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 Implementation 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) reviews 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 review 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 Records Center rule actions that adopted revisions to 20.2.72 

NMAC, concerning Construction Permits regulation. 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 propose 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 take final action no later than March 1, 

2013. 

November 6, 1998 Submittal

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

approved revisions to correct two typographical and numbering errors made during a 

previous revision to 20.2.72 NMAC, concerning Construction Permits regulation. 

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

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

1998, requesting the revision of the New Mexico SIP to incorporate the adopted 

revisions to the Construction Permits regulation. 

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

correct errors in 20.2.70 NMAC – Operating Permits. Because 20.2.70 NMAC is 

outside the scope of the New 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 Records Center rule actions that adopted revisions to 20.2.72 

NMAC, concerning Construction Permits regulation. 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 the 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 Deterioration, 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 Parts 73, 77, 75, and 79 have been or will be 

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

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

NMAC (filed with the State 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 Environmental Improvement Board (EIB) filed 

with the State Records Center a rule action that adopted revisions to 20.2.72 NMAC, 

concerning Construction Permits regulation. 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 Parts 66, 73, and 75 have been 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 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 Environmental Improvement Board (EIB) filed 

with the State Records Center a rule action that adopted revisions to 20.2.72 NMAC, 

concerning Construction Permits regulation. 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 adopted revisions to the construction permits 

regulation. 
5 

 The November 2, 2006 submittal from New Mexico also contained revisions to 

20.2.3 NMAC – Ambient Air Quality Standards, 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 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 Parts 3, 70, and 99 have been 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 November 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 Participation 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 reporting requirements for 

some types of small emission sources, the addition of governing provisions 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 revisions 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 sections 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 April 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 the 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 revisions amended one section of the 

previously adopted Construction Permits regulation, 20.2.72.216 NMAC. The 

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

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

Nonattainment Area Requirements and the expansion of the list of applicable sources 

under this section. The expansion of the applicability list was made to include Title V 
7 

sources that were applying for construction permits for the first time, as a result of 

revisions made to Part 70 provisions, and that have ambient impacts in nonattainment 

areas that exceed significant 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 revisions to 20.2.72 NMAC consists of a 

comparison between the relevant CAA requirements and the corresponding sections in 

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

under Part 51, Appendix V. Next, a section-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 comparison of the proposed SIP revision with 

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

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

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

the 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 are found in Appendix V to Part 51 – Criteria 

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

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

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

official submission for purposes of review under § 51.103. 

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

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

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

submitted plan. 

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

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

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

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

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

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

completeness under this paragraph means that the submission is an official 

submission for purposes of § 51.103. 

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

Appendix V. 
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 submittal letter from the Governor or his or her 

designee requesting EPA’s approval of the revision. 

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

May 29, 1998. 

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

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

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

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

from the adoption/issuance date. 

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

Mexico Environmental Improvement Board, 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 Environmental Improvement Act and Sections 74-2-1 et seq., 

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

AQCA. 

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

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

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

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

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

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 Records 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 followed all of the procedural requirements of 

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

adoption/issuance of the plan. 

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

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

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

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

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

in the submittal. 

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

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

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

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

hearing(s). 

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

date listed: 

 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 indicating that public hearing(s) was/were held in 

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

laws and constitution, if applicable. 

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

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 pollutants affected by the revision included. 

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

construction permitting program; therefore, the SIP submittal has the potential to 

address all regulated pollutants. 

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

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

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

The provisions contained in Part 72 can 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 located 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 affected 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 construction 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 protected 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 maintenance plan for the primary ambient air 

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

Air Act? 

Not applicable. 

b. Are contingency measures included? 

Not applicable. 

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

Modeling information is not necessary to support this SIP revision. 

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

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

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

The 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 recordkeeping/reporting requirements to ensure 

stated emission levels. 

Each individual issued NSR construction permit will include separate emission 

limitations, work practice standards, and recordkeeping/reporting requirements 

sufficient to ensure permitted particulate matter emission levels. The provisions 

contained in Section 210 of Part 72 specifically 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 compliance/enforcement strategies. 

Compliance/enforcement of the construction permitting program will be 

determined on a permit-by-permit basis. 

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

applicable EPA policies or an explanation why such justifications are not 
13 

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

require such justification. 

These justifications are not necessary for this SIP revision. 

The May 29, 1998, SIP submittal meets the completeness 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 are found in Appendix V to Part 51 – Criteria 

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

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

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

official submission for purposes of review under § 51.103. 

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

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

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

submitted plan. 

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

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

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

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

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

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

completeness under this paragraph means that the submission is an official 

submission for purposes of § 51.103. 

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

Appendix V. 
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 submittal letter from the Governor or his or her 

designee requesting EPA’s approval of the revision. 

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

November 6, 1998. 

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

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

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

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

from the adoption/issuance date. 

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

New Mexico Environmental Improvement Board, 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 Environmental Improvement Act and Sections 74-2-1 et seq., 

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

AQCA. 

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

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

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

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

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

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

the document itself. 

The November 6, 1998 submittal included a copy 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 regulation became effective on August 14, 1998. 

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

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

adoption/issuance of the plan. 

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

for the Environmental Improvement Board meeting, during which the proposed 

revisions to Part 72 were approved. 

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

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

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

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

hearing(s). 

Notice of the Environmental Improvement 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 indicating that public hearing(s) was/were held in 

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

laws and constitution, if applicable. 

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

as part of the documentation 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 previous version of the state adopted Part 72 

provisions. Therefore, no comments were received on the revisions since the 

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

of the previously adopted Part 72. 

Technical Support (2.2) 

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

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

construction permitting program; therefore, the SIP submittal has the potential to 

address all regulated pollutants. 
17 

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

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

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

The provisions contained in Part 72 can 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 located 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 affected 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 construction 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 protected 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 maintenance plan for the primary ambient air 

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

Air Act? 

Not applicable. 

b. Are contingency measures included? 

Not applicable. 
18 

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

Modeling information is not necessary to support this SIP revision. 

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

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

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

The 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 recordkeeping/reporting requirements to ensure 

stated emission levels. 

Each individual issued NSR construction permit will include separate emission 

limitations, work practice standards and recordkeeping/reporting requirements 

sufficient to ensure permitted particulate matter emission levels. The provisions 

contained in Section 210 of Part 72 specifically 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 compliance/enforcement strategies. 

Compliance/enforcement of the construction permitting program will be 

determined on a permit-by-permit basis. 

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

applicable EPA policies or an explanation why such justifications are not 

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

require such justification. 

These justifications are not necessary for this SIP revision. 

The November 6, 1998 SIP submittal meets the 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 SIP Submittal with respect to Part 51, 

Appendix V 

Part 51, Appendix V Completeness Checklist 

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

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

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

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

official submission for purposes of review under § 51.103. 

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

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

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

submitted plan. 

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

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

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

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

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

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

completeness under this paragraph means that the submission is an official 

submission for purposes of § 51.103. 

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

Appendix V. 
20 

SIP Completeness Checklist for 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 submittal letter from the Governor or his or her 

designee requesting EPA’s approval of the revision. 

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

April 11, 2002.

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

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

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

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

from the adoption/issuance date. 

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

Mexico Environmental Improvement Board, 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 Environmental Improvement Act and Sections 74-2-1 et seq., 

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

AQCA. 

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

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

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

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

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

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 Records 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 followed all of the procedural requirements of 

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

adoption/issuance of the plan. 

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

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

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

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

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

in the submittal. 

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

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

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

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

hearing(s). 

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

date listed: 

 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 indicating that public hearing(s) was/were held in 

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

laws and constitution, if applicable. 

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

April 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 – Construction Permits were discussed. 
22 

Technical Support (2.2) 

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

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

construction permitting program; therefore, the SIP submittal has the potential to 

address all regulated pollutants. 

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

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

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

The provisions contained in Part 72 can 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 located 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 affected 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 construction 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 protected 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 maintenance plan for the primary ambient air 

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

Air Act? 

Not applicable. 

b. Are contingency measures included? 

Not applicable. 

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

Modeling information is not necessary to support this SIP revision. 

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

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

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

The 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 recordkeeping/reporting requirements to ensure 

stated emission levels. 

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

limitations, work practice standards and recordkeeping/reporting requirements 

sufficient to ensure permitted particulate matter emission levels. The provisions 

contained in Section 210 of Part 72 specifically 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 compliance/enforcement strategies. 

Compliance/enforcement of the construction permitting program will be 

determined on a permit-by-permit basis. 

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

applicable EPA policies or an explanation why such justifications are not 
24 

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

require such justification. 

These justifications are not necessary for this SIP revision. 

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

CFR part 51, Appendix V. 
25 

III.A. Part 51, Appendix V Evaluation 

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

Appendix V 

Part 51, Appendix V Completeness Checklist 

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

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

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

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

official submission for purposes of review under § 51.103. 

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

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

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

submitted plan. 

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

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

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

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

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

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

completeness under this paragraph means that the submission is an official 

submission for purposes of § 51.103. 

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

Appendix V. 
26 

SIP Completeness Checklist for 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 submittal letter from the Governor or his or her 

designee requesting EPA’s approval of the revision. 

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

April 25, 2005.

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

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

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

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

from the adoption/issuance date. 

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

Environmental Improvement Board, 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 Environmental Improvement Act and Sections 74-2-1 et seq., 

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

AQCA. 

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

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

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

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

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

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

the document itself. 

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

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

effective August 27, 2003. 
27 

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

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

adoption/issuance of the plan. 

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

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

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

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

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

in the submittal. 

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

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

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

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

hearing(s). 

Notices of public hearings were published in the following newspaper on the date 

listed: 

 The Albuquerque Journal: April 29, 2003 

Notice of the public comment period and Hearing 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 indicating that public hearing(s) was/were held in 

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

laws and constitution, if applicable. 

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

April 25, 2005 SIP submittal. 

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

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

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

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

regarding the revisions to Part 72 – Construction Permits were discussed. 
28 

Technical Support (2.2) 

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

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

construction permitting program; therefore, the SIP submittal has the potential to 

address all regulated pollutants. 

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

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

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

The provisions contained in Part 72 can 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 located 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 affected 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 construction 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 protected 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 maintenance plan for the primary ambient air 

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

Air Act? 

Not applicable. 

d. Are contingency measures included? 

Not applicable. 

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

Modeling information is not necessary to support this SIP revision. 

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

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

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

The 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 recordkeeping/reporting requirements to ensure 

stated emission levels. 

Each individual issued NSR construction permit will include separate emission 

limitations, work practice standards and recordkeeping/reporting requirements 

sufficient to ensure permitted particulate matter emission levels. The provisions 

contained in Section 210 of Part 72 specifically 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 compliance/enforcement strategies. 

Compliance/enforcement of the construction permitting program will be 

determined on a permit-by-permit basis. 

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

applicable EPA policies or an explanation why such justifications are not 
30 

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

require such justification. 

These justifications are not necessary for this SIP revision. 

The April 25, 2005 SIP submittal meets the completeness 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 are found in Appendix V to Part 51 – Criteria 

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

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

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

official submission for purposes of review under § 51.103. 

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

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

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

submitted plan. 

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

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

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

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

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

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

completeness under this paragraph means that the submission is an official 

submission for purposes of § 51.103. 

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

Appendix V. 
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 submittal letter from the Governor or his or her 

designee requesting EPA’s approval of the revision. 

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

November 6, 1998. 

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

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

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

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

from the adoption/issuance date. 

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

Mexico Environmental Improvement Board, filed with the New Mexico State 

Records Center on August 8, 2006, and became 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 Environmental Improvement Act and Sections 74-2-1 et seq., 

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

AQCA. 

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

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

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

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

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

effective date of the regulation document shall, 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 Center on August 8, 2006, and which became 

effective on September 6, 2006. 
33 

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

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

adoption/issuance of the plan. 

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

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

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

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

A copy of the direct testimony presented at the public hearing along with 

supporting exhibits was also included in the submittal. 

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

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

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

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

hearing(s). 

Notices of public hearings were published in the following newspaper on the date 

listed: 

 The Albuquerque Journal: May 31, 2006 

Notice of the public comment period and Hearing 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 indicating that public hearing(s) was/were held in 

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

laws and constitution, if applicable. 

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

the proposed revisions and associated public hearing. The submittal also 

included a copy of NMED’s direct testimony 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 hearing, along with the supporting hearing 

exhibits 
34 

Technical Support (2.2) 

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

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

construction permitting program; therefore, the SIP submittal has the potential to 

address all regulated pollutants. 

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

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

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

The provisions contained in Part 72 can 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 located 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 affected 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 construction 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 protected 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 maintenance plan for the primary ambient air 

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

Air Act? 

Not applicable. 

f. Are contingency measures included? 

Not applicable. 

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

Modeling information is not necessary to support this SIP revision. 

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

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

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

The 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 recordkeeping/reporting requirements to ensure 

stated emission levels. 

Each individual issued NSR construction permit will include separate emission 

limitations, work practice standards and recordkeeping/reporting requirements 

sufficient to ensure permitted particulate matter emission levels. The provisions 

contained in Section 210 of Part 72 specifically 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 compliance/enforcement strategies. 

Compliance/enforcement of the construction permitting program will be 

determined on a permit-by-permit basis. 

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

applicable EPA policies or an explanation why such justifications are not 
36 

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

require such justification. 

These justifications are not necessary for this SIP revision. 

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

40 CFR part 51, Appendix V. 
37 

III.B. Review with respect to 40 CFR Part 51 Evaluation of the May 29, 1998, November 6, 1998, April 11, 2002, April 25, 2005, and November 2, 2006 S

respect to the requirements of 40 CFR Part 51 Requirements for the preparation, adoption, and submittal of implementation plans can be found in 40 CFR Part construction permits provisions were evaluated against the applicable requirements in Part 51, included in Table 

Table B.I: Analysis of Part 51 Requirements 

Part 51 – 

Requirements for 

Preparation, Adoption, 

and Submittal of 

Implementation Plans 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

SIP Submittal Date May 29, 1998 November 6, 1998 April 11, 2002 April 25, 2005 

Subpart A – Emission 

Inventory Reporting 

Requirements 

The submitted sections under review in this document regarding the NSR construction permits program do not affect the current New Mexico requirements for Emission Inventory Reporting. 

The submitted sections under review in this document regarding the NSR construction permits program do not affect the current New Mexico requirements for Emission Inventory Reporting. 

The submitted sections under review in this document regarding the NSR construction permits program do not affect the current New Mexico requirements for Emission Inventory Reporting. 

The submitted sections under review in this document regarding the NSR construction permits program do not affect the current New Mexico requirements for Emission Inventory Reporting. 

Subparts B – E 

[Reserved] 

Not applicable. Not applicable. Not applicable. Not applicable. 

Subpart F – Procedural 

Requirements 

Subpart F – Procedural 

Requirements 

Subpart F – Procedural 

Requirements 

Subpart F – Procedural 

Requirements 

Subpart F – Procedural 

Requirements 

§ 51.100 Definitions § 51.100 is not 

applicable to the 

§ 51.100 is not applicable to the 

§ 51.100 is not applicable to the 

§ 51.100 is not applicable to the 
38 

Part 51 – 

Requirements for 

Preparation, Adoption, 

and Submittal of 

Implementation Plans 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

constructions permits regulations under review in this TSD. 

constructions permits regulations under review in this TSD. 

constructions permits regulations under review in this TSD.

constructions permits regulations under review in this TSD. 

§ 51.101 Stipulations § 51.101 is not 

applicable to the constructions permits regulations under review in this TSD. 

§ 51.101 is not applicable to the constructions permits regulations under review in this TSD. 

§ 51.101 is not applicable to the constructions permits regulations under review in this TSD. 

§ 51.101 is not applicable to the constructions permits regulations under review in this TSD. 

§ 51.102 Public Hearings 

 States must 

conduct one or more public hearings 

 Public hearings 

will only be held after reasonable notice, given at least 30 days prior to the date of the hearing 

 The state must 

submit with the revision a certification that the hearing was held in 

Please see section III.A of this TSD for the evaluation of the SIP revision with respect to the Part 51, Appendix V Checklist. This SIP submission under review in this document met the requirements of 51.102 for notification of public hearings, as detailed in the Part 51, Appendix V Checklist and certified by appropriate state officials.

Please see section III.A of this TSD for the evaluation of the SIP revision with respect to the Part 51, Appendix V Checklist. This SIP submission under review in this document met the requirements of 51.102 for notification of public hearings, as detailed in the Part 51, Appendix V Checklist and certified by appropriate state officials. 

Please see section III.A of this TSD for the evaluation of the SIP revision with respect to the Part 51, Appendix V Checklist. This SIP submission under review in this document met the requirements of 51.102 for notification of public hearings, as detailed in the Part 51, Appendix V Checklist and certified by appropriate state officials. 

Please see section III.A of this TSD for the evaluation of the SIP revision with respect to the Part 51, Appendix V Checklist. This SIP submission under review in this document met the requirements of 51.102 for notification of public hearings, as detailed in the Part 51, Appendix V Checklist and certified by appropriate state officials. 
39 

Part 51 – 

Requirements for 

Preparation, Adoption, 

and Submittal of 

Implementation Plans 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

accordance with this section 

§ 51.103 Submission of plans, preliminary review of plans 

 The state makes 

an official plan submission to EPA only when the submission conforms to the requirements of Part 51, Appendix V. 

 The state 

delivers 5 copies of the plan with a letter giving notice of the action to the EPA regional office. 

Please see section III.A of this TSD for the evaluation of the SIP revision with respect to the Part 51, Appendix V Checklist. This SIP submission meets the requirements for completeness. 

Please see section III.A of this TSD for the evaluation of the SIP revision with respect to the Part 51, Appendix V Checklist. This SIP submission meets the requirements for completeness. 

Please see section III.A of this TSD for the evaluation of the SIP revision with respect to the Part 51, Appendix V Checklist. This SIP submission meets the requirements for completeness. 

Please see section III.A of this TSD for the evaluation of the SIP revision with respect to the Part 51, Appendix V Checklist. This SIP submission meets the requirements for completeness. 

§ 51.104 Revisions 

 States may 

revise the plan from time to 

Please see section III.A of this TSD for the evaluation of the SIP revision with respect to 

Please see section III.A of this TSD for the evaluation of the SIP revision with respect to 

Please see section III.A of this TSD for the evaluation of the SIP revision with respect to 

Please see section III.A of this TSD for the evaluation of the SIP revision with respect to 
40 

Part 51 – 

Requirements for 

Preparation, Adoption, 

and Submittal of 

Implementation Plans 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

time 

 EPA will 

approve revisions only after appropriate public hearing requirements have been met 

 Revisions must 

be submitted in accordance with 51.103 

the Part 51, Appendix V Checklist. This SIP submission meets the requirements of 51.102, 51.103, and 51.104 for notification of public hearings and submission of revisions, as detailed in the Part 51, Appendix V Checklist and certified by appropriate state officials. 

the Part 51, Appendix V Checklist. This SIP submission meets the requirements of 51.102, 51.103, and 51.104 for notification of public hearings and submission of revisions, as detailed in the Part 51, Appendix V Checklist and certified by appropriate state officials. 

the Part 51, Appendix V Checklist. This SIP submission meets the requirements of 51.102, 51.103, and 51.104 for notification of public hearings and submission of revisions, as detailed in the Part 51, Appendix V Checklist and certified by appropriate state officials. 

the Part 51, Appendix V Checklist. This SIP submission meets the requirements of 51.102, 51.103, and 51.104 for notification of public hearings and submission of revisions, as detailed in the Part 51, Appendix V Checklist and certified by appropriate state officials. 

Subpart G – Control 

Strategy 

Requirements found in 51, Subpart H are not applicable to the sections under review in this document. These sections are related to New Mexico’s construction permitting program and are not concerned with control strategies necessary to attain or maintain NAAQS. 

Requirements found in 51, Subpart H are not applicable to the sections under review in this document. These sections are related to New Mexico’s construction permitting program and are not concerned with control strategies necessary to attain or maintain NAAQS. 

Requirements found in 51, Subpart H are not applicable to the sections under review in this document. These sections are related to New Mexico’s construction permitting program and are not concerned with control strategies necessary to attain or maintain NAAQS. 

Requirements found in 51, Subpart H are not applicable to the sections under review in this document. These sections are related to New Mexico’s construction permitting program and are not concerned with control strategies necessary to attain or maintain NAAQS. 

Subpart H – Prevention 

of Air Pollution 

Requirements found in 51, Subpart H are not 

Requirements found in 51, Subpart H are not 

Requirements found in 51, Subpart H are not 

Requirements found in 51, Subpart H are not 
41 

Part 51 – 

Requirements for 

Preparation, Adoption, 

and Submittal of 

Implementation Plans 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

Emergency Episodes applicable to the sections 

under review in this document. These sections are related to New Mexico’s construction permitting program and are not concerned with air pollution emergency episode plans. 

applicable to the sections under review in this document. These sections are related to New Mexico’s construction permitting program and are not concerned with air pollution emergency episode plans. 

applicable to the sections under review in this document. These sections are related to New Mexico’s construction permitting program and are not concerned with air pollution emergency episode plans. 

applicable to the sections under review in this document. These sections are related to New Mexico’s construction permitting program and are not concerned with air pollution emergency episode plans. 

Subpart I – Review of 

New Sources and 

Modifications 

Part 51, Subpart I requirements are applicable to the SIP submittal under review in this document. Part 72 contains the provisions that establish New Mexico’s Minor NSR permitting program as well as preconstruction permitting requirements potentially applicable to other programs under the NMAC. Please see the additional analyses in this section, section III.C, and section III.E 

Part 51, Subpart I requirements are applicable to the SIP submittal under review in this document. Part 72 contains the provisions that establish New Mexico’s Minor NSR permitting program as well as preconstruction permitting requirements potentially applicable to other programs under the NMAC. Please see the additional analyses in this section, section III.C, and section III.E 

Part 51, Subpart I requirements are applicable to the SIP submittal under review in this document. Part 72 contains the provisions that establish New Mexico’s Minor NSR permitting program as well as preconstruction permitting requirements potentially applicable to other programs under the NMAC. Please see the additional analyses in this section, section III.C, and section III.E 

Part 51, Subpart I requirements are applicable to the SIP submittal under review in this document. Part 72 contains the provisions that establish New Mexico’s Minor NSR permitting program as well as preconstruction permitting requirements potentially applicable to other programs under the NMAC. Please see the additional analyses in this section, section III.C, and section III.E 
42 

Part 51 – 

Requirements for 

Preparation, Adoption, 

and Submittal of 

Implementation Plans 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

for more details about how each section satisfies the CAA and Part 51, Subpart I requirements for NSR permitting. 

for more details about how each section satisfies the CAA and Part 51, Subpart I requirements for NSR permitting. 

for more details about how each section satisfies the CAA and Part 51, Subpart I requirements for NSR permitting. 

for more details about how each section satisfies the CAA and Part 51, Subpart I requirements for NSR permitting. 

Subpart J – Ambient Air 

Quality Surveillance 

Requirements found in 51, Subpart J are not applicable to the SIP submittal under review in this document. The SIP revisions relate to the NSR construction permits programs and are not concerned with ambient air quality surveillance. 

Requirements found in 51, Subpart J are not applicable to the SIP submittal under review in this document. The SIP revisions relate to the NSR construction permits programs and are not concerned with ambient air quality surveillance. 

Requirements found in 51, Subpart J are not applicable to the SIP submittal under review in this document. The SIP revisions relate to the NSR construction permits programs and are not concerned with ambient air quality surveillance. 

Requirements found in 51, Subpart J are not applicable to the SIP submittal under review in this document. The SIP revisions relate to the NSR construction permits programs and are not concerned with ambient air quality surveillance. 

Subpart K – Source 

Surveillance 

Requirements found in 51, Subpart K are not applicable to the SIP submittal under review in this document. The SIP revisions relate to the NSR construction permits programs and are not concerned with source surveillance. 

Requirements found in 51, Subpart K are not applicable to the SIP submittal under review in this document. The SIP revisions relate to the NSR construction permits programs and are not concerned with source surveillance. 

Requirements found in 51, Subpart K are not applicable to the SIP submittal under review in this document. The SIP revisions relate to the NSR construction permits programs and are not concerned with source surveillance. 

Requirements found in 51, Subpart K are not applicable to the SIP submittal under review in this document. The SIP revisions relate to the NSR construction permits programs and are not concerned with source surveillance. 

Subpart L – Legal Subpart L – Legal Subpart L – Legal Subpart L – Legal Subpart L – Legal 
43 

Part 51 – 

Requirements for 

Preparation, Adoption, 

and Submittal of 

Implementation Plans 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

Authority Authority Authority Authority Authority 

§ 51.230 Each plan must show that the State has the necessary legal authority to carry out the plan, including the authority to adopt emission standards and limitations necessary for attainment of the NAAQS, enforce applicable laws and regulations and seek injunctive relief. 

As specified in the submittal, the SIP revision package was developed under the legal authority at Paragraph 4 of Subsection A of Section 74-1-8 of the Environmental Improvement Act and Sections 74-2-1 et seq., including specifically, Section 74-2-7(A)(1), (B), (C), and (D)of the New Mexico AQCA. 

As specified in the submittal, the SIP revision package was developed under the legal authority at Paragraph 4 of Subsection A of Section 74-1-8 of the Environmental Improvement Act and Sections 74-2-1 et seq., including specifically, Section 74-2-7(A)(1), (B), (C), and (D)of the New Mexico AQCA. 

As specified in the submittal, the SIP revision package was developed under the legal authority at Paragraph 4 of Subsection A of Section 74-1-8 of the Environmental Improvement Act and Sections 74-2-1 et seq., including specifically, Section 74-2-7(A)(1), (B), (C), and (D)of the New Mexico AQCA. 

As specified in the submittal, the SIP revision package was developed under the legal authority at Paragraph 4 of Subsection A of Section 74-1-8 of the Environmental Improvement Act and Sections 74-2-1 et seq., including specifically, Section 74-2-7(A)(1), (B), (C), and (D)of the New Mexico AQCA. 

§ 51.231 The provision of law or regulation which the State determines provides the authorities required must be specifically indentified and copies must be submitted with the plan. 

As specified in the submittal, the SIP revision package was developed under the legal authority at Paragraph 4 of Subsection A of Section 74-1-8 of the Environmental Improvement Act and Sections 74-2-1 et seq., including specifically, 

As specified in the submittal, the SIP revision package was developed under the legal authority at Paragraph 4 of Subsection A of Section 74-1-8 of the Environmental Improvement Act and Sections 74-2-1 et seq., including specifically, 

As specified in the submittal, the SIP revision package was developed under the legal authority at Paragraph 4 of Subsection A of Section 74-1-8 of the Environmental Improvement Act and Sections 74-2-1 et seq., including specifically, 

As specified in the submittal, the SIP revision package was developed under the legal authority at Paragraph 4 of Subsection A of Section 74-1-8 of the Environmental Improvement Act and Sections 74-2-1 et seq., including specifically, 
44 

Part 51 – 

Requirements for 

Preparation, Adoption, 

and Submittal of 

Implementation Plans 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

Section 74-2-7(A)(1), (B), (C), and (D)of the New Mexico AQCA. 

Section 74-2-7(A)(1), (B), (C), and (D)of the New Mexico AQCA. 

Section 74-2-7(A)(1), (B), (C), and (D)of the New Mexico AQCA. 

Section 74-2-7(A)(1), (B), (C), and (D)of the New Mexico AQCA. 

§ 51.232 A state government agency other than the State air pollution control agency may be assigned responsibility for carrying out a portion of the plan. 

The New Mexico NSR SIP revisions reviewed in this document identified the EIB as the agency responsible for developing, implementing, and enforcing the SIP. Please see section III.A of this document for the Part 51, Appendix V checklist for each submittal. 

The New Mexico NSR SIP revisions reviewed in this document identified the EIB as the agency responsible for developing, implementing, and enforcing the SIP. Please see section III.A of this document for the Part 51, Appendix V checklist for each submittal. 

The New Mexico NSR SIP revisions reviewed in this document identified the EIB as the agency responsible for developing, implementing, and enforcing the SIP. Please see section III.A of this document for the Part 51, Appendix V checklist for each submittal. 

The New Mexico NSR SIP revisions reviewed in this document identified the EIB as the agency responsible for developing, implementing, and enforcing the SIP. Please see section III.A of this document for the Part 51, Appendix V checklist for each submittal. 

Subpart M – 

Intergovernmental 

Consultation 

The New Mexico NSR SIP revisions reviewed in this document identified the EIB as the agency responsible for developing, implementing, and enforcing the SIP. Please see section III.A of this document for the Part 51, Appendix V checklist for each 

The New Mexico NSR SIP revisions reviewed in this document identified the EIB as the agency responsible for developing, implementing, and enforcing the SIP. Please see section III.A of this document for the Part 51, Appendix V checklist for each 

The New Mexico NSR SIP revisions reviewed in this document identified the EIB as the agency responsible for developing, implementing, and enforcing the SIP. Please see section III.A of this document for the Part 51, Appendix V checklist for each 

The New Mexico NSR SIP revisions reviewed in this document identified the EIB as the agency responsible for developing, implementing, and enforcing the SIP. Please see section III.A of this document for the Part 51, Appendix V checklist for each 
45 

Part 51 – 

Requirements for 

Preparation, Adoption, 

and Submittal of 

Implementation Plans 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

submittal. submittal. submittal. submittal. 

Subpart N – Compliance 

Schedule 

Requirements found in 51, Subpart N are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program. These revisions do not establish a compliance schedule for any NAAQS, and therefore do not need to address the requirements of 40 CFR 51, Subpart N. 

Requirements found in 51, Subpart N are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program. These revisions do not establish a compliance schedule for any NAAQS, and therefore do not need to address the requirements of 40 CFR 51, Subpart N. 

Requirements found in 51, Subpart N are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program. These revisions do not establish a compliance schedule for any NAAQS, and therefore do not need to address the requirements of 40 CFR 51, Subpart N. 

Requirements found in 51, Subpart N are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program. These revisions do not establish a compliance schedule for any NAAQS, and therefore do not need to address the requirements of 40 CFR 51, Subpart N. 

Subpart O – 

Miscellaneous Plan 

Content Requirements 

Requirements found in 51, Subpart O are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program. It is not necessary that this SIP submittal also establishes electronic reporting procedures or public notification requirements as part of 

Requirements found in 51, Subpart O are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program. It is not necessary that this SIP submittal also establishes electronic reporting procedures or public notification requirements as part of 

Requirements found in 51, Subpart O are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program. It is not necessary that this SIP submittal also establishes electronic reporting procedures or public notification requirements as part of 

Requirements found in 51, Subpart O are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program. It is not necessary that this SIP submittal also establishes electronic reporting procedures or public notification requirements as part of 
46 

Part 51 – 

Requirements for 

Preparation, Adoption, 

and Submittal of 

Implementation Plans 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

the action. In addition, this SIP submittal is not expected to have a fiscal implication for NMED or other state/local government through the implementation of the construction permits regulation. 

the action. In addition, this SIP submittal is not expected to have a fiscal implication for NMED or other state/local government through the implementation of the construction permits regulation. 

the action. In addition, this SIP submittal is not expected to have a fiscal implication for NMED or other state/local government through the implementation of the construction permits regulation. 

the action. In addition, this SIP submittal is not expected to have a fiscal implication for NMED or other state/local government through the implementation of the construction permits regulation. 

Subpart P – Protection 

of Visibility 

Requirements found in 51, Subpart P are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and is not submitted as part of the Department’s protection of visibility program. 

Requirements found in 51, Subpart P are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and is not submitted as part of the Department’s protection of visibility program. 

Requirements found in 51, Subpart P are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and is not submitted as part of the Department’s protection of visibility program. 

Requirements found in 51, Subpart P are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and is not submitted as part of the Department’s protection of visibility program. 

Subpart Q – Reports Requirements found in 

51, Subpart Q are not applicable to thise SIP submittal, which is related to New Mexico’s construction permitting program and does not establish new reporting requirements. 

Requirements found in 51, Subpart Q are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and does not establish new reporting requirements. 

Requirements found in 51, Subpart Q are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and does not establish new reporting requirements. 

Requirements found in 51, Subpart Q are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and does not establish new reporting requirements. 
47 

Part 51 – 

Requirements for 

Preparation, Adoption, 

and Submittal of 

Implementation Plans 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

Subpart R – Extensions Requirements found in 

51, Subpart R are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and is not related to a request for an 18-month extension. 

Requirements found in 51, Subpart R are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and is not related to a request for an 18-month extension. 

Requirements found in 51, Subpart R are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and is not related to a request for an 18-month extension. 

Requirements found in 51, Subpart R are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and is not related to a request for an 18-month extension. 

Subpart S – 

Inspection/Maintenance 

Program Requirements 

Requirements found in 51, Subpart S are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and does not establish inspection/maintenance programs. 

Requirements found in 51, Subpart S are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and does not establish inspection/maintenance programs. 

Requirements found in 51, Subpart S are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and does not establish inspection/maintenance programs. 

Requirements found in 51, Subpart S are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and does not establish inspection/maintenance programs. 

Subpart T – Conformity 

to State or Federal 

Implementation Plans of 

Transportation Plans, 

Programs, and Projects 

Developed, Funded, or 

Requirements found in 51, Subpart T are not applicable to this SIP submittal under review in this document, which is related to New 

Requirements found in 51, Subpart T are not applicable to this SIP submittal under review in this document, which is related to New 

Requirements found in 51, Subpart T are not applicable to this SIP submittal under review in this document, which is related to New 

Requirements found in 51, Subpart T are not applicable to this SIP submittal under review in this document, which is related to New 
48 

Part 51 – 

Requirements for 

Preparation, Adoption, 

and Submittal of 

Implementation Plans 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

Approved Under Title 

23 U.S.C or the Federal 

Transit Laws 

Mexico’s construction permitting program and does not interfere with the transportation conformity budgets developed for each nonattainment and maintenance area pursuant to subpart T. 

Mexico’s construction permitting program and does not interfere with the transportation conformity budgets developed for each nonattainment and maintenance area pursuant to subpart T. 

Mexico’s construction permitting program and does not interfere with the transportation conformity budgets developed for each nonattainment and maintenance area pursuant to subpart T. 

Mexico’s construction permitting program and does not interfere with the transportation conformity budgets developed for each nonattainment and maintenance area pursuant to subpart T. 

Subpart U – Economic 

Incentive Programs 

40 CFR part 51, subpart U establishes requirements for statutorily mandated economic incentive programs under sections 182(g)(3), 182(g)(5), 187(d)(3), or 187(g) of the CAA. This subpart is not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program. 

40 CFR part 51, subpart U establishes requirements for statutorily mandated economic incentive programs under sections 182(g)(3), 182(g)(5), 187(d)(3), or 187(g) of the CAA. This subpart is not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program. 

40 CFR part 51, subpart U establishes requirements for statutorily mandated economic incentive programs under sections 182(g)(3), 182(g)(5), 187(d)(3), or 187(g) of the CAA. This subpart is not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program. 

40 CFR part 51, subpart U establishes requirements for statutorily mandated economic incentive programs under sections 182(g)(3), 182(g)(5), 187(d)(3), or 187(g) of the CAA. This subpart is not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program. 

Subpart W – 

Determining Conformity 

of General Federal 

Actions to State or 

Federal Implementation 

Requirements found in 51, Subpart W are not applicable to this SIP submittal, which is related to New Mexico’s 

Requirements found in 51, Subpart W are not applicable to this SIP submittal, which is related to New Mexico’s 

Requirements found in 51, Subpart W are not applicable to this SIP submittal, which is related to New Mexico’s 

Requirements found in 51, Subpart W are not applicable to this SIP submittal, which is related to New Mexico’s 
49 

Part 51 – 

Requirements for 

Preparation, Adoption, 

and Submittal of 

Implementation Plans 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

Plans construction permitting 

program and is not address or interfere with the New Mexico rules for general conformity. 

construction permitting program and is not address or interfere with the New Mexico rules for general conformity. 

construction permitting program and is not address or interfere with the New Mexico rules for general conformity. 

construction permitting program and is not address or interfere with the New Mexico rules for general conformity. 

Subpart X – Provisions 

for Implementation of 8-

hr Ozone NAAQS 

Requirements found in 51, Subpart X are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and is not associated with the implementation of the 8-hour ozone NAAQS. 

Requirements found in 51, Subpart X are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and is not associated with the implementation of the 8-hour ozone NAAQS. 

Requirements found in 51, Subpart X are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and is not associated with the implementation of the 8-hour ozone NAAQS. 

Requirements found in 51, Subpart X are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and is not associated with the implementation of the 8-hour ozone NAAQS. 

Subpart Y – Mitigation 

Requirements 

Requirements found in 51, Subpart Y are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and is not associated with the mitigating requirements of exceptional events. 

Requirements found in 51, Subpart Y are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and is not associated with the mitigating requirements of exceptional events. 

Requirements found in 51, Subpart Y are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and is not associated with the mitigating requirements of exceptional events. 

Requirements found in 51, Subpart Y are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and is not associated with the mitigating requirements of exceptional events. 
50 

Part 51 – 

Requirements for 

Preparation, Adoption, 

and Submittal of 

Implementation Plans 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

New Mexico 

Administrative Code 

Title 20 – 

Environmental 

Protection, Chapter 2 – 

Air Quality 

(Statewide), Part 72 – 

Construction Permits 

Revisions 

Subpart Z – Provisions 

for Implementation of 

PM2.5 NAAQS 

Requirements found in 51, Subpart Z are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and is not associated with the implementation of the PM2.5 NAAQS. 

Requirements found in 51, Subpart Z are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and are not associated with the implementation of the PM2.5 NAAQS. 

Requirements found in 51, Subpart Z are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and are not associated with the implementation of the PM2.5 NAAQS. 

Requirements found in 51, Subpart Z are not applicable to this SIP submittal, which is related to New Mexico’s construction permitting program and are not associated with the implementation of the PM2.5 NAAQS. 
51 

III.C. Section-by-Section Review 

The current New Mexico SIP includes approved 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 approval 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 whether 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.
52 

Table C.I: Revisions to Section 100 – Issuing Agency 

Current SIP-approved Language April 11, 2002 SIP Submittal (Baseline Regulatory Language) (02/02/2001 State Revisions) 100. ISSUING AGENCY: Environmental Improvement Board. [100.] 20.2.72.1 ISSUING AGENCY: Environment

 Section 100 identifies the issuing agency for Part 72 – Construction Permits. 

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The April 11, 2002 revisions to Section 100 include the renumbering of this section to Section 1 and formatti

section title. The formatting changes were a result of Part 72 being reformatted to be consistent with other fo

found in the NMAC. 

 These revisions to Section 100 do not result in substantive changes to Part 72 as contained in the current New 

Table C.II: Revisions to Section 101 – Scope

Current 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, except as otherwise provided by this Part. 

[101.] 20.2.72.2 SCOPE: All persons who intend to 

source, 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 in the following SIP submittal(s): April 11, 2002.  The April 11, 2002 revisions to Section 101 include the renumbering of this section to Section 2 and formatti

section title. The formatting changes were a result of Part 72 being reformatted to be consistent with other fo

found in the NMAC. 

 These revisions to Section 101 do not result in substantive changes to Part 72 as contained in the current New 

Table C.III: Revisions to Section 102 – Statutory Authority

Current 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, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 74-2-7(A)(1), 

[102.] 20.2.72.3 STATUTORY AUTHORITY: E

Improvement Act, NMSA 1978, Section 74-1-8(A)(4Control Act, NMSA 1978, Sections 74-2-1 et seq., in
53 

Current SIP-approved Language April 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 of Part 72 – Construction Permits.  Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The April 11, 2002 revisions to Section 102 include the renumbering of this section to Section 3 and formatti

section title. The formatting changes were a result of Part 72 being reformatted to be consistent with other fo

found in the NMAC. 

 These revisions to Section 102 do not result in substantive changes to Part 72 as contained in the current New 

Table C.IV: Revisions to Section 103 – Duration

Current SIP-approved Language April 11, 2002 SIP Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) 103. DURATION: Permanent. Notwithstanding the applicability provisions of Section 402 of this Part, the Department is stayed from enforcing requirements relating to asphalt fumes as a toxic air pollutant for new or modified sources until September 1, 1997. 

[103.] 20.2.72.4 DURATION: Permanent. Notwith

provisions of [Section 402 of this Part] 20.2.72.402 N

is stayed from enforcing requirements relating to asppollutant for new or modified sources until Septembe

 Section 103 specifies the duration of the provisions of Part 72 – Construction Permits.  Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The April 11, 2002 revisions to Section 103 include the renumbering of this section to Section 4 and formatti

section title and to references to other NMAC provisions. The formatting changes were a result of Part 72 beconsistent with other formatting updates found in the NMAC. 

 These revisions to Section 103 do not result in substantive changes to Part 72 as contained in the current New 

Table C.V: Revisions to Section 104 – Effective Date

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Subm

(Baseline Regulatory Language) (04/22/1998 State Revisions) (02/02/2001 State Revisions) 104. EFFECTIVE DATE: 11-30-95. 104. EFFECTIVE DATE: 11-30-95 except 

where a later date is cited at the end of a section or paragraph. 

[104.] 20.2.72.5 EFFECT

November 30, 1995 excep

cited at the end of a sectio
54 

 Section 104 specifies the effective date of the provisions 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 language that account for the possibility of diffe

for 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 renumbering of this section to Section 5 and formatti

section title and to dates contained in the section. The formatting changes were a result of Part 72 being refoconsistent with other formatting updates found in the NMAC. 

 These revisions to Section 104 do not result in substantive changes to Part 72 as contained in the current New 

Table C.VI: Revisions to Section 105 – Objective

Current SIP-approved Language April 11, 2002 SIP Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) 105. OBJECTIVE: The objective of this Part is to establish the requirements for obtaining a construction permit. 

[105.] 20.2.72.6 OBJECTIVE: The objective of this 

requirements for obtaining a construction permit. 

 Section 105 specifies the objective of the provisions of Part 72 – Construction Permits.  Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The April 11, 2002 revisions to Section 105 include the renumbering of this section to Section 6 and formatti

section title. The formatting changes were a result of Part 72 being reformatted to be consistent with other fo

found in the NMAC. 

 These revisions to Section 105 do not result in substantive changes to Part 72 as contained in the current New 

Table C.VII: Revisions to Section 106 – Amendment and Supersession of Prior Regulatio

Current SIP-approved Language April 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.] 20.2.72.8 AMENDMENT AND SUPERSESS

REGULATIONS: This Part amends and supersedes Regulation ("AQCR") 702, - Permits, filed May 29, 1("AQCR 702"). 

A. All references to AQCR 702 in any other rule shall be construed as a reference to this Part. B. The amendment and supersession of AQCR 702 shall not affect any 

No Change 
55 

Current SIP-approved Language April 11, 2002 SIP Submittal (Baseline Regulatory Language) (02/02/2001 State Revisions) administrative or judicial enforcement action pending on the effective date of such 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 provision

in Air Quality Control Regulation 702 – Permits. 

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The April 11, 2002 revisions to Section 106 include the renumbering of this section to Section 8 and formatti

section title. The formatting changes were a result of Part 72 being reformatted to be consistent with other fo

found in the NMAC. 

 These revisions to Section 106 do not result in substantive changes to Part 72 as contained in the current New 

Table C.VIII: Revisions to Section 107 – Definitions

Current SIP-approved Language April 11, 2002 Submittal April 11, 2002 Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) (02/18/2002 State Revisions) 107. DEFINITIONS: In addition to the terms defined in Part 2 - Definitions, as used in this Part: 

[107.] 20.2.72.7 DEFINITIONS: In addition to 

the terms defined in [Part 2 - Definitions,] 20.2.2 

NMAC (Definitions) as used in this Part: 

No Change 

A. "Air pollution control equipment" means any device, equipment, process or combination thereof the operation of which would limit, capture, reduce, confine, or otherwise control air contaminants or convert for the purposes of control any air contaminant to another form, another chemical or another physical state. 

No Change No Change 

B. "Ambient air" means the outdoor atmosphere, but does not include the area entirely within the boundaries of the industrial or manufacturing property within which the air contaminants are or may be emitted and public access is restricted within such boundaries. 

No Change No Change 

C. "Coal mining operation" means the business of developing, producing, preparing or loading bituminous coal, subbituminous coal, anthracite, or 

No Change No Change 
56 

Current SIP-approved Language April 11, 2002 Submittal April 11, 2002 Submittal (Baseline Regulatory Language) (02/02/2001 State Revisions) (02/18/2002 State Revisions) lignite, or of reclaiming the areas upon which such activities occur. This definition does not include coal preparation plants. D. "Coal preparation plant" means any facility which prepares coal by one or more of the following processes: breaking, crushing, screening, wet or dry cleaning, and thermal drying. 

No Change No Change 

E. "Commencement" means that an owner or operator has undertaken a continuous program of construction or modification. 

No Change No Change 

F. "Construction" means fabrication, erection, installation or relocation of a stationary source, including but not limited to temporary installations and portable stationary sources. 

No Change No Change 

G. "Emergency" means unforeseen circumstances resulting in an imminent and substantial endangerment to health, safety, or welfare which requires immediate action. 

No Change No Change 

H. "Federally enforceable" means all limitations and conditions which are enforceable by the administrator of the US EPA, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within any applicable State Implementation Plan, any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I including 40 CFR 51.165 and 40 CFR 51.166. 

No Change No Change 

I. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 

No Change No Change 

K. "Hazardous air pollutant" means an air contaminant which has been classified as a "hazardous air pollutant" by the administrator of 

No Change No Change 
57 

Current SIP-approved Language April 11, 2002 Submittal April 11, 2002 Submittal (Baseline Regulatory Language) (02/02/2001 State Revisions) (02/18/2002 State Revisions) the US EPA and is subject to a NESHAP. L. "Malfunction" means any sudden and unavoidable failure of air pollution control equipment, process equipment, or process to operate in an expected manner. Failures that are caused entirely or in part by poor maintenance, careless operation, or any other preventable equipment breakdown shall not be considered a malfunction. 

No Change No Change 

M. "Modification" means any physical change in, or change in the method of operation of, a stationary source which results in an increase in the potential emission rate of any regulated air contaminant emitted by the source or which results in the emission of any regulated air contaminant not previously emitted, but does not include:  1. a change in ownership of the source;  2. routine maintenance, repair or replacement;  3. installation of air pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or pursuant to the Federal Act; or  4. unless previously limited by enforceable permit conditions:  a. an increase in the production rate, if such increase does not exceed the operating design capacity of the source;  b. an increase in the hours of operation; or  c. use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable of accommodating such fuel or raw 

M. "Modification" means any physical change in, or change in the method of operation of, a stationary source which results in an increase in the potential emission rate of any regulated air contaminant emitted by the source or which results in the emission of any regulated air contaminant not previously emitted, but does not include:  [1.](1) a change in ownership of the source; 

 [2.](2) routine maintenance, repair or replacement;  [3.](3) installation of air pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or pursuant to the Federal Act; or  [4.](4) unless previously limited by enforceable permit conditions:  [a.](a) an increase in the production 

rate, if such increase does not exceed the operating design capacity of the source;  [b.](b) an increase in the hours of 

operation; or  [c.](c) use of an alternative fuel or raw 

material if, prior to January 6, 1975, the source was capable of accommodating such fuel or raw 

No Change 
58 

Current SIP-approved Language April 11, 2002 Submittal April 11, 2002 Submittal (Baseline Regulatory Language) (02/02/2001 State Revisions) (02/18/2002 State Revisions) material, or if use of an alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or any other lack of supply of natural gas. 

material, or if use of an alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or any other lack of supply 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 promulgated by the US EPA pursuant to Section l09 of the Federal Act. 

No Change No Change 

O. "National Emission Standards for Hazardous Air Pollutants" or "NESHAP" mean the regulatory requirements, guidelines and emission limitations promulgated by the US EPA pursuant to Section ll2 of the Federal Act. 

No Change No Change 

P. "New Source Performance Standard" or "NSPS" means the regulatory requirements, guidelines and emission limitations promulgated by the US EPA pursuant to Section 111 of the Federal Act. 

No Change No Change 

Q. "Nonattainment area" means for any air contaminant an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the administrator to be reliable) to exceed any national or New Mexico ambient air quality standard for such contaminant. Such term includes any areas identified under sub-paragraphs (A) through (C) of Section 107 (d)(1) of the Federal Act. 

Q. "Nonattainment area" means for any air contaminant an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the administrator to be reliable) to exceed any national or New Mexico ambient air quality standard for such contaminant. Such term includes any areas identified under [s]Sub-paragraphs (A) through 

(C) of Section 107 (d)(1) of the Federal Act. 

No Change 

R. "Operator" means the person or persons responsible for the overall operation of a facility. 

No Change No Change 

S. "Owner" means the person or persons who own a facility or part of a facility. 

No Change No Change 

T. "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico 

No Change No Change 
59 

Current SIP-approved Language April 11, 2002 Submittal April 11, 2002 Submittal (Baseline Regulatory Language) (02/02/2001 State Revisions) (02/18/2002 State Revisions) Administrative Code, unless otherwise noted; as adopted or amended by the Board. U. "Portable stationary source" means a source which can be relocated to another operating site with limited dismantling and reassembly, including for example but not limited to moveable sand and gravel processing operations and asphalt plants. 

No Change No Change 

V. "Potential emission rate" means the emission rate of a source at its maximum capacity in the absence of air pollution control equipment which is not vital to production of the normal product of the source or to its normal operation. The determination of maximum capacity includes any federally enforceable physical or operational limitation on the capacity of the source. 

No Change V. "Potential emission ra

rate of a source at its max

absence of air pollution cois not vital to production othe source or to its normal determination of maximum federally enforceable phylimitation on the capacity regulated air contaminant operational design, providoperational limitation on tto emit a regulated air conpollution control equipmehours of operation or on thmaterial combusted, storetreated as part of its physidesign only if the limitatiohave on emissions is enfodepartment pursuant to the or the federal Act.

W. "Regulated air contaminant" means, any air contaminant, the emission or ambient concentration of which is regulated pursuant to the New Mexico Air Quality Control Act or the Federal Act. 

No Change No Change 

X. "Shutdown" means the cessation of operation of any air pollution control equipment, process 

No Change No Change 
60 

Current SIP-approved Language April 11, 2002 Submittal April 11, 2002 Submittal (Baseline Regulatory Language) (02/02/2001 State Revisions) (02/18/2002 State Revisions) equipment or process for any purpose, except routine phasing out of batch process units. Y. "Standard Industrial Classification" or "SIC" means the code from the classification manual created by the Executive Office of the PresidentOffice of Management and Budget, which categorizes industrial, manufacturing and commercial facilities, as listed in the Standard Industrial Code Manual published by the U.S. Government Printing Office, Washington D.C. l972. 

No Change No Change 

Z. "Startup" means the setting into operation of any air pollution control equipment, process equipment or process for any purpose, except routine phasing in of batch process units. 

No Change No Change 

AA. "Stationary source" or "source" means any building, structure, equipment, facility, installation (including temporary installations), operation or portable stationary source which emits or may emit any air contaminant. Any research facility may group its sources for the purpose of this Part at the discretion of the Secretary. 

No Change No Change 

 Section 107 provides definitions of various terms used throughout the provisions of Part 72 – Construction P

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002. 

 The first set of revisions to Section 107 contained in the April 11, 2002 submittal include the renumbering of 

Section 7 and formatting changes to the section title, references to other NMAC provisions, and list numberin

changes were a result of Part 72 being reformatted to be consistent with other formatting updates found in the 

 The second set of revisions to Section 107 contained in the April 11, 2002 submittal revised the definition of 

rate.” The revisions result in a definition for this term that is more consistent with the definition of “potentia

40 CFR 51.166. The revised definition also more clearly identifies what types of physical and operational limwhat conditions, can be accounted for when determining the potential emission rate. 
61 

 These revisions to Section 107, as compared with the current New Mexico SIP, do not affect the ability of the

federal requirements for SIP-approved permitting plans. 

Table C. IX: Revisions to Section 108 – Documents

Current SIP-approved Language April 11, 2002 Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) 108. DOCUMENTS: Documents incorporated and cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, NM 87505. 

[108.] 20.2.72.9 DOCUMENTS: Documents incorp

Part may be viewed at the New Mexico Environment Bureau, Harold Runnels Building, 1190 St. Francis D 87505. 

 Section 108 specifies the locations of documents that are incorporated or cited in Part 72 – Construction Perm

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The April 11, 2002 revisions to Section 108 include the renumbering of this section to Section 9 and formatti

section title. The formatting changes were a result of Part 72 being reformatted to be consistent with other fo

found in the NMAC. 

 These revisions to Section 108 do not result in substantive changes to Part 72 as contained in the current New 

Table C.X: Revisions to Section 200 – Application for Construction, Modification, NSPS, and NESHA

Revisions

Current SIP-approved Language April 11, 2002 Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) 200. APPLICATION FOR CONSTRUCTION, MODIFICATION, NSPS, AND NESHAP - PERMITS AND REVISIONS: 

[200.] 20.2.72.200 APPLICATION FOR CONSTRU

MODIFICATION, NSPS, AND NESHAP - PERMIT

A. Permits must be obtained from the Department by:  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 any regulated air contaminant for which there is a National or New Mexico Ambient Air Quality Standard. If the specified threshold in this subsection is exceeded for any one regulated air contaminant, all regulated air contaminants with National or New Mexico Ambient Air Quality Standards emitted are subject to permit review. Within this subsection, the potential emission rate for nitrogen dioxide shall be based on total oxides of nitrogen;  2. Any person modifying a stationary source when all of the pollutant 

A. Permits must be obtained from the Department b [1.](1) Any person constructing a stationary s

potential emission rate greater than 10 pounds per hoany regulated air contaminant for which there is a NaAmbient Air Quality Standard. If the specified threshexceeded for any one regulated air contaminant, all rcontaminants with National or New Mexico Ambient emitted are subject to permit review. Within this subemission rate for nitrogen dioxide shall be based on t [2.](2) Any person modifying a stationary sou
62 

Current SIP-approved Language April 11, 2002 Submittal (Baseline Regulatory Language) (02/02/2001 State Revisions) emitting activities at the entire facility, either prior to or following the modification, emit a regulated air contaminant for which there is a National or New Mexico Ambient Air Quality 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. If the specified threshold in this subsection is exceeded for any one regulated air contaminant, all regulated air contaminants with National or New Mexico Ambient Air Quality Standards emitted by the modification are subject to permit review. Within this subsection, the potential emission rate for nitrogen dioxide shall be based on total oxides of nitrogen;  3. Any person constructing or modifying any source or installing any equipment which is subject to Part 77, New Source Performance Standards, Part 78, Emission Standards for Hazardous Air Pollutants, or any other New Mexico Air Quality Control Regulation which contains emission limitations for any regulated air contaminant;  4. For toxic air pollutants, See Subpart IV;  5. 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 prior to or following the modification has a potential emission rate for lead greater than 5 tons per year; or  6. Sources which are major sources of hazardous air pollutants by the 

definitions in Part 83, Construction or Modification of Major Sources of Hazardous Air Pollutants. 

pollutant emitting activities at the entire facility, eiththe modification, emit a regulated air contaminant foNational or New Mexico Ambient Air Quality Standemission rate greater than 10 pounds per hour or 25 tregulated air contaminant is emitted as a result of the specified threshold in this subsection is exceeded for contaminant, all regulated air contaminants with NatiAmbient Air Quality Standards emitted by the modifpermit review. Within this subsection, the potential edioxide shall be based on total oxides of nitrogen;  [3.](3) Any person constructing or modifying 

any equipment which is subject to [Part 77,] 20.2.77 

Performance Standards), [Part 78,] 20.2.78 NMAC (E

Hazardous Air Pollutants), or any other New Mexico 

Regulation which contains emission limitations for acontaminant;  [4.](4) For toxic air pollutants, [S]see [Subpar

- 20.2.72.499 NMAC; 

 [5.](5) Any person constructing a stationary so

potential emission rate for lead greater than 5 tons pestationary source which either prior to or following thpotential emission rate for lead greater than 5 tons pe [6.](6) Sources which are major sources of hazthe definitions in [Part 83,] 20.2.83 NMAC (Constru

Major Sources of Hazardous Air Pollutants). 

B. Fugitive dust emissions from a coal mining operation shall not be subject to the requirements of Section 200.A.1 of this Part. Note: New coal mining operations are required to have an approved air pollution control plan for fugitive dust emissions by the New Mexico Surface Coal Mining Commission. 

B. Fugitive dust emissions from a coal mining operato the requirements of [Section 200.A.1 of this Part] 

Subsection A of 20.2.72.200 NMAC. Note: New coa

required to have an approved air pollution control plaemissions by the New Mexico Surface Coal Mining C

C. Any source or modification meeting the applicability requirements of this Part, but which is a major stationary source or a major modification as defined in Part 74, shall in addition be subject to Part 74 - Prevention of Significant Deterioration. 

C. Any source or modification meeting the applicabPart, but which is a major stationary source or a majodefined in [Part 74] 20.2.74 NMAC, shall in addition 

20.2.74 NMAC (Prevention of Significant Deteriorat

D. Any source or modification meeting the applicability requirements of this D. Any source or modification meeting the applicab
63 

Current SIP-approved Language April 11, 2002 Submittal (Baseline Regulatory Language) (02/02/2001 State Revisions) Part but which is a major stationary source or a major modification as defined in Part 79, shall in addition be subject to Part 79 - Permits - Nonattainment Areas. 

Part but which is a major stationary source or a majoin [Part 79] 20.2.79 NMAC, shall in addition be subj

NMAC (Permits - Nonattainment Areas). 

E. For all sources subject to this Part, applications for permits shall be filed prior 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 Change 

F. Temporary installations and portable stationary sources are subject to this Part. 

No Change 

G. If a source consists of more than one unit, a separate permit may be required for each unit which is not substantially interrelated with another unit. A common connection leading to ductwork, pollution control equipment or a single stack shall not, by itself, constitute a substantial interrelationship. 

No Change 

H. Any source which previously did not require a permit because it was in existence before August 31, 1972 shall be subject to the requirements of this Part if operations cease for a period of five years or more and the source has a potential emission rate greater than 10 pounds per hour or 25 tons per year of any regulated air contaminant for which there is a National or New Mexico Ambient Air Quality Standard. 

No Change 

I. Any source meeting the applicability requirements of this Part, but which is a major source of hazardous air pollutants, shall in addition be subject to Part 83, Construction or Modification of Major Sources of Hazardous Air Pollutants. 

I. Any source meeting the applicability requirementis a major source of hazardous air pollutants, shall in [Part 83 -] 20.2.83 NMAC (Construction or Modifica

Hazardous Air Pollutants). 

 Section 200 specifies the applicability tests trigger application requirements for construction, modification, N

under Part 72 – Construction Permits. 

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The April 11, 2002 revisions to Section 200 include formatting changes to the section title, references to othe

and list numbering. The formatting changes were a result of Part 72 being reformatted to be consistent with oupdates found in the NMAC. 

 These revisions to Section 200 do not result in substantive changes to Part 72 as contained in the current New 
64 

Table C.XI: Revisions to Section 201 – New Source Review Coordination

Current SIP-approved Language April 11, 2002 Submittal April 11, 2002 Submittal

(Baseline Regulatory Language) (01/01/2000 State Revisions) (02/02/2001 State Revisions) 201. NEW SOURCE REVIEW COORDINATION: In cases where the new source review requirements of either Part 74, 79, 77, 78, or Part 83, Construction or Modifications of Major Sources of Hazardous Air Pollutants apply to a new stationary source or modification in addition to this Part, the following provisions apply:  A. Only one permit application shall be submitted;  B. The application shall be ruled complete when information required by all applicable regulations has been submitted;  C. Definitions and requirements of each applicable regulation are applied separately and do not supersede each other; and  D. After the requirements of all applicable regulations are met, only one permit shall be issued. 

201. NEW SOURCE REVIEW COORDINATION: In cases where the new source review requirements of either Part 74, 79, 77, 78, or Part 83 -Construction or Modifications of Major Sources of Hazardous Air Pollutantsapply to a new stationary source or modification in addition to this Part, the following provisions apply:  A. Only one permit application shall be submitted. The applicant shall submit a sufficient 

number of copies to meet the requirement of the applicable Part which requires the most copies; 

 B. The application shall be ruled administratively complete when information 

required by all applicable [regulations] Parts has 

been submitted;  C. Definitions and requirements of each applicable [regulation] Part are applied separately 

and do not supersede each other; and  D. After the requirements of all applicable [regulations] Parts are met, only one permit shall 

be issued.

[201.] 20.2.72.201 NEW 

COORDINATION: In csource review requiremen

77, 78, or Part 83 -] 20.2.7NMAC, 20.2.78 NMAC, 20.2.83 NMAC (Construc

Major Sources of Hazardo

to a new stationary source addition to this Part, the foapply:  A. Only one permisubmitted. The applicant number of copies to meet applicable Part which requ B. The application administratively complete required by all applicable submitted;  C. Definitions and applicable Part are applied supersede each other; and  D. After the requirParts are met, only one pe

 Section 201 describes the coordination of the new source review (NSR) requirements contained in Part 72 – C

with NSR requirements from other Parts, as necessary. 

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The first set of revisions to Section 201 contained in the April 11, 2002 submittal include addition of clarifyin

the number of permit applications required for submittal if an applicant is subject to NSR under multiple Partincludes the addition of other non-substantive clarifying language. 
65 

 The second set of revisions to Section 201 contained in the April 11, 2002 submittal include formatting chang

and references to other NMAC provisions. The formatting changes were a result of Part 72 being reformatte

other formatting updates found in the NMAC. 

 These revisions to Section 201 provide clarification regarding applicable NSR requirements along with forma

changes made to this section, as compared with the current New Mexico SIP, do not affect the ability of the p

federal requirements for SIP-approved permitting plans. 

Table C.XII: Revisions to Section 202 – Permit Revisions (Later Revised to Exemptions

Current SIP-approved Language May 29, 1998 SIP Submittal May 29, 1998 SIP Submittal April 11, 20

(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions) (02/02/2001 S202. PERMIT REVISION: 202. [PERMIT REVISION:] 

EXEMPTIONS: The following 

exemptions are made to the following requirements of Subpart II of this Part. The exemptions in this Section do not apply to emissions of toxic air pollutants listed under Section 502 of this Part, do not alter the calculation of the potential emissions of toxic air pollutants for applicability under Section 402 of this Part, and do not exempt the Department or the owner or operator of any source from any requirement under Sections 403, 404, or 405 of this Part.

No Change [202.] 20.2.7

The followinto the follow[Subpart II o

NMAC - 20

exemptions apply to emipollutants lis

of this Part] 

not alter the potential empollutants fo[Section 402 

NMAC, and Department of any sourcunder [Sectithis Part] 2020.2.72.404 NMAC. 

A. The owner or operator of any permitted source may apply to the Department for revisions to any term or condition of such permit, including but not limited to emission 

A. [The owner or operator of any 

permitted source may apply to the Department for revisions to any term or condition of such permit, including but not limited to emission 

A. The following sources and activities shall not be reported in the permit application. Emissions from such activities shall not be included in the calculation of facility-wide 

A. The follactivities shapermit applisuch activitiin the calcul
66 

Current SIP-approved Language May 29, 1998 SIP Submittal May 29, 1998 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions) (02/02/2001 Slimitation, control technology, operating conditions, and monitoring requirements. Applications shall be in writing, clearly identifying the terms and conditions which the owner or operator proposes to change, together with the specific changes requested, and the reasons therefor. Applications for revisions to increase any emission limitation contained in any permit shall be processed in accordance with the public notice, review, and hearing procedures set forth in Section 206 and 207 of this Part. 

limitation, control technology, 

operating conditions, and monitoring requirements. Applications shall be in writing, clearly identifying the terms and conditions which the owner or operator proposes to change, together with the specific changes requested, and the reasons therefor. Applications for revisions to increase any emission limitation contained in any permit shall be processed in accordance with the public notice, review, and hearing procedures set forth in Section 206 and 207 of this Part.] The following sources and activities shall not be reported in the permit application. Emissions from such activities shall not be included in the calculation of facility-wide potential emission rate under Sections 200.A.1 or 200.A.2. Such activities may be commenced or changed without a permit or permit revision under this Subpart:

 1. Activities which occur 

strictly from maintenance of grounds or buildings, including: lawn care, pest control, grinding, cutting, welding, painting, woodworking, sweeping, general repairs, janitorial activities, and building roofing operations;

 2. Activities for maintenance 

of equipment or pollution control equipment, either inside or outside of 

potential emission rate under Sections 200.A.1 or 200.A.2. Such activities may be commenced or changed without a permit or permit revision under this Subpart:  1. Activities which occur strictly from maintenance of grounds or buildings, including: lawn care, pest control, grinding, cutting, welding, painting, woodworking, sweeping, general repairs, janitorial activities, and building roofing operations;  2. Activities for maintenance of equipment or pollution control equipment, either inside or outside of a building, including cutting, welding, 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 each emissions are not subject to any requirements under this Chapter (Air Quality), NSPS or NESHAP;  4. Use of fire fighting equipment and fire fighting training;  5. Government military activities such as field exercises, explosions, weapons testing and demolition to the extent that such activities: 

potential em[Sections 20

Paragraphs 1 

20.2.72.200 

may be comwithout a peunder [this S

NMAC - 20

 [1.](1) 

strictly from or buildingspest control, welding, paisweeping, geactivities, anoperations;  [2.](2) 

maintenance pollution coninside or outincluding cugrinding, bu [3.](3) forklifts, couloaders, gradtrucks, and ffleet vehicle provided eacsubject to anthis Chapter NESHAP;  [4.](4) equipment a [5.](5) activities suc
67 

Current SIP-approved Language May 29, 1998 SIP Submittal May 29, 1998 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions) (02/02/2001 S

a building, including cutting, welding, 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 each emissions are not subject to any requirements under this Chapter (Air Quality), NSPS or NESHAP;

 4. Use of fire fighting 

equipment and fire fighting training;

 5. Government military 

activities 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 underground storage tank and waste disposal sites;

 8. Non-anthropogenic wind 

blown dust;

 9. Residential activities such 

as use of fireplaces, woodstoves, and barbecue cookers;

 10. Gases used to calibrate 

 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 underground storage tank and waste disposal sites;  8. Non-anthropogenic wind blown dust;  9. Residential activities such as use of fireplaces, woodstoves, and barbecue cookers;  10. Gases used to calibrate plant instrumentation, including continuous emission monitoring (CEM) systems;  11. Food service, such as cafeteria activities;  12. Automotive repair shop activities, except painting and use of solvents;  13. Use of portable aerospace ground equipment (such as power generators, compressors, heaters, air conditioners, lighting units) in direct support of aircraft operations and on or in the immediate vicinity of an airfield;  14. Activities which occur strictly for preventative maintenance of highway bridges, displays and water towers, including: grinding, 

explosions, wdemolition tactivities:  [a.]

visible emissaccessible ar [b.

NSPS or NE [6.](6) 

as photocopy [7.](7) characterizatstorage tank  [8.](8) wind blown  [9.](9) such as use owoodstoves,  [10.](1calibrate plaincluding comonitoring ( [11.](1cafeteria act [12.](1shop activitiuse of solven [13.](1aerospace grpower generheaters, air cunits) in direoperations aimmediate v [14.](1
68 

Current SIP-approved Language May 29, 1998 SIP Submittal May 29, 1998 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions) (02/02/2001 S

plant instrumentation, including continuous emission monitoring (CEM) systems;

 11. Food service, such as 

cafeteria activities;

 12. Automotive repair shop 

activities, except painting and use of solvents;

 13. Use of portable aerospace 

ground equipment (such as power generators, compressors, heaters, air conditioners, lighting units) in direct support of aircraft operations and on or in the immediate vicinity of an airfield;

 14. Activities which occur 

strictly for preventative maintenance of highway bridges, displays and water towers, including: grinding, cutting, welding, painting, and general repairs;

 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 air emissions or the emission points from any such source; or

 b. Increase the amount of 

air emissions or the ambient impacts of such emissions.

B. The presence of the following 

new or modified sources and 

cutting, welding, painting, and general repairs;  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 air emissions or the emission points from any such source; or  b. Increase the amount of air emissions or the ambient impacts of such emissions. B. The presence of the following new or modified sources and activities at the facility shall be reported as provided for in the permit application forms supplied by the Department. Emissions from such sources and activities shall not be included in the calculation of facilitywide potential emission rates under Sections 200.A.1 or 200.A.2 of this Part. Construction of such sources or commencement of such activities after issuance of the permit shall be subject to the administrative permit revision procedures in Section 219 of this Subpart:  1. Fuel burning equipment which is used solely for heating buildings for personal comfort or for producing hot water for personal use and which: 

occur strictly maintenance displays and grinding, cutand general  [15.](1

repositioning equipment, pconveyors wonly when suconfiguratio [a.]

relocate any or the emissisource; or  [b.

of air emissiimpacts of suB. The presnew or modiactivities at treported as papplication fDepartment. sources and included in twide potenti[Sections 20

Part] ParagraA of 20.2.72

Construction commencemafter issuancsubject to threvision proc
69 

Current SIP-approved Language May 29, 1998 SIP Submittal May 29, 1998 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions) (02/02/2001 S

activities at the facility shall be reported as provided for in the permit application forms supplied by the Department. Emissions from such sources and activities shall not be included in the calculation of facilitywide potential emission rates under Sections 200.A.1 or 200.A.2 of this Part. Construction of such sources or commencement of such activities after issuance of the permit shall be subject to the administrative permit revision procedures in Section 219 of this Subpart:

 1. Fuel burning equipment 

which is used solely for heating buildings for personal comfort or for producing hot water for personal use and which:

 a. Uses gaseous fuel and 

has a design rate of less than or equal to five (5) million BTU per hour; or

 b. Uses distillate oil (not 

including waste oil) and has a design rate of less than or equal to one (1) million BTU per hour;

 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 compound is stored and handled; and

 b. The owner or operator 

maintains sufficient record keeping 

 a. Uses gaseous fuel and has a design rate of less than or equal to five (5) million BTU per hour; or  b. Uses distillate oil (not including waste oil) and has a design rate of less than or equal to one (1) million BTU per hour;  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 compound is stored and handled; and  b. The owner or operator maintains sufficient record keeping to verify that the requirements of Section 202.B.2.a 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:  (1) The only source of air emissions at the site; or  (2) 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 emission points within the plant site, 

of this Subp

 [1.](1) 

which is usebuildings for producing hoand which:  [a.]

and has a deequal to five hour; or  [b.

(not includindesign rate oone (1) milli [2.](2) 

resulting froof any VOC  [a.]

vapor pressu(0.2) PSI at tthe compounand  [b.

operator maikeeping to vrequirementare met;  [3.](3) 

which are:  [a.]

during the uncommercial  [b.

500 hours pe [c.]
70 

Current SIP-approved Language May 29, 1998 SIP Submittal May 29, 1998 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions) (02/02/2001 S

to verify that the requirements of Section 202.B.2.a 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:

 (1) The only source of 

air emissions at the site; or

 (2) 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 emission 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;

 5. Any emissions unit, 

operation, or activity that 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 emission units, operations, and activities that perform identical or similar functions shall be combined in determining the 

but only when such change in physical configuration does not increase air emissions or the ambient impacts of such emissions;  5. Any emissions unit, operation, or activity that 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 emission units, operations, and activities that perform identical or similar functions shall be combined 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 VOCs 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 sufficient record keeping to verify that the requirements in 202.B.6.a and b above are met;  7. Particulate emissions resulting from abrasive blasting operations; if 

 

of air emissi 

by sufficient that the stanless than 500  [4.](4) 

or relocating or emission site, but only physical conincrease air eimpacts of su [5.](5) operation, or potential emthan one-halany pollutanNew Mexico Standard has (1/2) ton per Multiple emand activitieor similar fucombined in applicability  [6.](6) equipment, iroll coating, aerosol spray  [a.]

emission ratten (10) pou [b.

total VOC co
71 

Current SIP-approved Language May 29, 1998 SIP Submittal May 29, 1998 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions) (02/02/2001 S

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 VOCs 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 sufficient record keeping to verify that the requirements in 202.B.6.a and b above 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.

C. [RESERVED]

 a. Blasting operations are entirely enclosed in a building; and  b. No visible particulate emissions are released from the building. C. [[RESERVED]] For sources and 

units subject to 40 CFR Part 60 (NSPS), 40 CFR Part 61 (NESHAP) or other Parts of this Chapter (Air Quality), except 40 CFR Part 60 Subparts I (asphalt plants) and OOO (rock crushers), 40 CFR Part 61 Subpart C (Beryllium), and 40 CFR Part 61 Subpart D (Beryllium Rocket Motor Firing):

 1. Such sources and units shall 

be exempt from the applicability requirements in Section 200.A3 if such sources or units:

 a. Are included in a Notice 

of Intent fled under Part 73 - Notice of Intent and Emissions Inventory; or

 b. Have met the notification 

requirements to which they are subject under NSPS or NESHAP; and

 2. Applicability determinations 

under Sections 200.A 1 and 200.A2 of this Part shall take into account all federally enforceable emission limits established for such sources or units under NSPS, NESHAP and other Parts of this Chapter.

clean-up sol(2) tons per  [c.]

operator maikeeping to vrequirementabove are m [7.](7) 

resulting frooperations; i [a.]

are entirely eand  [b.

particulate efrom the buiC. For sour40 CFR Part 61 (NESHAChapter (Air CFR Part 60 plants) and OCFR Part 61 and 40 CFR (Beryllium R [1.](1) 

shall be exemapplicability 

200.A3] Parof 20.2.72.20

sources or un [a.]

Notice of Int

20.2.73 NM

Emissions In
72 

Current SIP-approved Language May 29, 1998 SIP Submittal May 29, 1998 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions) (02/02/2001 S

 [b.

notification they are subjNESHAP; a [2.](2) 

determinatio

200.A 1 and 

Paragraphs 1 

of 20.2.72.20

account all femission limsources or unNESHAP anChapter. 

 B. A portable source which has been issued a permit under this Part may relocate without undergoing a permit revision only if:  1. The source is installed in a manner conforming with the initial permit;  2. The source continues to meet all applicable emission limitations and permit conditions;  3. The owner or operator notifies the Department at least fifteen (15) days prior to beginning installation at the new location; and  4. The Department determines that no National or New Mexico Ambient Air Quality Standard will be exceeded at the new location. 

[B.]D. Portable Source Relocation. 

For a [A] portable source which has 

been issued a permit under this Part:

 1. Such source may relocate 

without undergoing a permit revision [only] if: 

 [1]a. The source is installed 

in a manner conforming with the initial permit;  [2]b. The source continues 

to meet all applicable emission limitations and permit conditions; and

 [3]c. The source meets the 

applicable requirements in Sections 202.D.2 and 202.D.3 below;

 2. For each portable 

compressor engine which has been issued a streamlined permit in accordance with Section 301.D.1 of this Part, the owner or operator shall 

No Change D. Portable 

a portable soissued a perm [1.](1) 

relocate withrevision if:  [a.]

installed in a with the initi [b.

continues to emission limconditions; a [c.]

the applicab[Sections 20

Paragraphs 2 

of 20.2.72.20

 [2.](3) 

compressor issued a stre
73 

Current SIP-approved Language May 29, 1998 SIP Submittal May 29, 1998 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/08/1998 State Revisions) (02/02/2001 S

complete the appropriate forms provided by the Department and maintain such records on file for at least two (2) years;

 3. For all other portable 

sources, including but not limited to rock crushers and asphalt plants:

 a. The owner or operator 

shall notify [notifies] the 

Department, on the form provided by 

the Department, at least fifteen (15) 

days prior to beginning installation at the new location; [and] 

 b. Operation at a new 

location of such source shall not commence until the Department has approved the relocation in writing;

 [4.] c. The Department shall 

not approve the relocation if it would result in exceedances of any [determines that no] National or New Mexico Ambient Air Quality Standard [will be exceeded] at the 

new location; and

 d. The Department shall 

approve, deny, or approve with conditions, the relocation request within fifteen (15) days of receipt of the notice form.

accordance w

this Part] PaD of 20.2.72

or operator sappropriate fDepartment records on fiyears;  [3.](3) 

sources, inclrock crusher [a.]

operator shaon the form Department, prior to beginew location [b.

location of scommence uapproved the  [c.]

shall not appwould result National or NAir Quality location; and  [d.

shall approvconditions, twithin fifteethe notice fo
74 

 Section 202 currently describes the permit revision requirements and the revision process. However, revision

are currently under review update the contents of Section 202. The revised section includes a list of permit eapplicable to Part 72. The provisions related to Permit Revisions were moved to a new section, Section 219, 

revisions 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 to Section 202 contained in the May 19, 1998 submittal includes the updating of the 

section to contain exemptions from the permitting requirements contained in Part 72. The added exemptions two lists found in Paragraphs A and B. 

 Paragraph A is a list of emission sources that are exempt from permitting and do not need to be re

applications. In addition, the owner or operator is not required to obtain a permit or permit revisioconstructing, modifying, or operating these sources. New Mexico provided information as part of documentation to justify their decision to include the specific emission sources as exemptions und

this section. Our review of 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 

requirements contained in Part 72. These emission sources, both new and modified, do not have tfacility-wide potential to emit rates but must be reported in an applicant’s permit application. If aadds or modifies one of the listed sources, the facility must request an Administrative permit revispermit revisions, including the Administrative revisions, do not exist in the current SIP-approved However, the tiered permit revisions were added as part of the proposed revisions to Part 72 and a

detail later in this document. New Mexico provided information as part of the supporting documedecision to include the specific emission sources as exemptions under Paragraph B of this section

supporting documentation along with our review of the exemptions list in Paragraph A is included this TSD. 

The first set of revisions made to Section 202 in May 1998, also includes revisions to the provisions related tpermitted portable sources. These revisions included the addition of clarifying language regarding the requirmust meet to relocate a permitted portable source without obtaining a permit revision. These revisions also arecordkeeping and notification requirements for portable source relocations. 

 The second set of revisions to Section 202 contained in the May 19, 1998 submittal includes the addition of a 

Paragraph C. This new paragraph specifies the conditions under which a source that is subject to NSPS and Nwould not be required to obtain a construction permit solely because of the applicability of NSPS or NESHA
75 

These sources would be required to obtain a permit if it was determined they were subject to permitting as a rapplicability determinations contained in Section 202 of Part 72, but not only on the basis of the applicability requirements. New Mexico has excluded some subparts of NSPS and NESHAP subparts from this permittin

Subparts I and OOO and NESHAP Subparts C and D). This exemption is for Part 72 permitting requirementwould still be required to meet all other applicable state and federal requirements, including the NSPS and/or requirements. 

 The April 11, 2002 revisions to Section 202 include formatting changes to the section title, references to othe

and list numbering. The formatting changes were a result of Part 72 being reformatted to be consistent with oupdates found in the NMAC. 

 These revisions to Section 202 do substantively change the New Mexico construction permitting provisions, 

the addition of permit exemptions under Part 72. Based on our review as discussed above and in Section III.E 

revisions, as compared with the current New Mexico SIP, do not affect the ability of the provisions to meet fe

for SIP-approved permitting plans. 

Table C.XIII: Revisions to Section 203 – Contents of Applications

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Submittal April 11, 20

(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 S203. CONTENTS OF APPLICATIONS: 

No Change No Change [203. ] 20.2.

APPLICATI

A. The requirements of this Section may be modified by the Department, as appropriate, for emergency permits processed under Section 215.  Any person seeking a permit under Section 200.A of this Part shall do so by filing a written application with the Department. The applicant shall submit at least five (5) copies of the permit application. All applications shall, as required by the Department:  1. Be made on forms furnished by the Department;  2. State the applicant's name and address, together with the names 

No Change A. Any person seeking a permit 

under Section 200.A of this Part shall do so by filing a written application with the Department. The applicant shall submit the number of copies of the permit application specified in the applicable application form. The 

[requirements] items of this Section, 

if requested on the applicable application form, are required before the Department may deem an application administratively complete. The items may be 

modified by the Department, as appropriate, for emergency permits 

A. Any perunder [Secti

Subsection A 

shall do so bapplication wThe applicannumber of capplication sapplicable apitems of this the applicabrequired befdeem an appcomplete. Tmodified by 
76 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 Sand addresses of all owners or operators of the source, and the applicant's state of incorporation or principal registration to do business;  3. State the date of the application;  4. Provide all information, including all calculations and computations, to describe the specific chemical and physical nature and to estimate the maximum quantities of any regulated air contaminants the source will emit after construction, modification or installation is completed, through routine operations, and all information, including all calculations and computations reasonably necessary to estimate maximum potential emissions during malfunction, startup, shutdown. With respect to atoxic air pollutant as defined by Section 401.H this requirement only applies when the toxic air pollutant is emitted in such a manner that a permit is required under the provisions of Subpart IV;  5. Demonstrate through submission of US EPA approved modeling or analysis, including all pertinent calculations and computations, that emissions from routine operations will not violate any NSPS, NESHAP, regulation adopted by the board under the Air 

processed under Section 215 of this 

Part. [Any person seeking a permit under Section 200.A of this Part shall do so by filing a written application with the Department. The applicant shall submit at least five (5) copies of the permit application.] All 

applications shall, as required by the Department:  1. Be [made] filled out on the

[forms] form(s) furnished by the 

Department;  2. State the applicant's name and address, together with the names and addresses of all owners or operators of the source, and the applicant's state of incorporation or principal registration to do business;  [3. State the date of the 

application;] 

 [4]3. Provide all information, 

including all calculations and computations, to describe the specific chemical and physical nature and to estimate the maximum quantities of any regulated air contaminants the source will emit through routine 

operations after construction, 

modification or installation is completed[, through routine 

operations, and all information, including all calculations and computations reasonably necessary to] and estimate maximum potential 

emissions during malfunction, 

appropriate, processed un

Part] 20.2.72

applications Department:  [1.](1) 

form(s) furn [2.](2) name and adnames and aoperators of applicant's sprincipal reg [3.](3) information, calculations describe the physical natumaximum quair contaminthrough routconstructioninstallation imaximum pomalfunction With respecas defined by 

Subsection H 

this requiremthe toxic air such a mannrequired und[Subpart IV] 

20.2.72.499 

 [4.](4) 
77 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 SQuality Control Act, any New Mexico or National Ambient Air Quality Standard, or prevention of significant deterioration increment;  6. Provide a preliminary operational plan defining the measures to be taken to mitigate source emissions during malfunction, startup or shutdown;  7. Be accompanied by:  a. A map, such as the 7.5 minute Topographic Quadrangle map published by the United States Geological Survey or the most detailed map available showing the exact location of the proposed construction, modification or installation of the source;  b. A process flow sheet, including a material balance, of all components of the facility which would be involved in routine operations and emissions;  c. A full description, including all calculations and the basis for all control efficiencies presented, of the equipment to be used for air pollution control, including a process flow sheet, or, if the Department so requires layout and assembly drawings;  d. A description of the equipment or methods proposed by the applicant to be used for emission measurement; and 

startup, shutdown. With respect to a toxic air pollutant as defined by Section 401.H this requirement only applies when the toxic air pollutant is emitted in such a manner that a permit is required under the provisions of Subpart IV;  [5]4. Contain a regulatory 

compliance discussion demonstrating compliance with each applicable air quality regulation, ambient air quality standard, prevention of significant deterioration increment, and provisions of Subpart IV of this Part. This discussion must include an analysis, which may require use of US EPA-approved air dispersion model(s), to (1) demonstrate [through submission of US EPA approved modeling or analysis, including all pertinent calculations and computations,] that emissions from 

routine operations will not violate any [NSPS, NESHAP, regulation 

adopted by the board under the Air Quality Control Act, any] New 

Mexico or National Ambient Air Quality Standard[,] or prevention of 

significant deterioration increment, 

and (2) if required by Subpart IV of this Part, estimate ambient concentrations of toxic air pollutants;

 [6]5. Provide a preliminary 

operational plan defining the measures to be taken to mitigate 

compliance compliance quality regulquality standsignificant dand provisio

Part] 20.2.72

20.2.72.499 

must include require use odispersion mdemonstrate routine operany New MeAmbient Air prevention odeterioration required by 

20.2.72.400 

NMAC, esticoncentratio [5.](5) 

operational pmeasures to source emissstartup or sh [6.](6) map, at least minute Topopublished by Geological Sexact locatiocoordinates constructioninstallation o
78 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 S 8. State the maximum and standard operating schedules of the source after completion of construction, modification or installation or after permit revision in terms of which and how many hours per day, days per week, days per month and days per year;  9. Contain such other relevant information as the Department may reasonably require; and  10. Be signed under oath or affirmation by the operator, the owner or an authorized representative, certifying, to the best of his or her knowledge the truth of, all information in the application and addenda, if any. 

source emissions during malfunction, startup or shutdown;  [7]6. [Be accompanied by: 

 a.] include a topographical

map, [such] at least as detailed as the 

7.5 minute Topographic Quadrangle map published by the United States Geological Survey [or the most 

detailed map available], showing the 

exact location and geographical 

coordinates of the proposed 

construction, modification or installation of the source;  [b]7. Include a process flow 

sheet, including a material balance, and a site diagram of all components 

and locations of emissions to the 

atmosphere of the facility which 

would be involved in routine operations and emissions;  [c]8. Include a full 

description, including all calculations of controlled and uncontrolled 

emissions and the basis for all control 

efficiencies presented, of the equipment to be used for air pollution control, including a process flow sheet, or, if the Department so requires layout and assembly drawings;  [d]9. Include a description of 

the equipment or methods proposed by the applicant to be used for emission measurement; [and] 

 [8]10. State the maximum 

 [7.](7) 

sheet, includand a site diaand locationatmosphere would be invoperations a [8.](8) description, of controlled emissions anefficiencies equipment to control, inclusheet, or, if trequires layodrawings;  [9.](9) the equipmeby the applicemission me [10.](1and standard the source afconstructioninstallation oterms of whiper day, daymonth and d [11.](1specifically the Departmrequire;  [12.](1signed under 
79 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 S

and standard operating schedules of the source after completion of construction, modification or installation or after permit revision in terms of which and how many hours per day, days per week, days per month and days per year;  [9]11. Contain such other 

specifically relevant information as 

the Department may reasonably require; [and] 

 [10]12. Be notarized and

signed under oath or affirmation by the operator, the owner or an authorized representative, certifying, to the best of his or her knowledge,

the truth of all information in the application and addenda, if any[.];

 13. Contain payment of any 

fees which are specified in Part 75 –

Construction Permit Fees as payable 

at the time the application is submitted; and

 14. Contain documentary proof 

of applicant’s public notice, if applicable, as specified in Section 203.B of this Part.

the operatorauthorized reto the best othe truth of aapplication a [13.](1

any fees whi

75 –] 20.2.7

Permit Fees) 

the applicati [14.](1

proof of appapplicable, a

203.B of thi20.2.72.203 

B. In addition to requirements in Section 203.A, each application filed with the Department for a permit shall include documentary proof that the applicant has provided notice of the filing of the application to the public and other affected individuals and entities. The notice shall be: 

B. In addition to requirements in Section 203.A, each application filed with the Department for a permit or 

technical or significant permit revision shall include documentary 

proof that the applicant has provided notice of the filing of the application to the public and other affected 

B. The applicant’s public notice for 

technical permit revisions shall be specified in Section 219.B.6 of this Part.[In addition to requirements in Section 203.A, each application filed with the Department for a permit or technical or significant permit revision shall include documentary 

B. The apptechnical perspecified in Part] Paragra20.2.72.219 

public notice significant p [1.](1) 
80 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 S 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 located 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 proposed to be located if the facility is or will be in a county or municipality other than those specified in subparagraph a of this subsection; and  2. Provided by certified mail to all municipalities and counties in which the facility is or will be located and to all municipalities and counties within a ten (10) mile radius of the property on which the facility is proposed to be constructed or operated;  3. Published once in a newspaper of general circulation in each county in which the property on which the facility is proposed to be constructed or operated is located.  This notice shall appear in either the classified or legal advertisements 

individuals and entities. The notice shall 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 located 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 subparagraph 203.B.1.a of this subsection; 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;  3. Published once in a newspaper of general circulation in each county in which the property on which the facility is proposed to be constructed or operated is located. 

proof that the applicant has provided 

notice of the filing of the application to the public and other affected individuals and entities.] The 

applicant’s public notice for a permit 

or significant permit revision shall 

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 located 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 subparagraph 203.B.1.a of this subsection; 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; 

mail, to the oshown in the schedule, of  [a.]

(100) feet of the facility ibe located if proposed to or Class H cwith a populthousand fivpersons; or  [b.

(1/2) mile of the facility ito be located be in a counthan those sp

203.B.1.a of 

paragraph (aSubsection B 

and  [2.](2) 

mail to all mcounties in wwill be locatmunicipalitiecounties witof the properis proposed toperated;  [3.](3) newspaper oeach county which the fa
81 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 Ssection of the newspaper and at one other place in the newspaper calculated to give the general public the most effective notice and, when appropriate, shall be printed in both English and Spanish;  4. Posted in at least four (4) publicly accessible and conspicuous places, including the proposed or existing facility entrance on the property on which the facility is, or is proposed to be located; and  5. Provided in a public service announcement to at least one radio or television station which serves the municipality or county in which the source is or is proposed to be located. 

 This notice shall appear in either the classified or legal advertisements section of the newspaper and at one other place in the newspaper calculated to give the general public the most effective notice and, when appropriate, shall be printed in both English and Spanish;  4. Posted, in at least four (4) 

publicly accessible and conspicuous places, including;

 a. The proposed or existing 

facility entrance on the property on which the facility is, or is proposed to be located, until the permit or 

significant permit revision is issued or denied; and 

 b. Three (3) locations 

commonly frequented by the general public, such as a nearby post office, public library, or city hall; and

 5. [Provided in] Submitted as

a public service announcement to at least one radio or television station which serves the municipality or county in which the source is or is proposed to be located. 

 3. Published once in a newspaper of general circulation in each county in which the property on which the facility is proposed to be constructed or operated is located.  This notice shall appear in either the classified or legal advertisements section of the newspaper and at one other place in the newspaper calculated to give the general public the most effective notice and, when appropriate, shall be printed in both English and Spanish;  4. Posted, in at least four (4) publicly accessible and conspicuous places, including;  a. The proposed or existing facility entrance on the property on which the facility is, or is proposed to be located, until the permit or significant permit revision is issued or denied; and  b. Three (3) locations commonly frequented by the general public, such as a nearby post office, public library or city hall; and  5. Submitted as a public service announcement to at least one radio or television station which serves the municipality or county in which the source is or is proposed to be located. 

constructed  This notice classified or section of thother place icalculated to the most effeappropriate, English and  [4.](4) 

(4) publicly conspicuous  [a.]

existing faciproperty on proposed to permit or sigis issued or d [b.

commonly fpublic, such public librar [5.](5) 

service annoradio or televserves the mwhich the sobe located. 

C. The notice specified in Section 203.B shall contain the following:  1. The applicant's name and 

C. The notice specified in Section 203.B.1 through 4 shall contain the 

following: 

No Change C. The noti

203.B.1 throthrough 4 of 
82 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 Saddress, together with the names and addresses of all owners or operators of the facility or proposed facility;  2. The date of application submittal;  3. The exact location of facility or proposed facility;  4. A description of the process 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. 

 1. The applicant's name and address, together 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[The date of application submittal]; 

 3. The exact location of facility 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. 

20.2.72.203 

following:  [1.](1) 

and address, and addresseoperators of facility;  [2.](2) date that the be submitted  [3.](3) facility or pr [4.](4) process or chis sought, inthe maximum regulated air will emit aftis complete  [5.](5) standard opefacility after construction  [6.](6) the Departmand inquiries 

NOT IN SIP D. The public service announcement 

request specified in Section 203.B.5 shall contain the following information about the facility or proposed facility:

 1. The name, location, and 

type of business;

 2. The name of the principal 

owner or operator;

No Change D. The publ

request spec

Paragraph 5 

20.2.72.203 

following infacility or pr [1.](1) 

type of busin [2.](2) 
83 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 S

 3. The type of process or change for which a permit is sought;

 4. Locations where the notices 

required under Section 203.B.4 have been posted; and

 5. The address or telephone 

number at which comments and inquires may be directed to the Department.

principal ow [3.](3) 

change for w [4.](4) notices requ

203.B.4] ParB of 20.2.72

posted; and  [5.](5) 

telephone nucomments andirected to th

NOT IN SIP NOT IN SIP E. Changing, Supplementing or 

Correcting Applications

 1. Prior to a final decision on 

an application, the applicant shall have a duty to promptly supplement and correct information submitted in the application. The duty to supplement shall include relevant information thereafter acquired or otherwise determined to be relevant.

 2. If, while processing an 

application, regardless of whether it has been determined to be administratively complete, the Department determines that additional information is necessary to evaluate or take final action on that application, it may request such information. The request shall be in writing, identify the additional information requested and the need for the additional information, and set a reasonable deadline for a 

E. ChangingCorrecting A [1.](1) 

on an applichave a duty and correct ithe applicatisupplement information otherwise de [2.](2) application, has been detadministrativDepartment additional inevaluate or tapplication, information. writing, ideninformation for the additset a reasona
84 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 S

response. The applicant shall submit the requested information in writing on or before the deadline set by the Department.

response. Tthe requested on or before Department. 

 Section 203 specifies the required contents for permit applications submitted under Part 72 – Construction Pe 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 revisi

adopted into Section 219 of the revised state regulations. The specific updates to the Permit Revisions provis

later in this document. The May 29, 1998 revisions also include the addition of new requirements related to p

permits and permit revisions and add clarifying language that specifies what information should be included required public service announcement. 

 The first set of revisions to Section 203 contained in the April 11, 2002 submittal include the addition of clari

restructuring of sentences within Paragraph A, which lists the required permit application elements. These re

in substantive changes to the provisions contained in this paragraph. Revisions to Paragraph A of Section 20

incorporation of new provisions that require that the permit application be notarized and include the applicab

proof of the applicant’s public notice. The first set of revisions contained in the April 11, 2002 submittal also 

The pre-revisions regulations have the same public notice requirements for both Technical and Significant perevisions to Paragraph B result in the existing public notice requirements applying to only Significant permit notice requirements for Technical permit revisions being addressed via revisions to Section 219. A summary relating to Section 219 will be addressed later in this document. New Mexico has proposed different public nfor the different levels of permit revisions based on these tiers having varying degrees of permit revisions. Oreview of New Mexico’s proposed tiered permit revision approach, along with the revisions to public notice rfrom the tiered revision approach, is found in Section III.E of this TSD. Finally, the first set of revisions con2002 submittal includes the addition of a new paragraph under Section 203, Paragraph E. This new paragraprequirement for applicants to update, supplement, or correct information in the permit application, as necessa

permitting process. This requirement helps to ensure that each issued permit is based on the most accurate fa
85 

 The second set of revisions to Section 203 contained in the April 11, 2002 submittal include formatting chang

references to other NMAC provisions, and list numbering. The formatting changes were a result of Part 72 b

be consistent with other formatting updates found in the NMAC. 

 These revisions to Section 203 include updates to be consistent with updates made in other sections of Part 7

parts related to the tiered permit revisions and public notice requirements. As previously stated, our review o

a comparison with the current SIP-approved Part 72 provisions is contained in Section III.E of this TSD. The revisions to Section 203 provide clarification regarding the existing permit application content requirements, additional information to be included in the applicant and to be updated by the applicant, as necessary. Based 

discussed above and in Section III.E of this TSD, these revisions, as compared with the current New Mexico 

ability of the provisions to meet federal requirements for SIP-approved permitting plans. 

Table C.XIV: Revisions to Section 204 – Confidential Information Protection

Current SIP-approved Language April 11, 2002 SIP Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) 204. CONFIDENTIAL INFORMATION PROTECTION: All confidentiality claims made regarding material submitted to the Department under this Part shall be reviewed under the provisions of Part 1 - General Provisions. 

[204.] 20.2.72.204 CONFIDENTIAL INFORMATI

 All confidentiality claims made regarding material sDepartment under this Part shall be reviewed under t

] 20.2.1 NMAC (General Provisions). 

 Section 204 specifies the provisions governing the review of confidentiality claims regarding material submit

Part 72 – Construction Permits. 

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The April 11, 2002 revisions to Section 204 include formatting changes to the section title and to references t

provisions. The formatting changes were a result of Part 72 being reformatted to be consistent with other forfound in the NMAC. 

 These revisions to Section 204 do not result in substantive changes to Part 72 as contained in the current New 

Table C.XV: Revisions to Section 205 – Construction, Modification and Permit Revision in Berna

Current SIP-approved Language April 11, 2002 SIP Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) 205. CONSTRUCTION, MODIFICATION AND PERMIT REVISION IN BERNALILLO COUNTY: For the construction or modifications of sources 

[205.] 20.2.72.205 CONSTRUCTION, MODIFICA

REVISION IN BERNALILLO COUNTY: For the 
86 

Current SIP-approved Language April 11, 2002 SIP Submittal (Baseline Regulatory Language) (02/02/2001 State Revisions) within Bernalillo County, the applicant shall make such applications to the air quality control staff of the joint Albuquerque-Bernalillo County Air Quality Control Board, unless that board loses, rejects or fails to exercise authority for the administration and enforcement of the Air Quality Control Act, at which time this Part shall apply in full in Bernalillo County. 

modifications of sources within Bernalillo County, thsuch applications to the air quality control staff of the Bernalillo County Air Quality Control Board, unless or fails to exercise authority for the administration anQuality Control Act, at which time this Part shall apCounty. 

 Section 205 addresses where applicants should submit permit applications for construction and modification 

Bernalillo County. 

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The April 11, 2002 revisions to Section 205 include formatting changes to the section title. The formatting c

of Part 72 being reformatted to be consistent with other formatting updates found in the NMAC. 

 These revisions to Section 205 do not result in substantive changes to Part 72 as contained in the current New 

Table C.XVI: Revisions to Section 206 – Public Notice and Participation

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Subm

(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/02/2001 State Revisions) 206. PUBLIC NOTICE AND PARTICIPATION: No Change [206.] 20.2.72.206 PUBL

PARTICIPATION: 

A. The Department shall:  1. Make available for public inspection a list of all pending applications for permits or permit revisions;  2. Make available for public inspection the permit application and the Department's preliminary determination. This material shall be available both at the Department's central office and the responsible district or field office nearest to the proposed source. Copies of any permit application, except those portions of which may be determined as confidential in accordance with Part 1 - General Provisions, will be supplied upon written request and payment of reasonable costs; 

A. The Department shall:  1. Make available for public inspection a list of all pending applications for permits or permit revisions;  2. Make available for public inspection the permit application and the Department's preliminary determination. This material shall be available both at the Department's central office 

and the [responsible] district or field office nearest 

to the proposed source. Copies of any permit application, except those portions of which may be determined as confidential in accordance with Part 1 - General Provisions, will be supplied upon written request and payment of reasonable costs; 

A. The Department shall [1.](1) Make availa

a list of all pending applicpermit revisions;  [2.](2) Make availathe permit application and preliminary determinationavailable both at the Depaand the district or field offproposed source. Copies application, except those pdetermined as confidentia[Part 1 -] 20.2.1 NMAC (G

be supplied upon written r
87 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Subm(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/02/2001 State Revisions)  3. Subsequent to the availability for public review of the permit application and preliminary determination, publish a public notice in a newspaper of general circulation in the area closest to the location of the source. The notice shall include: the applicant's name and address, the location and brief description of the source, a summary of estimated emissions and ambient impact, and the Department's preliminary intent to grant or deny the permit. The notice shall identify the location of the permit application and preliminary determination for public review and describe the manner in which comments or evidence may be submitted to the Department;  4. Allow all interested persons forty-five days from the date the public notice is published to submit written comments or evidence on the preliminary determination and application and to request a public hearing;  5. Mail written notice of the action taken on a permit application to those persons who submitted written comments or evidence on the application;  6. Mail a copy of the public notice at the same time it is sent for publication to the appropriate agency in the following locations if the source will locate within fifty kilometers of the boundary of other states, Bernalillo County, or a Class I area. A copy of all public notices shall be sent to US EPA Region VI. 

 3. Subsequent to the availability for public review of the permit application and preliminary determination, publish a public notice in a newspaper of general circulation in the area closest to the location of the source. The notice shall include: the applicant's name and address, the location and brief description of the source, a summary of estimated emissions and ambient impact, and the Department's preliminary intent to grant or deny the permit. The notice shall identify the location of the permit application and preliminary determination for public review and describe the manner in which comments or evidence may be submitted to the Department;  4. Allow all interested persons forty-five (45) days from the date the public notice is 

published to submit written comments or evidence on the preliminary determination and application and to request a public hearing;  5. Mail written notice of the action taken on a permit application to those persons who submitted written comments or evidence on the application;  6. Mail a copy of the public notice at the same time it is sent for publication to the appropriate agency in the following locations if the source will locate within fifty kilometers of the boundary of other states, Bernalillo County, or a Class I area. A copy of all public notices shall be sent to US EPA Region VI. 

reasonable costs;  [3.](3) Subsequent 

public review of the permpreliminary] an affirmativcompleteness determinatio

notice in a newspaper of garea closest to the location notice shall include: the apaddress, the location and bsource, a summary of estiambient impact, and the Dintent to [grant or deny] is

construction or modificatiapplication will comply wrequirements, including am

notice shall identify the loapplication and [prelimina

Department’s Analysis (w

review and describe the mcomments or evidence maDepartment, including tha

the Department in writing permit application in ordeto review and comment on Subsection B of 20.2.72.2notice shall clearly state thnot express such interest iof the initial 30 day commreceive notification of the analysis and thus forewarn to express interest in writireview and comment on th

 (4) Provide the not

Subsection A of 20.2.72.2mail, which may include e
88 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Subm(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/02/2001 State Revisions) 

individuals and organizatimaintained by the Departmindicated in writing a desiall applications under this 

 [4.](5) Allow all in

five (45)] thirty (30) days 

notice is published to [sub

evidence on the preliminaapplication and to request 

express an interest in writ

application; 

 [5.](6) Mail writte

taken on a permit applicat[submitted written comme

expresses an interest in wr

 [6.](7) Mail a copy 

the same time it is sent for appropriate agency in the source will locate within fboundary of other states, BClass I area. [A copy] Co

shall be sent to US EPA R

US EPA. 

B. In the event that any p

interest in writing in the pDepartment shall also:

 (1) Notify each pers

interest in writing in the pdate and the location that Analysis was or will be av

 (2) Not issue the pe

(30) days after the Departavailable for review. Durperiod, any person may sucomments or request a pu
89 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Subm(Baseline Regulatory Language) (01/07/1998 State Revisions) (02/02/2001 State Revisions) B. The Department shall hold a public hearing if the Secretary determines that there is a significant public interest. Public hearings shall be held in the geographic area likely to be impacted by the source. The time, date, and place of the hearing shall be determined by the Department. The Department shall give notice of the hearing to the applicant and the public. The Secretary may appoint a hearing officer. A transcript of the hearing shall be made at the request of either the Department or the applicant and at the expense of the person requesting the transcript. At the hearing, all interested persons shall be given a reasonable chance to submit data, views or arguments orally or in writing and to examine witnesses testifying at the hearing. 

No Change [B]C. The Department sh

if the Secretary determinesignificant public interest. held in the geographic areby the source. The time, dhearing shall be determine The Department shall givthe applicant and the publappoint a hearing officer. hearing shall be made at thDepartment or the applicathe person requesting the hearing, all interested persreasonable chance to submarguments orally or in wriwitnesses testifying at the 

 Section 206 specifies the public notice and participation requirements to be met by NMED under Part 72 – C 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 a descriptive term in one of the provisions 

section that New Mexico determined to be unnecessary and because of some confusion regarding the meanin

the context of the public notice provisions. 

 The April 11, 2002 revisions to Section 206 include formatting changes to the section title, to references to ot

provisions, and to list numbering. The formatting changes were a result of Part 72 being reformatted to be coformatting updates found in the NMAC. The April 11, 2002 revisions also revise the public notice procedureby NMED. Most notably the public notice procedures are revised to a two-step process, whereas the existing procedure was a one-step public process, with a 45-day public comment period. During the first step, NMED of the permit application and their preliminary determination, after which the public has 30 days to express wpermit application. If the public expresses interest during the first 30-day comment period, NMED is requireanalysis available for public review and comment and notify interested parties of the location of the Departm

second 30-day comment period is also triggered by the second step during which the public can submit command/or request a public hearing.. If NMED does not receive any written expressions of interest as part of the 
90 

period, the Department will take action on the permit without triggering a second 30-day comment period. Amentioned, the current SIP-approved public notice provisions provide 45-day public notices. While the propperiod is of reduced length, the 30-day public notice meets the length requirements contained in 40 CFR 51.1Mexico presented information in the supporting documentation included in the April 11, 2002 SIP submittal majority of comments received on construction permit decisions are submitted within the first 15 days of the 

A more detailed discussion of our review of the revised public notice requirements applicable to both NMED applicant 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 

discussed above and in Section III.E of this TSD, these revisions, as compared with the current New Mexico 

ability of the provisions to meet federal requirements for SIP-approved permitting plans. 

Table C.XVII: Revisions to Section 207 – Permit Decisions and Appeals

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Submittal April 11, 20

(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 S207. PERMIT DECISIONS AND APPEALS: 

No Change No Change [207.] 20.2.7

DECISIONS 

A. The Department shall within thirty (30) days after its receipt of an application for a permit or permit revision review such application for completeness. If the application is judged complete, a certified letter to that effect shall be sent to the applicant. If the application is judged incomplete a certified letter shall be sent to the applicant stating what additional information or points of clarification are necessary to judge the application complete. If the application is judged complete but no permit is required, a certified letter shall be sent to the applicant informing the applicant of the determination. 

A. The Department shall, within 

thirty (30) days after its receipt of an application for a permit or significant

permit revision, review such 

application for completeness. If the application is judged complete, a [certified] letter to that effect shall be 

sent by certified mail to the 

applicant. If the application is judged incomplete a [certified] letter 

shall be sent by certified mail to the 

applicant stating what additional information or points of clarification are necessary to judge the application complete. If the application is judged complete but no permit is required, a [certified] letter shall be 

sent by certified mail to the applicant 

informing the applicant of the 

A. The Department shall within thirty (30) days after its receipt of an application for a permit or significant permit revision, review such application and determine whether it 

is administratively complete. [for completeness] If the application is 

[judged] deemed:

 1. administratively complete, a 

letter to that effect shall be sent by certified mail to the applicant.  2. [If the application is 

judged] administratively incomplete,

a letter shall be sent by certified mail to the applicant stating what additional information or points of clarification are necessary to [judge] 

deem the application administratively

complete. Upon receipt of the 

A. The Depthirty (30) dapplication fpermit revisiapplication ais administraapplication i [1.](1) 

complete, a be sent by ceapplicant.  [2.](2) incomplete, certified maiwhat additioof clarificatithe applicaticomplete. Uadditional in
91 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 S

determination. additional information or 

clarification, the Department shall promptly review such information and determine whether the application is administratively complete.

 3. [If the application is

judged] administratively complete 

but no permit is required, a letter shall be sent by certified mail to the applicant informing the applicant of the determination. 

clarificationpromptly revand determinapplication icomplete.  [3.](3) 

complete buletter shall bto the applicapplicant of 

B. The Department shall, as soon as practicable after the Department deems the application complete but not to exceed one hundred eighty (180) days or two hundred forty (240) days if the application is subject to Part 74, Prevention of Significant Deterioration, either grant, grant subject to conditions or deny the permit or permit revision. 

B. The Department shall, as soon as practicable after the Department deems the application complete but not to exceed one hundred eighty (180) days or two hundred forty (240) days if the application is subject to Part 74, Prevention of Significant Deterioration, either grant, grant subject to conditions or deny the permit or significant permit 

revision. 

B. The Department shall [, as soon 

as practicable after the Department deems the application complete but not to exceed one hundred eighty (180) days or two hundred forty (240) days if the application is subject to Part 74, Prevention of Significant Deterioration,] either 

grant, grant subject to conditions or deny the permit or significant permit revision[.]:

 1. within ninety (90) days 

after the Department deems the application administratively complete, if the application is not subject to the requirements of Part 74 – Prevention of Significant Deterioration; or

 2. within one hundred eighty 

(180) days after the Department deems the application administratively complete, if the application is subject to the 

B. The Depgrant, grant deny the perrevision:  [1.](1) 

after the Depapplication acomplete, if subject to th

74 –] 20.2.74 

Significant D

 [2.](2) 

eighty (180) Department administrativapplication irequirement

NMAC (Pre

Deterioration

C. If the Deaction on the deadlines sp

of this Sectio
92 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 S

requirements of Part 74 – Prevention of Significant Deterioration.

C. If the Department fails to take 

action on the application within the deadlines specified in paragraph B of this Section, the Department shall notify the applicant by certified mail that an extension of time is necessary to process the application and shall specify, in detail, the grounds for the extension. The Secretary may grant an extension, not to exceed ninety (90) days, to the deadlines specified in paragraph B of this section, if the Secretary determines that good cause exists for the extension. The Secretary shall notify the applicant by certified mail of the decision on the extension. If the Secretary grants the extension, the notification shall include the length of the extension and the reasons therefore. The authority under this paragraph may be delegated by the Secretary only to the Deputy Secretary or a Division Director. Examples of good cause for extension include, but are not limited to:

 1. the need to have public 

hearings;

 2. a health assessment is 

required under Subpart IV of this Part;

 3. the permit application is 

subject to the requirements of Part 79 

20.2.72.207 

shall notify tmail that an necessary to and shall spegrounds for Secretary mato exceed nindeadlines sp

of this sectio20.2.72.207 

determines tthe extensionnotify the apof the decisithe Secretary the notificatilength of the reasons thereunder this padelegated by Deputy SecrDirector. Exfor extension limited to:  [1.](1) 

hearings;  [2.](2) required und

Part] 20.2.72

20.2.72.499 

 [3.](3) 

subject to th

79 –] 20.2.7

Nonattainme
93 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 S

– Permits – Nonattainment Areas;

 4. additional time is needed to 

complete the requirements for Federal Review specified in Section 403 of Part 74 – Permits –

Prevention of Significant 

Deterioration.

 5. the permit application 

requires review of unusually complex technical and regulatory issues; or

 6. the Department is unable to 

complete review of information submitted, because of the timing and scope of the submittal. 

 [4.](4) 

needed to cofor Federal R[Section 403 

Prevention o

Deterioratio

 [5.](5) 

requires revitechnical and  [6.](6) unable to coinformation the timing an

C. The Department shall grant the permit, grant the permit subject to conditions, or deny the permit based on information contained in the Department's administrative record.  The administrative record shall consist of the application, any other evidence submitted by the applicant, any evidence or written comments submitted by interested persons, any other evidence considered by the Department, a statement of matters officially noticed, and if a public hearing is held, the evidence submitted at the hearing. 

No Change [C]D. The Department shall grant 

the permit, grant the permit subject to conditions, or deny the permit based on information contained in the Department's administrative record.  The administrative record shall consist of the application, any other evidence submitted by the applicant, any evidence or written comments submitted by interested persons, any other evidence considered by the Department, a statement of matters officially noticed, and if a public hearing is held, the evidence submitted at the hearing. The 

applicant has the burden of demonstrating that a permit or permit revision should be approved.

No Change 

D. Any person who participated in a permitting action before the Department shall be notified by the 

No Change [D]E. Any person who participated 

in a permitting action before the Department shall be notified by the 

No Change 
94 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 SDepartment of the action taken and the reasons for the action.  Notification of the applicant shall be by certified mail. 

Department of the action taken and the reasons for the action.  Notification of the applicant shall be by certified mail. 

E. Any person who participated in a permitting action before the Department and who is adversely affected by such permitting action may file a petition for hearing before the board. The petition shall be made in writing to the board within thirty (30) days from the date notice is given of the Department's action and shall specify the portions of the permitting action to which the petitioner objects, certify that a copy of the petition has been mailed or hand-delivered as required by this paragraph, and attach a copy of the permitting action for which review is sought. Unless a timely request for hearing is made, the decision of the Department shall be final. The petition shall be copied simultaneously to the Department upon receipt of the appeal notice. If the petitioner is not the applicant or permittee, the petitioner shall mail or hand-deliver a copy of the petition to the applicant or permittee. The Department shall certify the administrative record to the board. 

No Change [E]F. Any person who participated 

in a permitting action before the Department and who is adversely affected by such permitting action may file a petition for hearing before the board. The petition shall be made in writing to the board within thirty (30) days from the date notice is given of the Department's action and shall specify the portions of the permitting action to which the petitioner objects, certify that a copy of the petition has been mailed or hand-delivered as required by this paragraph, and attach a copy of the permitting action for which review is sought. Unless a timely request for hearing is made, the decision of the Department shall be final. The petition shall be copied simultaneously to the Department upon receipt of the appeal notice. If the petitioner is not the applicant or permittee, the petitioner shall mail or hand-deliver a copy of the petition to the applicant or permittee. The Department shall certify the administrative record to the board. 

No Change 

F. If a timely request for hearing is made, the board shall hold a hearing within ninety (90) days of receipt of 

F. If a timely request for hearing is made, the board shall hold a hearing within ninety (90) days of receipt of 

[F]G. If a timely request for hearing 

is made, the board shall hold a hearing within [ninety (90)] sixty 

No Change 
95 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Submittal April 11, 20(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 Sthe petition in accordance with Section 74-2-7 NMSA 1978. 

the petition in accordance with Section 74-2-7 of the New Mexico 

Air Quality Control Act, NMSA 

1978. 

(60) days of receipt of the petition in 

accordance with Section 74-2-7 of the New Mexico Air Quality Control Act, NMSA 1978. 

G. Any person adversely affected by an administrative action taken by the board may appeal in accordance with Section 74-2-9 NMSA 1978. 

G. Any person adversely affected by an administrative action taken by the board may appeal in accordance with Section 74-2-9 of the New 

Mexico Air Quality Control Act,

NMSA 1978. 

[G]H. Any person adversely 

affected by an administrative action taken by the board may appeal in accordance with Section 74-2-9 of the New Mexico Air Quality Control Act, NMSA 1978. 

No Change 

 Section 207 describes the permit decisions and appeals process and timelines for permits issued under Part 72 

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 207 include the addition of clarifying language that do not substantive

provisions contained in this section. These revisions also specify that the requirements contained in Paragraponly to those permit revisions that are considered to be Significant revisions. The permit decisions procedureother types of permit revisions are addressed in later sections of Part 72. 

 The first set of revisions to Section 207 contained in the April 11, 2002 submittal include the addition of clari

within Paragraph A to specify that submitted permit applications will be reviewed for administrative completversion of these provisions did not indicate specifically “administrative” completeness. The April 11, 2002 s

included revisions to Paragraph B that made changes to the timeline requirements that NMED must meet for 

Non-PSD permits, including NNSR permits, have a shortened permit issuance period, 90 days as compared tissuance. Paragraph C was also added in these revisions to provide procedural requirements that must be foll

that the permit issuance timelines are not met. The length of time allowed from NMED to hold a requested hreduced 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 207 contained in the April 11, 2002 submittal include formatting chang

references to other NMAC provisions, and list numbering. The formatting changes were a result of Part 72 bbe 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, inc

time allowed for the Department to act on permits and hold requested hearings, but these revisions, as compaNew Mexico SIP as discussed above and in Section III.E of this TSD, do not affect the ability of the provisiorequirements for SIP-approved permitting plans. 

Table C.XVIII: Revisions to Section 208 – Basis for Denial of Permit

Current SIP-approved Language April 11, 2002 SIP Submittal April 11, 2002 SIP Subm

(Baseline Regulatory Language) (01/01/2000 State Revisions) (02/02/2001 State Revisions) 208. BASIS FOR DENIAL OF PERMIT:  The Department shall deny any application for a permit or permit revision if considering emissions after controls: 

No Change [208.] 20.2.72.208 BASIS 

PERMIT:  The Department shall denpermit or permit revision after controls:

A. It appears that the construction, modification or permit revision will not meet applicable regulations adopted pursuant to the Air Quality Control Act; 

No Change No Change 

B. The source will emit a hazardous air pollutant or an air contaminant in excess of any applicable New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants or a regulation of the board; 

No Change No Change 

C. For toxic air pollutants, See Subpart IV; C. For toxic air pollutants, See Subpart IV of this 

Part; 

C. For toxic air pollutant

this Part] 20.2.72.400 NMNMAC; 

D. The construction, modification, or permit revision will cause or contribute to air contaminant levels in excess of any National Ambient Air Quality Standard or New Mexico Ambient Air Quality Standard unless the ambient air impact is offset by meeting the requirements of either Part 79 or Section 216, whichever is applicable; 

No Change D. The construction, mo

revision will cause or conlevels in excess of any NaQuality Standard or New Quality Standard unless thoffset by meeting the requ

79 or Section 216] 20.2.79 NMAC, whichever is app

E. The construction, modification, or permit revision would cause or contribute to ambient concentrations in excess of a Prevention of 

No Change No Change 
97 

Current SIP-approved Language April 11, 2002 SIP Submittal April 11, 2002 SIP Subm(Baseline Regulatory Language) (01/01/2000 State Revisions) (02/02/2001 State Revisions) Significant Deterioration (PSD) increment; F. Any provision of the Air Quality Control Act will be violated; 

F. Any provision of the Air Quality Control Act will be violated; or

No Change 

G. It appears that the construction of the new source will not be completed within a reasonable time; or 

G. It appears that the construction of the new source will not be completed within a reasonable time[; or].

No Change 

H. The construction, reconstruction, modification, or permit revision for major sources of hazardous air pollutants does not meet the requirements specified in Part 83. 

[H. The construction, reconstruction, 

modification, or permit revision for major sources of hazardous air pollutants does not meet the requirements specified in Part 83.] 

No Change 

 Section 208 specifies the reasons that would require NMED to deny the issuance of a permit under Part 72 – 

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The first set of revisions to Section 208 contained in the April 11, 2002 submittal includes the addition of cla

within Paragraph C. The April 11, 2002 submittal also included the deletion of Paragraph H from the currenprovisions of Section 208. This paragraph, was deleted because it references Part, which no longer exists. Inthat a permit meet applicable Hazardous Air Pollutant requirements is included in Paragraphs A (indirect refe“applicable regulations”) and B (direct reference). 

 The second set of revisions to Section 208 contained in the April 11, 2002 submittal include formatting chang

and references to other NMAC provisions. The formatting changes were a result of Part 72 being reformatte

other formatting updates found in the NMAC. 

 These revisions to Section 208 that include formatting updates and clarification via addition and deletion of l

with the current New Mexico SIP, do not affect the ability of the provisions to meet federal requirements for 

permitting plans. 

Table C.XIX: Revisions to Section 209 – Additional Legal Responsibilities on Applican

Current 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 criminal liability for failure to comply with the provisions of the Air Quality Control 

[209.] 20.272.209 ADDITIONAL LEGAL RESPON

APPLICANTS: The issuance of a permit does not recivil or criminal liability for failure to comply with th
98 

Current SIP-approved Language April 11, 2002 SIP Submittal (Baseline Regulatory Language) (02/02/2001 State Revisions) Act, the Federal Act, federal regulations thereunder, any applicable regulations of the board, and any other applicable law or regulation. 

Quality Control Act, the Federal Act, federal regulatiapplicable regulations of the board, and any other appregulation. 

 Section 209 identifies the additional legal responsibility for applicants issued a permit under Part 72 – Constr Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The April 11, 2002 revisions to Section 209 include formatting changes to the section title. The formatting c

of Part 72 being reformatted to be consistent with other formatting updates found in the NMAC. 

 These revisions to Section 209 do not result in substantive changes to Part 72 as contained in the current New 

Table C.XX: Revisions to Section 210 – Permit Conditions

Current SIP-approved Language November 6, 1998 April 11, 2002 SIP Subm

(Baseline Regulatory Language) (11/14/1998 State Revisions) (02/02/2001 State Revisions) 210. Permit Conditions: No Change [210.] 20.2.72.210 PermiA. The contents of the application specifically identified by the Department shall become terms and conditions of the permit or permit revision. 

No Change No Change 

B. The Department shall, as appropriate, specify conditions upon a permit, including:  1. Placement of individual emission limits determined on a case-by-case basis on the source for which the permit is issued, but such individual emission limits shall be only as restrictive as the more stringent of the following:  a. The extent necessary to meet the requirements of the Air Quality Control Act and the Federal Act; or  b. The emission rate specified in the permit application;  2. A requirement that such source install and operate control technology, determined on a case-by-case basis, sufficient to meet the requirements of the Air Quality Control Act and 

No Change B. The Department shall

conditions upon a permit,  [1.](1) Placement 

limits determined on a cassource for which the permindividual emission limits restrictive as the more stri [a.](a) The exte

requirements of the Air Qthe Federal Act; or  [b.](b) The emi

the permit application;  [2.](2) A requireme

install and operate control on a case-by-case basis, surequirements of the Air Q
99 

Current SIP-approved Language November 6, 1998 April 11, 2002 SIP Subm(Baseline Regulatory Language) (11/14/1998 State Revisions) (02/02/2001 State Revisions) the Federal Act and regulations promulgated under either;  3. Compliance with applicable NSPS and NESHAP;  4. Imposition of reasonable restrictions and limitations other than restrictions and limitations relating to emission limits or emission rates; or  5. Any combination of the above. 

the Federal Act and regulaeither;  [3.](3) Compliance 

and NESHAP;  [4.](4) Imposition oand limitations other than limitations relating to emirates; or  [5.](5) Any combin

C. In the case of a modification, the requirements of this Section apply only to the facility or facilities involved in such modification. 

[C}6. In the case of a modification, the 

requirements of this [S]section (210.B) apply only 

to the facility or facilities involved in such modification. 

6. In the case of a modifiof [this section (210.B)] S

20.2.72.210 NMAC apply 

facilities involved in such 

D. The Department may impose such other reasonable conditions upon a permit, including a schedule of construction, a condition requiring timely revision of permit terms or conditions in order to meet new requirements, if any, under any federally required and approved State Implementation Plan revision, and conditions requiring the source to be provided with or to undertake:  1. Sampling ports of a size, number and location as the Department may require;  2. Safe access to each port;  3. Instrumentation to monitor and record emission data including continuous emission monitoring, if appropriate;  4. Any other reasonable sampling, testing and ambient monitoring and meteorological facilities and protocols; and  5. Periodic testing pursuant to Section 213. 

[D]C. The Department may impose such other 

reasonable conditions upon a permit, including a schedule of construction, a condition requiring timely revision of permit terms or conditions in order to meet new requirements, if any, under any federally required and approved State Implementation Plan revision, and conditions requiring the source to be provided with or to undertake:  1. Sampling ports of a size, number and location as the Department may require;  2. Safe access to each port;  3. Instrumentation to monitor and record emission data including continuous emission monitoring, if appropriate;  4. Any other reasonable sampling, testing and ambient monitoring and meteorological facilities and protocols; and  5. Periodic testing pursuant to Section 213. 

C. The Department may reasonable conditions uposchedule of construction, timely revision of permit torder to meet new requirefederally required and appImplementation Plan revisrequiring the source to be undertake:  [1.](1) Sampling po

location as the Departmen [2.](2) Safe access  [3.](3) Instrumentarecord emission data incluemission monitoring, if ap [4.](4) Any other retesting and ambient monitfacilities and protocols; an [5.](5) Periodic tes

213] 20.2.72.213 NMAC. 

E. Any term or condition imposed by the Department on a permit or permit revision is 

[E]D. Any term or condition imposed by the 

Department on a permit or permit revision is 

No Change 
100 

Current SIP-approved Language November 6, 1998 April 11, 2002 SIP Subm(Baseline Regulatory Language) (11/14/1998 State Revisions) (02/02/2001 State Revisions) enforceable to the same extent as a regulation of the board. 

enforceable to the same extent as a regulation of the board. 

F. The Department will as a condition of each permit require the permittee to establish and maintain such records of the nature and amount of emissions and to make such periodic reports to the Department regarding the nature and amounts of emissions and the performance of air pollution control equipment, as are necessary to carry out the purpose of the Air Quality Control Act. 

[F]E. The Department will as a condition of each 

permit require the permittee to establish and maintain such records of the nature and amount of emissions and to make such periodic reports to the Department regarding the nature and amounts of emissions and the performance of air pollution control equipment, as are necessary to carry out the purpose of the Air Quality Control Act. 

No Change 

 Section 210 specifies what requirements and associated information should be included as conditions of a per

72 – Construction Permits. 

 Revisions to this section were included in the following SIP submittal(s): November 6, 1998, and April 11, 2 The November 6, 1998 revisions to Section 210 corrected a typographical error that was made in the previou

the section. 

 The April 11, 2002 revisions to Section 210 include formatting changes to the section title, references to othe

and list numbering contained in the section. The formatting changes were a result of Part 72 being reformattewith other formatting updates found in the NMAC. 

 These revisions to Section 210 do not result in substantive changes to Part 72 as contained in the current New 

Table C.XXI: Revisions to Section 211 – Permit Cancellations

Current SIP-approved Language April 11, 2002 SIP Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) 211. PERMIT CANCELLATIONS: [211.] 20.2.72.211 PERMIT CANCELLATIONS: A. The Department shall automatically cancel any permit for any source which ceases operation for five years or more, or permanently. Reactivation of any source after the five year period shall require a new permit. 

No Change 

B. The Department may cancel a permit if the construction or modification is not commenced within two years from the date of issuance or, if during the construction or modification, work is suspended for a total of one year, Such cancellation shall be subject to the following procedures: 

B. The Department may cancel a permit if the constis not commenced within two years from the date of construction or modification, work is suspended for a cancellation shall be subject to the following procedu
101 

Current SIP-approved Language April 11, 2002 SIP Submittal (Baseline Regulatory Language) (02/02/2001 State Revisions)  1. At least thirty days prior to the cancellation of a permit, the Department shall notify the permittee by certified mail of the impending cancellation. The Department shall notify the permittee by certified mail of the cancellation of his permit and the reasons therefor. Construction, modification and, if required, interim operation shall cease upon the effective 

date of cancellation contained in the notice of cancellation. A permittee who has received notice that a permit is or will be cancelled may request a hearing before the board. The request must be made in writing to the board within thirty days after notice of the Department's action has been received by the permittee. Unless a timely request for hearing is made, the decision of the Department shall be final; and  2. If a timely request for hearing is made, the board shall hold a hearing within thirty days after receipt of the request. The Department shall notify the permittee by certified mail of the date, time and place of the hearing. In the hearing the burden of proof shall be upon the permittee. The board may designate a hearing officer to take evidence in the hearing. Based upon the evidence presented at the hearing, the board shall sustain, modify or reverse the action of the Department. 

 [1.](1) At least thirty days prior to the cancella

Department shall notify the permittee by certified macancellation. The Department shall notify the permittthe cancellation of his permit and the reasons therefomodification and, if required, interim operation shall 

date of cancellation contained in the notice of cancelhas received notice that a permit is or will be cancellbefore the board. The request must be made in writinthirty days after notice of the Department's action has permittee. Unless a timely request for hearing is madDepartment shall be final; and  [2.](2) If a timely request for hearing is made, 

hearing within thirty days after receipt of the requestnotify the permittee by certified mail of the date, time hearing. In the hearing the burden of proof shall be uboard may designate a hearing officer to take evidencupon the evidence presented at the hearing, the board reverse the action of the Department. 

 Section 211 described the conditions under which a permit issued under Part 72 – Construction Permits shall 

Department. 

 Revisions to this section were included in the 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

changes were a result of Part 72 being reformatted to be consistent with other formatting updates found in the 

 These revisions to Section 211 do not result in substantive changes to Part 72 as contained in the current New 

Table C.XXII: Revisions to Section 212 – Permittee’s Notification Requirements to Depart

Current SIP-approved Language April 11, 2002 SIP Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) 212. PERMITTEE'S NOTIFICATION REQUIREMENTS TO DEPARTMENT: Any owner or operator subject to this Part shall notify the Department in writing of or provide the Department with:  A. Anticipated date of initial startup of a source not less than thirty (30) 

[212.] 20.2.72.212 PERMITTEE'S NOTIFICATION 

DEPARTMENT: Any owner or operator subject to tDepartment in writing of or provide the Department w A. Anticipated date of initial startup of a source 
102 

Current SIP-approved Language April 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 after 

the 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 after the operator knows or should have known of the condition necessitating the 

update or correction of the permit. 

days prior to the date;  B. Actual date of initial startup of a source withi

the startup date;  C. Any change of operators within fifteen (15) d D. Any necessary update or correction no more tthe operator knows or should have known of the condupdate or correction of the permit. 

 Section 212 specifies the notification requirements for applicants issued a permit under Part 72 – Constructio Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The April 11, 2002 revisions to Section 212 include formatting changes to the section title. The formatting c

of Part 72 being reformatted to be consistent with other formatting updates found in the NMAC. 

 These revisions to Section 212 do not result in substantive changes to Part 72 as contained in the current New 

Table C.XXIII: Revisions to Section 213 – Startup and Followup Testing

Current 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 after achieving the maximum production rate at which the source will be operated but not later than one hundred eighty (180) days after initial startup of the source, the owner or operator of the source may be required to conduct a performance test. The test method utilized shall be approved by the Department. Whenever the requirements of 40 CFR 60 or 61 apply, test methods must be utilized as specified in those regulations. The owner or operator shall notify the Department at least thirty (30) days prior to the test date and allow a representative of the Department to be present at the test. A written report of the results of the test shall be submitted to the Department by the owner or operator within thirty (30) days from the test date. This requirement may be reimposed on a source as necessary if inspections of the source indicate noncompliance with permit conditions subject to such testing, or the previous test showed noncompliance or was technically unsatisfactory.  In such cases, the test requirement may be reimposed as frequently as necessary until compliance is achieved and testing is performed in a 

[213.] 20.2.72.213 STARTUP AND FOLLOWUP T

(60) days after achieving the maximum production rawill be operated but not later than one hundred eighty startup of the source, the owner or operator of the souconduct a performance test. The test method utilized Department. Whenever the requirements of 40 CFR methods must be utilized as specified in those regulaoperator shall notify the Department at least thirty (3date and allow a representative of the Department to written report of the results of the test shall be submithe owner or operator within thirty (30) days from threquirement may be reimposed on a source as necesssource indicate noncompliance with permit conditionor the previous test showed noncompliance or was te In such cases, the test requirement may be reimposenecessary until compliance is achieved and testing is 
103 

Current SIP-approved Language April 11, 2002 SIP Submittal (Baseline Regulatory Language) (02/02/2001 State Revisions) technically satisfactory manner. This testing requirement may be waived if the source is a member of a class subject to an exemption from this requirement pursuant to Section 214, and has agreed to comply with, and its permit contains, enforceable design, operational and locational protocols set by the Department for the class of sources to which the source belongs. 

technically satisfactory manner. This testing requiremthe source is a member of a class subject to an exemprequirement pursuant to [Section 214] 20.2.72.214 N

comply with, and its permit contains, enforceable deslocational protocols set by the Department for the clathe source belongs. 

 Section 213 specifies the requirements for startup and followup testing for those sources issued a permit unde

Construction Permits. 

 Revisions to this section were included in the 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 o

provisions. The formatting changes were a result of Part 72 being reformatted to be consistent with other forfound in the NMAC. 

 These revisions to Section 213 do not result in substantive changes to Part 72 as contained in the current New 

Table C.XXIV: Revisions to Section 214 – Source Class Exemption Process (Permit Stream

Current SIP-approved Language April 11, 2002 SIP Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) 214. SOURCE CLASS EXEMPTION PROCESS (PERMIT STREAMLINING): 

[214.] 20.2.72.214 SOURCE CLASS EXEMPTION 

STREAMLINING): 

A. Upon application by any person or group of persons, or upon the 

initiative of the Department, the board may exempt any source or class of sources, from any procedural requirement of this Part except the requirement to obtain a permit prior to commencement of construction if the board finds that the conditions set forth below in this Section have been met. When possible, comprehensive exemptions shall be established for source classes in order to conduct expedited, streamlined permit processing for any applicant whose source is a member of such class. Exemptions may be granted only after a public hearing of the board, at which time the basis for such exemption 

shall be presented and any interested person allowed to comment and to question any witness. The board's decision that an exemption under this 

Section is justified shall be based at a minimum on each of the following findings: 

A. Upon application by any person or group of persinitiative of the Department, the board may exempt asources, from any procedural requirement of this Parto obtain a permit prior to commencement of construthat the conditions set forth below in this Section havpossible, comprehensive exemptions shall be establisorder to conduct expedited, streamlined permit procewhose source is a member of such class. Exemptionafter a public hearing of the board, at which time the shall be presented and any interested person allowed question any witness. The board's decision that an exSection is justified shall be based at a minimum on efindings: 
104 

Current SIP-approved Language April 11, 2002 SIP Submittal (Baseline Regulatory Language) (02/02/2001 State Revisions) 

 1. The Department has substantial actual experience with or knowledge of the specific class of sources proposed for exemption, that such experience or knowledge is material to the application for exemption, and that such experience or knowledge includes modeling and analysis of a representative sample of such sources. Such knowledge may be acquired through, but not limited to, direct Department experience with such sources, or the review of other regulatory agencies' experience, records, documentation and formal actions, or through publications of professional organizations and societies upon which engineers and scientists would conventionally rely in formulating a professional judgment;  2. The sources possess sufficiently common characteristics of operation, process technology, emissions, emission control technology and impact on air quality that with respect to the specific requirements proposed to be exempted, protocols have been developed which, if applied to all members of that class, will ensure that air quality is protected at least as well as would be accomplished by the full permit review process; and  3. Under such an exemption, compliance with all federal and state air quality laws, regulations, standards and emissions limitations will be assured. 

 [1.](1) The Department has substantial actual 

knowledge of the specific class of sources proposed fexperience or knowledge is material to the applicatiosuch experience or knowledge includes modeling and representative sample of such sources. Such knowlethrough, but not limited to, direct Department experieor the review of other regulatory agencies' experiencedocumentation and formal actions, or through publicorganizations and societies upon which engineers and conventionally rely in formulating a professional jud [2.](2) The sources possess sufficiently comm

operation, process technology, emissions, emission cimpact on air quality that with respect to the specific to be exempted, protocols have been developed whicmembers of that class, will ensure that air quality is pas would be accomplished by the full permit review p [3.](3) Under such an exemption, compliance 

air quality laws, regulations, standards and emissions assured. 

 B. Exemptions may apply statewide or regionally and may be revoked by the board only after a public hearing following at least sixty days public notice. 

No Change 

C. As may be required under federal law, all protocols established hereunder shall be submitted to the US EPA for review and approval as revisions to the State Implementation Plan. Such protocols shall be established contingent upon approval by the US EPA. 

No Change 

D. There shall be no exemptions under this Section from the requirements of Part 74, 79, 77, or 78. 

D. There shall be no exemptions under this Section [Part 74, 79, 77, or 78] 20.2.74 NMAC, 20.2.77 NMA

20.2.79 NMAC. 

 Section 214 includes the provisions related to the Permit Streamlining process under Part 72 – Construction P Revisions to this section were included in the 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 o

provisions. The formatting changes were a result of Part 72 being reformatted to be consistent with other forfound in the NMAC. 

 These revisions to Section 214 do not result in substantive changes to Part 72 as contained in the current New 

Table C.XXV: Revisions to Section 215 – Emergency Permit Process

Current SIP-approved Language April 11, 2002 SIP Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) 215. EMERGENCY PERMIT PROCESS: [215.] 20.2.72.215 EMERGENCY PERMIT PROCEA. The Department may issue an emergency permit when the Secretary determines an emergency exists which threatens the public health, safety or welfare, and which requires the rapid construction or modification of, or installation of equipment in, a facility subject to this Part in order to mitigate, prevent or remedy such emergency. 

No Change 

B. Department personnel shall verify that the source, operating in accordance with the permit issued, can and will meet all applicable standards, emissions limitations and conditions before authorizing start-up in order to ensure that the public emergency is not worsened by excess or improperly controlled air pollution. 

No Change 

C. An emergency caused by any negligent or unlawful action or operation of the facility or the facility owner or operator, including but not limited to failure to apply timely for a permit or revision, shall not constitute an emergency for the purposes of this Section. 

No Change 

D. The requirements of Sections 206.A.4 and 5, 206.B, and 207.A and B shall not apply to emergency permits processed under this Section. 

D. The requirements of [Sections 206.A.4 and 5, 20

Paragraphs 5 and 6 of Subsection A of 20.2.72.206 N

20.2.72.206 NMAC, and Subsections A and B of 20.

not apply to emergency permits processed under this 

E. Construction shall not commence until the emergency permit is issued. No Change 

 Section 215 describes the emergency permit process requirements and procedures under Part 72 – Constructi Revisions to this section were included in the 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 o

provisions. The formatting changes were a result of Part 72 being reformatted to be consistent with other forfound in the NMAC. 
106 

 These revisions to Section 215 do not result in substantive changes to Part 72 as contained in the current New 

Table C.XXVI: Revisions to Section 216 – Nonattainment Area Requirements

Current SIP-approved Language April 11, 2002 SIP Submittal November 2, 2006 SIP S

(Baseline Regulatory Language) (02/02/2001 State Revisions) (09/06/2006 State Revisions) 216. NONATTAINMENT AREA REQUIREMENTS: 

[216.] 20.2.72.216 NONATTAINMENT AREA 

REQUIREMENTS: 

No Change 

A. The requirements of this Section apply to:  1. A source or modification which will emit a regulated air contaminant such that the ambient impact of the contaminant would exceed the significant ambient concentration in Section 500, Table 1 at any location that does not meet the New Mexico Ambient Air Quality Standard for the contaminant; or  2. A source or modification which is not a major stationary source or major modification as defined in Part 79 and which will emit a regulated air contaminant such that the ambient impact of the contaminant would exceed the significant ambient concentration in Table 1 at any location that does not meet the National Ambient Air Quality Standard for the contaminant. 

A. The requirements of this Section apply to:  [1.](1) A source or modification which will 

emit a regulated air contaminant such that the ambient impact of the contaminant would exceed the significant ambient concentration in [Section 

500] 20.2.72.500 NMAC, table 1 at any location 

that does not meet the New Mexico Ambient Air Quality Standard for the contaminant; or  [2.](2) A source or modification which is 

not a major stationary source or major modification as defined in [Part 79] 20.2.79 

NMAC and which will emit a regulated air 

contaminant such that the ambient impact of the contaminant would exceed the significant ambient concentration in Table 1 at any location that does not meet the National Ambient Air Quality Standard for the contaminant. 

A. The requirements of t (1) A new source o

existing source that [whic

air contaminant such that the contaminant would exambient concentration in 2table 1, at any location thaMexico ambient air qualitcontaminant; [or] 

 (2) A new source o

existing source that [whic

stationary source or major in 20.2.79 NMAC and [w

regulated air contaminant impact of the contaminant significant ambient concelocation that does not meequality standard for the co

 (3) an existing sou

an increase in emissions aregulated air contaminant impact of the contaminant significant ambient conceNMAC (table 1) at any lothe national air or New Mstandard for the contamin

B. A source or modification subject to this Section shall offset the ambient impact of its emissions by: 

B. A source or modification subject to this Section shall offset the ambient impact of its emissions by: 

B. A new source or mod

subject to this section shalimpact of its emissions by
107 

Current SIP-approved Language April 11, 2002 SIP Submittal November 2, 2006 SIP S(Baseline Regulatory Language) (02/02/2001 State Revisions) (09/06/2006 State Revisions)  1. Obtaining emission offsets for proposed emissions in an amount greater than one-to-one such that a net air quality benefit will occur; and  2. Ensuring emission offsets are quantifiable, enforceable, and permanent by meeting the following Sections of Part 79:  a. Section 114 - Emission Offset Baseline  b. Section 115 - Emission Offsets  c. Section 117 - Air Quality Benefit 

 [1.](1) Obtaining emission offsets for 

proposed emissions in an amount greater than oneto-one such that a net air quality benefit will occur; and  [2.](2) Ensuring emission offsets are quantifiable, enforceable, and permanent by meeting the following [S]sections of [Part 79] 

20.2.79 NMAC: 

 [a.](a) [Section 114 - Emission Offset 

Baseline] 20.2.79.114 NMAC (emission offset baseline);

 [b.](b) [Section 115 - Emission Offsets] 

20.2.79.115 NMAC (emission offsets); and

 [c.](c) [Section 117 - Air Quality 

Benefit] 20.2.79.117 NMAC (air quality benefit).

 (1) Obtaining emisemissions in an amount grsuch that a net air quality  (2) Ensuring emissquantifiable, enforceable, meeting the following sec (a) 20.2.79.114 baseline);  (b) 20.2.79.115 offsets); and  (c) 20.2.79.117 benefit). C. An existing source tha

shall demonstrate a net air least 20 percent reduction each applicable contamina

reduction shall be calculat

source impact subtracted fimpact divided by the exisnet air quality benefit musrequirements of 20.2.79.1benefit).

 Section 216 specifies requirements that are applicable to sources or modifications to sources located in nonat

Part 72 – Construction Permits. 

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002, and November 2, 2 The April 11, 2002 revisions to Section 216 include formatting changes to the section title, references to othe

and list numbering contained in the section. The formatting changes were a result of Part 72 being reformatte

with other formatting updates found in the NMAC. 

 The November 2, 2006 revisions to Section 216 include the addition of clarifying language to Paragraphs A a

potential applicability of the nonattainment area requirements to both new sources and modifications of exist

revisions also include the additional applicability test for sources located in nonattainment areas that would a

than proposed increase in emissions. Finally, the November 2, 2006 revisions include the addition of Paragra
108 

requirement that existing sources that are subject to Section 216 demonstrate a net air quality benefit of at leareduction in ambient impact for each applicable contaminant. 

 These revisions to Section 216 add an additional applicability test to determine if a source is subject to the re

section and also add an additional requirement for sources subject to Section 216. These revisions, as compaNew Mexico SIP as discussed above and in Section III.E of this TSD, do not affect the ability of the provisiorequirements for SIP-approved permitting plans. 

Table C.XXVII: Revisions to Section 217 – Compliance Certifications

Current SIP-approved Language April 11, 2002 SIP Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) 217. COMPLIANCE CERTIFICATIONS: [217.] 20.2.72.217 COMPLIANCE CERTIFICATIOA. Notwithstanding any other provision in the New Mexico State Implementation Plan approved by the Administrator, for the purpose of determining compliance, an owner or operator is not prohibited from using monitoring as required under Part 70 and incorporated into an operating permit in addition to any specified compliance methods. 

No Change 

B. The requirements of this Section are only applicable to those sources which, in addition to being subject to this Part are either: defined as a major source under Part 70 - Operating Permits, or; subject to Part 82 - Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air Pollutants. 

B. The requirements of this Section are only applicawhich, in addition to being subject to this Part are eitsource under [Part 70 -] 20.2.70 NMAC (Operating P

[Part 82 -] 20.2.82 NMAC (Maximum Achievable C

Standards for Source Categories of Hazardous Air Po

 Section 217 relates to compliance certifications for sources that are either defined as a major source under Pa

Part 75 and have been issued a permit under Part 72 – Construction Permits. 

 Revisions to this section were included in the 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 o

provisions. The formatting changes were a result of Part 72 being reformatted to be consistent with other forfound in the NMAC. 

 These revisions to Section 217 do not result in substantive changes to Part 72 as contained in the current New 
109 

Table C.XXVIII: Revisions to Section 218 – Enforcement

Current SIP-approved Language April 11, 2002 SIP Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) 218. ENFORCEMENT: Notwithstanding any other provision in the New Mexico State Implementation Plan approved by the Administrator, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of the terms or conditions of a permit issued pursuant to this Part, including permits for sources meeting the applicability requirements Part 74 - Prevention of Significant Deterioration, or Part 79 - Permits - Nonattainment Areas. 

[218.] 20.2.72.218 ENFORCEMENT: Notwithstand

in the New Mexico State Implementation Plan approAdministrator, any credible evidence may be used foestablishing whether a person has violated or is in vioconditions of a permit issued pursuant to this Part, insources meeting the applicability requirements [Part 

(Prevention of Significant Deterioration), or [Part 79 (Permits - Nonattainment Areas). 

A. Information from the use of the following methods is presumptively credible evidence of whether a violation has occurred at the source:  1. A monitoring or information gathering method approved for the source pursuant to Part 70 and incorporated in an operating permit; or  2. Compliance methods specified in the New Mexico State Implementation Plan. 

A. Information from the use of the following methocredible evidence of whether a violation has occurred  [1.](1) A monitoring or information gathering 

source pursuant to [Part 70] 20.2.70 NMAC and inco

permit; or  [2.](2) Compliance methods specified in the N

Implementation Plan. 

B. The following testing, monitoring or information gathering methods are presumptively credible testing, monitoring or information gathering methods: 1. Any federally enforceable monitoring or testing methods, including those in 40 CFR, parts 51, 60, 61 and 75; and  2. Other testing, monitoring or information gathering methods that produce information comparable to that produced by any method in Section 218.A or Section 218.B.1, above. 

B. The following testing, monitoring or information presumptively credible testing, monitoring or inform [1.](1) Any federally enforceable monitoring o

including those in 40 CFR, parts 51, 60, 61 and 75; a [2.](2) Other testing, monitoring or informatioproduce information comparable to that produced by 

218.A] Subsection A of 20.2.72.218 NMAC or [Sectof Subsection B of 20.2.72.218 NMAC, above. 

C. The requirements of this Section 218 are only applicable to those sources which, in addition to being subject to this Part, are either: defined as a major source under Part 70 - Operating Permits, or; subject to Part 82 - Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air Pollutants. 

C. The requirements of this [S]section [218 ]are onl

sources which, in addition to being subject to this Parmajor source under [Part 70 -] 20.2.70 NMAC (Oper

subject to [Part 82 -] 20.2.82 NMAC (Maximum Ach

Technology Standards for Source Categories of Haza

 Section 218 includes provisions related to enforcement procedures for determining violations of the terms or 

issued under Part 72 – Construction Permits. 

 Revisions to this section were included in the 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 othe

and list numbering. The formatting changes were a result of Part 72 being reformatted to be consistent with oupdates found in the NMAC. 

 These revisions to Section 218 do not result in substantive changes to Part 72 as contained in the current New 

Table C.XXIX: Revisions to Section 219 – Permit Revisions

Current SIP-approved Language 

May 29, 1998 SIP Submittal

April 11, 2002 SIP Submittal

April 11, 2002 SIP Submittal 

AprSub

(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/2NOT IN SIP 219. PERMIT REVISIONS: No Change [219.] 20.2.72.219 PERMIT 

REVISIONS: 

No C

NOT IN SIP A. Administrative Permit 

Revisions

 1. Administrative 

permit revisions procedures may be used only for those permit revisions that:

 a. Correct 

typographical errors;

 b. Provide for a 

minor administrative change at the source, such as a change in ownership or a change in the address of phone number of any person identified in the permit;

 c. Incorporate a 

change in the permit solely involving the retiring of a source of closing of a facility upon notification of the Department that the permittee has ceased operations of the source or facility; 

 d. Incorporate a 

A. Administrative Permit Revisions  1. Administrative permit revisions procedures may be used only for those permit revisions that:  a. Correct typographical errors;  b. Provide for a minor administrative change at the source, such as a change in ownership or a change in the address of phone number of any person identified in the permit;  c. Incorporate a change in the permit solely involving the retiring of a source of closing of a facility upon notification of the Department that the permittee has ceased operations of the source or facility;  d. Incorporate a 

A. Administrative Permit Revisions  [1.](1) Administrative 

permit revisions procedures may be used only for those permit revisions that:  [a.](a) Correct 

typographical errors;  [b.](b) Provide for 

a minor administrative change at the source, such as a change in ownership or a change in the address of phone number of any person identified in the permit;  [c.](c) Incorporate 

a change in the permit solely involving the retiring of a source of closing of a facility upon notification of the Department that the permittee has ceased operations of the source or facility;  [d.](d) Incorporate 

No C
111 

Current SIP-approved Language 

May 29, 1998 SIP Submittal

April 11, 2002 SIP Submittal

April 11, 2002 SIP Submittal 

AprSub

(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/2

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; or

 e. Incorporate a 

source or activity at the facility which is exempted under Section 202.B of this Part; 

 2. The permittee shall 

apply for an administrative permit revision by filing a certified written notification of the proposed revision with the Department which includes all information required by the Department to review the request. The certification shall be made as required under Section 203.A.10 of this Part;

 3. The administrative 

permit revision is effective upon receipt of the notification by the Department.

 4. Administrative 

permit revisions shall not be subject to the public notification requirements under Sections 203.B and 

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; or  e. Incorporate a source or activity at the facility which is exempted under Section 202.B of this Part;  2. The permittee shall apply for an administrative permit revision by filing a certified written notification of the proposed revision with the Department which includes all information required by the Department to review the request. The certification shall be made as required under Section [203.A.10] 203.A.12 of this 

Part;  3. The administrative permit revision is effective upon receipt of the notification by the Department.  4. Administrative permit revisions shall not be subject to [the] public 

notification requirements 

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; or  [e.](e) Incorporate 

a source or activity at the facility which is exempted under [Section 202.B of this 

Part] Subsection B of 20.2.72.202 NMAC; 

 [2.](2) The permittee 

shall apply for an administrative permit revision by filing a certified written notification of the proposed revision with the Department which includes all information required by the Department to review the request. The certification shall be made as required under [Section 203.A.12 of 

this Part] Paragraph 12 of Subsection A of 20.2.72.203 NMAC;  [3.](3) The 

administrative permit revision is effective upon receipt of the notification by the Department.  [4.](4) Administrative 
112 

Current SIP-approved Language 

May 29, 1998 SIP Submittal

April 11, 2002 SIP Submittal

April 11, 2002 SIP Submittal 

AprSub

(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/2

206 of this Part. The Department shall attach the revision to the permit.

 5. Administrative 

permit revisions shall not be subject to filing fees or permit fees under Part 2. 75 –

Construction Permit Fees;

 6. The Department is 

not required to reissue the permit to incorporate an administrative permit revision.

under Sections 203.B and 206 of this Part. The Department shall attach the revision to the permit.  5. Administrative permit revisions shall not be subject to filing fees or permit fees under Part 2. 75 – Construction Permit Fees; 

 6. The Department is not required to reissue the permit to incorporate an administrative permit revision. 

permit revisions shall not be subject to public notification requirements under [Sections 

203.B and 206 of this Part] 

Subsection B of 20.2.72.203 

NMAC and 20.2.72.206 NMAC. The Department shall attach the revision to the permit.  [5.](5) Administrative 

permit revisions shall not be subject to filing fees or permit fees under [Part 2. 75 

– ] 20.2.75 NMAC (Construction Permit Fees); 

 [6.](6) The Department 

is not required to reissue the permit to incorporate an administrative permit revision. 

NOT IN SIP B. Technical Permit 

Revisions

 1. Technical permit 

revision procedures may be used only for:

 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 that such change does not reduce 

B. Technical Permit Revisions  1. Technical permit revision procedures may be used only for:  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 that such change does not reduce 

B. Technical Permit Revisions  [1.](1) Technical 

permit revision procedures may be used only for:  [a.](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 that such change does not 

B. TRev revisused  revischaninvomonor rethe pthe Dthat 
113 

Current SIP-approved Language 

May 29, 1998 SIP Submittal

April 11, 2002 SIP Submittal

April 11, 2002 SIP Submittal 

AprSub

(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/2

the enforceability of the permit;

 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 hours for any pollutant for which a National or New Mexico Ambient Air Quality Standard had been set or one (1) pound per hour for any VOC;

 c. Permit revisions 

that incorporate a change in the permit solely involving the placement of permit conditions, including emissions limitations, on sources which existing on August 31, 1972 and which have been regularly operated since that time; 

 d. Modifications 

that replace an emissions unit for which the allowable emissions limits have been established in the permit, provided that the new emissions unit:

 (1) Is equivalent 

to the replaced emissions unit, and serves the same 

the enforceability of the permit;  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[s] for any pollutant for 

which a National or New Mexico Ambient Air Quality Standard had been set or one (1) pound per hour for any VOC;  c. Permit revisions that incorporate a change in the permit solely involving the placement of permit conditions, including emissions limitations, on sources which existing on August 31, 1972 and which have been regularly operated since that time;  d. Modifications that replace an emissions unit for which the allowable emissions limits have been established in the permit, provided that the new emissions unit:  (1) Is equivalent to the replaced emissions unit, and serves the same 

reduce the enforceability of the permit;  [b.](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 had been set or one (1) pound per hour for any VOC;  [c.](c) Permit 

revisions that incorporate a change in the permit solely involving the placement of permit conditions, including emissions limitations, on sources which existing on August 31, 1972 and which have been regularly operated since that time;  [d.](d)

Modifications that replace an emissions unit for which the allowable emissions limits have been established in the permit, provided that the new emissions unit:  [(1)](i) Is 

equivalent to the replaced 

reduthe p revischaninvoequiemisthan for aNatiAmbStan(1) pVOC revischaninvopermemissourAughave sinc that for wemisestabprovemis to th
114 

Current SIP-approved Language 

May 29, 1998 SIP Submittal

April 11, 2002 SIP Submittal

April 11, 2002 SIP Submittal 

AprSub

(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/2

function within the facility and process;

 (2) Has the same 

or lower capacity and potential emission rates;

 (3) Has the same 

or higher control efficiency, and stack parameters which are at least as effective in the dispersion of air pollutants;

 (4) Would not 

result in an increase of the potential emission rate of any other equipment at the facility;

 (5) 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;

 (6) 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 

 (7) Would not, 

as determined by the Department, require additional permit conditions in order to ensure the 

function within the facility and process;  (2) Has the same or lower capacity and potential emission rates;  (3) Has the same or higher control efficiency, and stack parameters which are at least as effective in the dispersion of air pollutants;  (4) Would not result in an increase of the potential emission rate of any other equipment at the facility;  (5) 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;  (6) 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  (7) Would not, as determined by the Department, require additional permit conditions in order to ensure the 

emissions unit, and serves the same function within the facility and process;  [(2)](ii) Has the 

same or lower capacity and potential emission rates;  [(3)](iii) Has the 

same or higher control efficiency, and stack parameters which are at least as effective in the dispersion of air pollutants;  [(4)](iv) Would 

not result in an increase of the potential emission rate of any other equipment at the facility;  [(5)](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;  [(6)](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  [(7)](vii) Would 

not, as determined by the Department, require 

unit, funcand  or lopote samefficparaas efof ai resupoteothefacil subjallowundeothewhicrepla wheapplcausviolaNew Qua as deDep
115 

Current SIP-approved Language 

May 29, 1998 SIP Submittal

April 11, 2002 SIP Submittal

April 11, 2002 SIP Submittal 

AprSub

(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/2

enforceability of the permit, such as additional record keeping or reporting to show compliance; or

 e. Permit revisions 

that make adjustments to the emissions limitations based on the result of the initial compliance test(s), provided that:

 (1) The test is 

performed in accordance with permit conditions;

 (2) Such 

adjustment occurs within six (6) months of the compliance test;

 (3) No other 

such adjustment has occurred since the most recent permit issuance or reissuance;

 (4) Such 

adjustment does not: alter any other permit condition; trigger additional requirements under any other Part, including Part 74 –

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; 

enforceability of the permit, such as additional record keeping or reporting to show compliance; or  e. Permit revisions that make adjustments to the emissions limitations based on the result of the initial compliance test(s), provided that:  (1) The test is performed in accordance with permit conditions;  (2) Such adjustment occurs within six (6) months of the compliance test;  (3) No other such adjustment has occurred since the most recent permit issuance or reissuance;  (4) Such adjustment does not: alter any other permit condition; trigger additional requirements under any other Part, including Part 74 – 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; 

additional permit conditions in order to ensure the enforceability of the permit, such as additional record keeping or reporting to show compliance; or  [e.](e) Permit 

revisions that make adjustments to the emissions limitations based on the result of the initial compliance test(s), provided that:  [(1)](i) The test 

is performed in accordance with permit conditions;  [(2)](ii) Such 

adjustment occurs within six (6) months of the compliance test;  [(3)](iii) No 

other such adjustment has occurred since the most recent permit issuance or reissuance;  [(4)](iv) Such 

adjustment does not: alter any other permit condition; trigger additional requirements under any other Part, including [Part 74 –] 

20.2.74 NMAC (Prevention 

of Significant Deterioration); 

or result in allowable 

addiin orenfosuch keepcom

 revisadjulimiresucomthat:  perfwith  adju(6) mtest;  such sincissua adjuany triggrequPartNMSignresuwhic
116 

Current SIP-approved Language 

May 29, 1998 SIP Submittal

April 11, 2002 SIP Submittal

April 11, 2002 SIP Submittal 

AprSub

(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/2

 (5) 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 

 (6) Where the 

permit fee calculated under Part 75 – Construction Permit Fees would have been greater if it had been based on the potential emission rate as indicated by the compliance test, the balance of the permit fee is submitted as part of the technical permit revision application;

 2. A request for a 

technical permit revision shall be accomplished by filing a certified written notification of the proposed

revision with the Department 

on forms provided by the Department and shall include all information required by the Department to review the request. The certification shall be made as required under Section 203.A.10 of this Part;

 3. The Department 

 (5) 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  (6) Where the permit fee calculated under Part 75 – Construction Permit Fees would have been greater if it had been based on the potential emission rate as indicated by the compliance test, the balance of the permit fee is submitted as part of the technical permit revision application;  2. A request for a technical permit revision shall be accomplished by filing a certified written notification of the proposed revision with the Department on forms provided by the Department and shall include all information required by the Department to review the request. The certification shall be made as required under Section [203.A.10] 

203.A.12 of this Part; 

 3. The Department 

emissions which could contribute to a violation of any National or New Mexico Ambient Air Quality Standard;  [(5)](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  [(6)](vi) Where 

the permit fee calculated under [Part 75 –] 20.2.75 

NMAC (Construction Permit 

Fees) would have been 

greater if it had been based on the potential emission rate as indicated by the compliance test, the balance of the permit fee is submitted as part of the technical permit revision application;  [2.](2) A request for a 

technical permit revision shall be accomplished by filing a certified written notification of the proposed revision with the Department on forms provided by the Department and shall include all information required by 

violaNew Qua does permemiswhictest(by mperc perm20.2(Conwouhad poteindictest, fee itechappl 

revischaninvopolluor thdiffecontequisuch shal
117 

Current SIP-approved Language 

May 29, 1998 SIP Submittal

April 11, 2002 SIP Submittal

April 11, 2002 SIP Submittal 

AprSub

(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/2

shall approve or deny the technical permit revision, or inform the applicant that the request must be submitted as a significant permit revision:

 a. Within thirty 

(30) days of receipt of the complete application; or

 b. If in response to 

significant public interest the Department holds a public meeting regarding the technical permit revision, within sixty (60) days of receipt of the complete application;

 4. The Department 

may deny an application for a technical permit revision or require that such application be submitted as a significant permit revisions if:

 a. Such revision 

does not meet the criteria of this Section;

 b. In the judgment 

of the Department the revision would require a decision on a significant or complex issue; or 

 c. In the judgment 

of the Department the permittee has submitted multiple or subsequent 

shall approve or deny the technical permit revision, or inform the applicant that the request must be submitted as a significant permit revision:  a. Within thirty (30) days of receipt of the [complete] application; or 

 b. If in response to significant public interest the Department holds a public meeting regarding the technical permit revision, within sixty (60) days of receipt of the [complete]

application;  4. The Department may deny an application for a technical permit revision or require that such application be submitted as a significant permit revisions if:  a. Such revision does not meet the criteria of this Section;  b. In the judgment of the Department the revision would require a decision on a significant or complex issue; or  c. In the judgment of the Department the permittee has submitted multiple or subsequent 

the Department to review the request. The certification shall be made as required under [Section 203.A.12 of 

this Part] Paragraph 12 of Subsection A of 20.2.72.203 NMAC;  [3.](3) The Department 

shall approve or deny the technical permit revision, or inform the applicant that the request must be submitted as a significant permit revision:  [a.](a) Within 

thirty (30) days of receipt of the application; or  [b.](b) If in 

response to significant public interest the Department holds a public meeting regarding the technical permit revision, within sixty (60) days of receipt of the application;  [4.](4) The Department 

may deny an application for a technical permit revision or require that such application be submitted as a significant permit revisions if:  [a.](a) Such 

revision does not meet the criteria of this Section;  [b.](b) In the 

judgment of the Department 

in th

of mper hwhicMexStan(1) pVOC

 

revistermpermhourlimia speprodequipurppoteunit 

 techshalfilinnotifrevison foDepall inthe DrequshalundeSubs
118 

Current SIP-approved Language 

May 29, 1998 SIP Submittal

April 11, 2002 SIP Submittal

April 11, 2002 SIP Submittal 

AprSub

(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/2

applications for technical permit revisions under this Part that segment a larger revision or modification that would not be eligible for technical permit revision;

 5. The technical 

permit revision shall become effective upon written approval from the Department;

 6. Technical permit 

revisions shall not be subject to the public notification requirements under Section 203.B.1, 4, and 5 and 206 of this Part. The Department shall attach the technical permit revision to the permit.

applications for technical permit revisions under this Part that segment a larger revision or modification that would not be eligible for technical permit revision;  5. The technical permit revision shall become effective upon written approval from the Department;  6. Technical permit revisions shall not be subject to the public notification requirements under Section 203.B.1, 4, and 5 and 206 of this Part. The Department shall attach the technical permit revision to the permit.

the revision would require a decision on a significant or complex issue; or  [c.](c) In the 

judgment of the Department the permittee has submitted multiple or subsequent applications for technical permit revisions under this Part that segment a larger revision or modification that would not be eligible for technical permit revision;  [5.](5) The technical 

permit revision shall become effective upon written approval from the Department;  [6.](6) Technical permit revisions shall not be subject to the public notification requirements under [Section 203.B.1, 4, 

and 5 and 206 of this Part] 

Paragraphs 1, 4 and 5 of 

Subsection B of 20.2.72.203 NMAC, and 20.2.72.206 NMAC. The Department shall attach the technical permit revision to the permit. 

NM shaltechinforequa sig (30) appl to sithe Dpubltechwithrece may a tecreqube superm does this  judgthe rdecicom judgthe p
119 

Current SIP-approved Language 

May 29, 1998 SIP Submittal

April 11, 2002 SIP Submittal

April 11, 2002 SIP Submittal 

AprSub

(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/2

multapplpermPart reviswoutech permeffecapprDep revisto threquParaSubsNMNMshalperm

NOT IN SIP C. [RESERVED] No Change No Change No CNOT IN SIP D. Significant Permit 

Revisions

 1. A significant permit 

revision is required for any modification to a source, and for revisions to any term or condition of such permit, including but not limited to emissions limitation, control technology, operating conditions, and monitoring 

No Change D. Significant Permit 

Revisions  [1.](1) A significant 

permit revision is required for any modification to a source, and for revisions to any term or condition of such permit, including but not limited to emissions limitation, control technology, operating 

No C
120 

Current SIP-approved Language 

May 29, 1998 SIP Submittal

April 11, 2002 SIP Submittal

April 11, 2002 SIP Submittal 

AprSub

(Baseline Regulatory Language) (01/07/1998 State Revisions) (01/01/2000 State Revisions) (02/02/2001 State Revisions) (08/2

requirements;

 a. Do not meet the 

criteria under the provisions for administrative or technical permit revisions under Sections 219.A or B; or

 b. Meet the 

applicability criteria under Section 402 of this Part regarding toxic air pollutants.  2. Applications for significant permit revisions shall meet all requirements of this Part for permits and shall be processed in accordance with the public notice, review, and hearing procedures set forth in this Part for such permits.

conditions, and monitoring requirements;  [a.](a) Do not 

meet the criteria under the provisions for administrative or technical permit revisions under [Sections 219.A or B] 

Subsections A or B of 

20.2.72.219 NMAC; or 

 [b.](b) Meet the 

applicability criteria under [Section 402 of this Part] 

20.2.72.402 NMAC

regarding toxic air pollutants.  [2.](2)Applications for 

significant permit revisions shall meet all requirements of this Part for permits and shall be processed in accordance with the public notice, review, and hearing procedures set forth in this Part for such permits. 

 Section 219 contains the provisions related to permit revisions procedures and requirements under Part 72 – C

 Revisions to this section were included in the following SIP submittal(s): May 29, 1998, April 11, 2002, and  The May 29, 1998 revisions include the addition of Section 219, which contains provisions related to Permit 

current SIP-approved Part 72 permit revisions are addressed in Section 202. However, the May 29, 1998 revexisting permit revision provisions in Section 202 to Section 219 and added additional provisions. The new Spermit revisions into three types of permit revisions – Administrative, Technical, and Significant. The provisidentify what types of permit actions would meet each different tier of permit revisions. Section 219 also inc

requirements that apply to each specific permit revisions tier. A more detailed discussion of our review of th
121 

revisions approach established under Section 219 and the differences in the applicable requirements for the tiSection III.E of this TSD. 

 The first set of revisions to Section 219 contained in the April 11, 2002 submittal includes updates to cross re

provisions in Part 72 as a result of revisions to other sections in the Part. This revision also removes some la

did not feel was necessary based on update to other sections contained in Part 72. 

 The second set of revisions to Section 219 contained in the April 11, 2002 submittal includes formatting chan

title, references to other NMAC provisions, and list numbering contained in the section. The formatting chan

Part 72 being reformatted to be consistent with other formatting updates found in the NMAC. 

 The April 25, 2005 revisions to Section 219 include the addition of two permit actions that would qualify as T

revisions and would not have to meet all of the requirements for a Significant permit revision. Both of these 

actions have either very small (<1 lb/hr) increases in potential emissions or no increases in potential emission

 These revisions to add Section 219 do substantively change the New Mexico construction permitting provisio

creating a tiered permit revisions approach for Minor NSR revisions. However, based on our review as discuSection III.E of this TSD, these revisions, as compared with the current New Mexico SIP, do not affect the ab

to meet federal requirements for SIP-approved permitting plans. 

Table C.XXX: Revisions to Section 220 – General Permits

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Subm

(Baseline Regulatory Language) (04/22/1998 State Revisions) (02/02/2001 State Revisions) NOT IN SIP 220. GENERAL PERMITS: [220.] 20.2.72.220 GENENOT IN SIP A. Issuance of General Construction Permits.

 1. The Department may, after notice under 

Section 206.A of this Part and a public hearing with opportunity for public participation under Section 206.B of this Part, issue one or more general construction permits, each covering numerous similar sources. Sources registered for coverage under a general permit shall be generally homogeneous in terms of operations, processes and emissions, subject to the same or substantially similar requirements, and not subject to case-bycase standards or requirements.

 2. Each general construction permit shall:

A. Issuance of General C

 [1.](1) The Departm

under [Section 206.A of th

and B of 20.2.72.206 NM

with opportunity for publi[Section 206.B of this Par

20.2.72.206 NMAC issue 

construction permits, each similar sources. Sources runder a general permit shahomogeneous in terms of and emissions, subject to tsimilar requirements, and 
122 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Subm(Baseline Regulatory Language) (04/22/1998 State Revisions) (02/02/2001 State Revisions) 

 a. Describe which sources may qualify to register under the general construction permit;

 b. Specify the contents of a complete 

application to register under the general construction permit. The Department may, in the general construction permit, provide for applications which deviate from the requirements under Section 203 of this Part (Contents of Application), provided that such applications include:

 (1) All information necessary to 

demonstrate qualification for, and to assure compliance with, the general construction permits; and 

 (2) Applicant’s public notice 

requirements including, at a minimum, a notice:

 (a) Published once in the legal 

notices section of a newspaper in general circulation in the county or counties in which the property on which the facility is proposed to be constructed or operated is located; and

 (b) Posted at the proposed or 

existing facility entrance in a publicly accessible and conspicuous place on the property on which the facility is, or is proposed to be, located, until the general permit registration is granted or denied;

 c. Contain permit terms and conditions 

which apply to all sources registered under the general construction permit, and which include:

 (1) Sufficient terms and conditions to 

assure that all sources registered under and operating in accordance with the general construction permit will meet all applicable requirements under the federal Act, the New Mexico Air Quality Control Act and this Chapter 

case standards or requirem [2.](2) Each genera

shall:  [a.](a) Describe 

qualify to register under thpermit;  [b.](b) Specify t

complete application to reconstruction permit. The general construction permapplications which deviate under [Section 203 of this 

Application)] 20.2.72.203 

such applications include:  [(1)](i) All in

demonstrate qualification compliance with, the geneand  [(2)](ii) App

requirements including, at [(]a) Published once in th

a newspaper in general circounties in which the propfacility is proposed to be clocated; and [(]b) Posted 

existing facility entrance iand conspicuous place on the facility is, or is proposthe general permit registradenied;  [c.](c) Contain 

conditions which apply to under the general construcinclude:  [(1)](i) Suffi
123 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Subm(Baseline Regulatory Language) (04/22/1998 State Revisions) (02/02/2001 State Revisions) 

(Air Quality), including Parts 74 – Prevention of Significant Deterioration, 77 – New Source Performance Standards, 78 – Emission Standards for Hazardous Air Pollutants, 79 – Permits –

Nonattainment Areas, and 82 – Maximum 

Achievable Control Technology Standards for Sources Categories of Hazardous Air Pollutants, and will not cause or contribute to air contaminant levels in excess of any National or New Mexico Ambient Air Quality Standard; and

(2) Monitoring, record keeping and 

reporting requirements appropriate to the source and sufficient to ensure compliance with the general construction permit. At a minimum, the general permit shall specify where the records shall be maintained, how long the records shall be retained and that all records or reports shall be made available upon request by the Department;

 (3) As appropriate, terms and 

conditions to address and report emissions occurring during upsets, startups and maintenance; and

 d. Specify that any document, including 

any application form, report, compliance certification and supporting data, submitted pursuant to this Section (220) shall contain a certification that meets the requirements of Section 203.A.10 of this Part.

conditions to assure that aunder and operating in accconstruction permit will mrequirements under the feMexico Air Quality Contr(Air Quality), including [P

NMAC (Prevention of Sig

[77 –] 20.2.77 NMAC (N

Standards, [78 –] 20.2.78 

Standards for Hazardous A

20.2.79 NMAC (Permits 

and [82 –] 20.2.82 NMAC 

Control Technology StandCategories of Hazardous Anot cause or contribute to excess of any National or Air Quality Standard; and  [(2)](ii) Mon

and reporting requirementsource and sufficient to enthe general construction pthe general permit shall spshall be maintained, how retained and that all recordmade available upon requ [(3)](iii) As a

conditions to address and occurring during upsets, sand  [d.](d) Specify 

including any application certification and supportinpursuant to this [S]section 

NMAC) shall contain a ce

requirements of [Section 2
124 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Subm(Baseline Regulatory Language) (04/22/1998 State Revisions) (02/02/2001 State Revisions) 

Paragraph 10 of SubsectioNMAC.

NOT IN SIP B. Revisions to a General Construction Permits.

 1. The Department may, after notice under 

Section 206.A and a public hearing with opportunity for public participation under Section 206.B, revise a general construction permit. Notice of the proposed revision shall also be sent to the owner or operator of all sources registered under the general construction permit.

 2. Revisions to a general construction permit 

shall include a reasonable transition schedule for existing registered sources to comply with the revised permit. The Department shall revise the general permit terms and conditions only to the extent necessary to ensure that the requirements of Paragraph A.2.c of this Section (220) are met.

B. Revisions to a General 

 [1.](1) The Departm

under [Section 206.A] Sub

20.2.72.206 NMAC and a 

opportunity for public par

206.B] Subsection C 20.2

general construction permproposed revision shall alor operator of all sources rgeneral construction perm [2.](2) Revisions to 

permit shall include a reasschedule for existing regiswith the revised permit. Trevise the general permit tonly to the extent necessarequirements of [Paragrap

(220)] Sub-paragraph (c) Subsection A of 20.2.72.2

NOT IN SIP C. Registration Under a General Construction 

Permit.

 1. The owner or operator of a source 

required to obtain a permit pursuant to this Part and which qualifies to register under a general construction permit shall either:

 a. Apply to the Department to register 

under the terms of the general construction permit; or

 b. Apply for a construction permit under 

Section 200 of this Part.

 2. Within thirty (30) days of receiving an 

application to register under a general construction permit, the Department shall review the 

C. Registration Under a GPermit.:

 [1.](1) The owner o

required to obtain a permiand which qualifies to regconstruction permit shall e [a.](a) Apply to 

register under the terms of permit; or  [b.](b) Apply fo

under [Section 200 of this 

NMAC. 

 [2.](2) Within thirty 

an application to register u
125 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Subm(Baseline Regulatory Language) (04/22/1998 State Revisions) (02/02/2001 State Revisions) 

application for completeness and shall grant or deny the registration. The Department shall not grant the registration until at least fifteen (15) days after the date the applicant’s public notice was initiated. The Department shall notify the applicant of its determination by certified mail. The Department shall attach a copy of the general construction permit to registration approvals.

 3. The Department shall grant registration 

under a general permit to a source only if:

 a. The application is complete and 

meets the requirements of this Section (220); and

 b. The source meets the terms and 

conditions of the general permit. 4. The Department may grant or deny an application to register under a general construction permit without repeating the public notice and participation procedures required under Section 206 of this Part.

 5. Administrative review under § 74-2-7.H 

through L NMSA 1978 shall be available for a determination made by the Department of whether or not a source qualifies to register for coverage under a general construction permit. However, administrative review of a registration for coverage under a general construction permit shall not extend to administrative review of the general permit itself. Administrative review of the general construction permit shall be available under §74-2-7.H through L NMSA 1978 only upon issuance or revision of the general permit as a permitting action.

 6. Sources shall be subject to enforcement 

action for construction without a permit if:

 a. Construction of a source is 

construction permit, the Dthe application for compledeny the registration. The grant the registration until days after the date the appwas initiated. The Departapplicant of its determinatThe Department shall attaconstruction permit to reg [3.](3) The Departm

registration under a generif:  [a.](a) The appl

meets the requirements of 

20.2.72.220 NMAC); and 

 [b.](b) The sou

conditions of the general p [4.](4) The Departm

an application to register uconstruction permit withonotice and participation pr[Section 206 of this Part] 

 [5.](5) Administrati

7.H through L NMSA 197determination made by thor not a source qualifies to under a general constructiadministrative review of a coverage under a general not extend to administrativpermit itself. Administratconstruction permit shall b7.H through L NMSA 197revision of the general peraction. 
126 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Subm(Baseline Regulatory Language) (04/22/1998 State Revisions) (02/02/2001 State Revisions) 

commenced prior to the receipt of the Department’s written approval of registration under a general construction permit; or

 b. It is determined after construction 

commences that a source does not qualify for coverage under the general construction permit.

 7. A general permit registration may be 

canceled, consistent with the provisions of Section 211 of this Part, for any source which ceases operation for five years or more, or permanently, and for any source for which the construction or modification is not commenced within two years from the date of issuance or, if during the construction or modification, work is suspended for a total of one year. The owner or operator shall notify the Department of the anticipated and actual startup of a source, consistent with the provisions of Section 212 of this Part.

 [6.](6) Sources shal

enforcement action for copermit if:  [a.](a) Construc

commenced prior to the reDepartment’s written apprunder a general constructi [b.](b) It is dete

construction commences tqualify for coverage undepermit.  [7.](7) A general pe

canceled, consistent with [Section 211 of this Part] 

any source which ceases omore, or permanently, and which the construction or commenced within two yeissuance or, if during the cmodification, work is suspyear. The owner or operaDepartment of the anticipa source, consistent with t

212 of this Part] 20.2.72.2

NOT IN SIP D. Modifications to Sources Registered Under a 

General Construction Permit.

 Each general construction permit shall 

provide that, prior to modification of a sources which is registered under a general construction permit, the owner or operator shall:

 1. For those modifications for which the 

facility will continue to meet the conditions of the general construction permit after the modification, notify the Department in writing of such modification; and 

D. Modifications to SourGeneral Construction Perm

 Each general constrprovide that, prior to modwhich is registered under permit, the owner or opera [1.](1) For those mo

facility will continue to mgeneral construction permnotify the Department in wmodification; and 
127 

Current SIP-approved Language May 29, 1998 SIP Submittal April 11, 2002 SIP Subm(Baseline Regulatory Language) (04/22/1998 State Revisions) (02/02/2001 State Revisions) 

 2. For those modifications for which the source will not continue to meet the conditions of the general construction permit after such notification, obtain a construction permit from the Department under this Part prior to the modification.

 [2.](2) For those mo

source will not continue to the general construction pnotification, obtain a consDepartment under this Parmodification. 

 Section 220 contains the provisions related to the general permits program under Part 72 – Construction Perm 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 

related to a general permits program. These new provisions address the process of developing general permi

permit requirements, registering sources under general permits, and modifications to sources authorized unde

more detailed discussion of our review of the general permits program established under Section 220 is found this TSD. 

 The April 11, 2002 revisions to Section 220 include formatting changes to the section title, references to othe

and list numbering contained in the section. The formatting changes were a result of Part 72 being reformattewith other formatting updates found in the NMAC. 

 These revisions to add Section 220 do substantively change the New Mexico construction permitting provisio

adding a general construction permitting program that is not part of the current SIP. However, based on our rabove and in Section III.E of this TSD, these revisions, as compared with the current New Mexico SIP, do nothe provisions to meet federal requirements for SIP-approved permitting plans. 

Table C.XXXI: Revisions to Section 300 – Definitions

Current SIP-approved Language November 6, 1998 April 11, 2002 SIP Subm

(Baseline Regulatory Language) (11/14/1998 State Revisions) (02/02/2001 State Revisions) 300. DEFINITIONS: In addition to the definitions in Section 107, the following definitions apply to this Subpart: 

No Change [300.] 20.2.72.300 DEFIN

the definitions in [Section 

the following definitions a

20.2.72.300 NMAC - 20.2

A. "Compressor station" means a facility whose primary function is the extraction of crude oil, 

No Change No Change 
128 

Current SIP-approved Language November 6, 1998 April 11, 2002 SIP Subm(Baseline Regulatory Language) (11/14/1998 State Revisions) (02/02/2001 State Revisions) natural gas, or water from the earth with compressors, or movement of any fluid, including crude oil or natural gas, or products refined from these substances through pipelines or the injection of natural gas or CO2 back into the earth using compressors. A compressor station may include engines to generate power in conjunction with the other functions of extraction, injection or transmission and may contain emergency flares. A compressor station may have auxiliary equipment which emits small quantities of regulated air contaminants, including but not limited to, separators, de-hydration units, heaters, treaters and storage tanks, provided the equipment is located within the same property boundaries as the compressor engine. B. "Good engineering practice stack height" means HGEP = H + 1.5L, where H equals the height of any building or obstruction within 5L of the stack, and L equals the lesser of the height or maximum projected width of the building or obstruction. 

No Change No Change 

C. "Impact area" means the circular area with a radius extending from the source to the most distant point where the total potential emissions from the facility will cause a significant ambient impact (i.e., equal or exceed the applicable significant ambient impact level in Part 72, Section 500, TABLE 1 ). 

No Change C. "Impact area" means t

radius extending from the distant point where the totfrom the facility will causimpact (i.e., equal or excesignificant ambient impac

Section 500, TABLE 1 )] 

D. "Maximum projected width" means the largest crosswind building or obstruction dimension. 

No Change No Change 

E. "Potential to emit" or "potential emissions" means the maximum capacity of a stationary source to emit a regulated air contaminant under its physical and operational design. Any physical 

E. "Potential to emit" or "potential emissions" means the maximum capacity of a stationary source to emit a regulated air contaminant under its physical and operational design. Any physical 

No Change 
129 

Current SIP-approved Language November 6, 1998 April 11, 2002 SIP Subm(Baseline Regulatory Language) (11/14/1998 State Revisions) (02/02/2001 State Revisions) or operational limitation on the capacity of the source to emit a regulated air contaminant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as of its design if the limitations or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. 

or operational limitation on the capacity of the source to emit a regulated air contaminant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if 

the limitations or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. 

F. "Secondary emissions" means emissions of an air contaminant which occur as a result of the construction or operation of a stationary source or modification, but do not come from the stationary source or modification itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the stationary source or modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. 

No Change No Change 

G. "SUM" means the sum of the potential emissions for oxides of nitrogen from all adjacent sources. 

No Change No Change 

H. "SUM15" means the sum of the potential emissions for oxides of nitrogen from all adjacent sources within 15 km of the NO2 impact area. 

No Change No Change 

I. "SUM25" means the sum of the potential emissions for oxides of nitrogen from all adjacent 

No Change No Change 
130 

Current SIP-approved Language November 6, 1998 April 11, 2002 SIP Subm(Baseline Regulatory Language) (11/14/1998 State Revisions) (02/02/2001 State Revisions) sources within 25 km of the NO2 impact area. J. "Sweet natural gas" means natural gas containing no more than 0.25 grains of hydrogen sulfide per 100 standard cubic feet of gas. 

No Change No Change 

 Section 300 provides definitions of various terms used in the previsions related to the permit streamlining pro

categories under Part 72 – Construction Permits. 

 Revisions to this section were included in the following SIP submittal(s): November 6, 1998, and April 11, 2 The November 6, 1998 revisions to Section 300 corrected a typographical error that was made in the previou

the section. 

 The April 11, 2002 revisions to Section 300 include formatting changes to the section title and references to o

provisions contained in the section. The formatting changes were a result of Part 72 being reformatted to be formatting updates found in the NMAC. 

 These revisions to Section 300 do not result in substantive changes to Part 72 as contained in the current New 

Table C.XXXII: Revisions to Section 301 – Applicability

Current SIP-approved Language April 11, 2002 SIP Submittal April 11, 2002 SIP Subm

(Baseline Regulatory Language) (01/01/2000 State Revisions) (02/02/2001 State Revisions) 301. APPLICABILITY: No Change [301.] 20.2.72.301 APPLA. Any owner or operator intending to construct or modify a source which requires a permit under the provisions of Part72, Section 200 may elect to obtain a permit under Part 72, Subpart III if the source category is listed in Section 501, TABLE 2. 

No Change A. Any owner or operato

or modify a source which the provisions of [Part72, 

NMAC may elect to obtai72, Subpart III] 20.2.72.30NMAC if the source categ501, TABLE 2] 20.2.72.5

B. Part 72, Subpart III shall not apply to:  1. Any "major stationary source" as defined in Part 74;  2. Any facility, either before or after construction or modification, with a total potential to emit of any regulated air contaminant greater 

No Change B. [Part 72, Subpart III] 

20.2.72.399 NMAC shall 

 [1.](1) Any "major 

defined in [Part 74] 20.2.7

 [2.](2) Any facility

construction or modificati
131 

Current SIP-approved Language April 11, 2002 SIP Submittal April 11, 2002 SIP Subm(Baseline Regulatory Language) (01/01/2000 State Revisions) (02/02/2001 State Revisions) than 200 tons per year (tpy);  3. Any source subject to the requirements of Part 78 or Part 72, Subpart IV;  4. Any reciprocating internal combustion (IC) engines and/or turbines located at petroleum refineries, chemical manufacturing plants, bulk gasoline terminals, natural gas processing plants, or at any facility containing sources in addition to IC engines and/or turbines for which an air quality permit is required through state or federal air quality regulations;  5. Any source which emits or proposes to emit those contaminants for which the impact area from the facility intersects an area, or for which the area itself is: 1) designated nonattainment for federal ambient air quality standards; or 2) nonattainment for federal PSD increments or state ambient air quality standards according to ambient data or air quality modeling; or 3) shown by air quality data or dispersion or other air quality modeling that air contaminants have consumed more than 80% of state or federal ambient air quality standards or PSD increments for those areas where the baseline has been triggered for the specific PSD increments;  6. Any source with the nearest property boundary located less than:  a. 1 kilometer (km) from a school, residence, office building, or occupied structure.  Buildings and structures within the immediate industrial complex of the source are not included.  b. 3 km from the property boundary of any state park, Class II wilderness area, Class II national wildlife refuge, national historic park, state recreation area, or community with a 

to emit of any regulated athan 200 tons per year (tp [3.](3) Any source 

requirements of [Part 78 

20.2.78 NMAC or 20.2.72

20.2.72.499 NMAC; 

 [4.](4) Any recipro

combustion (IC) engines apetroleum refineries, chemplants, bulk gasoline termprocessing plants, or at ansources in addition to IC efor which an air quality pestate or federal air quality  [5.](5) Any source to emit those contaminantarea from the facility interwhich the area itself is: 1) nonattainment for federal standards; or 2) nonattainmincrements or state ambieaccording to ambient data or 3) shown by air quality other air quality modeling have consumed more than ambient air quality standafor those areas where the btriggered for the specific P [6.](6) Any source boundary located less than [a.](a) 1 kilome

residence, office building,  Buildings and structures windustrial complex of the  [b.](b) 3 km from 
132 

Current SIP-approved Language April 11, 2002 SIP Submittal April 11, 2002 SIP Subm(Baseline Regulatory Language) (01/01/2000 State Revisions) (02/02/2001 State Revisions) population of more than twenty-thousand people.  c. 10 km from the boundary of any community with a population of more than fortythousand people, or  d. 30 km from the boundary of any Class I area;  7. Any source located in Bernalillo County or within 15 km of the Bernalillo County line. 

of any state park, Class II national wildlife refuge, nstate recreation area, or copopulation of more than tw [c.](c) 10 km fro

community with a populathousand people, or  [d.](d) 30 km fro

Class I area;  [7.](7) Any source 

County or within 15 km oline. 

C. The following Sections of Part 72, Subpart II apply to permit applications submitted pursuant to Part 72, Subpart III: Sections 200.A, 200.B, 200.E through 200.H, 202, 204, 205, 206.B, 207.C through 207.F, 208 through 212, 214, and 215.  The remainder of Part 72, Subpart II does not apply to applications submitted pursuant to Subpart III. 

C. The following Sections of Part 72, Subpart II apply to permit applications submitted pursuant to Part 72, Subpart III: Sections 200.A, 200.B, 200.E through 200.H, 202, 204, 205, 206.B, [207.C] 

207.D through [207.F] 207.G, 208 through 212, 

214, and 215. The remainder of Part 72, Subpart II does not apply to applications submitted pursuant to Subpart III. 

C. The following [Sectio

sections and subsections o

20.2.72.299 NMAC apply 

submitted pursuant to [Pa

Sections 200.A, 200.B, 2

204, 205, 206.B, 207.D ththrough 212, 214, and 215

20.2.72.399 NMAC: Sub

through H of 20.2.72.200 NMAC, 20.2.72.204 NMASubsection C of 20.2.72.2D through G of 20.2.72.20NMAC, 20.2.72.209 NMA20.2.72.211 NMAC, 20.220.2.72.214 NMAC and 2

remainder of [Part 72, Sub

NMAC - 20.2.72.299 NM

applications submitted pu

20.2.72.300 NMAC - 20.2

D. Any source, including compressor stations, consisting of IC engines and/or turbines must comply with one of the following three criteria, Section 301.D.1, 301.D.2, 301.D.3, in order to 

No Change D. Any source, including 

consisting of IC engines acomply with one of the fo[Section 301.D.1, 301.D.2
133 

Current SIP-approved Language April 11, 2002 SIP Submittal April 11, 2002 SIP Subm(Baseline Regulatory Language) (01/01/2000 State Revisions) (02/02/2001 State Revisions) qualify for source class permit streamlining under Part 72, Subpart III (In demonstrating compliance with Section 301.D, the Department shall give no credit for modeled reductions in ambient air concentrations due to so much of a source's stack which exceeds good engineering stack height, or fifty (50) feet in situations where there are not obstructions or buildings associated with the source):  1. The total potential to emit of each regulated contaminant from all sources at the facility shall be less than 40 tpy. The potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen; or  2. The total potential to emit of each regulated contaminant from all emission sources at the facility shall be less than 100 tons per year (tpy) and the impact on ambient air from all sources at the facility shall be less than the ambient significance levels in Part 72, Section 500, Table 1. The potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen expressed as nitrogen dioxide; or  3. The maximum modeled ambient impact from the total potential emissions at the facility shall be less than 50 percent of each applicable PSD increment, for those areas where the baseline has been triggered for the specific PSD increments, and state and federal ambient air quality standards; and  a. There shall be no adjacent sources emitting the same regulated air contaminant(s) as the source within 2.5 km of the modeled nitrogen dioxide (NO2) impact area; and  b. The "sum of the potential emissions 

2, or 3 of Subsection D of 

order to qualify for source streamlining under [Part 7

20.2.72.300 NMAC - 20.2

demonstrating compliance 

Subsection D of 20.2.72.3

Department shall give no reductions in ambient air cmuch of a source's stack wengineering stack height, situations where there are buildings associated with  [1.](1) The total po

regulated contaminant frofacility shall be less than 4emit for nitrogen dioxide oxides of nitrogen; or  [2.](2) The total poregulated contaminant frothe facility shall be less th(tpy) and the impact on amsources at the facility shalambient significance level

500] 20.2.72.500 NMAC, 

to emit for nitrogen dioxidoxides of nitrogen expressor  [3.](3) The maximu

impact from the total potefacility shall be less than 5applicable PSD incrementthe baseline has been triggPSD increments, and state quality standards; and  [a](a) There sha
134 

Current SIP-approved Language April 11, 2002 SIP Submittal April 11, 2002 SIP Subm(Baseline Regulatory Language) (01/01/2000 State 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; and  c. The SUM25 within 25 km from the NO2 impact area shall be less than 1540 tpy.  4. Modifications to the auxiliary emission generating equipment at a facility qualifying and electing source class permit streamlining may commence without obtaining a permit for such modification as long as the total potential to emit of all auxiliary equipment remains at or below 1.0 lb/hr for any one regulated air contaminant and as long as the total potential to emit of each regulated air contaminant from the compressor station meets the requirements of Sections 301.D.1 or 301.D.2 or previously qualified under Sections 301.D.3.  The applicant shall provide, in writing, the nature of all changes to the Department no later than 15 days prior to the expected change. 

emitting the same regulatethe source within 2.5 km odioxide (NO2) impact are [b.](b) The "sum 

emissions for oxides of nisources" (SUM) within 15 area (SUM15) shall be les [c.](c) The SUM

the NO2 impact area shall  [4.](4) Modificatio

emission generating equipqualifying and electing sostreamlining may commenpermit for such modificatipotential to emit of all auxremains at or below 1.0 lbair contaminant and as lonemit of each regulated air compressor station meets [Sections 301.D.1 or 301.

Subsection D of 20.2.72.3

qualified under [Sections 

Subsection D of 20.2.72.3

applicant shall provide, in changes to the Departmenprior to the expected chan

 Section 301 addresses applicability for the permit streamlining process for source class categories under Part 

Permits. 

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The first set of revisions to Section 301 contained in the April 11, 2002 submittal includes updates to cross-re

provisions of Part 72 that result from updates to other sections in this Part. 
135 

 The second set of revisions to Section 301 contained in the April 11, 2002 submittal include formatting chang

references to other NMAC provisions, and list numbering. The formatting changes were a result of Part 72 b

be consistent with other formatting updates found in the NMAC. 

 These revisions to Section 301 do not result in substantive changes to Part 72 as contained in the current New 

Table C.XXXIII: Revisions to Section 302 – Contents of Applications

Current SIP-approved Language April 11, 2002 SIP Submittal April 11, 2002 SIP Subm

(Baseline Regulatory Language) (01/01/2000 State Revisions) (02/02/2001 State Revisions) 302. CONTENTS OF APPLICATION: No Change [302.] 20.2.72.302 CONT

APPLICATION: 

A. Any person seeking a permit under Part 72, Subpart III shall do so by filing a written application with the Department. For those applications not qualifying under Section 303.A, the applicant shall also:  1. Provide by certified mail a complete copy of the application and public notice to the Department's field or district office nearest the source; and  2. Provide by certified mail a copy of the public notice to the appropriate federal land manager if the source will locate within 50 km of the boundary of a Class I area. 

No Change A. Any person seeking a 

Subpart III] 20.2.72.300 NNMAC shall do so by filin

with the Department. For qualifying under [Section 

20.2.72.303 NMAC, the a

 [1.](1) Provide by c

copy of the application anDepartment's field or distrsource; and  [2.](2) Provide by cthe public notice to the apmanager if the source will the boundary of a Class I 

B. All applications shall be filed on forms furnished by the Department and shall include:  1. The applicant's name and address, the person to contact regarding the application, and the name and address of the new source or modification;  2. The date of the application;  3. A description of the new facility or modification including all operations effecting air emissions;  4. The anticipated operating schedule;  5. A map such as a 7.5 minute United 

B. The items of this Section, if requested on the 

applicable application form, are required before the Department may deem an application administratively complete. The applicant shall submit the number of copies of the permit application specified in the applicable application form. All applications shall be filed on the forms 

furnished by the Department and shall include:  1. The applicant's name and address, the person to contact regarding the application, and the name and address of the new source or modification; 

B. The items of this [S]se

applicable application formthe Department may deem administratively completesubmit the number of copapplication specified in thform. All applications shafurnished by the Departme [1.](1) The applica

the person to contact regathe name and address of thmodification; 
136 

Current SIP-approved Language April 11, 2002 SIP Submittal April 11, 2002 SIP Subm(Baseline Regulatory Language) (01/01/2000 State Revisions) (02/02/2001 State Revisions) States Geological Survey Topographic Quadrangle showing the location of the stationary source;  6. The Universal Transverse Mercator (UTM) horizontal and vertical coordinate(s) for the facility;  7. A plot plan showing the location of emission units with respect to the plant's property boundaries and the dimensions of any buildings, terrain, or obstructions which may cause emissions to be downwashed;  8. A detailed description of any air pollution control device or method to be utilized, including the basis for the estimated control efficiency;  9. The stack and exhaust gas parameters for all emission points, including calculations and manufacturer's or supplier's data which documents the emission rates and exhaust gas parameters;  10. A comprehensive regulatory compliance review, including all pertinent data and calculations, for each applicable new source performance standard, such as 40 CFR 60, Sub GG - Standards of Performance for Stationary Gas Turbines;  11. Documentation of the manufacturer's or supplier's recommended maintenance schedules and procedures for all air pollution control equipment;  12. A compliance demonstration based on US EPA approved modeling or analysis, including all pertinent calculations and computations, for all applicable requirements of Part 72, Subpart III for any facility electing to obtain a permit under this Subpart;  13. Documentary proof that the 

 [2. The date of the application;] 

 [3]2. A description of the new facility or 

modification including all operations effecting air emissions;  [4]3. The anticipated operating schedule; 

 [5]4. A topographical map, at least as 

detailed[such] as a 7.5 minute United States 

Geological Survey Topographic Quadrangle,

showing the exact location and geographical 

coordinates of the stationary source; 

 [6]5. The Universal Transverse Mercator 

(UTM) horizontal and vertical [coordinate(s)] 

coordinates for the facility; 

 [7]6. A plot plan showing the location of 

emission units with respect to the plant's property boundaries and the dimensions of any buildings, terrain, or obstructions which may cause emissions to be downwashed;  [8]7. A detailed description of any air pollution control device or method to be utilized, including the basis for the estimated control efficiency;  [9]8. The stack and exhaust gas parameters for all emission points, including calculations and manufacturer's or supplier's data which documents the emission rates and exhaust gas parameters;  [10]9. A comprehensive regulatory 

compliance review, including all pertinent data and calculations, for each applicable new source performance standard, such as 40 CFR 60, [Sub] 

Subpart GG - Standards of Performance for Stationary Gas Turbines;  [11]10. Documentation of the 

manufacturer's or supplier's recommended maintenance schedules and procedures for all air 

 [2.](2) A descriptio

modification including all emissions;  [3.](3) The anticipa [4.](4) A topographdetailed as a 7.5 minute USurvey Topographic Quadexact location and geograpstationary source;  [5.](5) The Univers

(UTM) horizontal and verfacility;  [6.](6) A plot plan 

emission units with respecboundaries and the dimenterrain, or obstructions whto be downwashed;  [7.](7) A detailed depollution control device oincluding the basis for the efficiency;  [8.](8) The stack anparameters for all emissiocalculations and manufactwhich documents the emigas parameters;  [9.](9) A comprehencompliance review, includcalculations, for each applperformance standard, sucGG - Standards of PerformTurbines;  [10.](10) Document

manufacturer's or suppliermaintenance schedules an
137 

Current SIP-approved Language April 11, 2002 SIP Submittal April 11, 2002 SIP Subm(Baseline Regulatory Language) (01/01/2000 State Revisions) (02/02/2001 State Revisions) requirements of Part 72, Sections 302.A.1 and 302.A.2 have been satisfied;  14. An application signed under oath or affirmation by the operator, the owner, or an authorized representative, certifying to the best of his or her knowledge the truth of all information submitted; and  15. Any other relevant information as the Department may reasonably require. 

pollution control equipment;  [12]11. A compliance demonstration based 

on US EPA approved modeling or analysis, including all pertinent calculations and computations, for all applicable requirements of Part 72, Subpart III for any facility electing to obtain a permit under this Subpart;  [13]12. Documentary proof that the requirements of Part 72, Sections 302.A.1 and 302.A.2 have been satisfied;  [14]13. [An application signed under oath or 

affirmation by the operator, the owner, or an authorized representative,] The notarized signature under oath or affirmation by the operator, the owner, or an authorized representative, certifying 

to the best of his or her knowledge the truth of all information submitted; [and] 

 14. Payment of any fees which are specified 

in Part 75 – Construction Permit Fees as payable at the time the application is submitted; and

 15. Any other specifically identified relevant 

information as the Department may reasonably require. 

pollution control equipme [11.](11) A complia

on US EPA approved moincluding all pertinent calcomputations, for all appl[Part 72, Subpart III] 20.2

20.2.72.399 NMAC for an

obtain a permit under [thi

NMAC - 20.2.72.399 NM

 [12.](12) Document

requirements of [Part 72, 

302.A.2] Paragraphs 1 and 20.2.72.302 NMAC have 

 [13.](13) The notari

or affirmation by the operauthorized representative, his or her knowledge the tsubmitted;  [14.](14) Payment ospecified in [Part 75 –] 20

(Construction Permit Fees

the application is submitte [15.](15) Any other 

relevant information as threasonably require. 

 Section 302 specifies the required contents for permit applications submitted to obtain a permit under the per

process for source class categories under Part 72 – Construction Permits. 

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002. 

 The first set of revisions to Section 302 contained in the April 11, 2002 submittal include the addition of clari

restructuring of sentences within Paragraph B, which lists the required permit application elements. These rein substantive changes to the provisions contained in this paragraph. Revisions to Paragraph B of Section 30requirements that the permit application be notarized and include the applicable fee payment. 
138 

 The second set of revisions to Section 302 contained in the April 11, 2002 submittal include formatting chang

references to other NMAC provisions, and list numbering. The formatting changes were a result of Part 72 b

be consistent with other formatting updates found in the NMAC. 

 These revisions to Section 302 provide clarification regarding the existing permit application content requirem

requiring additional information to be included in the permit application. These revisions, as compared with 

Mexico SIP, do not affect the ability of the provisions to meet federal requirements for SIP-approved permitt

Table C.XXXIV: Revisions to Section 303 – Public Notice and Participation

Current SIP-approved Language April 11, 2002 SIP Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) 303. PUBLIC NOTICE AND PARTICIPATION: [303.] 20.2.72.303 PUBLIC NOTICE AND PARTICA. Applications qualifying under the following Sections of Subpart III are not subject to Section 303.B and 303.C.2:  1. Section 301.D.1 and 301.D.2. 

A. Applications qualifying under the following [Sec

paragraphs of 20.2.72.300 NMAC - 20.2.72.399 NM

[Section 303.B] Subsection B of 20.2.72.303 NMAC 

2 of Subsection C of 20.2.72.303 NMAC: 

 [1. Section 301.D.1 and 301.D.2] Paragraphs 

of 20.2.72.301 NMAC. 

B. The applicant shall:  1. Publish notice once in a newspaper of general circulation in the area closest to the location of the source. This notice shall appear in either the classified or legal advertisements section of the newspaper. Notice shall be published in accordance with Department guidance documents and must include:  a. The applicant's name and address;  b. The address and phone number of the Department's Air Quality Bureau in Santa Fe, and the address of the field or district office where a copy of 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 of estimated emissions and ambient impact for each regulated contaminant for the entire facility;  e. Where required in Subpart III, the applicant's public notice shall contain the following statement: "Any comments submitted on this permit application should address the relevant requirements of state and federal air quality regulations and the Federal Clean Air Act and the state Air Quality Control Act. The comments shall be submitted to the Department's Air 

B. The applicant shall:  [1.](1) Publish notice once in a newspaper of 

area closest to the location of the source. This notice 

classified or legal advertisements section of the newspublished in accordance with Department guidance dinclude:  [a.](a) The applicant's name and address; 

 [b.](b) The address and phone number of t

Quality Bureau in Santa Fe, and the address of the fiewhere a copy of the application will be sent as requir

302.A] Subsection A of 20.2.72.302 NMAC; 

 [c.](c) The location and a brief description 

 [d.](d) A summary of estimated emissions 

each regulated contaminant for the entire facility;  [e.](e) Where required in [Subpart III] 20.2

20.2.72.399 NMAC, the applicant's public notice sha

statement: "Any comments submitted on this permit address the relevant requirements of state and federal 
139 

Current SIP-approved Language April 11, 2002 SIP Submittal (Baseline Regulatory Language) (02/02/2001 State Revisions) Quality Bureau in Santa Fe within thirty (30) days following the date of publication";  f. Any other information required by the Department; and  2. Post the notice at the proposed or existing facility entrance on the property on which the facility is, or is proposed to be located prior to submittal of the application and remaining posted until the Department takes final action on the permit. 

and the Federal Clean Air Act and the state Air Qualicomments shall be submitted to the Department's Air Fe within thirty (30) days following the date of publi [f.](f) Any other information required by t

 [2.](2) Post the notice at the proposed or exist

the property on which the facility is, or is proposed to submittal of the application and remaining posted unfinal action on the permit. 

C. The Department shall:  1. Make available for public inspection the permit application. Copies of any permit application, except those portions of which may be determined as confidential in accordance with Part 1 - General Provisions, will be supplied upon written request and payment of reasonable costs.  2. Allow all interested persons thirty (30) days from the date of publication of the applicant's public notice in a newspaper of general circulation, to submit written comments or evidence on the application. 

C. The Department shall:  [1.](1) Make available for public inspection th

 Copies of any permit application, except those portiodetermined as confidential in accordance with [Part 1 

(General Provisions), will be supplied upon written r

reasonable costs.  [2.](2) Allow all interested persons thirty (30) 

publication of the applicant's public notice in a newspcirculation, to submit written comments or evidence 

 Section 303 specifies the public notice and participation requirements for both the applicant and NMED for p

the permit streamlining process for source class categories under Part 72 – Construction Permits. 

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The April 11, 2002 revisions to Section 303 include formatting changes to the section title, references to othe

and list numbering. The formatting changes were a result of Part 72 being reformatted to be consistent with oupdates found in the NMAC. 

 These revisions to Section 303 do not result in substantive changes to Part 72 as contained in the current New 

Table C.XXXV: Revisions to Section 304 – Permit Decisions

Current SIP-approved Language April 11, 2002 SIP Submittal April 11, 2002 SIP Subm

(Baseline Regulatory Language) (01/01/2000 State Revisions) (02/02/2001 State Revisions) 304. PERMIT DECISIONS: No Change [304.] 20.2.72.304 PERMA. The Department shall within thirty (30) days after its receipt of an application for a permit or permit revision review such application for 

A. The Department shall within thirty (30) days after its receipt of an application for a permit or permit revision review such application [for 

No Change 
140 

Current SIP-approved Language April 11, 2002 SIP Submittal April 11, 2002 SIP Subm(Baseline Regulatory Language) (01/01/2000 State Revisions) (02/02/2001 State Revisions) completeness. If the application is judged complete, a certified letter to that effect shall be sent to the applicant. If the application is judged incomplete, a certified letter shall be sent to the applicant stating what additional information or points of clarification are necessary to judge the application complete. If the application is judged complete but no permit is required, a certified letter shall be sent to the applicant informing the applicant of the determination. 

completeness] and determine whether it is 

administratively complete. 

 1. If the application is [judged] deemed 

administratively complete, a certified letter to that 

effect shall be sent to the applicant.  2. If the application is [judged] deemed 

administratively incomplete, a certified letter shall 

be sent to the applicant stating what additional information or points of clarification are necessary to [judge] deem the application administratively

complete. Upon receipt of such information, the 

Department shall promptly review such information and determine whether the application is administratively complete.

 3. If the application is [judged] deemed

complete but no permit is required, a certified letter shall be sent to the applicant informing the applicant of the determination. 

B. The Department shall either grant, grant subject to conditions, or deny the permit or permit revision on those applications, as soon as practicable after the Department deems the application complete but not to exceed the times specified below:  1. For applications qualifying under the Section 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 hearing under Part 72, Section 206. 

B. The Department shall either grant, grant subject to conditions, or deny the permit or permit revision [on those applications,] as soon as 

practicable after the Department deems the application administratively complete but not to 

exceed the times specified below:  1. For applications qualifying under the Section 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 hearing under Part 72, Section 206. 

B. The Department shall subject to conditions, or drevision as soon as practicDepartment deems the appcomplete but not to exceebelow:  [1.](1) For applicat

[Section 301.D.1 or 301.D

of Subsection D of 20.2.7

thirty (30) days;  [2.](2) For all other 

sixty (60) days, or ninety hearing under [Part 72, Se

NMAC. 
141 

 Section 304 describes the permit decisions process and timelines for permits issued under the permit streamli

source class categories under Part 72 – Construction Permits. 

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The first set of revisions to Section 304 contained in the April 11, 2002 submittal includes the addition of cla

within the section to specify that submitted permit applications will be reviewed for administrative completenversion of these provisions did not indicate specifically “administrative” completeness. 

 The second set of revisions to Section 304 contained in the April 11, 2002 submittal include formatting chang

references to other NMAC provisions, and list numbering. The formatting changes were a result of Part 72 b

be consistent with other formatting updates found in the NMAC. 

 These revisions to Section 304 do not result in substantive changes to Part 72 as contained in the current New 

Table C.XXXVI: Revisions to Section 305 – General Requirements

Current SIP-approved Language April 11, 2002 SIP Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) 305. GENERAL REQUIREMENTS: All sources permitted pursuant to Part 72, Subpart III shall operate in compliance with the following conditions: 

[305.] 20.2.72.305 GENERAL REQUIREMENTS: 

pursuant to [Part 72, Subpart III] 20.2.72.300 NMAC 

shall operate in compliance with the following condi

A. A copy of the most recent permit issued by the Department shall be made available to Department personnel for inspection upon request. If the permit is not kept at the plant location, a notice at the plant site shall be located in a conspicuous place stating the facility name and ownership, air quality permit number, and the address and phone number of the Department in Santa Fe; 

No Change 

B. The source shall operate in compliance with all applicable state and federal regulations, including federal new source performance standards incorporated by Part 77 and permit conditions; 

B. The source shall operate in compliance with all afederal regulations, including federal new source perincorporated by [Part 77] 20.2.77 NMAC and permit 

C. The owner or operator of the source shall be required to conduct such performance tests as specified by the Department to determine compliance with emission limitations or technology requirements as specified in an applicable regulation or permit condition. Specific schedules and requirements will be listed in Section 306 for each source class and/or in the permit. Performance test requirements may be reimposed on a source as necessary if inspections of the source or other information available to the Department, indicate noncompliance, or the previous test showed noncompliance or was technically unsatisfactory. In such cases, the 

C. The owner or operator of the source shall be requperformance tests as specified by the Department to dwith emission limitations or technology requirements applicable regulation or permit condition. Specific srequirements will be listed in [Section 306] 20.2.72.3

source class and/or in the permit. Performance test rereimposed on a source as necessary if inspections of information available to the Department, indicate nonprevious test showed noncompliance or was technica
142 

Current SIP-approved Language April 11, 2002 SIP Submittal (Baseline Regulatory Language) (02/02/2001 State Revisions) Department may reimpose such tests as frequently as necessary until compliance is achieved and testing is performed in a manner technically satisfactory to the Department. The owner or operator shall:  1. Arrange a pretest meeting with the Department at least two weeks prior to the anticipated test date for all tests;  2. Notify the Department at least thirty (30) days prior to the date and time of performance testing, and provide the Department an opportunity to have an observer present during testing;  3. Conduct performance tests in accordance with methods and procedures specified by the Department. Whenever the requirements of 40 CFR 60 apply, test methods must be utilized as specified in those regulations; 4. Submit a written report to the Department of the results of the test within thirty (30) days from the test date; and 

such cases, the Department may reimpose such tests necessary until compliance is achieved and testing is technically satisfactory to the Department. The owne [1.](1) Arrange a pretest meeting with the Dep

weeks prior to the anticipated test date for all tests;  [2.](2) Notify the Department at least thirty (3and time of performance testing, and provide the Depto have an observer present during testing;  [3.](3) Conduct performance tests in accordan

procedures specified by the Department. Whenever tCFR 60 apply, test methods must be utilized as speci [4.](4) Submit a written report to the Departm

test within thirty (30) days from the test date; and 

D. The owner or operator using a catalytic converter to meet the requirements of Subpart III shall satisfactorily test the reduction efficiency across the catalyst bed and report the results of the test to the Department according to the permit conditions, within ninety (90) days following initial start-up and on a quarterly basis thereafter, unless an alternative testing schedule is specified by the Department. The tests shall be conducted in accordance with the requirements of Part 72, Section 305.C and as required in the permit, except that the requirements of Section 305.C.1 and 2 shall be waived unless the Department specifically requests a pretest meeting or notification of the next test date. 

D. The owner or operator using a catalytic converterequirements of [Subpart III] 20.2.72.300 NMAC - 2

satisfactorily test the reduction efficiency across the cthe results of the test to the Department according to within ninety (90) days following initial start-up and thereafter, unless an alternative testing schedule is spDepartment. The tests shall be conducted in accordarequirements of [Part 72, Section 305.C] Subsection 

and as required in the permit, except that the requirem

305.C.1 and 2] Paragraphs 1 and 2 of Subsection C o

shall be waived unless the Department specifically reor 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 perm

process for source class categories under Part 72 – Construction Permits. 

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The April 11, 2002 revisions to Section 305 include formatting changes to the section title, references to othe

and list numbering. The formatting changes were a result of Part 72 being reformatted to be consistent with oupdates found in the NMAC. 

 These revisions to Section 305 do not result in substantive changes to Part 72 as contained in the current New 
143 

Table C.XXXVII: Revisions to Section 306 – Source Class Requirements

Current SIP-approved Language April 11, 2002 SIP Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) 306. SOURCE CLASS REQUIREMENTS: [306.] 20.2.72.306 SOURCE CLASS REQUIREMEA. In addition to the general conditions of Section 305, each permitted source listed in Table 2 shall also comply with the applicable source class requirements below:  1. Requirements for source class category 1 - reciprocating internal combustion (IC) engines:  a. Gas fuel shall be produced natural gas, sweet natural gas, liquid petroleum gas, or fuel gas. No gas fuel shall contain more than 0.1 grain of total sulfur per dry standard cubic foot. Liquid fuel shall be first run refinery grade diesel or No. 2 fuel oil that is not a blend containing waste oils or solvents and contains less than 0.3% by weight sulfur;  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 ensure the facility is in compliance with Part 72, Subpart III and permit requirements, including emission limits and any applicable pollution control device reduction efficiency requirements for NOx. The Department shall specifically identify in the permit each engine or turbine subject to initial performance testing requirements. Tests shall be conducted in accordance with the requirements of Section 305.C;  c. Any engine which operates with a non-selective catalytic converter shall comply with the following requirements:  (1) Any spark ignited gas-fired or any compression ignited dual fuel-fired engine shall be equipped and operated with an automatic air-fuel ratio (AFR) controller which maintains AFR in the range required to minimize NOx emissions, as recommended by the manufacturer; and  (2) The owner or operator shall make and maintain records to demonstrate that the manufacturer's or supplier's recommended maintenance is performed, including replacement of the oxygen sensor as necessary for oxygen-based AFR controllers, and cleaning, regeneration, and/or replacement of catalyst(s) as necessary to maintain at least the NOx reduction efficiencies across the catalyst bed that are specified in the permit. 

A. In addition to the general conditions of [Section 

NMAC, each permitted source listed in 20.2.72.501 

also comply with the applicable source class requirem [1.](1) Requirements for source class category 

internal combustion (IC) engines:  [a.](a) Gas fuel shall be produced natural g

liquid petroleum gas, or fuel gas. No gas fuel shall cgrain of total sulfur per dry standard cubic foot. Liqurefinery grade diesel or No. 2 fuel oil that is not a bleor solvents and contains less than 0.3% by weight su [b.](b) Within ninety (90) days after initial 

the owner or operator shall conduct NOx and carbon performance tests on one or more engines (turbines) the facility is in compliance with [Part 72, Subpart II

20.2.72.399 NMAC and permit requirements, includi

any applicable pollution control device reduction effiNOx. The Department shall specifically identify in tturbine subject to initial performance testing requiremconducted in accordance with the requirements of [S

C of 20.2.72.305 NMAC; 

 [c.](c) Any engine which operates with a n

converter shall comply with the following requireme [(1)](i) Any spark ignited gas-fired or an

dual fuel-fired engine shall be equipped and operated fuel ratio (AFR) controller which maintains AFR in tminimize NOx emissions, as recommended by the m [(2)](ii) The owner or operator shall ma

to demonstrate that the manufacturer's or supplier's remaintenance is performed, including replacement of necessary for oxygen-based AFR controllers, and cleand/or replacement of catalyst(s) as necessary to maireduction efficiencies across the catalyst bed that are 
144 

Current SIP-approved Language April 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.2 

B. Requirements for source class category 2 - turbin [1. ]The source must comply with [Sections 3

Paragraphs 1 and 2 of Subsection A of 20.2.72.306 N

 Section 306 specifies the specific source class requirements that must be met by a source that obtains a permi

streamlining process for source class categories under Part 72 – Construction Permits. 

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The April 11, 2002 revisions to Section 306 include formatting changes to the section title, references to othe

and list numbering. The formatting changes were a result of Part 72 being reformatted to be consistent with oupdates found in the NMAC. 

 These revisions to Section 306 do not result in substantive changes to Part 72 as contained in the current New 

Table C.XXXVIII: Revisions to Section 500 – Table 1 – Significant Ambient Concentrati

Current SIP-approved Language April 11, 2002 SIP Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) 500. TABLE 1 - SIGNIFICANT AMBIENT CONCENTRATIONS [500.] 20.2.72.500 TABLE 1 - SIGNIFICANT AMB

CONCENTRATIONS 

Pollutant Averaging Time Total 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 Change 
145 

Current SIP-approved Language April 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 oth

72 – Construction Permits. 

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The April 11, 2002 revisions to Section 500 include formatting changes to the section title. The formatting c

of Part 72 being reformatted to be consistent with other formatting updates found in the NMAC. 

 These revisions to Section 500 do not result in substantive changes to Part 72 as contained in the current New 

Table C.XXXIX: Revisions to Section 501 – Table 2 – Permit Streamlining Source Class Cat

Current SIP-approved Language April 11, 2002 SIP Submittal 

(Baseline Regulatory Language) (02/02/2001 State Revisions) 501. TABLE 2 - PERMIT STREAMLINING SOURCE CLASS CATEGORIES 

[501.] 20.2.72.501 TABLE 2 - PERMIT STREAML

CLASS CATEGORIES 

1. Reciprocating internal combustion engines including portable or temporary engines 2. Turbines 

No Change 

 Section 501 lists the source class categories that are eligible to obtain a permit via the permit streamlining for 

categories procedures under Part 72 – Construction Permits. 

 Revisions to this section were included in the following SIP submittal(s): April 11, 2002.  The April 11, 2002 revisions to Section 501 include formatting changes to the section title. The formatting c

of Part 72 being reformatted to be consistent with other formatting updates found in the NMAC. 

 These revisions to Section 501 do not result in substantive changes to Part 72 as contained in the current New 
146 

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

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

provisions as part of the five SIP revision submittals currently under review. The table 

also includes the EPA actions associated with each of the added cross-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 references 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 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. 

20.2.72.219(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) NMAC 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 Hazardous 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 those 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 section 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 resulting in a more stringent Construction Permits 

regulation. These types of revisions 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 summary 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 that 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 submitted by a State under this Act shall 

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

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

interfere with any applicable requirement concerning attainment and reasonable 

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

of this Act. 

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

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

The provisions contained in Part 72 are applicable to all “regulated air pollutants,” which 

includes all pollutants for which 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 PM10

and 1-hour ozone. The only area designated nonattainment for PM10 in New Mexico is 

Anthony, which is located in Dona Ana 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 Norte Airshed has improved over the last 10 years due 

to cooperative efforts between the 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 reviewed are less stringent than the current 

SIP. 

III.E.1 Submitted Revisions to Section 203 – Contents of Permit Applications 

The current New Mexico SIP contains requirements 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 Department. 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, these revisions include substantive changes that 

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

provisions related to the changing, supplementing, or correcting a previously submitted 

permit application. The revisions also include the provision of additional requirements 

tied to the existing Public Service Announcement requirements for permit applicants. 

Because the revisions to the current SIP-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 propose to find Section 203 as meeting applicable 

federal requirements, including 40 CFR 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 revision issuance by the Department, and 

petition for hearing and appeal procedural requirements for applicants adversely affected 

by a permit decision by the Department. Clarifying 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-substantive changes. These changes are detailed in the Sectionby-Section review. The May 29, 1998 SIP revision also added language to change the 

applicability of Section 207 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 permit 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, specify numbers of days within which the 

Department shall either grant, grant subject 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 the PSD requirements of Part 74, the April 11, 

2002 SIP revision reduced the time for the Department’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 year 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 still complies with federal requirements to act 

on such a permit within one year after the date 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 preconstruction 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 review of NNSR permit applications for over 10 

years. NMED provided supplemental information 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 designated attainment for all pollutants, with the 

exception of PM10 and 1-hour ozone. The only area designated nonattainment for PM10 in 

New Mexico is Anthony and the only area designated nonattainment for the 1-hour ozone 

NAAQS is Sunland Park, which are both located 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 requirement 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, and 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, and 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 federal 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 contains 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 were made throughout Part 72 and the NMAC. 

New Mexico also proposed changes to this section 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 potentially 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 contained 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 preconstruction 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 Mexico adopted these new requirements 

concurrently with revisions adopted in other 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. The 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 proposed revisions to Section 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 Section, 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 provisions of Part 72 do not contain 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 contain 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 submitted for approval into the New Mexico SIP by 

EPA. As a result, if Section 220 is approved 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 become part of the SIP, and therefore, are 

federally enforceable on the basis that they meet the SIP-approved requirements of the 

general construction permits program in Section 220. The provisions contained in Section 

220 address the issuance and revisions of general construction permits, registration of 

sources under a general construction permit, and modifications to sources that are 

registered under a general construction permit. 

Paragraph A of Section 220 includes the requirements 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 general 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 NMED to determine whether construction or 

modification will result in a violation of a control strategy or interfere with attainment or 

maintenance of a national standard in New Mexico or a surrounding state. As required 

in 20.2.72.220(A)(2) NMAC, a general construction permit developed by NMED must 

describe the sources that qualify to register under the general 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 SIP revision submittal be enforceable. In 

particular, 40 CFR 51.160(a) requires that the SIP revision be enforceable in order to 

ensure that the issuance of the Minor NSR 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 and Compliance Monitoring, entitled ‘‘Review 

of State Implementation Plans and Revisions for Enforceability and Legal Sufficiency’’ 

provides EPA’s guidance for assessing whether a SIP revision submittal is sufficiently 

enforceable. We find that the new general construction permitting program meets the 

requirements of section 40 CFR 51.160(a), which 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 records or reports shall be made available upon 

request by the Department. The general permit also must contain sufficient terms and 

conditions to ensure that all sources operating under a general permit will meet all 

applicable requirements under the Federal Clean 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 excess of any National or New Mexico Ambient 

Air Quality Standard. For these reasons, EPA finds that the submitted general 

construction permitting program will ensure attainment 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 sources, that it is appropriate 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 Division, 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 Federally-Enforceable Emission Limits,’’ dated 

November 3, 1993. EPA also issued a guidance 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 entitled, ‘‘Potential to Emit (PTE) 

Guidance for Specific Source Categories’’ (hereinafter the 1998 memoranda). It provides 

technical information useful in devising practicable enforceable potential to emit for 

small sources and identifies sources that are ‘‘true minors.’’ Although not an 

exclusionary rule, the practicable enforceability criteria in the guidance memoranda serve 

as a way to measure whether the submitted general construction permitting program is 

practicably enforceable and therefore can ensure that issuance of the Minor general NSR 

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 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 Section 220 and further clarification provided by 

NMED, a general permit could not be developed for use by a Major NSR source.7

 The 

state’s implementation of the general permitting program since 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 general 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 requirements that the permit contain sufficient terms 

and conditions, along with sufficient monitoring, 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 applicability 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 construction permit must undergo the same public notice as that 

required for case-by-case permits in Section 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 permit. 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 procedures 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 identification 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 previously 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 notice is to notify the 

public that the specific source is requesting authorization under a general construction 

permit issued by NMED. The source cannot initiate construction under a general 

construction permit until they have received written notification of NMED’s approval of 

their registration. Like case-by-case permits, general construction permits are subject to 
155 

the cancellation procedures contained in Section 211 if construction is not commenced 

within a certain period of time or if the source ceases operation for a specified extended 

length of time. Modification of sources registered under a general permit is allowed after 

the source has notified NMED of the proposed modification. However, if post 

medication the source can no longer meet the requirements contained in the general 

construction permit, including if the proposed modifications result in the source 

becoming a major NSR source, the source must obtain a case-by-case permit and meet 

the applicable requirements of that construction permitting process. The provisions in 

Paragraph C establish procedures for sources to seek authorization under a general 

permit, notify the public of the proposed authorization, as well as, to establish procedures 

for NMED’s review of general permit registrations. 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 permitting approach to the construction permitting 

program, these revisions must also be evaluated 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 the following section of this TSD. 

(a) 110(l) Analysis for Section 220 

The provisions in Section 220 establish a general preconstruction permitting program that 

allows NMED to develop and issue general permits. Minor NSR sources may seek 

authorization under these general 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 construction permit issued under Section 220 must contain terms 

and conditions that assure that sources authorized 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 would be included in a case-by-case permit 

issued for that same source. 

Section 220 also identifies procedures for existing general construction permits to be 

modified by NMED. This modification procedure allows NMED to update the general 

permit conditions if they determine that more stringent conditions are necessary or to 

account for new state or federal requirements. Under the general preconstruction 

permitting program established in Section 220, each source registration 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 registration. The public notice provisions require 

the source to notify the public that the source is seeking authorization under a general 

construction permit. NMED has been utilizing the general preconstruction permitting 

program based on the provisions in Section 220 since the state adoption of those 

provisions in 1998 without any indication that the implementation of this Minor NSR 

program has interfered with attainment 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 submittals related to Section 220, which are under 

review in this action, demonstrates compliance with Section 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 for PSD permit applications are at 40 CFR 

51.160, 51.161, and 51.166(q). Federal public participation 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 SIP-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 notice procedures so that it becomes a 

two-step process, whereas the current SIP public notice procedure is a one-step process. 

Under the submitted Section 206 revised provisions, NMED publishes in a newspaper of 

general circulation in the area closest to the location of the source public notice of the 

permit application. The published newspaper notice is required to contain the following 

information: the applicant's name and address, 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 modification 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 Department’s preliminary determination. 

If NMED does not receive any written expressions 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 application during the 30-day public notice period, 

NMED shall notify these interested persons of the date and location that the 
157 

Department’s Analysis was or will be available. 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 after the Department’s 

Analysis is available for review. As clarified in the Secretary’s November 7, 2012 letter, 

the second 30-day period is triggered for 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, adding language directing 

public notices be sent if requested 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 that all public notices are received by EPA 

pursuant to 40 CFR 51.161(d), Region 6 has formally requested copies of each public 

notice be provided to EPA.10 Therefore, NMED will provide 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 requirements, is equivalent to the federal public 

participation minimum public comment period 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 believe that this is a minimal burden placed 

on the public to express written interest on the permit application in order to have the 

opportunity to comment on the Department’s Analysis. This additional requirement does 

not undermine federal public participation requirements. 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 ability 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 notices 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 provisions 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 permit 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 different tiers of revisions: Administrative, Technical, and 

Significant. The new Section 219 that was added in the May 29, 1998 SIP submittal was 

subsequently revised in the April 11, 2002 and April 25, 2005 SIP submittals. The tiered 

permit revision process established in the May 29, 1998 SIP revision submittal was 

developed by New Mexico through a permitting Task Force that consisted of NMED 

staff and members of the public, including representatives from industry and 

environmental groups. The Task Force identified types of Minor NSR permit revisions 

that should qualify for streamlined permitting based on their anticipated negligible or 

insignificant environmental impacts and established the proposed tiered permit revisions 

process for Minor NSR permit revisions. 

Section 219 includes descriptions of what kinds of permit actions would qualify for each 

permit revision type. The section also contains the applicable permitting requirements 

for the different permit revision tiers. As specified in the provisions of Section 219, each 

permit revision type has specific review and permit issuance procedures, applicable fees, 

and public notice requirements that differ between the different tiers, as described below: 

 Administrative permit revisions require a certified written notification of the 

revision be submitted by the applicant to NMED. These revisions become 

effective upon receipt of the 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 subject to the public notice requirements 

contained in either Section 203 or Section 206. 

 Technical permit revisions require a certified 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 application to approve or deny 

the permit revisions or inform the applicant 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 the Department holds a public meeting in 

response to significant public interest regarding the permit revision. 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. 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 distances 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 conspicuous places (facility entrance and 3 

locations frequented by the general public, 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 available via public notice in a newspaper. 

 

The applicant is still required to provide certified mail notices of the proposed 

Technical permit revision to nearby municipalities, Indian tribes and counties. 

Applicants are also required to publish a newspaper notice regarding the proposed 

permit revision. 

 Significant permit revisions require the same public notice, review, 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 are at 40 CFR 51.160 and 

161. These requirements establish the minimum requirements for approvability of a 

state’s Minor NSR SIP, which a state develops to prevent construction and modification 

of stationary sources from interfering with an area’s ability to achieve compliance with a 

NAAQS. 

These requirements generally require 30-day public 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 air quality concerns of each jurisdiction, and 

therefore will vary from state to state. 

New Mexico’s submitted rules create tiered, public notice requirements for the three 

types of permit revisions. New Mexico justified 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 regulations, 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 notice 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 notice requirements. Meanwhile, the submitted 

Technical permit revisions require that the applicant conduct a reduced public notice, as 

compared with the full notice required for new Minor NSR permits and Significant 

permit revisions. EPA recognizes a State’s ability to tailor the scope of its Minor NSR 

program as necessary to achieve and maintain 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 thus 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 are not environmentally significant. 

EPA’s evaluation of the environmental significance of each permit revision tier and its 

associated public participation requirements established 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 provisions of Section 219, identifies the public notice 

requirements for those actions under the current SIP, and provides a summary of our 

evaluation of each action’s environmental significance. 

 

Table E.I: Administrative and Technical 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 

potential emission rates; 

(iii) Has the same or 

higher control 

efficiency, and stack 

parameters which are at 

least as effective in the 

dispersion of air 

pollutants; 

(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. 
166 

The 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 updated 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 added two additional permit 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 revisions that are limited to those actions that 

are listed below that do not have any associated increases in permitted emissions, and a 

permittee may obtain such a revision for an existing source without undergoing 

preconstruction permitting requirements under Part 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 are considered to be 

administrative changes: 

 Correction of typographical errors, 

 Change in administrative information (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 deletion of a proposed source(s) that was not 

constructed or will not be built, or 

 Incorporation of Section 202 Paragraph 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 require 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 permit revision. The revised SIP rule is more 

stringent than the current SIP with respect to requiring certified written notification of the 

Administrative revision to be submitted by the applicant to NMED. 

 

13 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. 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, Administrative permit revisions are exempt from all 

Minor NSR public participation 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 that 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 justification 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 revisions in the proposed SIP revisions that 

include the following changes to a permit: 

 Incorporate changes to monitoring, recordkeeping, or reporting 

requirements that do not reduce the enforceability of the permit, 

 Incorporate the addition of permit conditions on sources that existed on 

August 31, 1972, and have been operated 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 the permit for the purpose of reducing 

the potential emission rate of a unit or source (e.g., cap on hours or 

throughputs), 

 Incorporate addition of new equipment with potential emission rate no 

more than 1 pound per hour (4.38 tons 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 requirements listed in 20.2.72.219(B)(1)(e) 

NMAC, and 

 Incorporate the addition of, or substitution of, a different type of air 

pollution control equipment with an increase in potential emission rate no 

more than 1 pound per hour (4.38 tons per year, assuming continuous 

operation for 8,760 hours per year) for any NAAQS pollutant or total 

VOCs. 

The Technical permit revisions established under the proposed New Mexico SIP 

revisions are not required to meet the full public participation requirements under Part 

72.14 Under the new submitted Section 219, Technical permit revisions, like new permit 

applications and Significant permit revision applications, the applicant still is required to 

publish a newspaper notice of general circulation in each county in which the source is 

proposing to construct or modify. 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, together 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 facility 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 certified mail notices of the proposed 

Technical permit revision to nearby municipalities, Indian tribes, and counties.15 Public 

participation requirements for Technical permit revisions also allow for NMED to hold a 

public meeting in response to significant public interest in the proposed permit revision. 

What is no longer required is that the applicant (1) provide certified mail notices to 

owners of all properties within specified distances; (2) post signs of the notice in four 

publicly accessible places; or (3) submit a public 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 includes its preliminary intent to issue the 

permit if the construction or modification requested in the application will comply with 

air quality requirements, including ambient standards. 

The applicant is required to file a certified written notification of the proposed Technical 

revision to NMED. NMED has 30 days after the 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 public 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 scope of New Mexico’s revised rules, the 

thresholds do not affect any part of the 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 located 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 emissions that could contribute to an exceedance 

of the NAAQS. 

New Mexico determined that revisions allowed under the Technical permit revisions 

provisions were limited to permit revisions that either have no associated 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 Technical 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 justification to show 

that these four types of Technical permit revisions provisions 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 permit revisions that are expected to be 

environmentally insignificant, either because 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 revisions are limited to permit actions that 

have associated increases in permitted emission rates less than 1 pound per hour, 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. 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 result 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 NAAQS. The provisions in Section 

219 result in the scope of permit revisions that 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 Technical 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 exclusion of these remaining three types of Technical permit 

revisions provisions from the full public participation requirements are environmentally 

insignificant and therefore satisfy the provisions of 40 CFR 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 establish a tiered permit 

revisions approach for Minor NSR modifications result in a reduction of public notice 

requirement for a portion of the modifications listed as Technical permit revisions. 

Similar to the Administrative permit revisions, most of the permit actions that qualify as 

Technical permit revisions do not have associated 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 applicant provide notice via 

certified mail to specific persons and via a published newspaper notice. This public notice 

is reduced compared to the public notice required for Significant permit revisions, but is 

more stringent than the current SIP requirements for revisions with no associated 

increases in permitted emissions, which include a requirement for public notice only for 

those permit revisions that include an increase 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 Technical 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 limits. 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 action that ensure that the revision will not 

contribute to a NAAQS violation. For example, the applicant must demonstrate that the 

increase in permit emissions limits being proposed as a result of stack testing will not 

result in a new allowable emission limit in the permit that would contribute to a violation 

of the NAAQS. 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. Since Technical permit revisions have a required public notice component, the 

public will be notified of the proposed revision and will have the opportunity to request a 

public meeting if they have significant questions or concerns regarding 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 with the Section 219 provisions. NMED’s 

implementation of the tiered permit revision program, which allows for reduced public 

notice for Administrative and Technical revisions, 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 Technical permit revisions issued in 

the last three calendar years (2009 – 2011) shows that the total annual increases in 

permitted emissions is less than 7 tons per year 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 permit revisions issued during a given calendar 

year. This historical look back of the New Mexico preconstruction permitting program is 

consistent with our expectation that the tiered permit revision program and associated 

tiered public notice requirements will not have adverse impacts 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 applicable 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 participation, 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 are not environmentally significant. Our 

evaluation of the SIP revision submittals related to Section 219, which are under review 

in this action, demonstrates compliance with 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 those modifications made at a stationary source that either 

prior to or following the modification would result in a facility-wide potential emission 

rate for any regulated air contaminant greater than 10 pounds per hour or 25 tons per 

year, given that the modification does not qualify as a Paragraph A, B, or C exemption 

under Section 202 or an Administrative 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 associated 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 program, including a Minor NSR permitting 

program, must have procedures in place that identify the “types and sizes of facilities, 

buildings, structures, or installations which will be subject to review.” As part of the 

current SIP-approved Part 72 regulations, all stationary 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 any regulated air contaminant for which there 

is a National or New Mexico Ambient Air Quality Standard; 2) Any person modifying a 

stationary source when all of the pollutant emitting activities at the entire facility, either 

prior to or following the modification, emit a regulated air contaminant for which there is 

a National or New Mexico Ambient Air Quality 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 ; and 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 prior 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 source 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-approved 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 emission source or activity based exemptions. The 

provisions contained in these new Paragraphs include a listing of the specific types and 

sizes, where applicable, of sources and activities that would be exempt from all or a 

portion of the preconstruction permitting requirements. Therefore, the sources and 

activities included in Paragraphs 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 activities listed in each Paragraph and the permitting 

requirements they are exempted from in further 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 Paragraph 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 reasonable further progress or any other applicable 

requirement of the Act pursuant to Section 110(l). 

(a) Paragraph A Exemptions 

Paragraph A includes a list of exempted emission sources and activities EPA has 

historically approved into state 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 maintenance of grounds or buildings, including: 

lawn care, pest control, grinding, cutting, welding, painting, woodworking, 

sweeping, general repairs, janitorial activities, and building roofing operations; 

2. Activities for maintenance of equipment or pollution control equipment, either 

inside or outside of a building, including cutting, welding, 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 requirements under this 

Chapter (Air Quality), NSPS or NESHAP; 

4. Use of fire fighting equipment and fire fighting training; 

5. Government military activities 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 underground storage tank and waste disposal 

sites; 

8. Non-anthropogenic wind blown dust; 

9. Residential activities such as use of fireplaces, woodstoves, and barbecue cookers; 

10. Gases used to calibrate plant instrumentation, including continuous emission 

monitoring (CEM) systems; 

11. Food service, such as cafeteria activities; 

12. Automotive repair shop activities, except painting and use of solvents; 

13. Use of portable aerospace ground equipment (such as power generators, 

compressors, heaters, air conditioners, lighting units) in direct support of aircraft 

operations and on or in the immediate vicinity of an airfield; 

14. Activities which occur strictly for preventive 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 air 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 activities are not required to be reported on a 

Minor NSR construction permit application and can be commenced or changed without 

obtaining a Minor NSR permit or Minor NSR permit revision. In addition, the emissions 

from these sources and activities are not required 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 indicated that impacts are expected to be non-existent, 

negligible/insignificant, or less than emissions 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 addition, 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. Specifically, the implementation of the Paragraph 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 current number of active 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 percent (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 Section 202 into the New Mexico SIP.

 

21 Supporting documentation contained in May 29, 1998 SIP 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 active 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 addition 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 and activities are exempted from the Minor 

NSR permitting requirements. However, facilities are required to include a listing of all 

Paragraph B exempt sources in their permit application. This inclusion 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 notification, verify that the source qualifies for 

the permit exemption. For cases where a Paragraph 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 permit. This revision request also serves as a 

notification that a Paragraph B source is located at a facility and provides NMED an 

opportunity to verify that the source qualifies for the claimed exemption. Administrative 

revisions are subject to the revised requirements 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 emission sources, which serve to minimize the 

potential impacts from these sources and activities on ambient air quality. The following 

is a listing of the Paragraph B exemptions, 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 water for personal use and which: 

a. Uses gaseous fuel and has a design rate less than or equal to five (5) 

million BTU per hour; or 

b. Uses distillate oil (not including waste oil) and has 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 compound is stored and handled; and 

b. The owner or operator maintains sufficient 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 that 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 combined 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 VOCs 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 sufficient 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 ambient air quality for the sources contained in 

Paragraph B of Section 202. Emissions estimates 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 information 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 commercial 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, the facility must maintain records 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 than 5.5 tons per year. The provisions under 

Section 202 also include similar 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 applicants report the presence of the Paragraph B exempted 

sources on permit applications so that the Department 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 therefore generally is not considered construction or 

modification by EPA, requiring a minor NSR permit. 
177 

In addition to the emissions estimates information 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 permit exemptions in 1998 without any indication 

that these permit exemptions have interfered with attainment or reasonable further 

progress. As previously stated, NMED has reviewed the currently active emission 

sources contained in the state’s permitting database to determine the number of 

documented sources that qualify for exemptions under Section 202. NMED has 

determined that Section 202 exempted sources, including Paragraph B sources, account 

for less than 10 percent of the total number of currently active emission 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 requires sources that are subject to the 

applicable requirements of NSPS, NESHAP, 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 source’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, NESHAP, 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 Control Regulation which contains emission 

limitations for any regulated air contaminant are subject to the Minor NSR permitting 

requirements in Part 72 regardless of whether their potential to emit is less than the 25 

tons per year or 10 lb per hour permitting threshold in 200.2.72.200(A)(1) NMAC. The 

 

25 The applicability test requiring the source to obtain 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 exemption thus is less stringent than the 

requirements of the currently approved SIP, and must be evaluated to determine whether 

it would cause interference with attainment or reasonable further progress. 

NMED indicated in testimony before the state 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 NSPS, NESHAP, or other regulated sources. 

NMED indicated in hearing testimony that it is unnecessary for such a source, as long as 

its potential to emit is under the 25 tons per 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 NESHAP 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 indicating 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, these sources are only exempted from the 

Minor NSR permitting requirements in Part 72 and are still required to meet all other 

applicable requirements, including emissions limitations, testing, recordkeeping, and 

reporting requirements. Additionally, this exemption only applies to the 

20.2.72.200(A)(3) NMAC applicability test, and the source must evaluate the permitting 

applicability requirements found in Sub-paragraphs (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 potential 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 Minor 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 with 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 Section 202, but were moved to Paragraph B 

based on the additions of the source specific exemptions in the previous paragraphs. As 

part of the May 29, 1998 SIP revisions, clarifying language was added to provisions in 

Paragraph D regarding the requirements applicants 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 source 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 requirements for portable source relocation to 

meet and qualify for an exemption from preconstruction permitting. 

(h) Additional 110(l) Analysis – Historical Look Back

In addition to the referenced supporting 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 many 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 current 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 current active emission source database included 

additional emission units that may have qualified for a permit exemption under Section 

202 and are not listed specifically as “Exempt.” NMED estimates that the total number 

of emission sources that may have qualified 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 under 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 permitting 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 Section 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 other applicable state 

and federal requirements, including major NSR permitting requirements, NSPS, 

NESHAPS or MACT requirements, and state toxics permitting requirements, if 

applicable. The source would also have to comply with any control requirements 

developed as part of a SIP control strategy, like the control requirements applicable to the 

PM10 nonattainment area in Anthony. Our evaluation 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 preceding 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 revisions to Part 72 submitted on May 29, 1998, 

which amend 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 add two additional new sections 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 CAA and 40 CFR Part 51. The analysis 

found that the proposed revisions to Part 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 consistent 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 CAA and 40 CFR Part 51. The analysis 

found that the proposed revisions to Part 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 approval of these SIP revisions that were 

submitted by New Mexico in accordance with section 110 of the Act.