1

TECHNICAL SUPPORT DOCUMENT 

October 9, 2012 

Revisions to 20.2.74 NMAC submitted May 23, 2011 

Revisions to 20.2.79 NMAC submitted June 11, 2009 and May 23, 2011 

No material in this submittal package was designated as Confidential Business Information. 

FOR FURTHER INFORMATION CONTACT: 

Adina Wiley United States Environmental Protection Agency Region 6, Air Permits Section 

(6PD-R), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, (214) 665-2115. 
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Subject: Review of Revisions to the New Mexico State Implementation Plan for 

Prevention of Significant Deterioration and Nonattainment New Source 

Review Permitting 

Contents: 

I. Executive Summary 

II. Background of State Submittals 

III. Technical Review of State Submittals 

IV. Conclusions 

 
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I. Executive Summary 

What actions are evaluated in this Technical Support Document? 

This technical support document (TSD) reviews portions of two proposed revisions to the New 

Mexico State Implementation Plan (SIP) concerning the Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source Review (NNSR) Permitting programs for New Mexico. 

The PSD permitting program applies statewide for areas that are attainment or unclassifiable for 

pollutants regulated by the Clean Air Act (CAA). The NNSR permitting program will be used in 

areas designated as nonattainment under the CAA. Dona Ana County is the only nonattainment 

area in New Mexico; currently designated as moderate nonattainment for PM10.

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This review will determine if the program revisions submitted on June 11, 2009, and May 23, 

2011 (as discussed below), are consistent with the requirements of the Clean Air Act and EPA’s 

policy and guidance. 

June 11, 2009

In a letter dated June 11, 2009, Governor Richardson submitted revisions to the New Mexico SIP 

that were adopted by the New Mexico Environmental Improvement Board (NM EIB) on July 31, 

2009, and became effective on August 31, 2009. This SIP submittal included revisions to the 

following Parts of the New Mexico Air Code (NMAC): 

1. Revisions to the General Definitions at 20.2.2 NMAC, 

2. Revisions to the New Mexico PSD Permitting Program at 20.2.74 NMAC, and 

3. Revisions to the New Mexico NNSR Permitting Program at 20.2.79 NMAC. 

Note that EPA SIP-approved the June 11, 2009 revisions to the PSD program at 20.2.74 NMAC 

on November 26, 2010 (75 FR 72688), effective December 27, 2010. The rulemaking docket for 

this action is EPA-R06-OAR-2009-0656. EPA has taken no action to date on the June 11, 2009 

submitted revisions to 20.2.2 NMAC or 20.2.79 NMAC. 

May 23, 2011

In a letter dated May 23, 2011, Governor Martinez submitted revisions to the New Mexico SIP 

that were adopted by the NM EIB on May 3, 2011, and became effective on June 3, 2011. This 

SIP submittal included revisions to the following Parts of the New Mexico Air Code: 

1. Revisions to the New Mexico PSD Permitting Program at 20.2.74 NMAC, and 

2. Revisions to the New Mexico NNSR Permitting Program at 20.2.79 NMAC. 

What actions are not included in EPA’s current analysis? 

This review will not cover the revisions to the General Definitions for the New Mexico SIP at 

20.2.2 NMAC, submitted on June 11, 2009. These provisions are severable from our review of 

the PSD and NNSR program submittals because each permitting program contains program-

                                                           

1 Dona Ana County, New Mexico is designated as a moderate PM10 nonattainment area. The nonattainment area is 

the area bounded by Anthony Quadrangle, Anthony, New Mexico - Texas. SE/4 La Mesa 15' Quadrangle, N3200 - 

W10630/7.5, Township 26S, Range 3E, Sections 35 and 36 as limited by the New Mexico - Texas State line on the 

south.
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specific definitions used in place of the General Definitions. The program-specific definitions for 

the PSD and NNSR programs are SIP-approved at 20.2.74.7 and 20.2.79.7 NMAC, respectively. 
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II. Background of State Submittals 

What previous actions has EPA taken on the New Mexico PSD Program? 

EPA’s most recent approval to the New Mexico PSD program was on July 20, 2011, where we 

updated our approval of the NM PSD program to include the revisions adopted by the State on 

January 1, 2011, for the permitting of greenhouse gas emissions consistent with EPA’s 

Greenhouse Gas Tailoring Rule. See 76 FR 43149. Since that time, the State of New Mexico has 

adopted and submitted one revision to the PSD program on May 23, 2011, affecting the 

following sections: 

 20.2.74.7 NMAC – Definitions, 

 20.2.74.300 NMAC – Obligations of Owners or Operators of Sources, 

 20.2.74.303 NMAC – Ambient Impact Requirements, 

 20.2.74.306 NMAC– Monitoring Requirements, 

 20.2.74.403 NMAC – Additional Requirements for Sources Impacting Class I Federal 

Areas, 

 20.2.74.502 NMAC – Significant Emission Rates, 

 20.2.74.503 NMAC – Significant Monitoring Concentrations, 

 20.2.74.504 NMAC – Allowable PSD Increment and 

 20.2.74.505 NMAC – Maximum Allowable Increases for Class I Waivers. 

These revisions have been submitted to adopt and implement the requirements for PM2.5 PSD 

permitting in accordance with EPA’s May 16, 2008 and October 20, 2010 final PM2.5

PSD/NNSR permitting implementation rules and the December 21, 2007 Reasonable Possibility 

in Recordkeeping Rules. 

What previous actions has EPA taken on the New Mexico NNSR Program? 

EPA’s most recent approval of the New Mexico NNSR program was on September 5, 2007, 

where we updated our approval of the NM NNSR program to include the revisions to address 

NSR Reform as adopted by the NM EIB on December 6, 2005. See 72 FR 50879. Since that 

time, the State of New Mexico has adopted and submitted revisions on June 11, 2009, and May 

23, 2011 to the NNSR program, affecting the following sections: 

 20.2.79.7 NMAC – Definitions (both June 11, 2009, and May 23, 2011), 

 20.2.79.109 NMAC – Applicability (both June 11, 2009, and May 23, 2011), 

 20.2.79.115 NMAC – Emission Offsets (June 11, 2009) and 

 20.2.79.119 NMAC – Tables, Significant Ambient Concentrations (May 23, 2011). 

These revisions have been submitted to the NNSR program to adopt and implement the 

requirements in the November 29, 2005 Phase 2 8-hour Ozone Implementation Rule, the May 

16, 2008 and October 20, 2010 PM2.5 PSD/NNSR Implementation Rules, and the December 21, 

2007 Reasonable Possibility in Recordkeeping Rules. 
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III. Technical Review of State Submittals 

This technical review of the June 11, 2009 and May 23, 2011 revisions to 20.2.74 and 20.2.79 

NMAC consists of a comparison between the relevant Clean Air Act requirements and the 

corresponding sections in the SIP submittal. Each SIP submittal will also be separately reviewed 

for completeness as a SIP submittal under Part 51, Appendix V. 

III.A. Evaluation of the June 11, 2009 and May 23, 2011, SIP Submittals with respect to 

section 110(l) of the CAA 

Section 110(l) of the Clean Air Act states: 

Each revision to an implementation plan submitted by a State under this Act shall be adopted by 

such State after reasonable notice and public hearing. The Administrator shall not approve a 

revision of a plan if the revision would interfere with any applicable requirement concerning 

attainment and reasonable further progress (as defined in section 171), or any other applicable 

requirement of this Act. 

Thus, under section 110(l), these June 11, 2009 and May 23, 2011 SIP submittals containing 

revisions to the NM PSD and NNSR permitting programs must not interfere with attainment or 

reasonable further progress or any other applicable requirement of the Act. The June 11, 2009 

and May 23, 2011 revisions to the New Mexico PSD and NNSR permit programs were adopted 

by the New Mexico EIB to implement the 1997 and 2006 PM2.5 NAAQS and provisions for NOX

as a precursor to ozone, consistent with the 1997 and 2008 8-hour ozone NAAQS. Thus, these 

two revisions are required to adequately implement the New Mexico PSD and NNSR permitting 

programs consistent with EPA regulations and the CAA. Therefore, because the June 11, 2009 

and May 23, 2011, SIP submittals are required under the CAA to implement statutorily mandated 

air permitting programs, these revisions by extension will not interfere with any applicable 

requirement concerning attainment and reasonable further progress, or any other applicable 

requirement of the CAA. 
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III.B. Evaluation of the June 11, 2009 and May 23, 2011 SIP Submittals with respect to the 

Part 51, Appendix V Completeness Checklist

Part 51, Appendix V Completeness Checklists 

Appendix V to 40 CFR Part 51 establishes the criteria for determining the completeness of plan 

submissions. Appendix V to Part 51 is 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 and 2.2 of Appendix V. 

Section 2.3 of Appendix V describes the "parallel process procedure" which EPA can use to 

expedite the review and adoption of SIP revisions. The June 11, 2009 and May 23, 2011 SIP 

revisions were not submitted with a request for parallel processing; therefore Section 2.3 of 

Appendix V to 40 CFR Part 51 is not included in this review. 

 
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SIP Completeness Checklist for the June 11, 2009 and May 23, 2011 SIP Submittals

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. 

 New Mexico Governor Bill Richardson, in a letter dated June 11, 2009, submitted 

revisions to the New Mexico State Implementation Plan (SIP) to amend the PSD and 

NNSR programs at 20.2.74 and 20.2.79 NMAC. EPA Region 6 External Affairs received 

the submittal on September 8, 2009. This submittal package also included amendments to 

the General Rules Definitions at 20.2.2 NMAC, but as explained previously in Section I 

of this TSD, 20.2.2 NMAC is not under review in this TSD. 

New Mexico Governor Susana Martinez, in a letter dated May 23, 2011, submitted 

revisions to the New Mexico SIP to amend the PSD and NNSR programs at 20.2.74 and 

20.2.79 NMAC. EPA Region 6 Air Planning Section received the submittal on June 1, 

2011. 

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

regulations, or that the State has issued the permit, order, consent agreement (hereafter 

document) in final form. This evidence would include the date of adoption or final 

issuance and the effective date of revision, if different from adoption/issuance date. 

The revisions with the June 11, 2009 submittal were adopted by the NM EIB on July 31, 

2009, and became effective on August 31, 2009. 

The revisions with the May 23, 2011 submittal were adopted by the NM EIB on May 3, 

2011, and became effective on June 3, 2011. 

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

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

The New Mexico Air Quality Act provides for regulation at 74-2-5.1 NMSA 1978. Duties 

and powers of the department and the local agency; and for plan revisions at 74-2-5.2 

NMSA 1978. State air pollution control agency; specific duties and powers of the 

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

incorporation by reference into the SIP including an indication of the changes made to the 

existing approved plan where applicable. The submittal shall be a copy of the official 

State regulation document signed, stamped, and dated by the appropriate State official 

indicating that it is fully enforceable by the State. The effective date of the regulation 

document shall, whenever possible, be indicated in the document itself. 

The June 11, 2009 submittal included a copy of the official State regulation document, 

signed and dated by Mr. Gregory Green, Chair of the New Mexico Environmental 

Improvement Board. The effective date is indicated as August 31, 2009. 

The May 23, 2011 submittal included a copy of the official State regulation document, 

signed and dated by Ms. Deborah Peacock, Chair of the New Mexico Environmental 

Improvement Board. The effective date is indicated as June 3, 2011. 

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

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

plan. 

The June 11, 2009 and May 23, 2011 SIP submittal packages included letters signed by 

Bill Grantham, Assistant General Counsel to the New Mexico Environment Department, 

that demonstrated the SIP submittal was developed pursuant to 20.1.1 NMAC – 

Rulemaking Procedures. The NM EIB is authorized to adopt revisions to the NM 

PSD/NNSR program under the New Mexico Air Quality Control Act, NMSA 1978, §74-2-

5. 

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 on May 4, 2009 for the June 11, 2009 submittal. 

 The Albuquerque Journal on March 1, 2011 for the May 23, 2011 submittal. 

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 June 11, 2009 submittal package included a transcript of the July 7, 2009 public 

hearing. 

The May 23, 2011 submittal package included a transcript of the May 2, 2011 public 

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

The NMED did not receive any comments on either the June 11, 2009 or May 23, 2011 

revisions. 

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

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

The June 11, 2009 and May 23, 2011 submittals revise the New Mexico PSD and NNSR 

permitting regulations. These revisions apply to all criteria pollutants and would cover 

attainment and nonattainment areas statewide. 

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

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

plan for the affected area(s) is included. 

The June 11, 2009 and May 23, 2011 submittals revise 20.2.74 and 20.2.79 NMAC. 

These regulations apply specifically to the New Mexico’s PSD and NNSR permit 

programs. The revisions to 20.2.74 NMAC will apply to major sources of criteria 

pollutants statewide in areas classified as attainment or unclassifiable. The only 

nonattainment area in New Mexico is Dona Ana County, which is designated 

nonattainment for PM10. Therefore the revisions to 20.2.79 NMAC only apply in Dona 

Ana County for major sources of PM10 emissions. However, in the event that another 

area of New Mexico is designated as nonattainment for a pollutant(s) the revisions to 

20.2.79 NMAC would apply. 

3. Quantification of the changes in SIP allowable emissions from the affected sources is 

included. (Examples include estimates of changes in current actual emissions from 

affected sources and/or, where appropriate, quantification of changes in actual emissions 

from affected sources through calculations of the differences between certain baseline 

levels and allowable emissions anticipated if the revisions were approved.) 

Not required for the June 11, 2009 or May 23, 2011 revisions to the New Mexico PSD 

and NNSR permit programs. Allowable emissions consistent with the PSD and NNSR 

permitting requirements will be addressed on a permit-by-permit basis. 

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

visibility as applicable would be protected if the revision were approved and 

implemented. 

The June 11, 2009 and May 23, 2011 revisions to the New Mexico PSD and NNSR permit 

programs are necessary to implement statutorily required programs. Adoption of these 

programs will protect the NAAQS/PSD increments/RFP demonstration and visibility. 
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5. FOR REDESIGNATIONS: 

 a. Is there a fully approved maintenance plan for the primary ambient air quality 

standards for at least 10 years as required by §175A of the Clean Air Act? 

 Not applicable. 

 b. Are contingency measures included? 

 Not applicable. 

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

Modeling information is not necessary to support the June 11, 2009 or May 23, 2011 SIP 

submittals. Modeling will be provided on a permit-by-permit basis in accordance with the 

PSD regulations. 

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

emission reduction technology (e.g., add-on controls, industrial/process equipment 

designs, reformulated materials, etc.). 

The June 11, 2009 and May 23, 2011 SIP submittals do not establish emission 

limitations. Emission limitations will be established on a permit-by-permit basis 

according to the applicable PSD and NNSR requirements. 

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

practice standards, and recordkeeping/reporting requirements to ensure stated emission 

levels. 

The June 11, 2009 and May 23, 2011 SIP submittals do not establish emission 

limitations, work practice standards, and recordkeeping/reporting requirements to 

ensure stated emission levels. Each PSD and NNSR permit will include these items as 

necessary to implement the CAA and the PSD/NNSR permit programs. 

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

practice (including at what frequency). 

The June 11, 2009 and May 23, 2011 SIP submittals do not establish 

compliance/enforcement strategies. Each PSD and NNSR permit will separately address 

compliance/enforcement. 

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

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

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

justification. 

 These justifications are not necessary for the June 11, 2009 or May 23, 2011 SIP 

submittals. 
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The June 11, 2009 and May 23, 2011 SIP submittals satisfy the completeness criteria 

established in 40 CFR part 51, Appendix V. 
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III.C. Evaluation of the June 11, 2009 and May 23, 2011 SIP Submittals with respect to the 

federal requirements for PSD Permit Programs

On July 20, 2011, at 76 FR 43149, EPA SIP-approved revisions to 20.2.74 NMAC that were 

adopted on January 1, 2011. Subsequent to the revisions adopted on January 1, 2011, the NMED 

adopted revisions to 20.2.74 NMAC on May 3, 2011, effective June 3, 2011. New Mexico 

Governor Susana Martinez submitted these revisions to the NM SIP on May 23, 2011. 

The following table evaluates the revisions to 20.2.74 NMAC submitted on May 23, 2011. These 

revisions intend to address the requirements of EPA’s May 2008 and July 2010 PM2.5

PSD/NNSR Implementation Rules, and the December 21, 2007 Reasonable Possibility in 

Recordkeeping Rules. The table will provide a comparison of the existing SIP-approved 

language, the revised language and any applicable federal requirements – along with an analysis. 

Note that the May 23, 2011 submittal revised 9 sections of 20.2.74 NMAC; specifically Sections 

7, 300, 303, 306, 403, 502, 503, 504 and 505. The following table presents and analyzes only 

revisions to these sections of 20.2.74 NMAC. The remaining sections are unchanged from the 

version most recently SIP-approved by EPA. 
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Table III.C.1 – Evaluation of May 23, 2011 Revisions to 20.2.74 NMAC Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

20.2.74.7 – Definitions: Terms used but not defined in this plan shall have the meaning given them by 20.2.2 NMAC (Definitions) (formerly AQCR 100). As used in this plan the following definitions shall apply. 

20.2.74.7 – Definitions: Terms used but not defined in this plan shall have the meaning given them by 20.2.2 NMAC (Definitions) (formerly AQCR 100). As used in this plan the following definitions shall apply. 

No change to the SIP-app

A. “Act” means the Federal Clean Air Act, as 

amended, 42 U. S. C. Sections 7401 et seq. 

No Change No change to the existing 

B. “Actual emissions” means the actual rate of 

emissions of a regulated new source review pollutant from an emissions unit, as determined in accordance with Paragraphs (2) through (4) 

of this subsection. (1) This definition shall not apply for 

calculating whether a significant emissions increase has occurred, or for establishing a PAL under 20.2.74.320 NMAC. Instead, Subsections G and AQ of this section shall apply for those purposes. 

(2) In general, actual emissions as of a 

particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative of normal source operation. The department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period. 

(3) The department may presume that sourceNo Change No change to the existing 
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Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

specific allowable emissions for the unit are equivalent to the actual emissions of the unit. 

(4) For any emissions unit that has not begun 

normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date. 

C. “Administrator” means the administrator of the 

U.S. Environmental Protection Agency (EPA) or an authorized representative. 

No Change No change to the existing 

D. “Adverse impact on visibility” means visibility 

impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the class I federal area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairments and how these factors correlate with the following: 1) times of visitor use of the class I federal area; and 2) the frequency and timing of natural conditions that reduce visibility. This term does not include effects on integral vistas as defined in 40 CFR 51.301 Definitions. 

No Change No change to the existing 

E. “Allowable emissions” means the emissions 

rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following: (1) the applicable standards as set forth in 40 

CFR Parts 60 and 61; 

(2) the applicable state implementation plan 

No Change No change to the existing 
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Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

emissions limitation, including those with a future compliance date; or 

(3) the emissions rate specified as a federally 

enforceable permit condition, including those with a future compliance date. 

F. “Attainment area” means, for any air pollutant, 

an area which is shown by monitored data or which is calculated by air quality modeling not to exceed any national ambient air quality standard for such pollutant, and is so designated under Section 107 (d) (1) (D) or (E) of the act. 

No Change No change to the existing 

G. “Baseline actual emissions” means the rate of 

emissions, in tons per year, of a regulated new source review pollutant, as determined in accordance with the following. (1) For any existing electric utility steam 

generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator begins actual construction of the project.  The department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. (a) The average rate shall include fugitive 

emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. 

(b) The average rate shall be adjusted 

No Change No change to the existing 
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Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. 

(c) For a regulated new source review 

pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used For each regulated new source review pollutant. 

(d) The average rate shall not be based on 

any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparagraph (b) of this paragraph. 

(2) For an existing emissions unit (other than 

an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the department 
18

Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

for a permit required either under this part or under a plan approved by the administrator, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990. (a) The average rate shall include fugitive 

emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. 

(b) The average rate shall be adjusted 

downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. 

(c) The average rate shall be adjusted 

downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in 
19

Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a) (3) (ii) (G). 

(d) For a regulated new source review 

pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated new source review pollutant. 

(e) The average rate shall not be based 

on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparagraphs (b) and (c) of this paragraph. 

(3) For a new emissions unit, the baseline 

actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. 

(4) For a PAL for a stationary source, the 

baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in Paragraph (1) of this subsection, for other existing 
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Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

emissions units in accordance with the procedures contained in Paragraph (2) of this subsection, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) of this subsection. 

H. “Baseline area” means all lands designated as 

attainment or unclassifiable in which the major source or major modification would construct or would have an air quality impact equal to or greater than one microgram per cubic meter (annual average) of the pollutant for which the minor source baseline date is established. The major source or major modification establishes the minor source baseline date (see the definition “minor source baseline date” in this part). Lands are designated as attainment or unclassifiable under Section 107(d)(1)(D) or (E) of the act within each federal air quality control region in the state of New Mexico. Any baseline area established originally for TSP (total suspended particulates) increments shall remain in effect and shall apply for purposes of determining the amount of available PM-10 increments. A TSP baseline area shall not remain in effect if the department rescinds the corresponding minor source baseline date (see “minor source baseline date” in this part). 

H. "Baseline area” means all lands designated as 

attainment or unclassifiable in which the major source or major modification establishing the minor source baseline date

would construct or would have an air quality impact for the pollutant for which the 

baseline date is established, as follows: equal 

to or greater than one microgram per cubic meter (annual average) of the pollutant for 

which the minor source baseline date is established for sulfur dioxide. nitrogen dioxide, or PM10; or equal or greater than 0.3 microgram per cubic meter (annual average)

for PM2.5. The major source or major 

modification establishes the minor source baseline date (see the definition "minor source baseline date" in this part). Lands are designated as attainment or unclassifiable under Section 107(d)( 1) (D) or (E) (A)(ii) or 

(iii) of the act within each federal air quality 

control region in the state of New Mexico. Any baseline area established originally for TSP (total suspended particulates) increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments. A TSP baseline area shall not remain in effect if the department rescinds the corresponding minor source baseline date (see "minor source 

Revisions to “Baseline Amade to correctly implem

as promulgated by EPA opublished on October 20, Revisions are consistent w40 CFR 51.166(b)(15)(i) Revisions are approvable
21

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Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

baseline date" in this part). 

I. “Baseline concentration” means that ambient 

concentration level that exists in the baseline area at the time of the applicable minor source 

baseline date. (1) A baseline concentration is determined for 

each pollutant for which a minor source baseline date is established and shall include: (a) the actual emissions, as defined in this 

section, representative of sources in existence on the applicable minor source baseline date, except as provided in Paragraph (2) of this subsection; 

(b) the allowable emissions of major 

stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date. 

(2) The following will not be included in the 

baseline concentration and will affect the applicable maximum allowable increase(s): (a) actual emissions, as defined in this 

section, from any major stationary source on which construction commenced after the major source baseline date; and 

(b) actual emissions increases and 

decreases, as defined in Subsection B of this section, at any stationary source occurring after the minor source baseline date. 

No Change No change to the existing 
22

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Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

J. “Begin actual construction” means, in general, 

initiation of physical onsite construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipework and construction of permanent storage structures. With respect to a change in method of operations, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change. 

No Change No change to the existing 

K. “Best Available Control Technology 

(BACT)” means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each regulated pollutant which would be emitted from any proposed major stationary source or major modification, which the secretary determines is achievable on a case-by-case basis. This determination will take into account energy, environmental, and economic impacts and other costs. The determination must be achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning, clean fuels, or 

treatment or innovative fuel combustion techniques for control of such pollutants. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60 and 61. If the secretary determines that 

technological or economic limitations on the 

No Change No change to the existing 
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Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results. 

L. “Building, structure, facility, or 

installation” means all of the pollutant emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutantemitting activities shall be considered as part of the same industrial grouping if they belong to the same “major group” (i.e., which have the same first two digit code) as described in the standard industrial classification (SIC) manual, 

1972, as amended by the 1977 supplement (U. S. government printing office stock numbers 4101-0066 and 003-005-00176-0, respectively) or any superseding SIC manual. 

No Change No change to the existing 

M. “Class I federal area” means any federal land 

that is classified or reclassified as “class I” as 

described in 20.2.74.108 NMAC. 

No Change No change to the existing 

N. “Commence” means, as applied to construction 

of a major stationary source or major modification, that the owner or operator has all 

No Change No change to the existing 
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Analysis and Evaluation Federal Requirements 

necessary preconstruction approvals or permits and has: (1) Begun, or caused to begin, a continuous 

program of actual on-site construction of the source, to be completed within a reasonable time; or 

(2) Entered into binding agreements or 

contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake and complete, within a reasonable time, a 

program of actual construction. 

O. “Construction” means any physical change or 

change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in emissions. 

No Change No change to the existing 

P. “Continuous emissions monitoring system 

(CEMS)” means all of the equipment that may be required to meet the data acquisition and availability requirements of this section, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis. 

No Change No change to the existing 

Q. “Continuous emissions rate monitoring system 

(CERMS)” means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time). 

No Change No change to the existing 

R. “Continuous parameter monitoring system 

(CPMS)” means all of the equipment necessary to meet the data acquisition and availability requirements of this section, to monitor process and control device operational parameters (for example, control device secondary voltages 

No Change No change to the existing 
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Analysis and Evaluation Federal Requirements 

and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a continuous basis. 

S. “Department” means the New Mexico 

environment department. 

No Change No change to the existing 

T. “Electric utility steam generating unit” means 

any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator 

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

No Change No change to the existing 

U. “Emissions unit” means any part of a 

stationary source that emits or would have the potential to emit any regulated new source review pollutant and includes an electric utility steam generating unit as defined in this section. For purposes of this section, there are two types of emissions units as described in the following. (1) A new emissions unit is any emissions 

unit that is (or will be) newly constructed and that has existed for less than 2 years from the date such emissions unit first operated. 

(2) An existing emissions unit is any 

emissions unit that does not meet the requirements in Paragraph (1) of this 

No Change No change to the existing 
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Analysis and Evaluation Federal Requirements 

subsection. A replacement unit, as defined in this section, is an existing unit. 

V. “Federal land manager” means, with respect to 

any lands in the United States, a federal level cabinet secretary of a federal level department (e.g. interior dept.) with authority over such lands. 

No Change No change to the existing 

W. “Federally enforceable” means all limitations 

and conditions which are enforceable by the administrator, including: (1) those requirements developed pursuant to 

40 CFR Parts 60 and 61; 

(2) requirements within any applicable state 

implementation plan; 

(3) any permit requirements established 

pursuant to 40 CFR 52.21; or 

(4) 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 to the existing 

X. “Fugitive emissions” means those emissions 

which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. 

No Change No change to the existing 

Y. "Greenhouse gas" for the purpose of this part is 

defined as the aggregate group of the following 

six gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. 

No Change No change to the existing 

Z. “High terrain” means any area having an 

elevation nine hundred (900) feet or more above the base of a source's stack. 

No Change No change to the existing 

AA.“Indian governing body” means the governing 

body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as 

No Change No change to the existing 
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Analysis and Evaluation Federal Requirements 

possessing power of self-government. 

AB. “Innovative Control Technology” means any 

system of air pollution control that has not been adequately demonstrated in practice. But such system would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts. 

No Change No change to the existing 

AC. “Low terrain” means any area other than high 

terrain. 

No Change No change to the existing 

AD.“Lowest achievable emission rate” means, for 

any source, the more stringent rate of emissions based on the following: (1) the most stringent emissions limitation 

which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or 

(2) the most stringent emissions limitation 

which is achieved in practice by such class or category of stationary source; this limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source. In no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of 

No Change No change to the existing 
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Analysis and Evaluation Federal Requirements 

performance. 

AE. “Major modification” means any physical 

change in or change in the method of operation of a major stationary source that would result in: a significant emissions increase (as defined in of this section) of a regulated new source review pollutant (as defined in this section); and a significant net emissions increase of that pollutant from the major stationary source. Any significant emissions increase (as defined in this section) from any emissions units or net emissions increase (as defined in this section) at a major stationary source that is significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone. (1) A physical change or change in the 

method of operation shall not include: (a) routine maintenance, repair, and 

replacement; 

(b) use of an alternative fuel or raw 

material by reason of an order under Section 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act; 

(c) use of an alternative fuel by reason of 

an order or rule under Section 125 of the act; 

(d) use of an alternative fuel at a steam 

generating unit to the extent that the fuel is generated from municipal solid waste; 

No Change No change to the existing 
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Analysis and Evaluation Federal Requirements 

(e) use of an alternative fuel or raw 

material by a stationary source which: 

i. the source was capable of 

accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; or 

ii. the source is approved to use under 

any permit issued under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166; 

(f) an increase in the hours of operation 

or in the production rate, unless such change would be prohibited under any federally enforceable permit which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; 

(g) any change in ownership at a 

stationary source; 

(h) the installation, operation, cessation, 

or removal of a temporary clean coal technology demonstration project, provided that the project complies with: 

i. the state implementation plan for 

the state in which the project is located; and 

ii. other requirements necessary to 
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Analysis and Evaluation Federal Requirements 

attain and maintain the national ambient air quality standards during the project and after it is terminated. 

(i) the installation or operation of a 

permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit; this exemption shall apply on a pollutantby-pollutant basis; 

(j) the reactivation of a very clean coalfired electric utility steam generating 

unit. 

(2) This definition shall not apply with respect 

to a particular regulated new source review pollutant when the major stationary source is complying with the requirements under 20.2.74.320 NMAC for a PAL for that pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.2.74.320 NMAC shall apply. 

AF. “Major source baseline date” means: 

(1) in the case of particulate matter and sulfur 

dioxide, January 6, 1975; and 

(2) in the case of nitrogen dioxide, February 

8, 1988. 

AF. "Major source baseline date" means: 

(1) in the case of particulate matter PM10and 

sulfur dioxide, January 6, 1975; and

(2) in the case of nitrogen dioxide, February 

8,1988; and

(3) in the case of PM2.5, October 20,2010.

Revisions to “Major sourdefinition made to correc

increment, as promulgate2010 and published on OFR 64864. Revisions are consistent w40 CFR 51.166(b)(14)(i)(Revisions are approvable
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Analysis and Evaluation Federal Requirements 

AG.“Major stationary source” means the 

following. (1) Any stationary source listed in table 1 

(20.2.74.501 NMAC) which emits, or has the potential to emit, emissions equal to or greater than one hundred (100) tons per year of any regulated new source review pollutant. 

(2) Any stationary source not listed in table 1 

(20.2.74.501 NMAC) and which emits or has the potential to emit two hundred fifty (250) tons per year or more of any regulated new source review pollutant. 

(3) Any physical change that would occur at a 

stationary source not otherwise qualifying under Paragraphs (1) or (2) of this subsection if the change would constitute a major stationary source by itself. 

(4) A major source that is major for volatile 

organic compounds or nitrogen oxides shall be considered major for ozone. 

(5) The fugitive emissions of a stationary 

source shall not be included in determining for any of the purposes of this section whether it is a major stationary source, unless the source belongs to one of the stationary source categories found in Table 1 (20.2.74.501 NMAC) or any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the act. 

No Change No change to the existing 

AH.“Mandatory class I federal area” means any 

area identified in the Code of Federal Regulations (CFR), 40 CFR Part 81, Subpart D. See 20.2.74.108 NMAC for a list of these 

No Change No change to the existing 
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Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

areas in New Mexico. 

AI. “Minor source baseline date” means the 

earliest date after the trigger date on which the owner or operator of a major stationary source or major modification subject to 40 CFR 52.21 or to this part submits a complete application under the relevant regulations. (1) The trigger date is: 

(a) in the case of particulate matter and 

sulfur dioxide, August 7, 1977; and 

(b) in the case of nitrogen dioxide, 

February 8, 1988. 

(2) Any minor source baseline date 

established originally for the TSP (total suspended particulates) increments shall remain in effect and shall apply for purposes of determining the amount of available PM-10 increments. The department may rescind any TSP minor source baseline date where it can be shown, to the department 's satisfaction, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date, did not result in a significant amount of PM-10 emissions. 

AI. “Minor source baseline date” means the 

earliest date after the trigger date on which the owner or operator of a major stationary source or major modification subject to 40 CFR 52.21 or to this part submits a complete application under the relevant regulations. (1) The trigger date is: 

(a) in the case of particulate matter PM10

and sulfur dioxide, August 7, 1977; and

(b) in the case of nitrogen dioxide, 

February 8, 1988; and

(c) in the case of PM2.5, October 20, 

2011.

(2) Any minor source baseline date 

established originally for the TSP (total suspended particulates) increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments. The 

department may rescind any TSP minor source baseline date where it can be shown, to the department 's satisfaction, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date, did not result in a significant amount of PM10

emissions. 

Revisions to “Minor sourdefinition made to correc

increment, as promulgate2010 and published on OFR 64864. Revisions are consistent w40 CFR 51.166(b)(14)(ii)Revisions are approvable

AJ. “Natural conditions” includes naturally 

occurring phenomena that reduce visibility as measured in terms of visual range, contrast or coloration. 

No Change No change to the existing 

AK.“Necessary preconstruction approvals or No Change No change to the existing 
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Analysis and Evaluation Federal Requirements 

permits” means those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part of the New Mexico state implementation plan. 

AL. “Net emissions increase” means, with respect 

to any regulated new source review pollutant 

emitted by a major stationary source, the following.  (1) The amount by which the sum of the following exceeds zero.  (a) The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to Subsection D of 20.2.74.200 NMAC.  (b) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph shall be determined as provided in Subsection G, except that Subparagraph (c) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of Subsection G of this section shall not apply.  (2) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs within the time period five years prior to the commencement of construction on the particular change and the date that the increase from the particular change occurs.  (3) An increase or decrease in actual 

No Change No change to the existing 
34

Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

emissions is creditable only if:  (a) it occurs within the time period five years prior to the commencement of construction on the particular change and the date that the increase from the particular change occurs; and  (b) the department has not relied on it in issuing a permit for the source under regulations approved pursuant to this section, which permit is in effect when the increase in actual emissions from the particular change occurs.  (4) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.  (5) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.  (6) A decrease in actual emissions is creditable only to the extent that:  (a) the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;  (b) it is enforceable as a practical matter at and after the time that actual construction on the particular change begins; and  (c) it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from 
35

Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

the particular change.  (7) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.  (8) Paragraph (2) of Subsection B of this section shall not apply for determining creditable increases and decreases. 

AM. “Nonattainment area” means an area 

which has been designated under Section 107 of the Federal Clean Air Act as nonattainment for one or more of the national ambient air quality standards by EPA. 

No Change No change to the existing 

AN.“Portable stationary source” means a source 

which can be relocated to another operating site with limited dismantling and reassembly. 

No Change No change to the existing 

AO.“Potential to emit” means the maximum 

capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollutant 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. 

No Change No change to the existing 

AP. “Predictive emissions monitoring system No Change No change to the existing 
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Analysis and Evaluation Federal Requirements 

(PEMS)” means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. 

AQ.“Project” means a physical change in, or 

change in method of operation of, an existing major stationary source. 

No Change No change to the existing 

AR. “Projected actual emissions” means the 

maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated new source review pollutant in any one of the 5 years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that regulated new source review pollutant, and full utilization of the unit would result in a significant emissions increase, or a significant net emissions increase at the major stationary source. In determining the projected actual emissions (before beginning actual construction), the owner or operator of the major stationary source: (1) shall consider all relevant information, 

including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, 

No Change No change to the existing 
37

Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

the company's filings with the state or federal regulatory authorities, and compliance plans under the approved plan; and 

(2) shall include fugitive emissions to the 

extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and 

(3) shall exclude, in calculating any increase 

in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under Subsection G of this section and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or, 

(4) in lieu of using the method set out in 

Paragraphs (1) through (3) of this subsection, may elect to use the emissions unit's potential to emit, in tons per year, as defined in Subsection AQ of this section. 

AS. “Regulated new source review pollutant”, for 

purposes of this part, means the following: (1) any pollutant for which a national ambient 

air quality standard has been promulgated and any constituents or precursors for such pollutants identified by the administrator (e.g., volatile organic compounds and nitrogen oxides are precursors for ozone); 

(2) any pollutant that is subject to any 

standard promulgated under Section 111 

AS. "Regulated new source review pollutant", 

for purposes of this part, means the following; (1) any pollutant for which a national ambient 

air quality standard has been promulgated and any constituents or precursors for such 

pollutants identified by the administrator (e.g., volatile organic compounds and nitrogen oxides are precursors for ozone);

pollutant identified under this paragraph 

(Paragraph (1) of Subsection AS of 

Revisions to the “Regulatdefinition have been mad

precursors to allow for prthe PSD program for emi

requirements were promu16, 2008, at 73 FR 28321The revisions to 20.2.74.7consistent with 51.166(b)73 FR 28321 May 16, 20
38

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Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

of the act; 

(3) any class I or II substance subject to a 

standard promulgated under or established by title VI of the act; or 

(4) any pollutant that otherwise is subject to 

regulation under the act as defined in Subsection AZ of this section. 

20.2.74.7 NMAC) as a constituent or 

precursor to such pollutant; precursors identified by the administrator for purposes of NSR are the following:

(a) volatile organic compounds and nitrogen 

oxides are precursors to ozone in all attainment and unclassifiable areas; 

(b) sulfur dioxide is a precursor to PM2.5.in 

all attainment and unclassifiable areas;

(c) nitrogen oxides are presumed to be 

precursors to PM2.5 in all attainment and unclassifiable areas, unless the state demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations;

(d) volatile organic compounds are 

presumed not to be precursors to PM2.5 in any attainment or unclassifiable area, unless the state demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM2.5

concentrations;

(2) any pollutant that is subject to any standard 

promulgated under Section 111 of the act; 

(3) any class I or II substance subject to a 

standard promulgated under or established by title VI of the act; or 

(4) any pollutant that otherwise is subject to 

regulation under the act as defined in 

are approvable. The revisions to the “Reginclude the condensables 20.2.74.7.AS(6) are consirequirements at 40 CFR 5FR 28321, May 16, 2008approvable. Note that EPA proposed r51.166(b)(49)(i)(a) on M15656. The proposed reviinadvertent inclusion of Pprovisions of regulated Nwe can proceed with our May 23, 2011 New Mexiadopted, the NM PSD prothe federal rule until EPA 2012, rulemaking. Once E16, 2012 rulemaking, the initiate further rulemakinwith federal requirementsTo provide context, the fothe excerpts of the proposregulatory text at 77 FR 1underline and strikethrouchanges: Proposed 40 CFR 51.166

Particulate matte

and PM10 emiss

emissions from a condense to form ambient tempera
39

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Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

Subsection AZ of this section; 

(5) notwithstanding Paragraphs (1) through (4) 

of Subsection AS of this section, the term "regulated NSR pollutant" shall not include any or all hazardous air pollutants either listed in Section 112 of the act, or added to the list pursuant to Section 112(b)(2) of the act, and which have not been delisted pursuant to Section 112(b)(3) of the act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the act; 

(6) Particulate matter (PM) emissions, PM2.5

emissions, and PM10 emissions shall 

include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures; on or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5 and PMl0 in PSD permits; compliance with emissions limitations for PM, PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particular matter shall not be considered in violation of this section unless the applicable implementation plan required condensable particular matter to 

1, 2011 (or any ethe upcoming rumethods), such cmatter shall be aapplicability detestablishing emi

PM2.5 and PM10 

compliance with PM, PM2.5 and P

date shall not be particulate matteterms and conditapplicable impleapplicability detthis date without condensable parconsidered in vioNMAC unless thimplementation particulate matte

Proposed 40 CFR 51.166

any pollutant thastandard promulof the act, as req

the applicable pethat pollutant. Foregulated by an measurement of determined by th
40

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Analysis and Evaluation Federal Requirements 

be included.

AT. “Replacement unit” means an emission unit for 

which all of the following criteria are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (1) The emissions unit is a reconstructed unit 

within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit. 

(2) The emissions unit is identical to or 

functionally equivalent to the replaced emissions unit. 

(3) The replacement unit does not change the 

basic design parameter(s) of the process unit. 

(4) The replaced emissions unit is 

permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. 

(5) Notwithstanding Paragraphs (1) through 

(4) of Subsection AS of this section, the term "regulated NSR pollutant" shall not include any or all hazardous air pollutants either listed in Section 112 of the act, or added to the list pursuant to Section 112(b)(2) of the act, and which have not been delisted pursuant to Section 112(b)(3) of the act, unless the listed 

No Change No change to the existing 
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Analysis and Evaluation Federal Requirements 

hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under Section 108 of the act; 

AU.“Secondary emissions” means emissions which 

occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself.  For the purpose of this section, 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 major stationary source or major 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 to the existing 

AV.“Secretary” means the cabinet level secretary 

of the New Mexico environment department or his or her successor. 

No Change No change to the existing 

AW. “Significant” means in reference to a net 

emissions increase or the potential of a source to emit air pollutants, a rate of emission that would equal or exceed any of the rates listed in table 2 (20.2.74.502 NMAC). 

No Change No change to the existing 

AX.“Significant emissions increase” means, for a 

regulated new source review pollutant, an increase in emissions that is significant (as defined in Subsection AV of this section) for 

No Change No change to the existing 
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Analysis and Evaluation Federal Requirements 

that pollutant. 

AY.“Stationary source” means any building, 

structure, facility, or installation which emits, or may emit, any regulated new source review pollutant. 

No Change No change to the existing 

AZ. “Subject to regulation” means, for any air 

pollutant, that the pollutant is subject to either a provision in the act, or a nationallyapplicable regulation codified by the administrator in subchapter C of 40 CFR Chapter I, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that: (1) "greenhouse gases (GHGs)" shall not be 

subject to regulation except as provided in paragraphs AZ(4) and (5) of this section; 

(2) for purposes of Paragraphs (3) through (5) 

of Subsection AZ of this section, the term "tons per year CO2 equivalent emissions (CO2e)" shall represent an amount of GHGs emitted, and shall be computed as follows: (a) multiplying the mass amount of 

emissions (tons per year), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at table A-1 to subpart A of 40 CFR part 98 - Global Warming Potentials; 

(b) sum the resultant value from 

Subparagraph (a) of Paragraph (2) of 

No Change No change to the existing 
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Analysis and Evaluation Federal Requirements 

Subsection AZ of this section for each gas to compute a tons per year CO2e; 

(3) the term "emissions increase" as used in 

Paragraphs (4) and (5) of Subsection AZ of this section shall mean that both a significant emissions increase (as calculated using the procedures in Subsection D of 20.2.74.200 NMAC) and a significant net emissions increase (as defined in Subsections AL, AW and AX of 20.2.74.7 NMAC) occur; for the pollutant GHGs, an emissions increase shall be based on tons per year CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tons per year CO2e instead of applying the value in table 2 of 20.2.74 NMAC; 

(4) beginning January 2, 2011, the pollutant 

GHGs is subject to regulation if: (a) the stationary source is a new major 

stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tons per year CO2e or more; or 

(b) the stationary source is an existing 

major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of 75,000 tons per year CO2e or more; and 
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Analysis and Evaluation Federal Requirements 

(5) beginning July 1, 2011, in addition to the 

provisions in Paragraph (4) of this subsection, the pollutant GHGs shall also be subject to regulation: (a) at a new stationary source that will 

emit or have the potential to emit 100,000 tons per year CO2e; or 

(b) at an existing stationary source that 

emits of has the potential to emit 100,000 tons per year CO2e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tons per year CO2e or more; 

(6) if a federal court stays, invalidates or 

otherwise renders unenforceable by the US EPA, in whole or in part, the prevention of significant deterioration and Title V greenhouse gas tailoring rule (75 FR 31514, June 3, 2010), the definition "subject to regulation" shall be enforceable by the department only to the extent that it is enforceable by US EPA. 

BA. “Temporary source” means a stationary source 

which changes its location or ceases to exist within two years from the date of initial start of operations. 

No Change No change to the existing 

BB. “Visibility impairment” means any humanly 

perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions. 

No Change No change to the existing 

BC. “Volatile organic compound (VOC)” means 

any organic compound which participates in atmospheric photochemical reactions; that is, 

No Change No change to the existing 
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Analysis and Evaluation Federal Requirements 

any organic compound other than those which the administrator designates as having negligible photochemical reactivity. 

20.2.74.300 OBLIGATIONS OF OWNERS OR OPERATORS OF SOURCES: 

20.2.74.300 OBLIGATIONS OF OWNERS OR OPERATORS OF SOURCES: 

No change to the existing 

A. Any owner or operator who begins actual 

construction or operates a source or modification without, or not in accordance with, a permit issued under the requirements of this part shall be subject to enforcement action. 

No Change No change to the existing 

B. The issuance of a permit does not relieve any 

person from the responsibility of complying with the provisions of the Air Quality Control Act, sections 74-2-1 to 74-2-17, NMSA 1978; any applicable regulations of the board; and any other requirements under local, state, or federal law. 

No Change No change to the existing 

C. Approval to construct shall become invalid if: 

 1) construction is not commenced within eighteen (18) months after receipt of such approval; 2) if construction is discontinued for a period of eighteen (18) months or more; or 3) if construction is not completed within a reasonable time. For a phased construction project, each phase must commence construction within eighteen (18) months of the projected and approved commencement date. The secretary may extend the eighteen (18) month period upon a satisfactory showing that an extension is justified. 

No Change No change to the existing 

D. If a source or modification becomes a major 

stationary source or major modification solely due to a relaxation in any enforceable limitation (which limitation was established after August 7, 1980), on the capacity of the 

No Change No change to the existing 
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Analysis and Evaluation Federal Requirements 

source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then this part shall apply to the source or modification as though construction had not yet commenced. 

E. The following specific provisions apply to 

projects at existing emissions units at a major stationary source (other than projects at a 

source with a PAL) in circumstances where the owner or operator elects to use the method specified in Paragraphs (1) through (3) of Subsection AR of 20.2.74.7 NMAC for calculating projected actual emissions. (1) Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information: (a) a description of the project; (b) identification of the emissions unit(s) whose emissions of a regulated new source review pollutant could be affected by the project; and (c) a description of the applicability test used to determine that the project is not a major modification for any regulated new source review pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under Paragraph (3) of Subsection AQ of 20.2.74.7 NMAC and an explanation for why such amount was excluded, and any netting calculations, if applicable. (2) If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall 

E. Except as otherwise provided in Paragraph (6) 

under this subsection (Subsection E of 20.2.74.300 NMAC), the following specific 

provisions apply to with respect to any 

regulated NSR pollutant emitted from projects 

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

reasonable possibility, within the meaning of Paragraph (6) under this subsection (Subsection E of 20.2.74.300 NMAC), that a project that is not a part of a major modification may result in a significant emissions increase of such pollutant, and the owner or operator elects to 

use the method specified in Paragraphs (1) through (3) of Subsection AR of 20.2.74.7 NMAC for calculating projected actual emissions. (1) Before beginning actual construction of the 

project, the owner or operator shall document and maintain a record of the following information: 

(a) a description of the project; (b) identification of the emissions unit(s) 

whose emissions of a regulated new source review pollutant could be affected by the project; and 

(c) a description of the applicability test 

used to determine that the project is not a major modification for any regulated 

Revisions made to implemPossibility In Recordkeeppublished December 21, 2Revisions to 20.2.74.300requirements at 51.166(r)December 21, 2007 at 72 Revisions to 20.2.74.300consistent with the requir51.166(r)(6)(vi)(a) and (bDecember 21, 2007 at 72 These revisions are appro
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Analysis and Evaluation Federal Requirements 

provide a copy of the information set out in Paragraph (1) of this subsection to the department. Nothing in this paragraph shall be construed to require the owner or operator of such a unit to obtain any determination from the department; however, necessary preconstruction approvals and/or permits must be obtained before beginning actual construction. (3) The owner or operator shall monitor the emissions of any regulated new source review pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in Subparagraph (b) of Paragraph (1) of this subsection; and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated new source review pollutant at such emissions unit. (4) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end of each year during which records must be generated under Subparagraph (c) of Paragraph (1) of this subsection setting out the unit's annual emissions during the calendar year that preceded submission of the report. (5) If the unit is an existing unit other than an electric utility steam generating unit, the owner 

new source review pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under Paragraph (3) of Subsection AR of 20.2.74.7 NMAC and an explanation for why such amount was excluded, and any netting calculations, if applicable. 

(2) If the emissions unit is an existing electric 

utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in Paragraph (1) of this subsection to the department. Nothing in this paragraph shall be construed to require the owner or operator of such a unit to obtain any determination from the department; however, necessary preconstruction approvals and/or permits must be obtained before beginning actual construction. 

(3) The owner or operator shall monitor the 

emissions of any regulated new source review pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in Subparagraph (b) of Paragraph (1) of this subsection; and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to 
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Analysis and Evaluation Federal Requirements 

or operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified in Paragraph (1) of this subsection, exceed the baseline actual emissions (as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of this subsection) by a significant amount (as defined in 20.2.74.7 NMAC) for that regulated new source review pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of this subsection. Such report shall be submitted to the department within 60 days after the end of such year. The report shall contain the following: (a) the name, address and telephone number of the major stationary source; (b) the annual emissions as calculated pursuant to Paragraph (3) of this subsection; and (c) any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection). 

emit of that regulated new source review pollutant at such emissions unit. 

(4) If the unit is an existing electric utility 

steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end of each year during which records must be generated under Subparagraph (c) of Paragraph (1) of this subsection setting out the unit's annual emissions during the calendar year that preceded submission of the report. 

(5) If the unit is an existing unit other than an 

electric utility steam generating unit, the owner or operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified in Paragraph (1) of this subsection, exceed the baseline actual emissions (as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of this subsection) by a significant amount (as defined in 20.2.74.7 NMAC) for that regulated new source review pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of this subsection. Such report shall be submitted to the department within 60 days after the end of such year. The report shall contain the following: 

(a) the name, address and telephone 

number of !he major stationary source; 

(b) the annual emissions as calculated 

pursuant to Paragraph (3) of this 
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Analysis and Evaluation Federal Requirements 

subsection; and 

(c) any other information that the owner or 

operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection); 

(6) a "reasonable possibility" under this 

subsection (Subsection E of 20.2.74.300 NMAC) occurs when the owner or operator calculates the project to result in either:

(a) a projected actual emissions increase 

of at least 50 percent of the amount that is a “significant emissions increase," as defined under Subsection AX of 20.2.74.7 NMAC (without reference to the amount that is a significant net emissions increase) for the regulated NSR pollutant; or 

(b) a projected actual emissions increase 

that, added to the amount of emissions excluded under Paragraph (3) of Subsection AR of 20.2.74.7 NMAC, sums to at least 50 percent of the amount that is a "significant emissions increase" as defined under Subsection AX of 20.2.74.7 NMAC (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant; for a project for which a reasonable possibility occurs only within the meaning under this subparagraph (Subparagraph (b) of Paragraph (6) of Subsection E of 20.2.74.300 NMAC), and not also within the meaning of 
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Analysis and Evaluation Federal Requirements 

Subparagraph (a) under this paragraph (Paragraph (6) of Subsection E of 20,2.74.300 NMAC), then the provisions in Paragraphs (2) through (5) under this subsection (Subsection E of 20.2.74.300 NMAC) do not apply to the project.

F. The owner or operator of the source shall make 

the information required to be documented and maintained pursuant to Subsection E of this section available for review upon request for inspection by the department or the general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii). 

No Change No change to the existing 

20.2.74.303 AMBIENT IMPACT REQUIREMENTS: 

20.2.74.303 AMBIENT IMPACT REQUIREMENTS: 

No change to the existing 

A. The requirements of this section shall apply to 

each pollutant emitted by a new major stationary source or major modification in amounts equal to or greater than those in Table 2 of this Part (20.2.74.502 NMAC). For particulate matter, the source will only be required to perform ambient impact analysis for PM10 when the source has the potential to emit significant amounts of PM10 (Table 2, 20.2.74.502 NMAC). 

A. The requirements of this section shall apply to 

each pollutant emitted by a new major stationary source or major modification in amounts equal to or greater than those in Table 2 of this Part (20.2,74.502 NMAC). For particulate matter PM10, the source will only be 

required to perform ambient impact analysis for PM10 when the source has the potential to emit 

significant amounts of PM10 (Table 2, 

20.2.74.502 NMAC). For PM2.5 , the 

demonstration required in Subsection B of 20.2.74.303 NMAC is deemed to have been made if the emissions increases from the new stationary source alone or from the modification alone would cause, in all areas, air quality impacts less than 0.06 micrograms per cubic meter (annual average) and 0.07 micrograms per cubic meter (24-hour average) for Class I federal areas and 0.3 micrograms per cubic 

Submitted revisions are cprovisions at 51.166(k)(2October 20, 2010. However, the PM2.5 SILs 

of litigation before the U.(Sierra Club v. EPA, CasCircuit). In our April 6, 2response to that litigationthe Court remand and vacthe EPA’s PSD regulation51.166(k)(2) and 52.21(knecessary rulemaking revEPA stated in the preamb

Increment-SILs-SMC Ruthe SILs to be a mandatorthem as discretionary on authority for use in the PS
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Analysis and Evaluation Federal Requirements 

meter (annual average) and 1.2 micrograms per cubic meter (24 hour average for Class II and Class III federal areas.

light of EPA’s request for the agency’s acknowledgrevise the regulatory text paragraph (k)(2) of sectiodoes not believe that it is approve that portion of thplan revision that containtext in the State’s PSD reare severing the revisions from the remainder of ouThe NMED continues to including the PM2.5 SILs 

51.165(b); which is adopt20.2.79.119 for Class II aBecause we are severing the revisions submitted olanguage at 20.2.74.303(AEPA on July 20, 2011 wiNote that the revisions to submitted on May 23, 20EPA for review. EPA wilprovisions following the request for remand with vrulemaking to correct 51.

B. The allowable emission increases from the 

proposed source or modification, including secondary emissions, in conjunction with all other applicable emissions increases or reductions, including secondary emissions, shall not cause or contribute to air pollution in violation of: (1) Any National Ambient Air Quality 

No Change No change to the existing 
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Analysis and Evaluation Federal Requirements 

Standard in any location; or (2) Any applicable maximum allowable increase as shown in Table 4 of this Part (20.2.74.504 NMAC) over the baseline concentrations in any area. (3) The owner or operator of the proposed major stationary source or major modification shall demonstrate that neither paragraph (1) nor paragraph (2) of 20.2.74.303 NMAC will occur. 

20.2.74.306 MONITORING REQUIREMENTS: 20.2.74.306 MONITORING REQUIREMENTS: No change to the existing A. Any application for a permit under this Part 

shall contain an analysis of ambient air quality.  Air quality data can be that measured by the applicant or that available from a government agency in the area affected by the major stationary source or major modification. The analysis shall contain the following: (1) For a major stationary source, each pollutant for which the potential to emit is equal to or greater than the significant emission rates as listed in Table 2 of this Part (20.2.74.502 NMAC); or (2) For a major modification, each pollutant that would result in a significant net emission increase. 

No Change No change to the existing 

B. If no National Ambient Air Quality Standard 

(NAAQS) for a pollutant exists, and there is an 

acceptable method for monitoring that pollutant, the analysis shall contain such air quality monitoring data as the Department determines is necessary to assess ambient air quality for that pollutant. 

No Change No change to the existing 

C. Continuous air quality monitoring data shall be 

required for all pollutants for which a National 

No Change No change to the existing 
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Analysis and Evaluation Federal Requirements 

Ambient Air Quality Standard exists. Such data shall be submitted to the Department for at least the one (1) year period prior to receipt of the permit application. The Department has the discretion to: (1) Determine that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year but not less than four months; or (2) Determine that existing air quality monitoring data is representative of air quality in the affected area and accept such data in lieu of additional monitoring by the applicant. 

D. Ozone monitoring shall be performed if 

monitoring data is required for volatile organic compounds. Post construction ozone monitoring data may be submitted in lieu of providing preconstruction data as required under subsection C of 20.2.74.306 NMAC if the owner or operator of the proposed major source or major modification satisfies all the provisions of 40 CFR Part 51, Appendix S, Section IV. 

No Change No change to the existing 

E. The Department may require monitoring of 

visibility in any Class I Federal area where the Department determines that an adverse impact on visibility may occur due primarily to the operations of the proposed new source or modification. Such monitoring shall be conducted following procedures approved by the Department and subject to the following: (1) Visibility monitoring methods specified by the Department shall be reasonably available and not require any research and development; and 

No Change No change to the existing 
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Analysis and Evaluation Federal Requirements 

(2) The cost of visibility monitoring required by the Department shall not exceed fifty percent (50%) of the cost of ambient monitoring required by this Part. If ambient monitoring is not required, the cost shall be estimated as if it were required for each pollutant to which this Part applies. (3) Both preconstruction and post construction visibility monitoring may be required. In each case, the duration of such monitoring shall not exceed one (1) year. 

F. The owner or operator of a major stationary 

source or major modification shall conduct post construction ambient monitoring as the Department determines is necessary to validate attainment of ambient air quality standards and to assure that increments are not exceeded. 

No Change No change to the existing 

G. The owner or operator of a major stationary 

source or major modification shall meet the requirements of 40 CFR 58, Appendix B during the operation of monitoring stations for purposes of satisfying the requirements of this section. 

No Change No change to the existing 

H. The Department has the discretion to exempt a 

stationary source or modification from the requirements of this section with respect to monitoring for a particular pollutant if the emissions of the pollutant from the new source or the net emissions increase of the pollutant from the modification would cause, in any area, increases in ambient concentrations less 

than the levels listed in Table 3 of this Part (20.2.74.503 NMAC). 

No Change No change to the existing 

I. The Department shall exempt a stationary 

source or modification from the requirements 

I. The department shall exempt a stationary source 

or modification from the requirements of this 

Revisions are made to im

Significant Monitoring C
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Analysis and Evaluation Federal Requirements 

of this section with respect to preconstruction monitoring for a particular pollutant if: (1) For ozone, volatile organic compound emissions are less than one hundred (100) tons per year; or (2) The air pollutant is not a regulated pollutant; or (3) The existing ambient concentrations of the pollutant in the area affected by the source or modification are less than the concentrations listed in Table 3 of this Part (20.2.74.503 NMAC). 

section with respect to preconstruction monitoring for a particular pollutant if: (1) for ozone, volatile organic compound 

emissions are less than one hundred (100) tons per year; or 

(2) the air pollutant is not a regulated pollutant; 

or 

(3) the existing ambient concentrations of the 

pollutant in the area affected by that the 

source or modification would affect are less 

than the concentrations listed in Table 3 of this part (20.2.74.503 NMAC); or 

(4) the pollutant is not listed in Table 3 of this 

Part (20.2.74.503 NMAC).

20.2.74.503 NMAC, promOctober 20, 2010. The revisions to 20.2.74.3are consistent with 40 CF(iii). Revisions are approvable

20.2.74.403 ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING CLASS I FEDERAL AREAS: 

20.2.74.403 ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING CLASS I FEDERAL AREAS: 

No change to the existing 

A. The Department shall transmit to the 

Administrator and the Federal Land Manager a copy of each permit application relating to a major stationary source or major modification proposing to locate within one hundred (100) kilometers of any Class I Federal area. The complete permit application shall be transmitted within thirty (30) days of receipt and sixty (60) days prior to any public hearing on the application. The Department shall include all relevant information in the permit application. Relevant information shall include an analysis of the proposed source's anticipated impacts on visibility in the Class I Federal area. The Department shall consult with all affected Federal Land Managers as to the completeness of the permit application and shall consider any analysis performed by the 

No Change No change to the existing 
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Analysis and Evaluation Federal Requirements 

Federal Land Manager concerning the impact of the proposed major stationary source or major modification on air quality related values. This consideration shall include visibility, if such analysis is received within thirty (30) days after the Federal Land Manager receives a copy of the complete application. Additionally, the Department shall notify any affected Federal Land Manager within thirty days (30) from the date the Department receives a request for a preapplication meeting from a proposed source subject to this Part. Notice shall be provided to the Administrator and Federal Land Manager of every action related to the consideration of such permit. The department shall also provide the Federal Land Manager and the Administrator with a copy of the preliminary determination required under 20.2.74.400 NMAC and shall make available to them any materials used in making that determination.  In any case where the Department disagrees with the Federal Land Manager's analysis of source impact on air quality related values, the Department shall, either explain its decision or give notice to the Federal Land Manager as to where the explanation can be obtained. In the case where the Department disagrees with the Federal Land Managers' analysis, the Department will also explain its decision or give notice to the public by advertisement in a newspaper of general circulation in the area in which the proposed source would be constructed, as to where the decision can be obtained. 
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Analysis and Evaluation Federal Requirements 

B. The Department shall transmit to air quality 

control agencies of neighboring states and Indian governing bodies a copy of each permit application having the potential to affect Class I Federal areas or increment consumption in areas under their jurisdiction. The Department shall also provide the affected air quality control agencies and Indian governing bodies 

with a copy of the preliminary determination required under 20.2.74.400 NMAC and shall make available to them any materials used in making that determination. The Department shall include a provision for a sixty (60) day comment period for the Federal Land Managers before any public hearing on a permit application is held. 

No Change No change to the existing 

C. Federal Land Managers may demonstrate to 

the Department that emissions from a proposed source or modification would have an adverse impact on air quality related values, including visibility, of any Class I Federal lands under their jurisdiction. This may be done even though the change in air quality resulting from emissions from the proposed source or modification would not cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I Federal area. If the Department concurs with this demonstration, then the source shall not be issued a permit. 

No Change No change to the existing 

D. Class I Waivers: The owner or operator of a 

proposed source or modification may demonstrate to the Federal Land Manager that the emissions from a proposed source or modification would have no adverse impact on 

D. Class I waivers: The owner or operator of a 

proposed source or modification may demonstrate to the federal land manager that the emissions from a proposed source or modification would have no adverse impact on 

Revisions made to implem

promulgated on October Revisions to 20.2.74.403(with 40 CFR 51.166(p)(4
58

Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

air quality related values, including visibility, of Class I Federal lands under his or her jurisdiction. This may be done even though the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I Federal area. If the Federal Land Manager concurs with such demonstration and so certifies to the Department, the Department may grant a waiver from such maximum allowable increases. Emission limitations must be included in the permit as necessary to assure that emissions of sulfur dioxide, particulate matter, and nitrogen oxides would not exceed the maximum allowable increases over minor source baseline concentrations shown in Table 5 of this Part (20.2.74.505 NMAC). 

air quality related values, including visibility, of Class I federal lands under his or her jurisdiction. This may he done even though the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I federal area. If the federal land manager concurs with such demonstration and so certifies to the department, the department may grant a waiver from such maximum allowable increases. Emission limitations must be included in the permit as necessary to assure that emissions of sulfur dioxide, particulate 

matter PM10, PM2.5, and nitrogen oxides would 

not exceed the maximum allowable increases over minor source baseline concentrations shown in Table 5 of this part (20.2.74.505 NMAC). 

Revisions are approvable

E. For the case where the Federal Land Manager 

does not perform an impact analysis with respect to visibility impairment in a Class I Federal area, the Department may perform such an analysis. The Department shall not issue the source a permit if the Department determines that an adverse impact on visibility would occur. The adverse impact must be due, primarily, to the operation of the proposed source or modification. 

No Change No change to the existing 

F. Sulfur Dioxide Waiver by Governor: The 

owner or operator of a proposed major stationary source or major modification, which cannot be approved under subsection D of 20.2.74.403 NMAC, may demonstrate to the Governor that the source cannot be constructed 

No Change No change to the existing 
59

Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

by reason of an exceedance of a maximum allowable increase for a Class I Federal area for sulfur dioxide for a period of twenty-four (24) hours or less. The owner or operator may also demonstrate that a waiver from this requirement would not adversely affect the air quality related values of the Class I Federal area. The Governor, after consideration of the Federal Land Manager's recommendation and subject to his concurrence, may, after notice and public hearing, grant a waiver from such maximum allowable increase. If the waiver is granted, the Department shall issue a permit to the owner or operator of the source or modification. Any owner or operator of a source or modification who obtains a permit under this section shall comply with sulfur dioxide emissions limitations. These limitations do not allow increases of ambient concentrations, above the baseline concentration, to exceed the levels found in Table 6 of this Part (20.2.74.506 NMAC) for periods of twenty-four (24) hours or less for more than eighteen (18) days, not necessarily consecutive, in any annual period. 

G. Sulfur Dioxide Waiver by Governor with the 

President's Concurrence. In any case where the Governor recommends a waiver in which the Federal Land Manager does not concur, the recommendations of the Governor and the Federal Land Manager shall be transmitted to the President through the office of the Governor. If the President so directs, the Department shall issue the permit. Any source or modification that obtains a permit under this 

No Change No change to the existing 
60

Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

section shall comply with sulfur dioxide emissions limitations. These limitations do not allow increases in ambient concentrations, above the baseline concentration, to exceed the levels found in Table 6 of this Part (20.2.74.506 NMAC) for periods of twentyfour (24) hours or less for more than eighteen (18) days, not necessarily consecutive, in any annual period. 

20.2.74.502 TABLE 2 - SIGNIFICANT EMISSION RATES: 

 Pollutant Emission Rate 

(Tons/YR) 

Carbon Monoxide 100 Fluorides 3 Lead 0.6 Municipal waste combustor: 

Acid gases (measured as sulfur dioxide and hydrogen chloride) Metals (measured as particulate matter Organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) 

40 (36 megagrams/yr) 

15 (14 

megagrams/year) 

0.0000035 (0.0000032 

megagrams/yr) 

Nitrogen oxides 40 Ozone (Volatile Organic Compounds or nitrogen oxides) 

40 

Particulate Matter 

Particulate Matter 25 

20.2.74.502 TABLE 2 - SIGNIFICANT EMISSION RATES: 

 Pollutant Emission Rate 

(Tons/YR) 

Carbon Monoxide 100 Fluorides 3 Lead 0.6 Municipal waste combustor: 

Acid gases (measured as sulfur dioxide and hydrogen chloride) Metals (measured as particulate matter Organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) 

40 (36 megagrams/yr) 

15 (14 

megagrams/year) 

0.0000035 (0.0000032 

megagrams/yr) 

Nitrogen oxides 40 Ozone (Volatile Organic Compounds or nitrogen oxides) 

40 

Particulate Matter 

Particulate Matter 25 

Revisions made to identif

precursors as regulated Nthe PM2.5 SERs as promu

2008. Revisions are consistent w51.166(b)(23)(i) for PM2.

Revisions for PM2.5 are ap
61

Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

Emissions PM10 Emissions 15 

Sulfur Compounds 

Hydrogen sulfide (H2S) Reduced sulfur compounds (incl. H2S) Sulfur dioxide Sulfuric acid mist Total reduced sulfur (incl. H2S) 

10 10 40 

7 

10 

Any other pollutant regulated under the Act that is not listed in this table 

Any emission rate 

Each regulated pollutant 

Emission rate or net emissions increase associated with a major stationary source or major modification that causes an air quality impact of one microgram per cubic meter or greater (24-hr average) in any Class I Federal area located within 10 km of the source. 

Emissions PM10 Emissions 15 

Particulate Matter 2.5

Direct PM2.5

Emissions

Sulfur dioxide 

emissions

Nitrogen oxide 

emissions (unless demonstrated not to be a PM2.5 precursor under Subsection AS of 20.2.74.7 NMAC)

10

4040

Sulfur Compounds 

Hydrogen sulfide (H2S) 

Reduced sulfur compounds (incl. H2S) 

Sulfur dioxide Sulfuric acid mist Total reduced sulfur (incl. H2S) 

10 10 40 

7 

10 

Any other pollutant regulated under the Act that is not listed in this table 

Any emission rate 

Each regulated pollutant 

Emission rate or net emissions increase associated with a major stationary source or major modification that causes an air quality impact of one 
62

Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

microgram per cubic meter or greater (24-hr average) in any Class I Federal area located within 10 km of the source. 

20.2.74.503 TABLE 3 - SIGNIFICANT MONITORING CONCENTRATIONS. 

Pollutant Air Quality 

Concentration Microgram per cubic meter (g/m3) 

Averaging Time 

Carbon monoxide 

575 8 hours 

Fluorides 0.25 24 hours Lead 0.1 3 months Nitrogen dioxide 

14 Annual 

Ozone b Particulate Matter (PM10) 

10 24 hours 

Sulfur compounds Hydrogen sulfide (H2S) Reduced sulfur compounds (incl. H2S) 

0.20 10 

1 hour 1 hour 

20.2.74.503 TABLE 3 - SIGNIFICANT MONITORING CONCENTRATIONS. 

Pollutant Air Quality 

Concentration Microgram per cubic meter (g/m3) 

Averaging Time 

Carbon monoxide 

575 8 hours 

Fluorides 0.25 24 hours Lead 0.1 3 months Nitrogen dioxide 

14 Annual 

Ozone b Particulate Matter (PM10)

10 24 hours 

PM2.5 4 24 hoursSulfur compounds Hydrogen sulfide (H2S) 

Reduced sulfur compounds 

0.20 10 

1 hour 1 hour 

Revisions made to implem

promulgated by EPA on Onotes SMC are also subjewith Sierra Club. In our ACourt, EPA affirms its usgrounded in its inherent aminimis exemptions and iinterpretation of CAA 16Revisions are consistent w51.166(i)(5)(i). Revisions are approvable
63

Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

Sulfur dioxide Sulfuric acid mist Total reduced sulfur (incl. H2S) 

13 a 10 

24 hours 1 hour 

a – No acceptable monitoring techniques available at this time. Therefore, monitoring is not required until acceptable techniques are available. b – No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required 

to perform an ambient impact analysis, including the gathering of ambient air quality data. 

(incl. H2S) 

Sulfur dioxide Sulfuric acid mist Total reduced sulfur (incl. H2S) 

13 a 10 

24 hours 1 hour 

a – No acceptable monitoring techniques available at this time. Therefore, monitoring is not required until acceptable techniques are available. b – No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required 

to perform an ambient impact analysis, including the gathering of ambient air quality data. 

20.2.74.504 TABLE 4 - ALLOWABLE PSD INCREMENTS: 

 Micrograms per cubic 

meter (g/m3) 

Class I 

Class II 

Class III 

Nitrogen Dioxide annual arithmetic mean 

2.5 25 50 

Particulate Matter PM10, 

20.2.74.504 TABLE 4 - ALLOWABLE PSD INCREMENTS: 

 Micrograms per cubic 

meter (g/m3) 

Class I 

Class II 

Class III 

Nitrogen Dioxide annual arithmetic mean 

2.5 25 50 

Particulate Matter PM10, annual 4 17 34 

Revisions made to implem

promulgated by EPA on ORevisions consistent with Revisions are approvable
64

Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

annual arithmetic mean PM10, 24-hour maximum 

4 8a 

17 30a 

34 60a 

Sulfur Dioxide Annual arithmetic mean 24-hour maximum 3-hour maximum 

2 5a 25a 

20 91a 512a 

40 182a 700a 

a – Not to be exceeded more than once per year. 

arithmetic mean PM10, 24-hour 

maximum PM2.5, annual 

arithmetic mean

8a 1

30a 4

60a 8

PM2.5, 24-hour maximum

2a 9a 18a

Sulfur Dioxide Annual arithmetic mean 24-hour maximum 3-hour maximum 

2 5a 25a 

20 91a 512a 

40 182a 700a 

a – Not to be exceeded more than once per year. 

20.2.74.505 TABLE 5 - MAXIMUM ALLOWABLE INCREASES FOR CLASS I WAIVERS: 

 Micrograms per cubic 

meter (g/m3) 

Nitrogen Dioxide annual arithmetic mean 

25 

Particulate Matter PM10, annual arithmetic mean PM10, 24-hour maximum 

17 30 

Sulfur Dioxide 

20.2.74.505 TABLE 5 - MAXIMUM ALLOWABLE INCREASES FOR CLASS I WAIVERS: 

 Micrograms per cubic 

meter (g/m3) 

Nitrogen Dioxide annual arithmetic mean 

25 

Particulate Matter PM10, annual 

arithmetic mean PM10, 24-hour maximum PM2.5, annual 

17 30 

4

Revisions made to implem

promulgated by EPA on ORevisions are consistent wRevisions are approvable
65

Existing NM SIP Approved by EPA on July 20, 2011 76 FR 43149 

Revisions to 20.2.74 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

Annual arithmetic mean 24-hour maximum 3-hour maximum 

20 91 

325 

arithmetic mean

PM2.5, 24-hour 

maximum

9

Sulfur Dioxide Annual arithmetic mean 24-hour maximum 3-hour maximum 

20 91 

325 
66

III.D. Evaluation of the June 11, 2009 and May 23, 2011 SIP Submittals with respect to the 

federal requirements for NNSR Permit Programs

On September 5, 2007, at 72 FR 50879, EPA SIP-approved amendments to 20.2.79 NMAC that 

were adopted on December 6, 2005 to implement the NSR Reform Provisions. Subsequent to the 

revisions adopted on December 6, 2005, the NMED adopted revisions to 20.2.79 NMAC on July 

31, 2009, effective August 31, 2009; and May 3, 2011, effective June 3, 2011. These revisions 

were submitted as separate revisions to the New Mexico SIP. New Mexico Governor Bill 

Richardson submitted the revisions adopted on July 31, 2009, on June 11, 2009. New Mexico 

Governor Susana Martinez submitted the revisions adopted on May 3, 2011, on May 23, 2011. 

The following tables evaluate the revisions to 20.2.79 NMAC submitted on June 11, 2009, and 

May 23, 2011. These revisions intend to address the requirements of the November 29, 2005 

Phase 2 8-hour Ozone Implementation Rule, and the May 2008 and October 2010 PM2.5

PSD/NNSR Implementation Rules, and the December 21, 2007 Reasonable Possibility in 

Recordkeeping Rules. 

The following tables will provide a comparison of the existing SIP-approved language, the 

revised language and any applicable federal requirements – along with an analysis of whether the 

submitted revisions are approvable into the New Mexico NNSR SIP. Note that the June 11, 2009 

submittal revised three sections of 20.2.79 NMAC; specifically Sections 7, 109 and 115. The 

May 23, 2011 submittal revised 3 sections of 20.2.79 NMAC; specifically Sections 7, 109 and 

119. The following table presents and analyzes only revisions to these sections of 20.2.79 

NMAC. The remaining sections are unchanged from the version most recently SIP-approved by 

EPA. 
67

Table III.D.1 – Evaluation of June 11, 2009 and May 23, 2011 Revisions to 20.2.79.7 NMAC Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

20.2.79.7 – Definitions: In addition to the terms defined in 20.2.2 NMAC (Definitions), as used in this part, the following terms apply. 

NO CHANGE NO CHANGE No changes 

SIP-approv

A. “Actual emissions” means the 

actual rate of emissions of a regulated new source review pollutant from an emissions unit, as determined in accordance with the following, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a plantwide applicability limit under 20.2.79.120 NMAC. Instead, Subsections E and AI of this section shall apply for those purposes. (1) In general, actual emissions 

as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative of normal source operation. The department shall allow the 

NO CHANGE NO CHANGE No changes 

SIP-approv
68

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

use of a different time period upon a determination that it is more representative of normal source operation.  Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period. 

(2) The department may 

presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit. 

(3) For any emissions unit that 

has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date. 

B. “Administrator” means the 

administrator of the U.S. Environmental Protection Agency (EPA) or an authorized representative. 

NO CHANGE NO CHANGE No changes 

SIP-approv

C. “Adverse impact on 

visibility” means visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the mandatory federal class I area. 

NO CHANGE NO CHANGE No changes 

SIP-approv
69

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

 This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairments and how these factors correlate with:  1) times of visitor use of the mandatory federal class I area; and 2) the frequency and timing of natural conditions that reduce visibility. This term does not include effects on integral vistas as defined in 40 CFR 51.301 Definitions. 

D. “Allowable emissions” means 

the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following: (1) the applicable standard set 

forth in 40 CFR Part 60 or 61; 

(2) any applicable state 

implementation plan emissions limitation including those with a future compliance date; or 

(3) the emissions rate specified 

NO CHANGE NO CHANGE No changes 

SIP-approv
70

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

as a federally enforceable permit condition, including those with a future compliance date. 

E. “Baseline actual 

emissions” means the rate of emissions, in tons per year, of a regulated new source review pollutant, as determined in accordance with the following. 

(1) For any existing electric 

utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator begins actual construction of the project.  The department shall allow the use of a different time period upon a determination that it is more representative of normal source operation. (a) The average rate shall 

include fugitive emissions to the extent quantifiable, and emissions associated 

NO CHANGE NO CHANGE No changes 

SIP-approv
71

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

with startups, shutdowns, and malfunctions. 

(b) The average rate shall 

be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period. 

(c) For a regulated new 

source review pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated new source review pollutant. 

(d) The average rate shall 

not be based on any consecutive 24-month period for which there is inadequate information 
72

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparagraph (b) of Paragraph (1) of this subsection. 

(2) For an existing emissions 

unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the department for a permit required either under this section or under a plan approved by the administrator, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990. 
73

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

(a) The average rate shall 

include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions. 

(b) The average rate shall 

be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period. 

(c) The average rate shall 

be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an 
74

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of Subsection D of 20.2.79.115 NMAC. 

(d) For a regulated new 

source review pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated new 
75

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

source review pollutant. 

(e) The average rate shall 

not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Subparagraphs (b) and (c) of Paragraph (2) of this subsection. 

(3) For a new emissions unit, the 

baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit. 

(4) For a plantwide applicability 

limit for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in Paragraph (1) of this subsection, for other existing emissions units in 
76

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

accordance with the procedures contained in Paragraph (2) of this subsection, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) of this subsection. 

F. “Begin actual 

construction” means in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building support and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operating this term refers to those on-site activities other than preparatory activities which mark the initiation of the change. 

NO CHANGE NO CHANGE No changes 

SIP-approv

G. “Best available control 

technology (BACT)” means an 

emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated new source review pollutant which would be emitted from any proposed major stationary source 

NO CHANGE NO CHANGE No changes 

SIP-approv
77

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

or major modification which the department, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Part 60 or 61. If the department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to 
78

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. 

H. “Building, structure, facility, or 

installation” means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control).  Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same “major group” (i.e., which have the same two-digit code) as described in the standard industrial classification manual, 1972, as amended by the 1977 supplement (U.S. government printing office stock numbers 4101-0066 and 003-005-00176-0, respectively). 

NO CHANGE NO CHANGE No changes 

SIP-approv

I. “Commence” as applied to 

construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals or permits and either 

NO CHANGE NO CHANGE No changes 

SIP-approv
79

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

has: (1) begun, or caused to begin, a 

continuous program of actual on-site construction of the source, to be completed within a reasonable time; or 

(2) entered into binding 

agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time. 

J. “Construction” means any 

physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in a change in actual emissions. 

NO CHANGE NO CHANGE No changes 

SIP-approv

K. “Continuous emissions 

monitoring system” (CEMS) 

means all of the equipment that may be required to meet the data acquisition and availability requirements of this section, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis. 

NO CHANGE NO CHANGE No changes 

SIP-approv

L. “Continuous emissions rate NO CHANGE NO CHANGE No changes 
80

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

monitoring system” (CERMS) means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time). 

SIP-approv

M. “Continuous parameter 

monitoring system” (CPMS) 

means all of the equipment necessary to meet the data acquisition and availability requirements of this section, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, oxygen or carbon dioxide concentrations), and to record average operational parameter value(s) on a continuous basis. 

NO CHANGE NO CHANGE No changes 

SIP-approv

N. “Electric utility steam 

generating unit” means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a 

NO CHANGE NO CHANGE No changes 

SIP-approv
81

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility. 

O. “Emissions unit” means any 

part of a stationary source that emits or would have the potential to emit any regulated new source review pollutant and includes an electric steam generating unit as defined in Subsection N of this section. For purposes of this section, there are two types of emissions units. (1) A new emissions unit is any 

emissions unit which is (or will be) newly constructed and which has existed for less than 2 years from the date such emissions unit first operated. 

(2) An existing emissions unit is 

any emissions unit that does not meet the requirements in Paragraph (1) of this subsection. A replacement unit, as defined in this section, is an existing unit. 

NO CHANGE NO CHANGE No changes 

SIP-approv

P. “Federal class I area” means 

any Federal land that is classified or reclassified “class I”. 

NO CHANGE NO CHANGE No changes 

SIP-approv

Q. “Federal land manager” means, NO CHANGE NO CHANGE No changes 
82

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

with respect to any lands in the United States, the secretary of the department with authority over such lands. 

SIP-approv

R. “Federally enforceable” means 

all limitations and conditions which are enforceable by the administrator, 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 No changes 

SIP-approv

S. “Fugitive emissions” means 

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

NO CHANGE NO CHANGE No changes 

SIP-approv

T. “Lowest achievable emission 

rate” means, for any source, the more stringent rate of emissions based on the following: (1) the most stringent emissions 

limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed 

NO CHANGE NO CHANGE No changes 

SIP-approv
83

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

stationary source demonstrates that such limitations are not achievable; or 

(2) the most stringent emissions 

limitation which is achieved in practice by such class or category of stationary source; this limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source; in no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance. 

U. “Major modification” means 

any physical change in or change in the method of operation of a major stationary source that would result in a significant emissions increase of a regulated new source review pollutant (as defined in this section); and a significant net emissions increase of that pollutant from the major stationary source. Any 

U. “Major modification” means 

any physical change in or change in the method of operation of a major stationary source that would result in a significant emissions increase of a regulated new source review pollutant (as defined in this section); and a significant net emissions increase of that pollutant from the major stationary source. Any 

NO CHANGE The new se

“Major Mothe June 11adopted by the Phase 2 NNSR requNovember 2The new pr20.2.79.7(U
84

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

significant emissions increase (as defined in this section) from any emissions units or net emissions increase (as defined in this section) at a major stationary source that is significant for volatile organic compounds or oxides of nitrogen shall be considered significant for ozone. (1) A physical change or change 

in the method of operation shall not include: (a) routine maintenance, 

repair, and replacement; 

(b) use of an alternative fuel 

or raw material by reason of an order under Section 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the federal Power Act; 

(c) use of an alternative fuel 

by reason of an order or rule under Section 125 of the federal Clean Air Act; 

(d) use of an alternative fuel 

at a steam generating 

significant emissions increase (as defined in this section) from any emissions units or net emissions increase (as defined in this section) at a major stationary source that is significant for volatile organic compounds or oxides of nitrogen shall be considered significant for ozone. (1). A physical change or change 

in the method of operation shall not include: (a) routine maintenance, 

repair, and replacement; 

(b) use of an alternative fuel 

or raw material by reason of an order under Section 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the federal Power Act; 

(c) use of an alternative fuel 

by reason of an order or rule under Section 125 of the federal Clean Air Act; 

(d) use of an alternative fuel 

at a steam generating 

consistent wCFR 51.165These new 
85

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

unit to the extent that the fuel is generated from municipal solid waste; 

(e) use of an alternative fuel 

or raw material by a stationary source which: 

1. the source was 

capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; or 

2. the source is 

approved to use under any permit issued under 40 CFR 52.21 or under regulations 

unit to the extent that the fuel is generated from municipal solid waste; 

(e) use of an alternative fuel 

or raw material by a stationary source which: 

i. the source was 

capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; or 

ii. the source is 

approved to use under any permit issued under 40 CFR 52.21 or under regulations 
86

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

approved pursuant to 40 CFR 51.166; 

(f) an increase in the hours 

of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit which was established after December 21, 1976, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; 

(g) any change in 

ownership at a stationary source; or 

(h) the installation, 

operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with the state implementation plan for the state in which is project is located, and other requirements necessary to attain and maintain the national 

approved pursuant to 40 CFR 51.166; 

(f) an increase in the hours 

of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit which was established after December 21, 1976, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; 

(g) any change in 

ownership at a stationary source; or 

(h) the installation, 

operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with the state implementation plan for the state in which is project is located, and other requirements necessary to attain and maintain the national 
87

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

ambient air quality standards during the project and after it is terminated. 

(2) This definition shall not 

apply with respect to a particular regulated new source review pollutant when the major stationary source is complying with the requirements under 20.2.79.120 NMAC for a plantwide applicability limit for that pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.2.79.120 NMAC shall apply. 

ambient air quality standards during the project and after it is terminated. 

(2). This definition shall not 

apply with respect to a particular regulated new source review pollutant when the major stationary source is complying with the requirements under 20.2.79.120 NMAC for a plantwide applicability limit for that pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.2.79.120 NMAC shall apply. 

(3). For purposes of applying the 

requirements of Subsection H of 20.2.79.109 NMAC to modifications at major stationary sources of nitrogen oxides located in ozone nonattainment areas or in ozone transport regions, whether or not subject to subpart 2, part D, title I of the federal Clean Air Act, any significant net emissions increase of nitrogen oxides is considered significant for ozone.

(4). Any physical change in, or 
88

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

change in the method of operation of a major stationary source of volatile organic compounds that results in any increase in emissions of volatile organic compounds from any discrete operation, emissions unit, or other pollutant emitting activity at the source shall be considered a significant net emissions increase and a major modification for ozone, if the major stationary source is located in an extreme ozone nonattainment area that is subject to subpart 2, part D, title I of the federal Clean Air Act.

V. “Major stationary 

source” means the following. (1). Any stationary source of air 

pollutants which emits, or has the potential to emit, 100 tons per year or more of any regulated new source review pollutant subject to regulation under the federal Clean Air Act. 

(2). Any physical change that 

would occur at a stationary source not qualifying under Paragraph (1) of this 

V. “Major stationary 

source” means the following. (1). Any stationary source of air 

pollutants which emits, or has the potential to emit, 100 tons per year or more of any regulated new source review pollutant except that lower 

emission thresholds shall apply in areas subject to subpart 2. Subpart 3, or subpart 4 of part D, title I of the subject to regulation

under the federal Clean Air 

NO CHANGE The June 11

definition oSource” at 2adopted to irequiremenOzone Implpublished N71698). Revisions to consistent wCFR 51.165New section
89

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

definition as a major stationary source, if the change would constitute a major stationary source by itself. 

(3). A major stationary source 

that is major for volatile organic compounds or oxides of nitrogen shall be considered major for ozone. 

(4). A stationary source shall not 

be a major stationary source due to fugitive emissions, to the extent they are quantifiable, unless the source belongs to: (a) any category in 

Subsection B of 20.2.79.119 NMAC; or 

(b) any other stationary 

source category which as of August 7, 1980 is being regulated under Section 111 or 112 of the federal Clean Air Act. 

(5). A stationary source shall not 

be a major stationary source due to secondary emissions. 

Act, according to 

Subparagraphs (a) through (f) of Paragraph (1) of Subsection V of 20.2.79.7 NMAC.

(a) 50 tons per year of 

volatile organic compounds in any serious ozone nonattainment area. 

(b) 50 tons per year of 

volatile organic compounds in an area within an ozone transport region, except for any severe or extreme ozone nonattainment area. 

(c) 25 tons per year of 

volatile organic compounds in any severe ozone nonattainment area. 

(d) 10 tons per year of 

volatile organic compounds in any extreme ozone nonattainment area. 

(e) 50 tons per year of carbon 

monoxide in any serious nonattainment area for carbon monoxide, where stationary sources contribute significantly to carbon monoxide levels 

are consisteCFR 51.165New sectionconsistent wCFR 51.165New sectionconsistent wCFR 51.165Revisions to consistent wCFR 51.165These revisimplementaNNSR perm
90

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

in the area (as determined under rules issued by the United States environmental protection agency administrator) 

(f) 70 tons per year of PM10

in any serious 

nonattainment area for PM10. 

(2). For the purposes of applying 

the requirements of Subsection H of 20.2.79.109 NMAC to stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region, any stationary source which emits, or has the potential to emit, 100 tons per year or more of nitrogen oxides emissions, except that the emission thresholds in Subparagraphs (a) through (f) of Paragraph (1) of Subsection V of 20.2.79.7 NMAC shall apply in areas subject to subpart 2 of part D, title I of the federal Clean Air Act 

(a) 100 tons per year or more 

of nitrogen oxides in any ozone nonattainment area classified as marginal or moderate. 

(b) 100 tons per year or more 
91

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

of nitrogen oxides in any ozone nonattainment area classified as a transitional, submarginal, or incomplete or no data area, when such area is located in an ozone transport region.

(c) 100 tons per year or more 

of nitrogen oxides in any area designated under section 107(D) if the federal Clean Air Act as attainment or unclassifiable for ozone that is located in an ozone transport region 

(d) 50 tons per year or more 

of nitrogen oxides in any

serious nonattainment 

area for ozone 

(e) 25 tons per year or more 

of nitrogen oxides in any severe nonattainment area for ozone 

(f) 10 tons per year or more 

of nitrogen oxides in any extreme nonattainment area for ozone; or

(3). Any physical change that 

would occur at a stationary source not qualifying under Paragraph (1) or 2 of this 

definition as a major 
92

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

stationary source, if the change would constitute a major stationary source by itself. 

(4). A major stationary source that 

is major for volatile organic compounds or oxides of nitrogen shall be considered major for ozone. 

(5). A stationary source shall not 

be a major stationary source due to fugitive emissions, to the extent they are quantifiable, unless the source belongs to: (a) any category in 

Subsection B of 20.2.79.119 NMAC; or 

(b) any other stationary 

source category which as of August 7, 1980 is being regulated under Section 111 or 112 of the federal Clean Air Act. 

(6). A stationary source shall not 

be a major stationary source due to secondary emissions. 

W. “Mandatory federal class I 

area” means those federal lands 

that are international parks, national wilderness areas which exceed five thousand (5,000) acres in size, national memorial parks which exceed five 

NO CHANGE NO CHANGE No changes 

SIP-approv
93

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

thousand (5,000) acres in size, and national parks which exceed six thousand (6,000) acres in size, and which were in existence on August 7, 1977. These areas may not be redesignated. 

X. “Natural conditions” includes 

naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast or coloration. 

NO CHANGE NO CHANGE No changes 

SIP-approv

Y. “Necessary preconstruction 

approvals or permits” means 

those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part of the applicable state implementation plan. 

NO CHANGE NO CHANGE No changes 

SIP-approv

Z. “Net emissions increase”. 

(1). With respect to any 

regulated new source review pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero: (a) the increase in 

emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to 

NO CHANGE NO CHANGE No changes 

SIP-approv
94

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

Subsection E of 20.2.79.109 NMAC; and 

(b) any other increases and 

decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating increases and decreases shall be determined as provided in Subsection E of this section, except that Subparagraphs (c) and (d) of Paragraph (2) of Subsection E of this section shall not apply. 

(2). An increase or decrease in 

actual emissions is contemporaneous with the increase from the particular change only if it occurs within the time period five years prior to the commencement of construction on the particular change and the date that the increase from the particular change occurs; 
95

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

(3). An increase or decrease in 

actual emissions is creditable only if: 

(a) it occurs within the 

time period five years prior to the commencement of construction on the particular change and the date that the increase from the particular change occurs; and 

(b) either the department 

or the administrator has not relied on it in issuing a permit for the source under regulations approved pursuant to this section, which permit is in effect when the increase in actual emissions from the particular change occurs. 

(4). An increase in actual 

emissions is creditable only to the extent that the new level of actual emissions exceeds the old level. 

(5). A decrease in actual 

emissions is creditable only to the extent that: 
96

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

(a) the old level of actual 

emissions or the old level of allowable emissions whichever is lower, exceeds the new level of actual emissions; 

(b) it is enforceable as a 

practical matter at and after the time that actual construction on the particular change begins; 

(c) the department has 

not relied on it in issuing any permit under regulations approved pursuant to 40 CFR Part 51 Subpart I or the state has not relied on it in demonstrating attainment or reasonable further progress; and 

(d) it has approximately 

the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. 

(6). An increase that results from 

a physical change at a source 
97

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant.  Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. 

(7). Paragraph (1) of Subsection 

A of this section shall not apply for determining creditable increases and decreases or after a change. 

AA.“Nonattainment area” means, 

for any air pollutant 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 ambient air quality standard for such pollutant. Such term includes any area identified under Subparagraphs (A) through (C) of Section 107(d)(1) of the federal Clean Air Act. 

NO CHANGE NO CHANGE No changes 

SIP-approv

AB. “Nonattainment major new 

source review (NSR) program” means a major source preconstruction permit program 

NO CHANGE NO CHANGE No changes 

SIP-approv
98

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

that has been approved by the administrator and incorporated into the New Mexico state implementation plan to implement the requirements of 40 CFR 51.165, or a program that implements 40 CFR Part 51, Appendix S, Sections I through VI. Any permit issued under such a program is a major new source review permit.

AC. “Part” means an air quality 

control regulation under Title 20, Chapter 2 of the New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the board. 

NO CHANGE NO CHANGE No changes 

SIP-approv

AD.“Portable stationary 

source” means a source which 

can be relocated to another operating site with limited dismantling and reassembly. 

NO CHANGE NO CHANGE No changes 

SIP-approv

AE. “Potential to emit” means the 

maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or 

NO CHANGE NO CHANGE No changes 

SIP-approv
99

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. 

AF. “Predictive emissions 

monitoring system” (PEMS) means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, oxygen or carbon dioxide concentrations), and calculate and record the mass emissions rate (for example, pounds per hour) on a continuous basis. 

NO CHANGE NO CHANGE No changes 

SIP-approv

AG.“Prevention of significant 

deterioration (PSD) permit” means any permit that is 

issued under 20.2.74 NMAC. 

NO CHANGE NO CHANGE No changes 

SIP-approv

AH.“Project” means a physical 

change in, or change in the method of operation of, an existing major stationary source. 

NO CHANGE NO CHANGE No changes 

SIP-approv

AI. “Projected actual 

emissions” means, the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated new source review pollutant in 

NO CHANGE NO CHANGE No changes 

SIP-approv
100

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

any one of the 5 years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit of that regulated new source review pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. In determining the projected actual emissions before beginning actual construction, the owner or operator of the major stationary source: (1) shall consider all relevant 

information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under the approved plan; and 
101

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

(2) shall include fugitive 

emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and 

(3) shall exclude, in calculating 

any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under Subsection E of this section and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or, 

(4) in lieu of using the method 

set out in Paragraphs (1) through (3) of this subsection, may elect to use the emissions unit's potential to emit, in tons per year, as defined under Subsection AE of this section. 

AJ. “Regulated new source review 

pollutant”, for purposes of this 

NO CHANGE AJ. "Regulated new source review 

pollutant", for purposes of this 

Revisions to Pollutant” d
102

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

section, means the following: (1) nitrogen oxides or any 

volatile organic compounds; 

(2) any pollutant for which a 

national ambient air quality standard has been promulgated; or 

(3) any pollutant that is a 

constituent or precursor of a general pollutant listed in Paragraphs (1) or (2) of this subsection, provided that a constituent or precursor pollutant may only be regulated under new source review as part of regulation of the general pollutant. 

section, means the following: 1. nitrogen oxides or any 

volatile organic compounds; 

2. any pollutant for which a 

national ambient air quality standard has been promulgated; 

3. any pollutant that is 

identified under this 

paragraph (Paragraph (3) of Subsection AJ of 20.2.79.7

NMAC) as a constituent or 

precursor of a general pollutant listed in Paragraphs (1) or (2) of this subsection, provided that a

such constituent or 

precursor pollutant may only be regulated under new source review as part of regulation of the general pollutant; precursors 

identified by the administrator for purposes

of NSR are the following:

a. volatile organic

compounds and nitrogen 

oxides are precursors to ozone in all ozone

nonattainment areas;

b.sulfur dioxide is a 

precursor to PM2.5 in all PM2.5 nonattainrnent areas:

to identify P

allow for prthe PSD proPM2.5. Thepromulgate2008, at 73 The revisio(d) NMAC CFR 51.16573 FR 2832These revisThe revisionPollutant” tlanguage at are consisteat 40 CFR 5See 73 FR 2These revis
103

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

c. nitrogen oxides are 

presumed to be precursors to PM2.5 in all PM2.5 nonattainment areas unless the state demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of nitrogen

oxides from sources in a 

specific area are not a significant contributor to that area's ambient PM2.5

concentrations;

d. volatile organic 

compounds and ammonia are presumed not to be precursors to PM2.5 in any

PM2.5 nonattainment area,

unless the state 

demonstrates to the administrator's satisfaction or EPA demonstrates that

emissions of volatile 

organic compounds or ammonia from sources in a specific area are a significant contributor to

that area's ambient PM2.5

concentrations; or

4. PM2.5emissions and 

PM10emissions shall include 
104

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

gaseous emissions from a source or activity which condense to form

particulate matter at 

ambient temperatures; on or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5and PM10 in nonattainment major NSR permits;

compliance with emissions 

limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan; 

applicability determinations 

made prior to this date

without accounting for

condensable particulate 

matter shall not be considered in violation of this section unless the

applicable implementation 

plan required condensable particulate matter to be included.
105

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

AK.“Replacement Unit” means an 

emission unit for which all of the following criteria are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (1) The emissions unit is a 

reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit. 

(2) The emissions unit is 

identical to or functionally equivalent to the replaced emissions unit. 

(3) The replacement unit does 

not change the basic design parameter(s) of the process unit. 

(4) The replaced emissions unit 

is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions 

NO CHANGE NO CHANGE No changes 

SIP-approv
106

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

unit. 

AL. “Secondary emissions” means 

emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this section, secondary emissions must be specific, well defined, quantifiable, and impact the same general area 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 major stationary source or major 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 No changes 

SIP-approv

AM. “Significant” means, in 

reference to a net emissions increase or the potential of a source to emit any of the 

AM. “Significant” means, 

1) in reference to a net emissions 

increase or the potential of a source to emit any of the 

AM. “Significant” means, 

1) in reference to a net emissions 

increase or the potential of a source to emit any of the 

The new prof “Signific11, 2009 suimplement t
107

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

following pollutants, a rate of emissions that would equal or exceed any of the following rates: carbon monoxide, 100 tons per year; nitrogen oxides, 40 tons per year; sulfur dioxide, 40 tons per year; PM-10 emissions, 15 tons per year; ozone, 40 tons per year of volatile organic compounds; lead, 0.6 tons per year. 

following pollutants, a rate of emissions that would equal or exceed any of the following rates: carbon monoxide, 100 tons per year; nitrogen oxides, 40 tons per year; sulfur dioxide, 40 tons per year; PM10

emissions, 15 tons per year; ozone, 40 tons per year of volatile organic compounds or 

nitrogen oxides; lead, 0.6 tons 

per year. 

2) Notwithstanding the significant 

emissions rate for ozone in Paragraph (1) of Subsection AM of 20.2.79.7 NMAC, significant means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of volatile organic compounds that would result from any physical change in, or change in the method of operation of, a major stationary source locating in a serious or severe ozone nonattainment area that is subject to subpart 2, part D, title I of the federal Clean Air Act, if such emissions increase of volatile organic compounds exceeds 25 tons per year. 

3) For the purposes of applying the 

requirements of Subsection H of 20.2.79.109 NMAC to 

following pollutants, a rate of emissions that would equal or exceed any of the following rates:  carbon monoxide, 100 tons per year; nitrogen oxides, 40 tons per year; sulfur dioxide, 40 tons per year; PM10 emissions, 15 tons per 

year; ozone, 40 tons per year of volatile organic compounds or nitrogen oxides; lead, 0.6 tons per year; PM2.5: 10 tpy of direct PM2.5

emissions, 40 tpy of sulfur 

dioxide emissions, 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM2.5

precursor under Subsection AJ of 

20.2.79.7 NMAC.

2) Notwithstanding the significant 

emissions rate for ozone in Paragraph (1) of Subsection AM of 20.2.79.7 NMAC, significant means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of volatile organic compounds that would result from any physical change in, or change in the method of operation of, a major stationary source locating in a serious or severe ozone nonattainment area that is subject to subpart 2, part D, title I of the federal Clean Air Act, if such emissions increase of 

the Phase 2 rule.  The new 

20.2.79submittconsisteat 40 CF

 The new 

20.2.79submittconsisteat 40 CF

 The new 

20.2.79submittconsisteat 40 CF

 The new 

20.2.79submittconsisteat 40 CF

 The new 

20.2.79submittconsisteat 40 CF

The revisioNMAC subare approvaimplement trequiremen
108

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

modifications at major stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region, the significant emission rates and other requirements for volatile organic compounds in Paragraphs (1), (2), and (5) of Subsection AM of 20.2.79.7 NMAC shall apply to nitrogen oxides emissions.

4) Notwithstanding the significant 

emissions rate for carbon monoxide under Paragraph (1) of Subsection AM of 20.2.79.7 NMAC significant means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of carbon monoxide that would result from any physical change in, or change in the method of operation of, a major stationary source in a serious nonattainment area for carbon monoxide if such increase equals or exceeds 50 tons per year, provided the U.S. environmental protection agency

administrator has determined 

that stationary sources contribute significantly to carbon monoxide levels in that 

volatile organic compounds exceeds 25 tons per year. 

3) For the purposes of applying the 

requirements of Subsection H of 20.2.79.109 NMAC to modifications at major stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region, the significant emission rates and other requirements for volatile organic compounds in Paragraphs 

(1), (2), and (5) of Subsection AM of 20.2.79.7 NMAC shall apply to nitrogen oxides emissions. 

4) Notwithstanding the significant 

emissions rate for carbon monoxide under Paragraph (1) of Subsection AM of 20.2.79.7 NMAC significant means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of carbon monoxide that would result from any physical change in, or change in the method of operation of, a major stationary source in a serious nonattainment area for carbon monoxide if such increase equals or exceeds 50 tons per year, provided the U.S. environmental protection agency administrator has determined that stationary sources contribute 

The new prof “Signific23, 2011 suimplement tfor PM2.5 pe

16, 2008 fin The new 

20.2.79submittconsisteat 40 CF

The revisiosubmitted oapprovable implement tprovisions f
109

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

area.

5) Notwithstanding the significant 

emissions rates for ozone under Paragraphs (1) and (2) of Subsection AM of 20.2.79.7 NMAC, any increase in actual emissions of volatile organic compounds from any emissions unit at a major stationary source of volatile organic compounds located in an extreme ozone nonattainment area that is subject to subpart 2, part D, title I of the federal Clean Air Act shall be considered a significant net emissions increase.

significantly to carbon monoxide levels in that area. 

5) Notwithstanding the significant 

emissions rates for ozone under Paragraphs (1) and (2) of Subsection AM of 20.2.79.7 NMAC, any increase in actual emissions of volatile organic compounds from any emissions unit at a major stationary source of volatile organic compounds located in an extreme ozone nonattainment area that is subject to subpart 2, part D, title I of the federal Clean Air Act shall be considered a significant net emissions increase. 

AN.“Significant emissions 

increase” means, for a regulated 

new source review pollutant, an increase in emissions that is significant (as defined in Subsection AM of this section) for that pollutant. 

NO CHANGE NO CHANGE No changes 

SIP-approv

AO.“Stationary source” means any 

building, structure, facility, or installation which emits or may emit any regulated new source review pollutant. 

NO CHANGE NO CHANGE No changes 

SIP-approv

AP. “Temporary source” means a 

stationary source which changes its location or ceases to exist within one year from the date of initial start of operations. 

NO CHANGE NO CHANGE No changes 

SIP-approv
110

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.7 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.7 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

AQ.“Visibility impairment” means 

any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions. 

NO CHANGE NO CHANGE No changes 

SIP-approv
111

Table III.D.2 – Evaluation of the June 11, 2009 and May 23, 2011 Revisions to 20.2.79.109 NMAC Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

20.2.79.109 APPLICABILITY 20.2.79.109 APPLICABILITY 20.2.79.109 APPLICABILITY No changes 

SIP-approv

A. Any person constructing any new 

major stationary source or major modification shall obtain a permit from the department in accordance with the requirements of this part prior to the start of construction or modification if either of the following conditions apply: a. the major stationary source 

or major modification will be located within a nonattainment area so designated pursuant to Section 107 of the federal Clean Air Act and will emit a regulated pollutant for which it is major and which the area is designated nonattainment for; or 

b. the major stationary source 

or major modification will be located within an area designated attainment or unclassifiable pursuant to Section 107 of the federal Clean Air Act and will emit a regulated pollutant for which it is major and the ambient impact of such 

NO CHANGE NO CHANGE No changes 

SIP-approv
112

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

pollutant would exceed any of the significance levels in Subsection A of 20.2.79.119 NMAC at any location that does not meet any national ambient air quality standard for the same pollutant. (See Subsection D of 20.2.79.109 NMAC.) 

B. The requirements of this part 

apply to each regulated pollutant meeting the criteria of either Paragraph (1) or Paragraph (2) of Subsection A of 20.2.79.109 NMAC. 

NO CHANGE NO CHANGE No changes 

SIP-approv

C. For an area which is 

nonattainment for ozone, volatile organic compounds and oxides of nitrogen are the regulated pollutants which may make this part applicable under the provisions of Paragraph (1) of Subsection A of 20.2.79.109 NMAC. 

NO CHANGE NO CHANGE No changes 

SIP-approv

D. Other requirements. 

a. A new major stationary 

source or major modification which meets the criteria of Paragraph (2) of Subsection A of 20.2.79.109 NMAC shall demonstrate that the source or modification will not cause or contribute to a violation of any national ambient air quality standard 

NO CHANGE NO CHANGE No changes 

SIP-approv
113

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

by meeting the following requirements and no others of this part: 

i. Paragraph (2) of 

Subsection C of 20.2.79.112 NMAC regarding emission offsets; 

ii. Subsection D of 

20.2.79.112 NMAC regarding a net air quality benefit; 

iii. 20.2.79.114 NMAC - 

Emission Offset Baseline; 

iv. 20.2.79.115 NMAC - 

Emission Offset; and 

v. 20.2.79.117 NMAC - 

Air Quality Benefit. 

b. In addition , a new source or 

modification which meets the criteria of Paragraph (2) of Subsection A of 20.2.79.109 NMAC and is also a major stationary source or major modification as defined in 20.2.74 NMAC (prevention of significant deterioration (PSD)), shall obtain a PSD permit under the provisions of 20.2.74 NMAC. 

E. Applicability procedures. 

a. Except as otherwise 

provided in Paragraphs (3) 

NO CHANGE NO CHANGE No changes 

SIP-approv
114

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

and (4) of this subsection, and consistent with the definition of major modification, a project is a major modification for a regulated new source review pollutant if it causes two types of emissions increases - a significant emissions increase (as defined in Subsection AM of 20.2.79.7 NMAC), and a significant net emissions increase (as defined in Subsections Z and AM of 20.2.79.7 NMAC).  The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase. 

b. The procedure for 

calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being modified, according to 
115

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

Paragraphs (3) and (4) of this subsection. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the definition of net emissions increase. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase. 

c. Actual-to-projected-actual 

applicability test for projects that involve existing emissions units. A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions (as defined in Paragraphs (1) and (2) of Subsection E of 20.2.79.7 NMAC, as applicable), for each existing emissions unit, 
116

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

equals or exceeds the significant amount for that pollutant (as defined in Subsection AM of 20.2.79.7 NMAC). 

d. Actual-to-potential test for 

projects that involve construction of a new emissions unit(s). A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions (as defined in Paragraph (3) of Subsection E of 20.2.79.7 NMAC) of these units before the project equals or exceeds the significant amount for that pollutant (as defined in Subsection AM of 20.2.79.7 NMAC). 

e. Hybrid test for projects that 

involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each 
117

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

emissions unit, using the method specified in Paragraphs (3) and (4) of this subsection as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant.  For example, if a project involves both an existing emissions unit and a new emissions unit, the projected increase is determined by summing the values determined using the method specified in Paragraph (3) of this subsection for the existing unit and determined using the method specified in Paragraph (4) of this subsection for the new unit. 

f. For any major stationary 

source for a PAL for a regulated new source review pollutant, the major stationary source shall comply with requirements under 20.2.79.120 NMAC. 

F. The following specific provisions 

apply to projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where the 

NO CHANGE F. Except as otherwise provided in 

Paragraph (6) under this Subsection (Subsection F of 20.2.79.109 NMAC), the 

following specific provisions apply to with respect to any 

The revisio(F)(6) NMA2011, implepossibility” EPA’s FinaPossibility I
118

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

owner or operator elects to use the method specified in Paragraphs (1) through (3) of Subsection AI of 20.2.79.7 NMAC for calculating projected actual emissions. a. Before beginning actual 

construction of the project, the owner or operator shall 

document and maintain a record of the following information: 

i. a description of the 

project; 

ii. identification of the 

emissions unit(s) whose emissions of a regulated new source review pollutant could be affected by the project; and 

iii. a description of the 

applicability test used to determine that the project is not a major modification for any regulated new source review pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under Paragraph (3) of Subsection AI of 

regulated NSR pollutant emitted 

from projects at existing 

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

reasonable possibility, within the meaning of Paragraph (6) under this subsection (Subsection F of 20.2.79.109 NMAC), that a project that is not a part of a major modification may result in a significant emissions increase of such pollutant and the owner 

or operator elects to use the method specified in Paragraphs (1) through (3) of Subsection AI of 20.2.79.7 NMAC for calculating projected actual emissions. (1) Before beginning actual 

construction of the project, the owner or operator shall document and maintain a record of the following information: (a) a description of the 

project; 

(b) identification of the 

emissions unit(s) whose emissions of a regulated new source review pollutant could be affected by the project; and 

FR 72607, DThe revisio(F)(6) NMArequiremenand (a)(6)(vThese revis
119

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

20.2.79.7 NMAC and an explanation for why such amount was excluded, and any netting calculations, if applicable. 

b. If the emissions unit is an 

existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in Paragraph (1) of this subsection to the department.  Nothing in this paragraph shall be construed to require the owner or operator of such a unit to obtain any determination from the department; however, necessary preconstruction approvals and/or permits must be obtained before beginning actual construction. 

c. The owner or operator shall 

monitor the emissions of any regulated new source review pollutant that could increase as a result of the project and that is emitted by any emissions units identified in Subparagraph (b) of Paragraph (1) of this 

(c) a description of the 

applicability test used to determine that the project is not a major modification for any regulated new source review pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under Paragraph (3) of Subsection AI of 20.2.79.7 NMAC and an explanation for why such amount was excluded, and any netting calculations, if applicable. 

(2) If the emissions unit is an 

existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in Paragraph (1) of this subsection to the department.  Nothing in this paragraph shall be construed to require the owner or operator of such a unit to obtain any determination from the department; however, 
120

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

subsection; and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated new source review pollutant at such emissions unit. 

d. If the unit is an existing 

electric utility steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end of each year during which records must be generated under Paragraph (3) of this subsection setting out the unit's annual emissions during the year that preceded submission of the report. 

e. If the unit is an existing unit 

other than an electric utility steam generating unit, the owner or operator shall submit a report to the department if the annual 

necessary preconstruction approvals and/or permits must be obtained before beginning actual construction. 

(3) The owner or operator shall 

monitor the emissions of any regulated new source review pollutant that could increase as a result of the project and that is emitted by any emissions units identified in Subparagraph (b) of Paragraph (1) of this subsection; and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated new source review pollutant at such emissions unit. 

(4) If the unit is an existing 

electric utility steam generating unit, the owner or operator shall submit a report to the department 
121

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

emissions, in tons per year, from the project identified in Paragraph (1) of this subsection, exceed the baseline actual emissions (as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of this subsection, by a significant amount (as defined in Subsection AM of 20.2.79.7 NMAC) for that regulated new source review pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of this subsection. Such report shall be submitted to the department within 60 days after the end of such year.  The report shall contain the following: 

i. the name, address and 

telephone number of the major stationary source; 

ii. the annual emissions as 

calculated pursuant to Paragraph (3) of this subsection; and 

iii. any other information 

that the owner or operator wishes to 

within 60 days after the end of each year during which records must be generated under Paragraph (3) of this subsection setting out the unit's annual emissions during the year that preceded submission of the report. 

(5) If the unit is an existing unit 

other than an electric utility steam generating unit, the owner or operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified in Paragraph (1) of this subsection, exceed the baseline actual emissions (as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of this subsection, by a significant amount (as defined in Subsection AM of 20.2.79.7 NMAC) for that regulated new source review pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of this subsection. Such report shall be submitted to the 
122

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection). 

department within 60 days after the end of such year.  The report shall contain the following: (a) the name, address and 

telephone number of the major stationary source; 

(b) the annual emissions as 

calculated pursuant to Paragraph (3) of this subsection; and 

(c) any other information 

that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection). 

(6) A “reasonable possibility” 

under this subsection (Subsection F of 20.2.79.109 NMAC) occurs when the owner or operator calculates the project to result in either:

(a) A projected actual 

emissions increase of at least 50 percent of the amount that is a “significant emissions increase” as defined under Subsection AN of 20.2.79.7 NMAC (without reference to 
123

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

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

(b) A projected actual 

emissions increase that, added to the amount of emissions excluded under Subparagraph (3) of Subsection AI of 20.2.79.7 NMAC, sums to at least 50 percent of the amount that is a “significant emissions increase” as defined under Subsection AN of 20.2.79.7 NMAC (without reference to the amount that is a significant net emissions increase) for the regulated NSR pollutant; for a project which for which a reasonable possibility occurs only within the meaning of Subparagraph (b) of Paragraph (6) of Subsection F of 20.2.79.109 NMAC, then provisions Paragraphs (2) through (5) under this 
124

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

subsection (Subsection F of 20.2.79.109 NMAC) do not apply to the project.

G. The owner or operator of the 

source shall make the information required to be documented and maintained pursuant to Subsection F of this section available for review upon a request for inspection by the department or the general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii). 

G. The owner or operator of the 

source shall make the information required to be documented and maintained pursuant to Subsection F of this section (20.2.79.109 NMAC) 

available for review upon a request for inspection by the department or the general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii). 

NO CHANGE No changes 

SIP-approv

Existing SIP does not contain this provision. 

H. The requirements of this section 

(20.2.79.109 NMAC) applicable to major stationary sources and major modifications of volatile organic compounds shall apply to nitrogen oxides emissions from major stationary sources and major modifications of nitrogen oxides in an ozone transport region or in any ozone nonattainment area, except in ozone nonattainment areas or in portions of an ozone transport region where the U.S. environmental protection agency administrator has granted a NOX waiver applying the standards set forth under section 182(f) of the federal Clean Air Act and 

NO CHANGE The new rev

NMAC subare necessarpermitting rOzone. The revisioNMAC are requiremenThese revis
125

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

the waiver continues to apply.

Existing SIP does not contain this provision. 

I. In meeting the emissions offset 

requirements of 20.2.79.115 NMAC for ozone nonattainment areas that are subject to subpart 2, part D, title I of the clean air act, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be as follows:

(1) in any marginal nonattainment 

area for ozone, at least 1.1:1;

(2) in any moderate 

nonattainment area for ozone, at least 1.15:1;

(3) in any serious nonattainment 

area for ozone, at least 1.2:1;

(4) in any severe nonattainment 

area for ozone, at least 1.3:1 (except that the ratio may be at least 1.2:1 if the approved state implementation plan also requires all existing major sources in such nonattainment area to use BACT for the control of VOC); and 

(5) in any extreme nonattainment 

area for ozone, at least 1.5:1 (except that the ratio may be at least 1.2:1 if the approved state implementation plan also requires all existing major sources in such nonattainment area to use BACT for the control of VOC.

I. In meeting the emissions offset 

requirements of 20.2.79.115 NMAC, the ratio of total actual emissions reductions to the emissions increase shall be at least 1:1 unless an alternative ratio is provided for the

applicable nonattainment area in 

Subsections J through N of 20.2.79.1 09 NMAC.

The new revNMAC subis necessary permitting rozone. The new revNMAC subare consisteat 40 CFR 5The revisioNMAC subare approvaThe new revNMAC subare necessarPM2.5 perm

May 16, 20section 20.2consistent wCFR 51.165approvable. In the May NMED movoriginally aNMAC on J20.2.79.109a non-subst11, 2009 lanThe revisio
126

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

NMAC as u23, 2011 su

Existing SIP does not contain this provision. 

J. Notwithstanding the 

requirements of Paragraph (1) of Subsection I of 20.2.79.109 NMAC for meeting the requirements of 20.2.79.115 NMAC, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least 1.15:1 for all areas within an ozone transport region that is subject to subpart 2, part D title I of the federal Clean Air Act, except for serious, severe, and extreme ozone nonattainment areas that are subject to subpart 2, part D, title I of the federal Clean Air Act.

J. In meeting the emissions offset 

requirements of 20.2.79.115 NMAC for ozone nonattainment areas that are subject to subpart 2, part D, title I of the clean air act, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be as follows: 

1) in any marginal nonattainment 

area for ozone, at least 1.1:1; 

2) in any moderate 

nonattainment area for ozone, at least 1.15:1; 

3) in any serious nonattainment 

area for ozone, at least 1.2:1; 

4) in any severe nonattainment 

area for ozone, at least 1.3:1 (except that the ratio may be at least 1.2:1 if the approved state implementation plan also requires all existing major sources in such nonattainment area to use BACT for the control of VOC); and 

5) in any extreme nonattainment 

area for ozone, at least 1.5:1 (except that the ratio may be at least 1.2:1 if the approved state implementation plan also requires all existing major sources in such nonattainment area to use BACT for the 

The new revNMAC subis necessary permitting rozone. The new revNMAC subare consisteat 40 CFR 5The revisioNMAC subare approvaIn the May NMED movoriginally aNMAC to 2This move ito the June approvable. Note that thsubmitted o20.2.79.109moved in it20.2.79.109change an ureferences. The revisioNMAC as u
127

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

control of VOC. 23, 2011 su

Existing SIP does not contain this provision. 

K. Meeting the emissions offset 

requirements of 20.2.79.115 NMAC for ozone nonattainment areas that are subject to subpart 1, part D, title I of the clean air act, including 8-hour ozone nonattainment areas subject to

40 CFR 51.902(b), the ratio of 

total actual emissions increase of VOC shall be at least 1:1.

K. Notwithstanding the 

requirements of Paragraph (1) of Subsection I J of 20.2.79.109 

NMAC for meeting the requirements of 20.2.79.115 NMAC, the ratio of total actual emissions reductions of VOC to the emissions increase of VOC shall be at least 1.15:1 for all areas within an ozone transport region that is subject to subpart 2, part D title I of the federal Clean Air Act, except for serious, severe, and extreme ozone nonattainment areas that are subject to subpart 2, part D, title I of the federal Clean Air Act. 

The new revNMAC subis necessary permitting rozone. The new revNMAC subare consisteat 40 CFR 5The revisioNMAC subare approvaIn the May NMED movoriginally aNMAC to 2This move iwith an updreferences, language anIn the May language or11, 2009, at has been mo20.2.79.109approvable. The revisioNMAC as u23, 2011 su
128

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

Existing SIP does not contain this provision. 

L. The requirements of 20.2.79.109 

NMAC applicable to major stationary sources and major modifications of PM10 shall also apply to major stationary sources and major modifications of PM10 precursors except where the US. environmental protection agency administrator determines that such sources do not contribute significantly to PM10 levels that exceed the PM10 ambient standards in the area.

L. Meeting the emissions offset 

requirements of 20.2.79.115 NMAC for ozone nonattainment areas that are subject to subpart 1, part D, title I of the clean air act, including 8-hour ozone nonattainment areas subject to 40 CFR 51.902(b), the ratio of total actual emissions increase of VOC shall be at least 1:1. 

The new revNMAC subis necessary permitting rozone. The new revNMAC subare consisteat 40 CFR 5The revisioNMAC subare approvaIn the May language or11, 2009, at has been mo20.2.79.109approvable. In the May NMED movoriginally aNMAC to 2This move iand is approThe revisioNMAC as u23, 2011 su

Existing SIP does not contain this provision. 

The June 11, 2009 SIP submittal does not include 20.2.79.109(M). 

M. The requirements of 20.2.79.109 

NMAC applicable to major stationary sources and major 

The languagNMAC that NMED on J
129

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.109 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Revisions to 20.2.79.109 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis anApplicable 

modifications of PM10 shall also 

apply to major stationary sources and major modifications of PM10

precursors except where the US. environmental protection agency administrator determines that such sources do not contribute significantly to PM10 levels that 

exceed the PM10 ambient 

standards in the area. 

without cha20.2.79.10923, 2011 suThis revisio

Existing SIP does not contain this provision. 

The June11, 2009 SIP revision does not contain this provision. 

N. In meeting the emissions offset 

requirements of 20.2.79.115 NMAC, the emissions offsets obtained shall be for the same regulated NSR pollutant unless interprecursor offsetting is permitted for a particular pollutant as specified in this paragraph. The department may allow the offset requirements in 20.2.79.115 NMAC for direct PM2.5 emissions or emissions of precursors of PM2.5 to be satisfied by offsetting reductions in direct PM2.5 emissions or emissions of any PM2.5 precursor identified under Subsection AJ of 20.2.79.7 NMAC if such offsets comply with the interprecursor trading hierarchy and ratio established in the approved plan for a particular nonattainment area.

New section submitted onecessary to 

NNSR permfinalized on The new prNMAC are requiremen51.165(a)(1This revisio
130

Table III.D.3 – Evaluation of the June 11, 2009 Revisions to 20.2.79.115 NMAC Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.115 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Analysis and Evaluation Federal Requirements 

20.2.79.115 EMISSION OFFSETS All emission offsets approved by the department shall meet the following criteria. 

20.2.79.115 EMISSION OFFSETS All emission offsets approved by the department shall meet the following criteria. 

No changes submitted to regulations. 

B. All emission reductions claimed as offset 

credit shall be from decreases of the same pollutant for which the offset is required. 

NO CHANGE No changes submitted to 

regulations. 

C. All emission reductions claimed as offset 

credit shall occur prior to or concurrent with the start of operation of the proposed source.  In addition, past reductions must have occurred later than the date upon which the area became nonattainment in order to be creditable. 

NO CHANGE No changes submitted to 

regulations. 

D. For the case where emission reductions 

claimed as offset credit occur at the source subject to this part, such reductions shall be a condition required by a federally enforceable permit. For the case where emission reductions claimed as offset credit occur at a neighboring source, such reductions shall be incorporated as modifications to pertinent federally enforceable permits held by the neighboring source. If the neighboring source has no relevant permits, the reductions shall be approved as a revision to the state implementation plan by the board. 

NO CHANGE No changes submitted to 

regulations. 

E. Offset credit for any emissions reduction can 

be claimed only to the extent that the department or U.S. EPA has not relied on it in previously issuing any permit or in demonstrating attainment or reasonable further progress. 

NO CHANGE No changes submitted to 

regulations. 
131

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.115 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Analysis and Evaluation Federal Requirements 

F. No emissions reduction credit shall be allowed 

for replacing one volatile organic compound with another of lesser reactivity, except as approved by the U.S. EPA reactivity guidance found at 42 Federal Register 35314, (1977), and any amendments thereto. 

NO CHANGE No changes submitted to 

regulations. 

G. Emission reduction credit may be allowed for a 

source permanently curtailing production or operating hours below baseline levels provided that the work force to be affected has been notified of the curtailment. a. Emissions reductions achieved by shutting 

down an existing source or curtailing production or operating hours below baseline levels may be generally credited if such reductions are permanent, quantifiable, and federally enforceable, and if the area has an EPA-approved attainment plan. In addition, the shutdown or curtailment is creditable only if it occurred on or after the date specified for this purpose in the plan, and if such date is on or after the date of the most recent emissions inventory used in the plan's demonstration of attainment. Where the plan does not specify a cutoff date for shutdown credits, the date of the most recent emissions inventory or attainment demonstration, as the case may be, shall apply. However, in no event may credit be given for shutdowns which occurred prior to August 7, 1977. For purposes of this paragraph, a permitting authority may choose to consider a prior shutdown or curtailment to have occurred after the date 

F. Emission reduction credit may be allowed for a 

source permanently curtailing production or operating hours below baseline levels provided that the work force to be affected has been notified of the curtailment. 

(1) Emissions reductions achieved by shutting 

down an existing source emission unit or 

curtailing production or operating hours below baseline levels may be generally credited for offsets if such reductions are 

permanent, quantifiable, and federally enforceable, and if the area has an EPAapproved attainment plan. In addition, the 

shutdown or curtailment is creditable only if it occurred on or after the date specified 

for this purpose in the plan, and if such date is on or after the date of the most 

recent emissions inventory used in the state implementation plan's demonstration 

of attainment. Where the plan does not 

specify a cutoff date for shutdown credits, the date of the most recent emissions inventory or attainment demonstration, as the case may be, shall apply. However, in 

no event may credit be given for shutdowns which occurred prior to August 7, 1977. For purposes of this paragraph, a permitting authority may choose to consider a prior shutdown or curtailment to 

The revisions submitted o20.2.79.115(F) NMAC ar

the NNSR permitting reqOzone. The revisions to 20.2.79.are consistent with the req51.165(a)(3)(ii)(C)(1) and These revisions are appro
132

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.115 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Analysis and Evaluation Federal Requirements 

of its most recent emissions inventory, if the inventory explicitly includes as current existing emissions the emissions from such previously shutdown or curtailed sources. 

b. Such reductions may be credited in the 

absence of an approved attainment demonstration only if the shutdown or curtailment occurred on or after the date the new source permit application is filed, or, if the applicant can establish that the proposed new source is a replacement for the shutdown or curtailed source, and the cutoff date provisions of Paragraph (1) are observed. 

have occurred after the date of its most 

recent emissions of the base year inventory, if the projected inventory, used to develop the attainment demonstration explicitly includes as current existing emissions the emissions from such 

previously shutdown or curtailed sources

emission units.

(2) Such reductions may be credited in the 

absence of an approved attainment demonstration only if the shutdown or curtailment occurred on or after the date the new source permit application is filed, or, if the applicant can establish that the proposed new source emission unit is a 

replacement for the shutdown or curtailed source emission unit, and the cutoff date

provisions of Paragraph (1) of Subsection 

F of 20.2.79.7 NMAC are observed. 

G. Where the most stringent emissions limit 

which is applicable allows greater emissions than the potential to emit of the offsetting source, emission offset credit will be allowed only for control below the potential to emit of the source. 

NO CHANGE No changes submitted to 

regulations. 

H. The emission limit for determining emission 

offset credit involving an existing fuel combustion source shall be the most stringent emission standard which is applicable for this source for the type of fuel being burned at the time the permit application is filed. If the existing source commits to switch to a cleaner fuel, emission offset credit based on the difference between the allowable emissions of the fuels involved shall be acceptable only if 

NO CHANGE No changes submitted to 

regulations. 
133

Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.115 NMAC Submitted June 11, 2009 Adopted by the NM Environmental Improvement Board on July 31, 2009; Effective August 31, 2009 

Analysis and Evaluation Federal Requirements 

an alternative control measure, which would achieve the same degree of emission reduction should the source switch back to a fuel which produces more pollution, is specified in a permit issued by the department. 

I. The owner or operator desiring to utilize an 

emission reduction as an offset shall submit to 

the department the following information: 

(3) a detailed description of the 

process to be controlled and the control technology to be used; and 

(4) emission calculations showing 

the types and amounts of actual emissions to be reduced; and 

(5) the effective date of the 

reduction. 

NO CHANGE No changes submitted to 

regulations. 

J. Source shutdowns and curtailments in 

production or operating hours may be used for emission offset credit only if they occur after August 7, 1977, or less than one year prior to the date of permit application, whichever is earlier, and the proposed new source for which the offset is to apply is a replacement for the shutdown or curtailment. 

NO CHANGE No changes submitted to 

regulations. 

K. The total tonnage of increased emissions, in 

tons per year, resulting from a major modification that must be offset in accordance with Section 173 of the federal Clean Air Act shall be determined by summing the difference between the allowable emissions after the modification and the actual emissions before the modification for each emissions unit. 

NO CHANGE No changes submitted to 

regulations. 
134

Table III.D.4 – Evaluation of the May 23, 2011 Revisions to 20.2.79.119 NMAC Existing NM SIP Approved by EPA on September 5, 2007 72 FR 50879 

Revisions to 20.2.79.119 NMAC Submitted May 23, 2011 Adopted by the NM Environmental Improvement Board on May 3, 2011; Effective June 3, 2011 

Analysis and Evaluation Federal Requirements 

20.2.79.119 – Tables: 20.2.79.119 – Tables: No changes submitted to 

regulations. 

A. Significant Ambient Concentrations 

Concentration in micrograms per cubic meter 

(g/m3) or milligrams per cubic meter (mg/m3) 

Pollutant Averaging Time  Annual 24-

hour 

8-hour 3-

hour 

1-hour 

Sulfur dioxide 

1.0 

g/m3 

5.0 

g/m3 

-- 25 

g/m3 

-- 

PM10 1.0 

g/m3 

5.0 

g/m3 

-- -- -- 

Nitrogen dioxide 

1.0 

g/m3 

-- -- -- -- 

Carbon Monoxide 

-- -- 0.5 

mg/m3 

-- 2 

mg/m3 

A. Significant Ambient Concentrations 

Concentration in micrograms per cubic meter 

(g/m3) or milligrams per cubic meter (mg/m3) 

Pollutant Averaging Time  Annual 24-

hour 

8-hour 3-

hour 

1-hour 

Sulfur dioxide 

1.0 

g/m3 

5.0 

g/m3 

-- 25 

g/m3 

-- 

PM10 1.0 

g/m3 

5.0 

g/m3 

-- -- -- 

PM2.5 0.3 

g/m3

1.2 

g/m3

-- -- -- 

Nitrogen dioxide 

1.0 

g/m3 

-- -- -- -- 

Carbon Monoxide 

-- -- 0.5 

mg/m3 

-- 2 

mg/m3 

The revisions to Table A Concentrations, at 20.2.7on May 23, 2011 are necePM2.5 permitting requirem

2010 final rule. The revisions to Table A significant impact levels 

III areas and are consisten40 CFR 51.165(b)(2). These revisions are appro
135

IV. Conclusion 

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

of the CAA and 40 CFR Part 51 to the June 11, 2009, and May 23, 2011, proposed revisions to 

the New Mexico SIP for PSD and NNSR permitting. This analysis found that the adoption of the 

revisions to 20.2.74 and 20.2.79 NMAC submitted on June 11, 2009 and May 23, 2011, are 

consistent with the CAA and 40 CFR Parts 51.165 and 51.166, as applicable. Further, the 2009 

and 2011 SIP revisions are necessary to implement the 1997 and 2008 8-hour ozone NAAQS 

(NOX as a precursor to ozone), the 1997 and 2006 PM2.5 PSD and NNSR Permitting 

requirements (as published in the May 16, 2008 and October 20, 2010 FRN), and the December 

21, 2007 Reasonable Possibility in Recordkeeping Requirements. Therefore, it is recommended 

that a proposed approval of the following sections be published: 

 20.2.74.7 NMAC 

 20.2.74.300 NMAC 

 20.2.74.306 NMAC 

 20.2.74.403 NMAC 

 20.2.74.502 NMAC 

 20.2.74.503 NMAC 

 20.2.74.504 NMAC 

 20.2.74.505 NMAC 

 20.2.79.7 NMAC 

 20.2.79.109 NMAC 

 20.2.79.115 NMAC 

 20.2.79.119 NMAC 

As noted in Section III.C, Table III.C.1 of this TSD, EPA has requested remand with vacatur of 

the provisions at 40 CFR 51.166(k)(2) and 52.21(k)(2) that were promulgated on October 20, 

2010, and conflict with our intentions for the use of SILs to demonstrate compliance with CAA 

section 163(a). EPA is severing from our action the revisions to 20.2.74.303(A) NMAC which 

are equivalent to the provisions EPA has requested the court to remand and vacate. Therefore, 

20.2.74.303 NMAC as adopted by NMED on January 1, 2011, and SIP-approved by EPA on 

July 20, 2011, remains the SIP-approved section. The NMED continues to retain the ability to 

implement the PM2.5 SILs consistent with EPA’s interpretation of CAA section 163(a) at 

20.2.79.119 NMAC. Further, the revisions to 20.2.74.303(A) NMAC submitted on May 23, 

2011, will remain before EPA for review. EPA will revisit these provisions after the court 

addresses EPA’s request for remand with vacatur or EPA initiates rulemaking to revise 40 CFR 

51.166(k)(2).