

As noted, the proposed revisions to add Section 219 and esta blish a tiered permit

revisions approach for Minor NSR modificatio ns result in a reduction of public notice

requirement for a portion of the modificati ons listed as Technical permit revisions.

Similar to the Administrative permit revisions, most of the permit ac tions that qualify as

Technical permit revisions do not have associat ed increases in permitted emission limits.

Under the new provisions found in Section 219, these Technical permit revisions are

required to conduct a reduced public notice that requires the applican t provide notice via

certified mail to specific persons and via a published newspaper notice. This public notice

is reduced compared to the public notice requi red for Significant permit revisions, but is

more stringent than the current SIP requi rements for revisions with no associated

increases in permitted emissions, which include a requirement for public notice only for

those permit revisions that include an increa se in a permitted emission limit. Therefore,

for those Technical permit revisions which do not have associated increases in permitted

emission limits, the proposed revisions to the New Mexico SIP result in additional public

notice requirements that are not included in the current SIP.

The three permit actions identified as T echnical permit revisions in 20.2.72.219(B)(1)(b)

NMAC, 20.2.72.219(B)(1)(e) NMAC, and 20.2.72.219(B)(1)(f) NMAC do include

associated increases in permitted emission lim its. Two of these permit revisions allow

only for small increases in permitted emission rates (1 pound per hour, which

corresponds to 4.38 tons per year assuming continuous operation). The remaining permit

action that qualifies as a Technical permit revision having an associated increase in

emission limitations described in 20.2.72.219( B)(1)(e) NMAC has other requirements

that must be met by the permit revision acti on that ensure that the revision will not

contribute to a NAAQS vi olation. For example, the appli cant must demonstrate that the

increase in permit emissions limits being pr oposed as a result of stack testing will not

result in a new allowable emission limit in th e permit that would contribute to a violation

of the NAAQS. These revisions, like all othe r Technical permit revisions, will undergo

review by NMED during which the Department will confirm that the revision meets the

applicable requirements of Section 219 to qualify for a Technical permit revision and

determine if the revision should be issued, de nied, or “bumped up” to a Significant permit

revision. Since Technical permit revisions ha ve a required public notice component, the

public will be notified of the proposed revisi on and will have the oppor tunity to request a

public meeting if they have significant quest ions or concerns re garding the proposed

permit revision.

Since adopting the tiered permit revisions approach in 1998, New Mexico has issued

2,055 Administrative permit revisions, 234 Technical permit revisions, and 482

Significant permit revisions in accordance w ith the Section 219 provisions. NMED’s

implementation of the tiered permit revision program, which allows for reduced public

notice for Administrative and Technical revi sions, has not resulted in a measured

exceedance of the NAAQS and has not shown any interference with reasonable further

# 171 progress in the state. 17 

# Furthermore, a review of the T echnical permit revisions issued in

the last three calendar year s (2009 – 2011) shows that the total annual increases in

permitted emissions is less than 7 tons per ye ar for all NAAQS pollutants for each of the

years. 18 

# In fact, most of the pollutants show no change or an overall decrease in annual

emissions as a result of the Technical pe rmit revisions issued during a given calendar

year. This historical look back of the Ne w Mexico preconstruction permitting program is

consistent with our expectation that the tiered permit revision program and associated

tiered public notice requirement s will not have adverse im pacts on air quality that

interfere with attainment or reasonable further progress or any other applicable

requirement of the Act.

Based on the reasons discussed above, we do not believe that the addition of Technical

permit revisions to the tiered approach in Section 219, will interfere with attainment or

reasonable further progress or any other appli cable requirement of the Act. We believe

that New Mexico provided a demonstration that adequately justifies the scope of

activities that require full review with public participat ion, because it excludes Technical

permit revisions that have associated environmental impacts that are either de minimis or

environmentally insignificant, using de minimis principles like those established in

Alabama Power to identify permit revisions that ar e not environmentally significant. Our

evaluation of the SIP revision submittals re lated to Section 219, which are under review

in this action, demonstrates compliance w ith Section 110(l) of the CAA and provides

further basis for proposed approval of this SIP revision to add the new Section 219 under

Part 72.

(d) Significant Permit Revisions

Significant revisions include thos e modifications made at a st ationary source that either

prior to or following the modification would result in a facility-wide potential emission

rate for any regulated air contaminant gr eater than 10 pounds per hour or 25 tons per

year, given that the modification does not quali fy as a Paragraph A, B, or C exemption

under Section 202 or an Admi nistrative or Technical Revision under Section 219.

Significant permit revisions must follow the same permitting procedures and meet the

same permitting requirements (e.g., payment of applicable fees, completion of public

notice) as those required for newly issued Minor NSR permits. The permitting

requirements for Significant permit revisions are no more or less stringent than those

required for permit revisions with an asso ciated increase in permitted emission rates

under the currently approved SIP. Significant permit revisions are subject to the same

submitted public participation requirements as those required for initial Minor NSR

permits, that we are proposing to approve. Because the associated public participation

requirements do not undermine the SIP revision’ s ability to meet Section 110(l) or any

17 

# Historical permit revisions data provided via Clarification of Exemptions in Section 202 of 20.2.72

NMAC – Construction Permits letter dated September 19, 2012 from Richard L. Goodyear, PE, Bureau

Chief, NMED to Mr. Thomas Diggs, Associate Director for Air Programs, EPA, Region 6.

18 

# Additional historical Technical permit revisions data was provided via electronic mail dated November 2,

2012, from Kerwin Singleton, NMED, to Ashley Mohr, EPA, Region 6.

# 172 other applicable requirement of the Act, we propose to approve Significant permit

revisions under Section 219 into the New Mexico SIP.

III.E.7 Submitted Revisions to Section 202 – Exemptions

As required by 40 CFR 51.160(e), a NSR progr am, including a Minor NSR permitting

program, must have procedures in place that identify the “types and sizes of facilities,

buildings, structures, or installations which w ill be subject to review.” As part of the

current SIP-approved Part 72 regulations, all st ationary sources with emissions in excess

of the following emissions thresholds are required to obtain a construction permit: 1) Any

person constructing a stationary source which has a potential emission rate greater than

10 pounds per hour or 25 tons per year of a ny regulated air contaminant for which there

is a National or New Mexico Ambient Air Qu ality Standard; 2) A ny person modifying a

stationary source when all of th e pollutant emitting activities at the entire facility, either

prior to or following the modification, emit a re gulated air contaminant for which there is

a National or New Mexico Ambient Air Qualit y Standard with a potential emission rate

greater than 10 pounds per hour or 25 tons per year and the regulated air contaminant is

emitted as a result of the modification ; a nd 3) Any person constructing a stationary

source which has a potential emission rate for lead greater than 5 tons per year or

modifying a stationary source which either pr ior to or following the modification has a

potential emission rate for lead greater than 5 tons per year. 19



# Therefore, the current New Mexico SIP does exempt constructed stationary sources and

modifications to an existing stationary s ource with potential emissions below these

thresholds from the Minor NSR permitting requirements. These emissions based

exemptions are the only type of exemptions contained in the current SIP for the Minor

NSR permitting program.

As previously stated, the current SIP-appr oved Part 72 contains provisions related to

Permit Revisions in Section 202. As part of the May 29, 1998 SIP submittal, this section

was revised to contain provisions related to Exemptions from the construction permitting

requirements in Part 72 and Paragraphs A, B, and C were added to Section 202

containing new exemptions from the Minor NSR permitting requirements in Part 72.

These newly proposed exemptions are emissi on source or activity based exemptions. The

provisions contained in these ne w Paragraphs include a listin g of the specific types and

sizes, where applicable, of s ources and activities that woul d be exempt from all or a

portion of the preconstruction permitting requirements. Therefore, the sources and

activities included in Paragra phs A, B, and C can be commenced or changed without

obtaining a Minor NSR permit or Minor NSR permit revision. The following subsections

describe the sources and emission activitie s listed in each Paragraph and the permitting

requirements they are exempted from in fu rther detail. Because these Paragraphs add

source and activity specific exemptions from preconstruction permitting beyond the

exemptions evaluated for and included in the current New Mexico SIP, the following

subsections also evaluate each new Paragra ph to determine if the proposed exemptions

19 

# The New Mexico SIP at 20.2.72.200(A)(1), (2), and (5) specify the emissions thresholds that trigger

minor preconstruction permitting requirements.

# 173 will interfere with attainment or reasonabl e further progress or any other applicable

requirement of the Act pursu ant to Section 110(l).

(a) Paragraph A Exemptions

Paragraph A includes a list of exempted emission sources and activities EPA has

historically approved into stat e SIPs, finding them to have de minimis environmental

impacts due to their trivial, insignificant nature. 20 

# These emission sources and activities

include the following:

1. Activities which occur strictly for mainte nance of grounds or bu ildings, including:

lawn care, pest control, grinding, cutting, welding, pa inting, woodworking,

sweeping, general repairs, ja nitorial activities, and building roofing operations;

2. Activities for maintenance of equipment or pollution control equipment, either

inside or outside of a building, incl uding cutting, weldi ng, and grinding, but

excluding painting;

3. Exhaust emissions from forklifts, courier vehicles, front end loaders, graders,

carts, maintenance trucks, and fugitive emissions from fleet vehicle refueling

operations, provided such emissions are not subject to any re quirements under this

Chapter (Air Quality), NSPS or NESHAP;

4. Use of fire fighting equipmen t and fire fighting training;

5. Government military activiti es such as field exercises, explosions, weapons

testing and demolition to the extent that such activities:

a. Do not result in visible emissions entering publicly accessible areas; and

b. Are not subject to a NSPS or NESHAP;

6. Office activities, such as photocopying;

7. Test drilling for characterization of u nderground storage tank and waste disposal

sites;

8. Non-anthropogenic wind blown dust;

9. Residential activities such as use of fireplaces, w oodstoves, and barbecue cookers;

10. Gases used to calibrate plant instru mentation, including continuous emission

monitoring (CEM) systems;

11. Food service, such as cafeteria activities;

12. Automotive repair shop activities, ex cept painting and use of solvents;

13. Use of portable aerospace ground equi pment (such as power generators,

compressors, heaters, air conditioners, light ing units) in direct support of aircraft

operations and on or in the immedi ate vicinity of an airfield;

14. Activities which occur strictly for prev entive maintenance of highway bridges,

displays and water towers, including: grinding, cutting, welding, painting, and

general repairs;

20 

# See e.g. Montana Air Quality Permits – General Exclusions (76 FR 40237, July 8, 2011), West Virginia

Table 45-13B De Minimis Sources (72 FR 5932, February 8, 2007).

# 174 15. The act of repositioning or relocating equipment, pipes, ductwork, or conveyors

within the plant site, but only when such change in physical configuration does

not:

a. Reposition or relocate any source of ai r emissions or the emission points

from any such source; or

b. Increase the amount of air emissions or the ambient impacts of such

emissions.

These Paragraph A emission sources and activ ities are not required to be reported on a

Minor NSR construction permit application a nd can be commenced or changed without

obtaining a Minor NSR permit or Minor NSR perm it revision. In addition, the emissions

from these sources and activities are not re quired to be included in facility-wide

emissions calculations for determining applicability for Minor NSR permitting.

(b) 110(l) Analysis for Paragraph A Exemptions

NMED provided a summary of anticipated impacts on ambient air quality for the

emission sources and activities included in the Paragraph A exemptions. For all sources

on this list, NMED indicat ed that impacts are expect ed to be non-existent,

negligible/insignificant, or less than emissi ons from other sources that are currently

unregulated. 21 

# NMED’s determination of anticipated impacts for these sources is

consistent with our understanding of the environmental insignificance of emissions

anticipated from these small emission sources and activities. In a ddition, NMED has been

carrying out the MNSR permitting program based on the codification of their permitting

policy since the adoption of the Paragraph A permit exemptions in 1998 without any

indication that these permit exemptions have interfered with attainment or reasonable

further progress. Specificall y, the implementation of the Pa ragraph A exemptions has not

resulted in a measured exceedance of the NAAQS. The historical monitoring data is

consistent with the anticipated impacts from these types of emission sources and

activities being environmentally insignificant along with the fact that the sources that

qualify for exemptions from Minor NSR permitting requirements make a small portion of

the state’s emission sources. Based on the cu rrent number of activ e emission sources in

the state of New Mexico, NMED estimates that the portion of emission sources that

qualify for exemptions under Section 202, including the Paragraph A exemptions,

accounts for less than ten percen t (10%) of the total number of active emission sources in

the state. 22 

# Based on the supporting information and historical look back regarding these

types of emission source and activity specific exemptions in other SIPs, EPA proposes to

approve Paragraph A of Secti on 202 into the New Mexico SIP.

21 

# Supporting documentation contained in May 29, 1998 SI P submittal, specifically the direct testimony and

public hearing transcript documents. Additional clarification also provided via Clarification of Exemptions

in Section 202 of 20.2.72 NMAC – Construction Permits letter dated September 19, 2012 from Richard L.

Goodyear, PE, Bureau Chief, NMED to Mr. Thomas Diggs, Associate Director for Air Programs, EPA,

Region 6.

22 

# Information regarding the portion of current activ e emission sources that qualify for the source and

activity specific exemptions under Section 202 was provided via electronic mail dated September 18, 2012,

from Kerwin Singleton, NMED, to Ashley Mohr, EPA, Region 6.

# 175 (c) Paragraph B Exemptions

Paragraph B of Section 202 includes the additi on of a second list of source and activity

specific permit exemptions for the Minor NSR permitting program. Like the Paragraph A

emission sources, the Paragraph B sources a nd activities are exempt ed from the Minor

NSR permitting requirements. However, facilitie s are required to include a listing of all

Paragraph B exempt sources in their permit application. This incl usion in the permit

application serves as a notification to NMED that a Paragraph B exempt source is located

at a facility. NMED can then, based on the not ification, verify that the source qualifies for

the permit exemption. For cases where a Pa ragraph B source is being added to a

permitted facility, the owner or operator is required to submit a request to NMED

requesting an Administrative revision to the pe rmit. This revision request also serves as a

notification that a Paragraph B source is lo cated at a facility and provides NMED an

opportunity to verify that the source qualifie s for the claimed exemption. Administrative

revisions are subject to the revised requi rements under Section 219 and were further

discussed in Section III.E.6 of this TSD.

The list of exempt sources and activities included in Paragraph B also includes

operational limitations for most of the em ission sources, which serve to minimize the

potential impacts from these sources and act ivities on ambient air quality. The following

is a listing of the Paragraph B exempt ions, including any operational limitations

contained in the Section 202 provisions:

1. Fuel burning equipment which is used solely for heating buildings for personal

comfort or for producing hot wate r for personal use and which:

a. Uses gaseous fuel and has a design ra te less than or equal to five (5)

million BTU per hour; or

b. Uses distillate oil (not including waste oil) and ha s a design rate less than

or equal to one (1) million BTU per hour; 23



# 2. VOC emissions resulting from the handling or storing of any VOC if:

a. Such VOC has a vapor pressure of less than two tenths (0.2) PSI at

temperatures at which the com pound is stored and handled; and

b. The owner or operator maintains suffici ent record keeping to verify that

the requirements of Sub-paragraph (a) of this paragraph are met;

3. Standby generators which are:

a. Operated only during the unavoidable loss of commercial utility power;

b. Operated less than 500 hours per year; and

c. Either are:

i. The only source of air emissions at the site; or

ii. Accompanied by sufficient record keeping to verify that the

standby generator is operated less than 500 hours per year;

4. The act of repositioning or relocating sources of air emissions or emissions points

within the plant site, but only when such change in physical configuration does

not increase air emissions or the ambient impacts of such emissions; 24

23 

# This activity generally is not considered construction or a modification by EPA and not required to obtain

a minor NSR permit.

# 176 5. Any emissions unit, operation, or activity th at has a potential emission rate of no

more than one-half (1/2) ton per year of any pollutant for which a National or

New Mexico Ambient Air Quality Standard has been set or one-half (1/2) ton per

year of any VOC. Multiple emissions units, operations, and activities that perform

identical or similar functions shall be comb ined in determining the applicability of

this exemption;

6. Surface coating of equipment, including spray painting, roll coating, and painting

with aerosol spray cans, if:

a. The potential emission rate of VOC s do not exceed ten (10) pounds per

hour;

b. The facility-wide total VOC content of all coating and clean-up solvent

use is less than two (2) tons per year; and

c. The owner or operator maintains suffici ent record keeping to verify that

the requirements in Sub-paragraphs (a) and (b) of this paragraph are met;

7. Particulate emissions resulting from abrasive blasting operations, if:

a. Blasting operations are entirely enclosed in a building; and

b. No visible particulate emissions are released from the building.

(d) 110(l) Analysis for Paragraph B Exemptions

Similar to that of the analysis provided for Paragraph A sources, NMED provided an

analysis of the anticipated impacts on ambien t air quality for the sources contained in

Paragraph B of Section 202. Emissions estim ates were provided for sources excluded

under Paragraph B, Sub-paragraphs 1, 2, 4, 5, 6 and 7. All of the emissions estimates

provided for the Paragraph B sources in the SIP submittal are less than 5.5 tons per year.

NMED did not provide specific emissions in formation for standby generators, which are

found under Sub-paragraph 3 of the Paragraph B exemptions in Section 202. However,

standby generators only qualify for the Paragraph B exemptions if they are operated only

during periods of unavoidable loss of commercia l utility power and operate less than 500

hours per year. Paragraph B also requires that for those sources located at a site with

other air emission sources, th e facility must maintain reco rds to verify operating hours

below 500 hours. Based on the limitations on the annual hours of operation for the

exempt standby generators, the expected annual emissions from these types of sources is

expected to be of similar magnitude as those emissions resulting from the other

Paragraph B exempted sources, i.e., less th an 5.5 tons per year. The provisions under

Section 202 also include simila r operational restrictions for other exempted sources under

Paragraph B that minimize the potential impacts from these exempted emission sources.

As indicated in the state’s analysis, the emissions resulting from the Paragraph B

exempted sources are not expected to have adverse impacts on air quality. Furthermore,

Section 202 requires that app licants report the presence of the Paragraph B exempted

sources on permit applications so that the Depa rtment can verify that the sources meet the

requirements under this Paragraph and qualify as a Paragraph B exempted sources, and

thus will not adversely impact air quality.

24 

# This activity does not increase emissions and ther efore generally is not considered construction or

modification by EPA, requiring a minor NSR permit.

# 177 In addition to the emissions estimates info rmation provided by New Mexico, NMED has

been carrying out the Minor NSR permitting program allowing for sources and activities

listed in Paragraph B to be exempt from a portion of the preconstruction permitting

requirements since the adoption of the perm it exemptions in 1998 without any indication

that these permit exemptions have interfered with attainment or reasonable further

progress. As previously stated, NMED ha s reviewed the currently active emission

sources contained in the st ate’s permitting database to determine the number of

documented sources that qualify for ex emptions under Section 202. NMED has

determined that Section 202 exempted sour ces, including Paragraph B sources, account

for less than 10 percent of the total number of currently active em ission sources. Based

on the supporting information and historical look back data regarding these emission

source and activity specific exemptions, EPA proposes to approve Paragraph B of

Section 202 into the New Mexico SIP.

(e) Paragraph C Exemptions

20.2.72.200(A)(3) NMAC of the current SIP requir es sources that are subject to the

applicable requirements of NSPS, NES HAP, or other emission limitation related

requirements of another Part under Chapter 2 of NMAC to obtain a preconstruction

permit under Part 72, regardless of the s ource’s potential to emit. The submitted

Paragraph C exemption under Section 202 exempts from Minor NSR permitting

requirements under Part 72 these sources with potential emission rates less than 25 tons

per year or 10 lb per hour if the only reason permitting under Part 72 is triggered is by the

fact the source is subject to NSPS, NES HAP, or another Part under Chapter 2 of

NMAC. 25,26 

# This exemption only applies to the permitting applicability requirement

found in 20.2.72.200(A)(3) NMAC. Therefore, in the event a source subject to NSPS,

NESHAP, or other Part exceeds the permitting applicability thresholds, such as the

thresholds for new Minor NSR sources found in 20.2.72.200(A)(1) NMAC or Minor

NSR modifications found 20.2.72.200(A)(2) NMAC, then the source would be required

to be subject to the Minor NSR permitting requirements under Part 72. New Mexico has

also explicitly excluded the following NSPS and NESHAP sources from claiming the

exemption under Paragraph C of Section 202: NSPS Subparts I and OOO and NESHAP

Subparts C and D.

(f) 110(l) Analysis for Paragraph C Exemptions

Under the current SIP at 20.2.72.200(A)(3) NMAC , sources subject to NSPS, NESHAP,

or any other New Mexico Air Quality C ontrol Regulation which contains emission

limitations for any regulated air contaminant are subject to the Minor NSR permitting

requirements in Part 72 regardless of whethe r their potential to emit is less than the 25

tons per year or 10 lb per hour perm itting threshold in 200.2.72.200(A)(1) NMAC. The

25 

# The applicability test requiring the source to obtai n a permit due to applicable emission limits under

NSPS, NESHAP, or other Part under NMAC Chapter 2 is found in 20.2.200(A)(3) NMAC.

26 

# To qualify for the Paragraph C exemptions, sources are also required to be included in a Notice of Intent

filed under 20.2.73 NMAC (Notice of Intent and Emissions Inventory); or to have met the notification

requirements to which they are subject under NSPS or NESHAP.

# 178 submitted Paragraph C of Section 202 includes an exemption for these sources from

20.2.72.200(A)(3) NMAC, and thus an exemption from the Minor NSR permitting

requirements in Part 72, if they are included in a Notice of Intent under Part 73 or have

met all applicable NSPS and NESHAP requirements, and have a potential to emit under

25 tons per year or 10 lb per hour. This ex emption thus is less stringent than the

requirements of the currently approved SIP, and must be evaluated to determine whether

it would cause interference with attainme nt or reasonable further progress.

NMED indicated in testimony before the st ate Environmental Improvement Board that

the intent of the current SIP approved rule was to use the Part 72 permit process as a

mechanism for receiving notification of NS PS, NESHAP, or other regulated sources.

NMED indicated in hearing tes timony that it is unnecessary for such a source, as long as

its potential to emit is under the 25 tons pe r year or 10 lb per hour Minor NSR permitting

thresholds, to undergo the entire Part 72 permitting program if the Department’s intent –

notification – is achieved in another way. Based on the implementation of this

preconstruction permitting requirement along with the other state and federal notification

requirements applicable to these sources, the Department determined that the notification

requirements found in Part 73, NSPS, or NESH AP are sufficient for these sources with

potential emission rates less than 25 tons per year or 10 lb per hour. Therefore, requiring

these sources to undergo the entire Part 72 preconstruction permitting process merely to

obtain notification of the sources’ existence is not necessary, as long as, the source

complies with the Part 73, NSPS, or NESHAP notification requirements. EPA finds from

NMED’s supporting documentation nothing in dicating these sources with potential

emission rates less than 25 tons per year or 10 lb per hour were permitted for any reason

other than notification.

Under the proposed Paragraph C exemption, th ese sources are only exempted from the

Minor NSR permitting requirements in Part 72 and are still required to meet all other

applicable requirements, including emissi ons limitations, testing, recordkeeping, and

reporting requirements. Additionally, th is exemption only applies to the

20.2.72.200(A)(3) NMAC applicability test, and th e source must evaluate the permitting

applicability requirements found in Sub-paragr aphs (1), (2), (4), (5), and (6) under

Paragraph A of Section 200. Based on NMED ’s testimony, EPA finds the Paragraph C

exemption for these sources if their pote ntial to emit is under Part 72’s permitting

thresholds for new Minor NSR sources and Minor NSR modifications codifies NMED’s

original primary purpose behind the current SIP – notification – without unnecessarily

requiring these sources to undergo the full Mi nor NSR permitting requirements of Part 72

in order to meet that purpose. Because this exemption would apply only for those sources

with a potential to emit below the currently SIP approved 25 tons per year or 10 lb per

hour minor NSR permitting thresholds in Part 72, EPA proposes to find Paragraph C of

Section 202 does not interfere w ith attainment or reasonable further progress and approve

it into the New Mexico SIP.

(g) Portable Source Relocation

The submitted Section 202 also contains provisions related to applicable permitting

requirements for portable sources that are being relocated. These provisions were

# 179 previously contained in Paragraph D of S ection 202, but were moved to Paragraph B

based on the additions of the source specific ex emptions in the previous paragraphs. As

part of the May 29, 1998 SIP revisions, clarif ying language was added to provisions in

Paragraph D regarding the requirements appli cants must meet in order to relocate a

permitted portable source without obtaining a permit revision. This SIP revision also

included the incorporation of additional recordkeeping and notification requirements that

must be met in order for the portable s ource to relocate without undergoing a permit

revision. As compared with the current SIP, EPA is proposing to approve these revised

provisions as they include more stringent requ irements for portable source relocation to

meet and qualify for an exemption from preconstruction permitting.

(h) Additional 110(l) Analys is – Historical Look Back

In addition to the referenced supporti ng documentation regarding the Section 202

exemptions included in the May 29, 1998 SIP revision submittal, NMED also provided

data as part of a historical look back to document how ma ny active emission sources have

been reported as exempted sources, as well as how may active emission sources

throughout the state may have qualified for exemptions from preconstruction permitting

under Section 202 of Part 72. Within the curr ent database of active emission sources,

there are 493 subject items listed as “Exempt” within the database. These subject items

may represent more than one emission source at a facility, if the facility has multiple

units that are the same. In addition, the curr ent active emission source database included

additional emission units that may have qua lified for a permit exemption under Section

202 and are not listed specifically as “Exempt.” NMED estim ates that the total number

of emission sources that may have qualif ied for exemptions from preconstruction

permitting requirements is currently more than 2,000. 27 

# NMED has indicated that over

the course of a decade since the state adopted the Permit Exemptions provisions in

Section 202, the implementation of the Permit Exemptions provisions have not resulted

in a measured exceedance of the NAAQS. EPA finds this data is consistent with the

supporting documentation provided by New Mexico in the SIP submittal that stated that

the anticipated impacts on air quality from the sources qualifying for exemptions from

preconstruction permitting requirements unde r Section 202 are expected to be

insignificant.

Based on the reasons discussed above, we do not believe that the addition of the permit

exemptions contained in Section 202 for minor permit modifications will interfere with

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

Furthermore, it is important to note that all of the permit exemptions contained in Section

202 are limited only to the Minor NSR permitti ng requirements contained in Sections 200

– 299 of Part 72. These exemptions would not apply to any other applicable state or

27 

# Information regarding active emission sources and the current number of active sources that have claimed

and/or may have qualified for exemptions under Sectio n 202 was provided via Clarification of Exemptions

in Section 202 of 20.2.72 NMAC – Construction Permits letter dated September 19, 2012 from Richard L.

Goodyear, PE, Bureau Chief, NMED to Mr. Thomas Diggs, Associate Director for Air Programs, EPA,

Region 6 letter dated September 19, 2012, from Mr. Richard Goodyear, NMED, to Mr. Thomas Diggs,

EPA.

# 180 federal requirements. The source would still be required to meet all ot her applicable state

and federal requirements, including ma jor NSR permitting requirements, NSPS,

NESHAPS or MACT requirements, and stat e toxics permitting requirements, if

applicable. The source would also have to comply with any c ontrol requirements

developed as part of a SIP control strategy, li ke the control requirements applicable to the

PM 10 

# nonattainment area in Anthony. Our eval uation of the SIP revision submittals

related to Section 202, which are under review in this action, demonstrates compliance

with Section 110(l) of the CAA and provides further basis for proposing approval of this

SIP revision.

# 181 IV. Conclusion

The technical analysis provided in the preced ing sections has compared the applicable

sections of the CAA and 40 CFR Part 51 to New Mexico’s proposed revisions to Part 72

that were submitted as SIP revisions on May 29, 1998, November 6, 1998, April 11,

2002, April 25, 2005, and November 2, 2006.

The analysis found that the proposed re visions to Part 72 submitted on May 29, 1998,

which amend five sections of the previously adopted Constructi on Permits regulation,

20.2.72.104 NMAC, 20.2.72.202 NMAC, 20.2.72.203 NMAC, and 20.2.72.207 NMAC

and add two additional new secti ons to Part 72, 20.2.72.219 NMAC and 20.2.72.220

NMAC are consistent with the CAA and 40 CFR Part 51. The analysis found that the

proposed revisions to Part 72 submitted on November 6, 1998, which amend two sections

of the previously adopted Construction Permits regulation, 20.2.72.210 NMAC and

20.2.72.300 NMAC are consistent with the CA A and 40 CFR Part 51. The analysis

found that the proposed revisions to Pa rt 72 submitted on November 6, 1998, which

amend twelve sections of the previously adopted Construction Permits regulation,

20.2.72.107 NMAC, 20.2.72.201 NMAC, 20.2. 72.203 NMAC, 20.2.72.206 NMAC,

20.2.72.207 NMAC, 20.2.72.208 NMAC, 20.2. 72.215 NMAC, 20.2.72.219 NMAC,

20.2.72.220 NMAC, 20.2.72.301 NMAC, 20.2.72.302 NMAC, and 20.2.72.304 NMAC,

renumber several sections of Part 72, and reformat the entire Part based on updated

NMAC formatting requirements are consiste nt with the CAA and 40 CFR Part 51. The

analysis found that the proposed revisions to Part 72 submitted on April 25, 2005, which

amend one section of the previously adopted Construction Permits regulation,

20.2.72.219 NMAC are consistent with the CA A and 40 CFR Part 51. The analysis

found that the proposed revisions to Pa rt 72 submitted on November 2, 2006, which

amend one section of the previously adopted Construction Permits regulation,

20.2.72.216 NMAC are consistent with the CAA and 40 CFR Part 51.

Based on our analysis, EPA is proposing an a pproval of these SIP revisions that were

submitted by New Mexico in accordance with section 110 of the Act.