TECHNICAL SUPPORT DOCUMENT

Revisions to the New Mexico State Implementation Plan 

(Albuquerque-Bernalillo County)

 

SIP Revisions Submitted on July 26, 2013 

Part 61 – Prevention of Significant Deterioration 

Section 2 – Scope 

Section 5 – Effective Date 

Section 6 – Objective 

Section 7 – Definitions 

Section 10 – Documents 

Section 11 – Applicability 

Section 12 – Obligations of Owners or Operators of Sources 

Section 14 – Control Technology Review and Innovative Control Technology 

Section 15 – Ambient Impact Requirements 

Section 18 – Monitoring Requirements-Air Quality Analysis 

Section 20 – Actuals Plantwide Applicability Limits (PALs)

Section 23 – Exclusions from Increment Consumption 

Section 24 – Sources Impacting Federal Class I Areas-Additional Requirements 

Section 27 – Table 2-Significant Emission Rates 

Section 29 – Table 4-Allowable PSD Increments 

Section 30 – Table 5-Maximum Allowable Increases for Class I Variances 

Parallel Processing Request of SIP Revisions Submitted on March 4, 2015 

Part 61 – Prevention of Significant Deterioration 

Section 7 – Definitions 

Section 11 – Applicability 

March 25, 2015 

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

Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, Dallas, Texas 75202-

2733, (214) 665-7289. 
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Contents: 

I. Introduction 

A. Overview 

B. What are we addressing in this action? 

C. What are we not addressing in this action? 

II. Background of State Submittal 

A. What previous actions has EPA taken on the New Mexico PSD Program for 

Albuquerque-Bernalillo County? 

III. Technical Evaluation of the New Mexico July 26, 2013 SIP Submittal and March 4, 2015 

Parallel Processing Request Submittal for the Albuquerque-Bernalillo County PSD 

Program 

A. Evaluation of the July 26, 2013 and March 4, 2014 SIP Submittals with respect to 

the Part 51, Appendix V Completeness Checklist 

B. Evaluation of the July 26, 2013 and March 4, 2015 SIP Submittals with respect to 

the federal requirements for PSD Permit Programs 

C. Evaluation of the July 26, 2013 and March 4, 2015 SIP Submittals with respect to 

section 110(l) of the CAA 

III. Conclusion 

 
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I. Introduction 

A. Overview

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

Mexico State Implementation Plan (SIP) for the City of Albuquerque-Bernalillo County, 

submitted on July 26, 2013 and the subsequent proposed revisions to the SIP submitted 

on March 4, 2015, as part of a parallel processing request. This review will determine if 

the proposed revisions to the New Mexico SIP are consistent with the requirements of the 

Clean Air Act and EPA’s policy and guidance. 

The following section identifies the specific portions of the July 26, 2013 and March 4, 

2015 submittals that are reviewed by this action. 

B. What are we addressing in this action?

July 26, 2013 Submittal 

On April 10, 2013, the Albuquerque-Bernalillo County Air Quality Control Board 

(Albuquerque Air Board) adopted revisions to 20.11.61 NMAC – Prevention of 

Significant Deterioration. New Mexico Environment Department’s Cabinet Secretary 

Ryan Flynn, on behalf of Governor Susana Martinez, submitted the revised regulations as 

a revision to the New Mexico SIP in a letter dated July 26, 2013. 

As part of this action, EPA is addressing the following revisions contained in the July 26, 

2013 submittal that were adopted on April 10, 2013, effective locally on May 13, 2013: 

 Non-substantive revisions to Part 61, Section 2 – Scope. 

 Non-substantive revisions to Part 61, Section 5 – Effective Date. 

 Non-substantive revisions to Part 61, Section 6 – Objective. 

 Substantive and non-substantive revisions to Part 61, Section 7 – Definitions. 

 Non-substantive revisions to Part 61, Section 10 – Documents. 

 Substantive revisions to Part 61, Section 11 – Applicability. 

 Substantive and non-substantive revisions to Part 61, Section 12 – Obligations of 

Owners or Operators of Sources. 

 Non-substantive revisions to Part 61, Section 14 – Control Technology Review and 

Innovative Control Technology. 

 Non-substantive revisions to Part 61, Section 15 – Ambient Impact Requirements. 

 Substantive and non-substantive revisions to Part 61, Section 18 – Air Quality 

Analysis and Monitoring Requirements. 

 Non-substantive revisions to Part 61, Section 23 – Exclusions from Increment 

Consumption. 

 Substantive and non-substantive revisions to Part 61, Section 24 – Sources Impacting 

Federal Class I Areas-Additional Requirements. 

 Non-substantive revisions to Part 61, Section 27 – Table 2-Significant Emission 

Rates. 
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 Substantive revisions to Part 61, Section 29 – Table 4-Allowable PSD Increments. 

 Substantive revisions to Part 61, Section 30 – Table 5-Maximum Allowable Increases 

for Class I Variances. 

March 4, 2015 Submittal 

On March 4, 2015, the New Mexico Department’s Cabinet Secretary Ryan Flynn, on 

behalf of Governor Susana Martinez submitted a request for the parallel processing of 

proposed revisions to Part 61. The revisions to Part 61 are being made in response to 

comments the EPA provided on the July 26, 2013 submittal. 

As part of this action, the EPA is addressing the following proposed revisions contained 

in the March 4, 2015 submittal as part of a parallel processing of SIP revisions, in 

accordance with paragraph 2.3.1 of Appendix V to 40 CFR 51: 

 Substantive revisions to Part 61, Section 7 – Definitions. 

 Substantive revisions to Part 61, Section 11 – Applicability. 

The City of Albuquerque, Environmental Health Department, Air Quality Program, filed 

a petition for a public hearing on the proposed amendments to Part 61 on February 20, 

2015. The petition for hearing was approved by the Air Board and a public hearing is 

scheduled for April 30, 2015. The Air Board is anticipated to make a decision regarding 

the adoption of the proposed revisions to Part 61 immediately following the hearing. 

Assuming the revisions are adopted, submittal of the amended Part 61 to EPA, with the 

required SIP documentation, is expected by May 31, 2015. As required by paragraph 

2.3.2 of Appendix V to 40 CFR 51, the EPA will not take final action on the 2015 

proposed revisions to Part 61 until the final SIP revision submittal containing these 

revisions is received from New Mexico. 

C. What are we not addressing in this action? 

July 26, 2013 Submittal 

The July 26, 2013 submittal also contained revisions to regulations within 20.11.60 

NMAC – Permitting in Nonattainment Areas and 20.11.42 NMAC – Operating Permits. 

The revisions to 20.11.60 NMAC were submitted as revisions to the New Mexico SIP. 

The 20.11.42 NMAC revisions were submitted as an update to the Title V Program. 

As part of this action, EPA is proposing to take action only on the submitted revisions to 

20.11.61 NMAC. We will address the amended regulations in 20.11.60 NMAC and 

20.11.42 NMAC later as part of separate actions. 

 
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II. Background of State Submittal 

A. What previous actions has EPA taken on the New Mexico PSD Program for 

Albuquerque-Bernalillo County? 

EPA’s most recent approval to the New Mexico PSD program for AlbuquerqueBernalillo County was on September 19, 2012, where we updated our approval of the 

Albuquerque PSD program to include the revisions submitted by the State on May 24, 

2006, August 16, 2010, and December 15, 2010, which addressed NOX as a precursor for 

ozone, consistent with EPA’s November 29, 2005 Phase 2 rule for the 1997 ozone 

NAAQS and identified the precursors for PM2.5 and significant emission rates necessary 

for PM2.5 PSD permitting, consistent with EPA’s 2008 PM2.5 NSR rule for the 1997 and 

2006 PM2.5 NAAQS. The previously approved revisions also made numerous other 

changes necessary to maintain consistency with the federal PSD permitting requirements. 

See 77 FR 58032. 

Since that time, the State of New Mexico has submitted revisions to the Albuquerque 

PSD program on July 26, 2013, and March 4, 2015, affecting the following sections: 

 20.11.61.2 NMAC – Scope 

 20.11.61.5 NMAC – Effective Date 

 20.11.61.6 NMAC – Objective 

 20.11.61.7 NMAC – Definitions 

 20.11.61.10 NMAC – Documents 

 20.11.61.11 NMAC – Applicability 

 20.11.61.12 NMAC – Obligations of Owners or Operators of Sources 

 20.11.61.14 NMAC – Control Technology Review and Innovative Control 

Technology 

 20.11.61.15 NMAC – Ambient Impact Requirements 

 20.11.61.18 NMAC – Air Quality Analysis and Monitoring Requirements 

 20.11.61.20 NMAC – Actuals Plantwide Applicability Limits (PALs) 

 20.11.61.23 NMAC – Exclusions from Increment Consumption 

 20.11.61.24 NMAC – Sources Impacting Federal Class I Areas-Additional 

Requirements 

 20.11.61.27 NMAC – Table 2-Significant Emission Rates 

 20.11.61.29 NMAC – Table 4-Allowable PSD Increments 

 20.11.61.30 NMAC – Table 5-Maximum Allowable Increases for Class I 

Variances 

These revisions have been submitted to adopt and implement the following requirements: 

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

and October 25, 2012 final rules. 

 Fugitive emissions treatment for PSD in accordance with EPA’s March 30, 2011 

interim rule. 
6 

 GHG PSD permitting in accordance with EPA’s July 20, 2011 and July 3, 2012 

final rules. 

As discussed previously in Section I.B and I.C of this TSD, EPA is proposing to take 

action on the revisions to the Albuquerque PSD program submitted by New Mexico on 

July 26, 2013, and March 4, 2015. 
III. Technical Evaluation of the New Mexico July 26, 2013 and March 4, 2015 SIP 

Submittals for the Albuquerque-Bernalillo County PSD Program

The following analysis will provide a line item comparison of the current SIP-approved 

regulations found in the New Mexico SIP for City of Albuquerque-Bernalillo County 

with the revisions submitted on July 26, 2013 and March 4, 2015. The final column in the 

tables below includes comments regarding EPA’s analysis and the approvability of the 

submitted revisions. 

A. Evaluation of the July 26, 2013 and March 4, 2015 SIP Submittals with respect to 

the Part 51, Appendix V Completeness Checklist 

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

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

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

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

official submission for purposes of review under § 51.103. 

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

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

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

submitted plan. 

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

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

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

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

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

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

completeness under this paragraph means that the submission is an official 

submission for purposes of § 51.103. 

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

Appendix V. 

The March 4, 2015 submittal was submitted as a request for parallel processing of 

revisions that are currently proposed for adoption at the state level, in accordance with 

paragraph 2.3 of Appendix V to 40 CFR 51. Therefore, the March 4, 2015 submittal is 

not required to meet all criteria under Appendix V. As previously stated, the EPA will not 

take final action on the proposed revisions found in the 2015 submittal until after they are 

adopted and submitted as a final SIP revision submittal. The anticipated future final SIP 

submittal will be reviewed to ensure that it meets the criteria outlined in Appendix V 

prior to the EPA taking final action. 

 
July 26, 2013 SIP Submittal Checklist: 

Administrative Materials (2.1) 

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

designee requesting EPA’s approval of the revision. 

The SIP revisions addressed in this action were submitted via letter from the designee of 

the Governor, New Mexico Environment Department Cabinet Secretary Ryan Flynn, 

dated July 26, 2013. 

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

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

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

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

The SIP revisions addressed in this action were adopted by the Albuquerque-Bernalillo 

County Air Quality Control Board on April 10, 2013, effective May 13, 2013. 

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 Control 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. 

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

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

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

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

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

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

The SIP submittal included a copy of the official State regulation document and the 

transmittal form that was filed at the State Records Center with the date of transmittal 

indicated. 

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

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

plan. 

The SIP submittal package includes a certification demonstrating the SIP submittal was 

developed pursuant to 40 CFR 51.104. 
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). 

The SIP submittal addressed in this action included a summary of the Public Notices 

published for the rule revisions, as well as, copies showing evidence of the published 

notices. These public notices included information regarding the public comment period 

and upcoming public hearings. 

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 SIP submittal contains a certified hearing record transcript, which includes the 

introductory information from the public hearing that included information on the notice 

of the public hearing and how the hearing would be conducted.. 

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

As documented in the SIP submittal, no comments were received on the proposed 

revisions. 

Technical Support (2.2) 

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

The SIP submittal addresses revisions to the provisions related to the PSD permitting 

program; therefore, the SIP submittal has the potential to address all regulated 

pollutants. 

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

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

plan for the affected area(s) is included. 

The regulations included in this SIP submittal apply to Albuquerque-Bernalillo County, 

only. Bernalillo County is currently designated attainment for all pollutants. For CO, 

Bernalillo County is designated as an attainment area under a Limited Maintenance Plan 

(LMP). The Albuquerque-Bernalillo County Air Quality Control Board adopted a CO 

LMP on July 14, 2004, which was approved in the Federal Register on 7/21/05 effective 

8/22/05 [70 FR 41963]. 

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

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

affected sources and/or, where appropriate, quantification of changes in actual emissions 
from affected sources through calculations of the differences between certain baseline 

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

The provisions for the Albuquerque-Bernalillo County PSD permitting program do not 

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

affected sources. The mechanics of the PSD permitting process ensure appropriate 

amounts of permitted emissions are approved. 

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

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

implemented. 

See Section III.A of this document for more information regarding the proposed revisions 

to the Albuquerque-Bernalillo County PSD permitting program and how they meet the 

Section 110(l) requirements that require the revisions not interfere with attainment or 

reasonable further progress or any other applicable requirement of the Act. 

13. FOR REDESIGNATIONS: 

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

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

Not applicable. 

b. Are contingency measures included? 

Not applicable. 

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

Modeling information is not necessary to support this SIP revision. 

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

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

designs, reformulated materials, etc.). 

Not applicable. 

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

practice standards and recordkeeping/reporting requirements to ensure stated emission 

levels. 

Not applicable. 

The mechanics of the PSD permitting process ensure that these elements are developed 

and included on a permit-by-permit basis. 
17. Compliance/enforcement strategies including how compliance will be determined in 

practice (including at what frequency). 

Not applicable. 

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

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

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

justification. 

These justifications are not necessary for this SIP revision. 

The July 26, 2013 SIP submittal meets the completeness criteria established in 40 CFR part 51, 

Appendix V. 

 
B. Evaluation of the July 16, 2013 and March 4, 2015 SIP Submittals with respect to 

the federal requirements for PSD Permit Programs 

On September 18, 2012, at 77 FR 58032, EPA SIP-approved revisions to 20.11.61 NMAC that 

were adopted on December 10, 2010. Subsequent to the revisions adopted on September 18, 

2012, the Albuquerque-Bernalillo Air Quality Control Board adopted revisions to 20.1.61 

NMAC on April 10, 2013, effective May 13, 2013. New Mexico submitted these revisions to the 

Albuquerque-Bernalillo County PSD SIP on July 26, 2013. Subsequently, New Mexico 

requested parallel processing of additional revisions to the Albuquerque-Bernalillo County PSD 

SIP on March 4, 2015. 

The following table evaluates the revisions to 20.11.61 NMAC submitted on July 26, 2013, and 

March 4, 2015. The 2013 revisions intend to address the requirements of EPA’s May 2008, July 

2010, and October 2012 PM2.5 PSD Implementation Rules, the March 2011 Fugitives Interim 

Rule, and the July 2011 and July 2012 GHG PSD Permitting Rules. The 2015 proposed revisions 

intend to address comments that the EPA provided on the 2013 SIP submittal. 

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 July 26, 2013 and 

March 4, 2015 submittals revised 16 sections of 20.11.61 NMAC; specifically Sections 2, 5, 6, 7, 

10, 11, 12, 14, 15, 16, 20, 23, 24, 27, 29, and 30. The following table presents and analyzes only 

revisions to these sections of 20.11.61 NMAC. The remaining sections are unchanged from the 

version most recently SIP-approved by EPA.
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013 

Analysis and Evaluation Federal Requirements 

20.11.61.2 SCOPE: No Change No change to the existing Any person constructing any new major stationary source or major modification, as defined in 20.11.61 NMAC, that emits or will emit regulated new source review pollutants in an attainment or unclassifiable area shall obtain a permit from the department in accordance with the requirements of 20.11.41 NMAC, Authority-to-Construct, and 20.11.61 NMAC prior to the construction or modification. 

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

attainment or unclassifiable area shall obtain a permit from the department in accordance with the requirements of 20.11.41 NMAC, Authority-toConstruct, and 20.11.61 NMAC prior to the construction or modification. 

Acronym was added. Non-substantive changes

A. Exempt: No Change No change to the existing 

(1) sources within Bernalillo county 

which are located on Indian lands over which the AlbuquerqueBernalillo county air quality control board lacks jurisdiction;

No Change No change to the existing 

(2) each regulated new source review 

pollutant emitted by a source or modification located in a nonattainment area for that pollutant;

(2) each regulated [new source 

review] NSR pollutant emitted by a source or modification located in a nonattainment area for that pollutant; 

Acronym was added. Non-substantive changes

(3) after a public hearing, consistent 

with the public notice and participation provisions of 20.11.41 NMAC, Authority-toConstruct, the board may exempt major stationary sources or major modifications if: (a) the major stationary 

source would be a nonprofit health or nonprofit educational institution, or a major modification that would 

No Change No change to the existing 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013 

Analysis and Evaluation Federal Requirements 

occur at such an institution; or 

(b) the source or 

modification is a portable stationary source which has previously received a permit pursuant to 20.11.61 NMAC if: (i) the owner or 

operator proposes to relocate the source, and emissions from the source at the new location would be temporary; and 

(ii) the emissions 

from the source would not exceed its allowable emission rate; and 

(iii) the emissions 

from the source would not impact any federal class I area nor any area where an applicable increment is 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013 

Analysis and Evaluation Federal Requirements 

known to be violated; and 

(iv) reasonable 

notice is given to the department prior to the relocation identifying the proposed new location and the probable duration of operation at the new location; such notice shall be given to the department not less than 10 days in advance of the proposed relocation unless a different time duration is previously approved by the department; 

 (4) sources or modifications that 

would be major only if quantifiable fugitive emissions are considered in calculating the potential to emit, and the source does not belong to: 

No Change No change to the existing 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013 

Analysis and Evaluation Federal Requirements 

(a) any category in Table 1 

of 20.11.61.26 NMAC; or 

(b) any other stationary 

source category which as of August 7, 1980, is being regulated under Section 111 or 112 of the act. 

B. Variances: The director may grant a 

variance to any person constructing a major stationary source or major modification from the federal class I maximum allowable increases consistent with the requirements listed in 40 CFR 52.21(p)(5). 

No Change No change to the existing 

Existing State Implementation Plan Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

20.11.61.5 EFFECTIVE DATE: No Change No change to the existing January 23, 2006, unless a later date is cited at the end of a section or paragraph. 

January 23, 2006, unless a later date is cited at the end of a section [or paragraph]. 

Non-substantive changes

Existing State Implementation Plan Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

20.11.61.6 OBJECTIVE: No Change No change to the existing To minimize air pollutant emissions from new major stationary sources or major modifications in areas classified as in attainment of the national 

To minimize air pollutant emissions from new major stationary sources or major modifications in areas classified as in attainment of the national 

Acronym was added. Non-substantive changes
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

ambient air quality standards or determined to be unclassifiable pursuant to Section 107(d) of the act. 

ambient air quality standards (NAAQS) or 

determined to be unclassifiable pursuant to Section 107(d) of the act. 

Existing State Implementation Plan Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

20.11.61.7 DEFINITIONS: No Change No Change In addition to the definitions in 20.11.61 NMAC, the definitions in 20.11.1 NMAC, General Provisions, shall apply unless there is a conflict between definitions, in which case the definition in 20.11.61 NMAC shall govern. 

No Change No Change 

A. “Act” means the federal Clean 

Air Act, as amended, 42 U. S. C. Sections 7401 et seq. 

No Change No Change 

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 Subsection B of 20.11.61.7 NMAC. (1) This definition shall not 

apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under 

B. “Actual emissions” means the 

actual rate of emissions of a regulated [new source review] 

NSR pollutant from an emissions unit, as determined in accordance with Paragraphs (2) through (4) of Subsection B of 20.11.61.7 NMAC. (1) This definition shall not 

apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under 

No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

20.11.61.20 NMAC. Instead, Subsections I and VV of 20.11.61.7 NMAC 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 sourcespecific allowable emissions for the unit are 

20.11.61.20 NMAC. Instead, Subsections I and VV of 20.11.61.7 NMAC 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 sourcespecific allowable emissions for the unit are 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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.

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 

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 federal class I 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 

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 

No Change No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

as defined in 40 CFR 51.301 Definitions.

E. “Air quality related values 

(AQRV)” means visibility and other scenic, cultural, physical, biological, ecological, or recreational resources which may be affected by a change in air quality resulting from the emissions of a proposed major stationary source or major modification that interferes with the management, protection, preservation, or enjoyment of the air quality related values of a federal class I area. 

E. “Air quality related values 

(AQRV)” means visibility and other scenic, cultural, physical, biological, ecological, or recreational resources which may be affected by a change in air quality resulting from the emissions of a proposed major stationary source or major modification that interferes with the management, protection, preservation, or enjoyment of the [air quality related values] AQRV 

of a federal class I area. 

No Change 

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

No Change No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

(3) the emissions rate 

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

G. “Associated emission sources” 

means secondary emissions and all reasonably foreseeable emissions of regulated pollutants from the growth of general residential, commercial, industrial, governmental emission sources and other mobile and nonmobile emission sources which are associated with and/or support the proposed new major stationary source or major modification. Other mobile and non-mobile emission sources shall include, but not be limited to, new highways and roads or improvements to existing highways and roads to increase capacity, new parking facilities or improvements to existing parking facilities to increase capacity, service enhancements to ground and air public transportation to include the building of new public transportation facilities or improvements to existing public transportation facilities to increase capacity; and the building of new public or private educational facilities or improving existing 

G. “Associated emission sources” 

means secondary emissions and all reasonably foreseeable emissions of regulated pollutants from the growth of general residential, commercial, industrial, governmental emission sources and other mobile and nonmobile emission sources which are associated with [and/or] or 

support the proposed new major stationary source or major modification. Other mobile and non-mobile emission sources shall include, but not be limited to, new highways and roads or improvements to existing highways and roads to increase capacity, new parking facilities or improvements to existing parking facilities to increase capacity, service enhancements to ground and air public transportation to include the building of new public transportation facilities or improvements to existing public transportation facilities to increase capacity; and the building of new public or private educational facilities or improving existing 

No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

public or private educational facilities to increase enrollment. 

public or private educational facilities to increase enrollment. 

H. “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. 

H. “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] NAAQS for such pollutant, and is so designated under Section 107(d)(1)(D) or (E) of the act. 

No Change 

I. “Baseline actual emissions” 

means the rate of emissions, in tons per year, of a regulated new source review pollutant, as determined in accordance with Paragraphs (1)-(4) of Subsection I of 20.11.61.7 NMAC. 

(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 five year period immediately preceding when the owner or operator begins actual construction of the project. The department 

I. “Baseline actual emissions” 

means the rate of emissions, in tons per year, of a regulated [new 

source review] NSR, as determined in accordance with Paragraphs (1)-(4) of Subsection I of 20.11.61.7 NMAC. 

(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 five year period immediately preceding when the owner or operator begins actual construction of the project. The department 

No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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 downward to exclude any non-compliant 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 

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 downward to exclude any non-compliant 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] NSR 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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 

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] NSR 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 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

adjusting this amount if required by Subparagraph (b) of Paragraph (1) of Subsection I of 20.11.61.7 NMAC. 

(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 20.11.61 NMAC or under a plan approved by the administrator, whichever is earlier, except that the 10 year 

adjusting this amount if required by Subparagraph (b) of Paragraph (1) of Subsection I of 20.11.61.7 NMAC. 

(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 20.11.61 NMAC or under a plan approved by the administrator, whichever is earlier, except that the 10 year 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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 non-compliant 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 

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 non-compliant 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 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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 

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 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

reductions in 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. 

reductions in 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] NSR 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] NSR pollutant. 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

(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 Subsection I of 20.11.61.7 NMAC. 

(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 

(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 Subsection I of 20.11.61.7 NMAC. 

(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 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in Paragraph (1) of Subsection I of 20.11.61.7 NMAC, for other existing emissions units in accordance with the procedures contained in Paragraph (2) of Subsection I of 20.11.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) of Subsection I of 20.11.61.7 NMAC. 

baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in Paragraph (1) of Subsection I of 20.11.61.7 NMAC, for other existing emissions units in accordance with the procedures contained in Paragraph (2) of Subsection I of 20.11.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) of Subsection I of 20.11.61.7 NMAC. 

J. “Baseline area” 

(1) Means any intrastate area 

(and every part thereof) designated as attainment or unclassifiable under Section 107(d)(1) (D) or (E) of the act in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact equal to or greater than one microgram per 

J. “Baseline area” 

(1) Means any intrastate area 

(and every part thereof) designated as attainment or unclassifiable under Section [107(d)(1) (D) or 

(E)] 107(d)(1)(A)(ii) or (iii) of the act 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 

No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

cubic meter (1 μg/m3) (annual average) of the pollutant for which the minor source baseline date is established. 

(2) Area redesignations 

under Section 107(d)(1) (D) or (E) of the act cannot intersect or be smaller than the area of impact of any major stationary source or major modification which: (a) establishes a 

minor source baseline date; or 

(b) is subject to 40 

CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166, and would be constructed in the same state as the state proposing the redesignation; 

(3) Any baseline area 

established originally for total suspended particulates (TSP) increments shall remain in effect and shall apply 

for which the baseline 

date is established, as follows: equal to or greater than one microgram per cubic meter (1 μg/m3) (annual average) [of the pollutant for which the minor source baseline date is established] for SO2, NO2, or PM10; or equal to or greater than 0.3 μg/m3 (annual average) for PM2.5. 

(2) Area redesignations 

under Section [107(d)(1) 

(D) or (E)] 107(d)(1)(A)(ii) or (iii) of the act cannot intersect or be smaller than the area of impact of any major stationary source or major modification which: (a) establishes a 

minor source baseline date; or 

(b) is subject to 40 

CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166, and would be constructed in 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

for purposes of determining the amount of available PM10 increments, except that such baseline area shall not remain in effect if the department rescinds the corresponding minor source baseline date in accordance with Paragraph (3) of Subsection MM of 20.11.61.7 NMAC. 

the same state as the state proposing the redesignation; 

(3) Any baseline area 

established originally for total suspended particulates (TSP) increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that such baseline area shall not remain in effect if the department rescinds the corresponding minor source baseline date in accordance with Paragraph (3) of Subsection MM of 20.11.61.7 NMAC. 

K. “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 

No Change No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

representative of sources in existence on the applicable minor source baseline date, except as provided in Paragraph (2) of Subsection K of 20.11.61.7 NMAC; 

(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 

from any major stationary source on which 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

construction commenced after the major source baseline date; and 

(b) actual emissions 

increases and decreases at any stationary source occurring after the minor source baseline date.

L. “Begin actual construction” 

means, in general, the 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 of underground pipework and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities, other than preparatory activities which mark the initiation of the change. 

No Change No Change 

M. “Best available control 

technology (BACT)” means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each regulated new 

M. “Best available control 

technology (BACT)” means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each regulated [new 

No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

source review pollutant which would be emitted from any proposed major stationary source or major modification, which the director 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 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 Parts 60 and 61. If the director 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 best available control technology. 

source review] NSR pollutant 

which would be emitted from any proposed major stationary source or major modification, which the director 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 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 Parts 60 and 61. If the director 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 best available control technology. 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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.

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.

N. “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) except the activities of any vessel. 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 first twodigit 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 

O. “Class I area” means any federal 

land that is classified or reclassified as “class I” as listed in 20.11.61.25 NMAC. 

No Change No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

P. “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 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.

No Change No Change 

Q. “Complete” means, in reference 

to an application for a permit, that the department has determined the application contains all of the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the department from requesting or 

No Change No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

accepting any additional information.

R. “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 

S. “Continuous emissions 

monitoring system (CEMS)” means all of the equipment that may be required to meet the data acquisition and availability requirements of 20.11.61 NMAC, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.

No Change No Change 

T. “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 

U. “Continuous parameter 

monitoring system (CPMS)” means all of the equipment necessary to meet the data acquisition and availability requirements of 20.11.61 NMAC, to monitor process and control device operational parameters (for example, control device 

No Change No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

secondary voltages 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.

V. “Department” means the city of 

Albuquerque, environmental health department or its successor agency.

No Change No Change 

W. “Director” means the director of 

the city of Albuquerque, environmental health department or the director of its successor agency.

No Change No Change 

X. “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 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

Y. “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 20.11.61.7 NMAC. For purposes of 20.11.61 NMAC, there are two types of emissions units as follows: (1) a new emissions unit is 

any emissions unit that is (or will be) newly constructed and that has existed for less than two 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 Subsection Y of 20.11.61.7 NMAC. A replacement unit is an existing unit.

Y. “Emissions unit” means any part 

of a stationary source that emits or would have the potential to emit any regulated [new source review] 

NSR pollutant and includes an electric utility steam generating unit as defined in 20.11.61.7 NMAC. For purposes of 20.11.61 NMAC, there are two types of emissions units as follows: (1) a new emissions unit is 

any emissions unit that is (or will be) newly constructed and that has existed for less than two 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 Subsection Y of 20.11.61.7 NMAC. A replacement unit is an existing unit.

No Change 

AA. “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 

No Change No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

implementation plan (SIP); 

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

BB. “Fugitive emissions” means 

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

No Change No Change 

CC. “Greenhouse gases” or “GHGs” 

means the air pollutant defined in § 86.1818–12(a) of Chapter I of Title 40 of the CFR, as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. 

No Change No Change 

DD. “High terrain” means any area 

having an elevation 900 feet or more above the base of a source's stack. 

No Change No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

EE. “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 possessing power of self government.

No Change No Change 

FF. “Innovative control technology” 

means any system of air pollution control that has not been adequately demonstrated in practice, but 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 

GG. “Low terrain” means any area 

other than high terrain.

No Change No Change 

HH. “Lowest achievable emission 

rate (LAER)” 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 

No Change No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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. 

II. “Major modification” 

(1) 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; and a significant net emissions 

II. “Major modification” 

(1) 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] NSR pollutant; and a significant net 

No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

increase of that pollutant from the major stationary source. 

(2) Any significant 

emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or oxides of nitrogen shall be considered significant for ozone. 

(3) 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 

emissions increase of that pollutant from the major stationary source. 

(2) Any significant 

emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or oxides of nitrogen shall be considered significant for ozone. 

(3) 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 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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; 

(e) use of an 

alternative fuel or raw material by a stationary source which: (i) the 

source was capable of accommodating before Januar

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; 

(e) use of an 

alternative fuel or raw material by a stationary source which: (i) the 

source was capable of accommodating before Januar
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

y 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 

y 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 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

pursuant to 40 CFR Subpart I 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 

pursuant to 40 CFR Subpart I 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 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

the production rate, 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 Subpart I 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: 

the production rate, 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 Subpart I 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: 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

(i) the 

state implementation plan for the state in which the project is located; and 

(ii) other 

requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is 

(i) the 

state implementation plan for the state in which the project is located; and 

(ii) other 

requirements necessary to attain and maintain the [nation

al ambient air quality standards] NAAQS during the project and after it 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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 new source review pollutant emitted by the unit; this exemption shall apply on a pollutant-bypollutant basis; or 

(j) the reactivation 

of a very clean coal-fired electric utility steam generating unit. 

(4) This definition shall not 

apply with respect to a particular regulated new source review pollutant when the major 

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 [new source 

review] NSR pollutant emitted by the unit; this exemption shall apply on a pollutant-bypollutant basis; or 

(j) the reactivation 

of a very clean coal-fired electric utility steam generating unit. 

(4) This definition shall not 

apply with respect to a particular regulated [new 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

stationary source is complying with the requirements under 20.11.61.20 NMAC for a PAL for that pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.11.61.20 NMAC shall apply. 

source review] NSR 

pollutant when the major stationary source is complying with the requirements under 20.11.61.20 NMAC for a PAL for that pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.11.61.20 NMAC shall apply. 

JJ. “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. 

JJ. “Major source baseline date” 

means: (1) in the case of [particulate 

matter] PM10 and 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. 

No Change 

KK. “Major stationary source” 

(1) means: 

(a) any stationary 

source listed in Table 1 of 20.11.61.26 NMAC which emits, or has the potential to emit, 100 tons per year or more 

KK. “Major stationary source” 

(1) means: 

(a) any stationary 

source listed in Table 1 of 20.11.61.26 NMAC which emits, or has the potential to emit, 100 tons per year or more 

No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

of any regulated new source review pollutant; 

(b) notwithstanding 

the stationary source categories specified in Subparagraph (a) of Paragraph (1) of Subsection KK of 20.11.61.7 NMAC, any stationary source which emits, or has the potential to emit, 250 tons per year or more of any regulated new source review pollutant; or 

(c) any physical 

change that would occur at a stationary source not otherwise qualifying under Subsection KK of 20.11.61.7 NMAC, as a major stationary 

of any regulated [new source 

review] NSR pollutant; 

(b) notwithstanding 

the stationary source categories specified in Subparagraph (a) of Paragraph (1) of Subsection KK of 20.11.61.7 NMAC, any stationary source which emits, or has the potential to emit, 250 tons per year or more of any regulated [new source review] NSR pollutant; or 

(c) any physical 

change that would occur at a stationary source not otherwise qualifying under Subsection KK of 20.11.61.7 NMAC, as a major stationary 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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

(2) A major source that is 

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

(3) The fugitive emissions of 

a stationary source shall not be included in determining whether it is a major stationary source, unless the source belongs to one of the stationary source categories found in Table 1 of 20.11.61.26 NMAC or any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the act.

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

(2) A major source that is 

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

(3) The fugitive emissions of 

a stationary source shall not be included in determining whether it is a major stationary source, unless the source belongs to one of the stationary source categories found in Table 1 of 20.11.61.26 NMAC or any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the act.

LL. “Mandatory federal class I 

area” means any area identified in 40 CFR Part 81, Subpart D. 

No Change No Change 

MM. “Minor source baseline date” 

means the earliest date after the trigger date on which a major stationary source or major modification subject to 40 CFR 

MM. “Minor source baseline date” 

means the earliest date after the trigger date on which a major stationary source or major modification subject to 40 CFR 52.21, or [20.11.61 NMAC] to 

No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

52.21, or 20.11.61 NMAC, submits a complete application. (1) The trigger dates are: 

(a) August 7, 1977, 

for particulate matter and sulfur dioxide; and 

(b) February 8, 

1988 for nitrogen dioxide. 

(2) The baseline date is 

established for each pollutant for which increments or other equivalent measures have been established if: (a) the area in 

which the proposed major stationary source or major modification would construct is designated as attainment or unclassifiable under Section 107(d)(i)(D) or (E) of the federal act for the pollutant on the date of its complete application 

regulations approved pursuant to 

40 CFR 51.166, submits a complete application under the relevant regulations. (1) The trigger dates are: 

(a) August 7, 1977, 

for [particulate 

matter] PM10 and sulfur dioxide; and 

(b) February 8, 

1988 for nitrogen dioxide; and 

(c) October 20, 

2011, for PM2.5. 

(2) The baseline date is 

established for each pollutant for which increments or other equivalent measures have been established if: (a) the area in 

which the proposed major stationary source or major modification would construct is designated as attainment or unclassifiable under Section [107(d)(1) (D) 

or (E)] 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

under 40 CFR 52.21 or 20.11.61 NMAC; and 

(b) in the case of a 

major stationary source, the pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase of the pollutant. 

(3) Any minor source 

baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that the department may rescind any such minor source baseline date where it can be shown, to the director's satisfaction that, either the emissions increase from the major stationary source, or the 

107(d)(1)(A)(ii) 

or (iii) of the federal act for the pollutant on the date of its complete application under 40 CFR 52.21 or [20.11.61 NMAC] under regulations approved pursuant to 40 CFR 51.166; and 

(b) in the case of a 

major stationary source, the pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase of the pollutant. 

(3) Any minor source 

baseline date established originally for the TSP increments shall remain in effect and shall apply 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM10 emissions.

for purposes of determining the amount of available PM10 increments, except that the department may rescind any such minor source baseline date where it can be shown, to the director's satisfaction that, either 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.

NN. “Natural conditions” includes 

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

No Change No Change 

OO. “Necessary preconstruction 

approvals or permits” mean 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. 

No Change No Change 

PP. “Net emissions increase” 

(1) Means, that with respect 

to any regulated new 

PP. “Net emissions increase” 

(1) Means, that with respect 

to any regulated [new 

No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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 Subsection D of 20.11.61.11 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 

source review] NSR 

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 Subsection D of 20.11.61.11 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 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

increases and decreases shall be determined as provided in Subsection I of 20.11.61.7 NMAC, except that Subparagraph (c) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of Subsection I of 20.11.61.7 NMAC shall not apply. 

(2) An increase or decrease 

in actual emissions is contemporaneous with the increase from the particular change only if it occurs between: (a) the date five 

years prior to the commencement of construction on the particular change; and 

(b) the date that the 

increase from the particular change occurs. 

increases and decreases shall be determined as provided in Subsection I of 20.11.61.7 NMAC, except that Subparagraph (c) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of Subsection I of 20.11.61.7 NMAC shall not apply. 

(2) An increase or decrease 

in actual emissions is contemporaneous with the increase from the particular change only if it occurs between: (a) the date five 

years prior to the commencement of construction on the particular change; and 

(b) the date that the 

increase from the particular change occurs. 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

(3) An increase or decrease 

in actual emissions is creditable only if: (a) it occurs 

between: (i) the 

date five years prior to the commencement of construction on the particular change; and 

(ii) 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 

(3) An increase or decrease 

in actual emissions is creditable only if: (a) it occurs 

between: (i) the 

date five years prior to the commencement of construction on the particular change; and 

(ii) 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 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

source under regulations approved pursuant to 20.11.61 NMAC, 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 oxides of nitrogen 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: 

source under regulations approved pursuant to [20.11.61 

NMAC] 40 CFR 51.166, which permit is in effect when the increase in actual emissions from the particular change occurs; and 

(c) the increase or 

decrease in emissions did not occur at a clean unit, as defined in 40 CFR 51.166(b)(3)(iii)(c) and Federal Register Vol. 76 No. 61, 3/30/11, p. 17554. 

(d) As it pertains to 

an increase or decrease in fugitive emissions (to the extent quantifiable), it occurs at an emissions unit 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

(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 the particular change; and 

(7) an increase that results 

from a physical change at a source occurs when the emissions unit on which construction occurred 

that is part of 

one of the source categories listed in Paragraph (3) of Subsection KK of 20.11.61.7 NMAC or it occurs at an emission unit that is located at a major stationary source that belongs to one of the listed source categories. Fugitive emission increases or decreases are not included for those emissions units located at a facility whose primary activity is not represented by one of the source categories listed in Paragraph (3) of Subsection KK of 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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 20.11.61.7 NMAC shall not apply for determining creditable increases and decreases. 

20.11.61.7 

NMAC and that are not, by themselves, part of a listed source category. 

(4) An increase or decrease 

in actual emissions of sulfur dioxide, particulate matter, or oxides of nitrogen 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 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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 the particular change; and 

(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 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

shakedown period, not to exceed 180 days. 

(8) Paragraph (2) of 

Subsection B of 20.11.61.7 NMAC shall not apply for determining creditable increases and decreases. 

QQ. “Nonattainment area” means an 

area which has been designated under Section 107 of the act as nonattainment for one or more of the national ambient air quality standards by EPA.

QQ. “Nonattainment area” means an 

area which has been designated under Section 107 of the act as nonattainment for one or more of the [national ambient air quality 

standards] NAAQS by EPA.

No Change 

RR. “Portable stationary source” 

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

No Change No Change 

SS. “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 the limitation would have on emissions is federally enforceable. Secondary emissions 

No Change No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

do not count in determining the potential to emit of a stationary source. 

TT. “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, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis. 

No Change No Change 

UU. “Project” means a physical 

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

No Change No Change 

VV. “Projected actual emissions” 

(1) 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 five 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 

VV. “Projected actual emissions” 

(1) Means the maximum 

annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated [new source 

review] NSR pollutant in any one of the five years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following 

No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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. 

(2) In determining the 

projected actual emissions (before beginning actual construction), the owner or operator of the major stationary source: (a) 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 

that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that regulated [new source review] 

NSR 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. 

(2) In determining the 

projected actual emissions (before beginning actual construction), the owner or operator of the major stationary source: (a) 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 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under an approved SIP; and 

(b) shall include 

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

(c) 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 

highest projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under an approved SIP; and 

(b) shall include 

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

(c) 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 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

accommodated during the consecutive 24-month period used to establish the baseline actual emissions under Subsection I of 20.11.61.7 NMAC and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or 

(3) may elect to use the 

emissions unit's potential to emit in tons per year in lieu of using the method set out in Subparagraphs (a)-(c) of Paragraph (2) of Subsection VV of 20.11.61.7 NMAC. 

could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under Subsection I of 20.11.61.7 NMAC and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or 

(3) [may elect to use the 

emissions unit's potential to emit in tons per year] in lieu of using the method set out in Subparagraphs (a)-(c) of Paragraph (2) of Subsection VV of 20.11.61.7 NMAC, may elect to use the emission unit’s potential to emit in tons per year. 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

WW. “Regulated new source review 

pollutant” means the following: 

(1) any pollutant for which a 

national ambient air quality standard has been promulgated and any pollutant identified under Paragraph (1) of Subsection WW of 20.11.61.7 NMAC as a constituent or precursor to such pollutant; precursors identified by the administrator for purposes of new source review 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 

WW. “Regulated new source review 

pollutant” or “regulated NSR 

pollutant” means the following: (1) any pollutant for which a 

[national ambient air 

quality standard] NAAQS has been promulgated; [and] this includes, but is not limited to the following: (a) 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 

No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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 PM 2.5 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 

PM2.5 and 

PM10 in PSD 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 40 CFR 51.166 unless the applicable implementation plan required 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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; 

(4) any pollutant that 

otherwise is “subject to regulation” under the act as defined in Subsection CCC of 20.11.61.7 NMAC; 

(5) notwithstanding 

Paragraphs (1) through (4) of Subsection WW of 20.11.61.7 NMAC, 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 

condensable 

particulate matter to be included; 

(b) any pollutant 

identified under Subparagraph (b) of Paragraph (1) of Subsection WW of 20.11.61.7 NMAC as a constituent or precursor to [such] a pollutant for which a NAAQS has been promulgated; precursors identified by the administrator for purposes of [new source review] NSR are the following:[(a)] (i) volatile 

organic compounds and nitrogen oxides 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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 (or any earlier date established in the upcoming rulemaking codifying test methods), such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5 and PM10 in PSD permits; compliance with emissions limitations for PM, PM2.5 and PM10 issued prior to this date shall not be based on 

are precursors to ozone in all attainment and unclassifiable areas; 

[(b)] (ii) sulfur 

dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas; 

[(c)] 

(iii)nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan; applicability determination made prior to this date without accounting for condensable particulate matter shall not be considered in violation of 20.11.61 NMAC unless the applicable implementation plan required condensable particulate matter to be included. 

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 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

ambient PM 2.5 concentrations; 

[(d)] (iv)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 demon
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

strates 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; 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

(4) any pollutant that 

otherwise is “subject to regulation” under the act as defined in Subsection CCC of 20.11.61.7 NMAC; 

(5) notwithstanding 

Paragraphs (1) through (4) of Subsection WW of 20.11.61.7 NMAC, 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 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

ambient temperatures; on or after January 1, 2011 (or any earlier date established in the upcoming rulemaking codifying test methods), such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5 and PM10 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 determination made prior to this date without accounting for condensable particulate matter shall not be considered in violation of 20.11.61 NMAC unless the applicable implementation plan required condensable 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

particulate matter to be included. 

XX. “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 

No Change No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

emissions unit is brought back into operation, it shall constitute a new emissions unit. 

YY. “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 20.11.61 NMAC, 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. 

YY. “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 [20.11.61 NMAC] 

40 CFR 51.166, 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 

ZZ. “Significant” means: 

(1) in reference to a net 

emissions increase or the potential of a source to 

ZZ. “Significant” means: 

(1) in reference to a net 

emissions increase or the potential of a source to 

No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

emit any of the pollutants listed in Table 2 of 20.11.61.27 NMAC, a rate of emissions that would equal or exceed any of the corresponding emission rates listed in Table 2 of 20.11.61.27 NMAC; 

(2) in reference to a net 

emissions increase or the potential of a source to emit a regulated new source review pollutant that Paragraph (1) of Subsection ZZ of 20.11.61.7 NMAC, does not list, any emissions rate; and 

(3) notwithstanding 

Paragraph (1) of Subsection ZZ of 20.11.61.7 NMAC, any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within 10 kilometers of a class I area, and have an impact on such area equal to or greater than 1 μg/m3 (24-hour average). 

emit any of the pollutants listed in Table 2 of 20.11.61.27 NMAC, a rate of emissions that would equal or exceed any of the corresponding emission rates listed in Table 2 of 20.11.61.27 NMAC; 

(2) in reference to a net 

emissions increase or the potential of a source to emit a regulated [new 

source review] NSR pollutant that Paragraph (1) of Subsection ZZ of 20.11.61.7 NMAC, does not list, any emissions rate; and 

(3) notwithstanding 

Paragraph (1) of Subsection ZZ of 20.11.61.7 NMAC, any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within 10 kilometers of a class I area, and have an impact on such area equal to or greater than 1 μg/m3 (24-hour average). 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

AAA. “Significant emissions increase” 

means, for a regulated new source review pollutant, an increase in emissions that is significant for that pollutant. 

AAA. “Significant emissions increase” 

means, for a regulated [new 

source review] NSR pollutant, an increase in emissions that is significant for that pollutant. 

No Change 

BBB. “Stationary source” means any 

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

BBB. “Stationary source” means any 

building, structure, facility, or installation which emits, or may emit, any regulated [new source 

review] NSR pollutant. 

No Change 

CCC. “Subject to regulation” means, 

for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the administrator in Subchapter C of Chapter I of Title 40 of the CFR, 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 (4) and (5) of Subsection CCC of 20.11.61.7 NMAC. 

(2) For purposes of 

Paragraphs (3) through (5) of Subsection CCC of 

CCC. “Subject to regulation” means, 

for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the administrator in Subchapter C of Chapter I of Title 40 of the CFR, 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 (4) and (5) of Subsection CCC of 20.11.61.7 NMAC and 

shall not be subject to regulation if the stationary source 

CCC. “Subject to regulation” means, 

for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, oa nationally-applicable regulation codified by the administrator in Subchapter C of Chapter I of Titl40 of the CFR, that requires actucontrol 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 (4) and (5) oSubsection CCC of 20.11.61.7 NMAC and shall not be subject to regulation if the stationary source 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

20.11.61.7 NMAC, the term “tpy CO2 equivalent emissions (CO2e)” shall represent an amount of GHGs emitted, and shall be computed as follows: (a) multiplying the 

mass amount of emissions (tpy), 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 Part 98 of Chapter I of Title 40 of the CFR — Global Warming Potentials; 

(b) sum the 

resultant value from Subparagraph (a) of Paragraph (2) of Subsection CCC of 20.11.61.7 NMAC for each 

maintains its total 

source-wide emissions below the GHG PAL level meets the requirements in 20.11.61.20 NMAC and complies with the PAL permit containing the GHG PAL. 

(2) For purposes of 

Paragraphs (3) through (5) of Subsection CCC of 20.11.61.7 NMAC, the term “tpy CO2 equivalent emissions (CO2e)” shall represent an amount of GHGs emitted, and shall be computed as follows: (a) multiplying the 

mass amount of emissions (tpy), 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 Part 98 of Chapter I of Title 40 of the 

maintains its total source-wide emissions below the GHG PAL level meets the requirements in 20.11.61.20 NMAC and complies with the PAL permit containing the GHG PAL. 

(2) For purposes of 

Paragraphs (3) through (5) of Subsection CCC o20.11.61.7 NMAC, the term “tpy CO2 equivalent emissions (CO2e)” shall represent an amount of GHGs emitted, and shall be computed as follows: (a) multiplying the 

mass amount oemissions (tpy)for each of the six greenhouse gases in the pollutant GHGby the gas’s associated global warming potential published at Table A–1 to subpart A of Part 98 of Chapter I of Title 40 of the 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

gas to compute a tpy CO2e. 

(3) The term “emissions 

increase” as used in Paragraphs (4) and (5) of Subsection CCC of 20.11.61.7 NMAC, shall mean that both a significant emissions increase (as calculated using the procedures in Subsection D of 20.11.61.11 NMAC) and a significant net emissions increase (as defined in Subsection PP of 20.11.61.7 NMAC and Subsection ZZ of 20.11.61.7 NMAC) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and ‘‘significant’’ is defined as 75,000 tpy CO2e instead of applying the value in Table 2 of 20.11.61.27 NMAC. 

(4) Beginning January 2, 

2011, the pollutant GHGs is subject to regulation if: 

CFR — Global Warming Potentials; for 

purposes of Paragraph (2) of Subsection CCC of 20.11.61.7 NMAC, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of nonfossilized and biodegradable organic material originating from plants, animals, or microorganisms (including products, byproducts, residues and waste from agriculture, forestry and related industries as 

CFR — GlobaWarming Potentials; [for purposes of Paragraph (2) oSubsection CCof 20.11.61.7 NMAC, prior tJuly 21, 2014, the mass of the greenhouse gas carbon dioxide shall not includcarbon dioxide emissions resulting from the combustion or decomposition of nonfossilized and biodegradable organic materiaoriginating from plants, animalsor microorganisms (including products, byproducts, residues and waste from agriculture, forestry and related industries as 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

(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 tpy 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, and an emissions increase of 75,000 tpy CO2e or more; and, 

(5) beginning July 1, 2011, 

in addition to the provisions in Paragraph (4) of Subsection CCC of 20.11.61.7 NMAC, the 

well as the nonfossilized and 

biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material); 

(b) sum the 

resultant value from Subparagraph (a) of Paragraph (2) of Subsection CCC of 20.11.61.7 NMAC for each gas to compute a tpy CO2e. 

(3) The term “emissions 

increase” as used in Paragraphs (4) and (5) of Subsection CCC of 20.11.61.7 NMAC, shall mean that both a significant emissions 

well as the non

fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material);] 

(b) sum the 

resultant value from Subparagraph (a) of Paragrap(2) of Subsection CCof 20.11.61.7 NMAC for eacgas to compute a tpy CO2e. 

(3) The term “emissions 

increase” as used in Paragraphs (4) and (5) oSubsection CCC of 20.11.61.7 NMAC, shalmean that both a significant emissions 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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 tpy CO2e; or 

(b) at an existing 

stationary source that emits or has the potential to emit 100,000 tpy 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 tpy CO2e or more.

increase (as calculated using the procedures in Subsection D of 20.11.61.11 NMAC) and a significant net emissions increase (as defined in Subsection PP of 20.11.61.7 NMAC and Subsection ZZ of 20.11.61.7 NMAC) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and ‘‘significant’’ is defined as 75,000 tpy CO2e instead of applying the value in Table 2 of 20.11.61.27 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 

increase (as calculated using the procedures in Subsection D of 20.11.61.11 NMAC) ana significant net emissions increase (as defined in Subsection Pof 20.11.61.7 NMAC anSubsection ZZ of 20.11.61.7 NMAC) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutantand ‘‘significant’’ is defined as 75,000 tpy CO2e instead of applyinthe value in Table 2 of 20.11.61.27 NMAC. 

(4) Beginning January 2, 

2011, the pollutant GHGs is subject to regulation if: (a) the stationary 

source is a new major stationarsource for a regulated NSR pollutant that inot GHGs, and also will emit owill have the potential to em
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

75,000 tpy 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, and an emissions increase of 75,000 tpy CO2e or more; and, 

(5) beginning July 1, 2011, 

in addition to the provisions in Paragraph (4) of Subsection CCC of 20.11.61.7 NMAC, 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 tpy CO2e; or 

75,000 tpy CO2e or more; or 

(b) the stationary 

source is an existing major stationary source for a regulated NSR pollutant that inot GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO2e or more; and, 

(5) beginning July 1, 2011, 

in addition to the provisions in Paragraph (4) of Subsection CCC o20.11.61.7 NMAC, the pollutant GHGs shall also be subject to regulation: (a) at a new 

stationary source that wilemit or have thpotential to em100,000 tpy CO2e; or 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

(b) at an existing 

stationary source that emits or has the potential to emit 100,000 tpy 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 tpy CO2e or more. 

(b) at an existing 

stationary source that emits or has thpotential to em100,000 tpy CO2e, when such stationary source undertakes a physical changor change in thmethod of operation that will result in an emissions increase of 75,000 tpy CO2e or more. 

DDD. “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 

EEE. “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 

FFF. “Volatile organic compound 

(VOC)” means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or 

No Change No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions; this includes any such organic compound other than those which the administrator designates as having negligible photochemical reactivity under 40 CFR 51.100(s). 

Existing State Implementation Plan Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

20.11.61.10 DOCUMENTS: No Change No change to the existing Documents incorporated and cited in 20.11.61 NMAC may be viewed at the Albuquerque environmental health department, One Civic Plaza NW, 3rd Floor, Room 3023, Albuquerque, NM 87102. 

Documents incorporated and cited in 20.11.61 NMAC may be viewed at the Albuquerque environmental health department, One Civic Plaza NW, 3rd Floor, [Room] Suite 3023, Albuquerque, 

NM 87102. 

Provisions revised to proRevisions are approvable

Existing State Implementation Plan Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

20.11.61.11 APPLICABILITY: No Change No Change A. The requirements of 20.11.61 

NMAC apply to the construction of any new major stationary source or any project at an existing major stationary source in 

No Change No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

an area designated as attainment or unclassifiable. 

B. The requirements of Sections 

20.11.61.12 NMAC through 20.11.61.18 NMAC, 20.11.61.21 NMAC and 20.11.61.24 NMAC apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as 20.11.61 NMAC otherwise provides.

B. The requirements of Sections 

20.11.61.12 NMAC [through] and 

20.11.61.13 NMAC, Subsections A through C of 20.11.61.14 NMAC, Paragraph (1) of Subsection B of 20.11.61.15 NMAC, Subsections A and B of 20.11.61.16 NMAC, 20.11.61.17 NMAC, Subsections A through C of 20.11.61.18 NMAC, Subsections B and C of 20.11.61.21 NMAC and 20.11.61.24 NMAC apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as 20.11.61 NMAC otherwise provides.

B. [The requirements of Sections 

20.11.61.12 NMAC and 20.11.61.13 NMAC, Subsections through C of 20.11.61.14 NMAC, Paragraph (1) of Subsection B of 20.11.61.15 NMAC, Subsections and B of 20.11.61.16 NMAC, 20.11.61.17 NMAC, Subsections through C of 20.11.61.18 NMAC, Subsections B and C of 20.11.61.21 NMAC and 20.11.61.24 NMAC apply to the construction of any new major stationary source or the major modification of any existing majostationary source, except as 20.11.61 NMAC otherwise provides.] The requirements of Sections 20.11.61.12 NMAC through 20.11.61.18 NMAC, 20.11.61.21 NMAC and 20.11.61.24 NMAC apply to the construction of any new major stationary source or the major modification of any existing majostationary source, except as 20.11.61 NMAC otherwise provides. 

C. No new major stationary source or 

major modification to which the requirements of Subsections A, B, C and D of 20.11.61.12 NMAC, Sections 20.11.61.13 NMAC through 20.11.61.18 NMAC, 

C. No new major stationary source or 

major modification to which the requirements of Subsections A, B, C and D of 20.11.61.12 NMAC, [Sections] Section 20.11.61.13 

NMAC [through], Subsections A 

C. [No new major stationary source o

major modification to which the requirements of Subsections A, BC and D of 20.11.61.12 NMAC, Section 20.11.61.13 NMAC , Subsections A through C of 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

20.11.61.21 NMAC and 20.11.61.24 NMAC apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet those requirements. 

through C of 20.11.61.14 NMAC, 

Paragraph (1) of Subsection B of 20.11.61.15 NMAC, Subsections A and B of 20.11.61.16 NMAC, 20.11.61.17 NMAC, Subsections A and C of 20.11.61.18 NMAC, Subsections B and C of 20.11.61.21 NMAC and 20.11.61.24 NMAC apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet those requirements. 

20.11.61.14 NMAC, Paragraph (1

of Subsection B of 20.11.61.15 NMAC, Subsections A and B of 20.11.61.16 NMAC, 20.11.61.17 NMAC, Subsections A and C of 20.11.61.18 NMAC, Subsections and C of 20.11.61.21 NMAC and 20.11.61.24 NMAC apply shall begin actual construction without permit that states that the major stationary source or major modification will meet those requirements.] No new major stationary source or major modification to which the requirements of Subsections A, BC and D of 20.11.61.12 NMAC, Sections 20.11.61.13 NMAC through 20.11.61.18 NMAC, 20.11.61.21 NMAC and 20.11.61.24 NMAC apply shall begin actual construction without permit that states that the major stationary source or major modification will meet those requirements. 

D. Applicability procedures. 

(1) Except as otherwise 

provided in Subsection E of 20.11.61.11 NMAC, and consistent with the definition of major modification, a project is a major modification for a regulated new source review pollutant if it 

D. Applicability procedures. 

(1) Except as otherwise 

provided in Subsection E of 20.11.61.11 NMAC, and consistent with the definition of major modification, a project is a major modification for a regulated [new source 

review] NSR pollutant if 

No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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

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

(2) 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 Paragraphs (3) through (4) of Subsection D of 20.11.61.11 NMAC. 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 

(2) 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 Paragraphs (3) through [(4)] (5) of 

Subsection D of 20.11.61.11 NMAC. 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 

No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

the process) is contained in the definition in Subsection PP of 20.11.61.7 NMAC. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.

the process) is contained in the definition in Subsection PP of 20.11.61.7 NMAC. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.

(3) Actual-to-projectedactual applicability test 

for projects that only 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 for each existing emissions unit equals or exceeds the significant amount for that pollutant.

(3) Actual-to-projectedactual applicability test 

for projects that only involve existing emissions units. A significant emissions increase of a regulated [new source review] 

NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals or exceeds the significant amount for that pollutant.

No Change 

(4) Actual-to-potential test 

for projects that only involve construction of a new emissions unit(s). A significant emissions increase of a regulated 

(4) Actual-to-potential test 

for projects that only involve construction of a new emissions unit(s). A significant emissions increase of a regulated 

No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

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 of these units before the project equals or exceeds the significant amount for that pollutant. 

[new source review] 

NSR 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 of these units before the project equals or exceeds the significant amount for that pollutant.

 (5) Hybrid test for projects 

that involve multiple types of emissions units. A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in Paragraphs (3) and (4) of Subsection D of 20.11.61.11 NMAC as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant.

 (5) Hybrid test for projects 

that involve multiple types of emissions units. A significant emissions increase of a regulated [new source review] 

NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in Paragraphs (3) and (4) of Subsection D of 20.11.61.11 NMAC as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant.

No Change 

E. For any major stationary source 

for a PAL for a regulated new 

E. For any major stationary source 

for a PAL for a regulated [new 

No Change 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Revisions to 20.2.61 NMAC Submitted as a Parallel Processing Request on March 4, 2015 

source review pollutant, the major stationary source shall comply with requirements under 20.11.61.20 NMAC. 

source review] NSR pollutant, the 

major stationary source shall comply with requirements under 20.11.61.20 NMAC. 

Existing State Implementation Plan Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

20.11.61.12 OBLIGATIONS OF OWNERS OR OPERATORS OF SOURCES:

No Change 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 20.11.61 NMAC shall be subject to enforcement action. 

No Change No change to the existing 

B. Approval to construct shall not relieve any 

person from the responsibility to comply fully 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 construction is not commenced within 18 months after receipt of such approval, if construction is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time; the administrator may extend the 18-month period upon a satisfactory showing that an extension is 

No Change No change to the existing 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

justified; this provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within 18 months of the projected and approved commencement date. 

D. At such time that a particular source or 

modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then 20.11.61 NMAC shall apply to the source or modification as though construction had not yet commenced on the source or modification. 

No Change No change to the existing 

E. Except as otherwise provided in 

Subparagraph (b) of Paragraph (6) of Subsection E of 20.11.61.12 NMAC the following specific provisions apply with respect to any regulated new source review 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) of Subsection E of 20.11.61.12 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) 

E. Except as otherwise provided in 

[Subparagraph (b) of] Paragraph (6) of 

Subsection E of 20.11.61.12 NMAC the following specific provisions apply with respect to any regulated [new source review] 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) of Subsection E of 20.11.61.12 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 

Acronym was added and match the federal provisi51.166(r)(6). Revisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

through (3) of Subsection VV of 20.11.61.7 NMAC for calculating projected actual emissions. 

in Paragraphs (1) through (3) of Subsection VV of 20.11.61.7 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 VV of 20.11.61.7 NMAC and an explanation for why such amount was excluded, and any 

(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] 

NSR 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] NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under Paragraph (3) of Subsection VV of 20.11.61.7 NMAC and an explanation for why such amount was excluded, and any 

Acronyms were added. Non-substantive changes
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

netting calculations, if applicable.

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 Subsection E of 20.11.61.12 NMAC to the department. Nothing in Paragraph (2) of Subsection E of 20.11.61.12 NMAC shall be construed to require the owner or operator of such a unit to obtain any determination from the department before beginning actual construction; however, necessary preconstruction approvals and/or permits must be obtained before beginning actual construction.

No Change No change to the existing 

(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 Subsection E of 20.11.61.12 NMAC; and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular 

(3) The owner or operator shall 

monitor the emissions of any regulated [new source review] 

NSR 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 Subsection E of 20.11.61.12 NMAC; and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular 

Acronyms were added. Non-substantive changes
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

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. For purposes of Paragraph (3) of Subsection E of 20.11.61.12 NMAC, fugitive emissions (to the extent quantifiable) shall be monitored if the emissions unit is part of one of the source categories listed in Table 1 of 20.11.61.26 NMAC or if the emissions unit is located at a major stationary source that belongs to one of the listed source categories. 

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] NSR 

pollutant at such emissions unit. For purposes of Paragraph (3) of Subsection E of 20.11.61.12 NMAC, fugitive emissions (to the extent quantifiable) shall be monitored if the emissions unit is part of one of the source categories listed in Table 1 of 20.11.61.26 NMAC or if the emissions unit is located at a major stationary source that belongs to one of the listed source categories.

(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 Subsection E of 20.11.61.12 NMAC setting out the unit's annual emissions during the calendar year that preceded submission of the report. 

No Change No change to the existing 

(5) If the unit is an existing unit 

other than an electric utility steam generating unit, the owner 

(5) If the unit is an existing unit 

other than an electric utility steam generating unit, the owner 

Acronym was added. Non-substantive changes
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

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 Subsection E of 20.11.61.12 NMAC, exceed the baseline actual emissions (as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of Subsection E of 20.11.61.12 NMAC) by a significant amount 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 Subsection E of 20.11.61.12 NMAC. 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 Subsection E of 20.11.61.12 NMAC; and 

(c) any other information 

that the owner or operator wishes to include in the report 

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 Subsection E of 20.11.61.12 NMAC, exceed the baseline actual emissions (as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of Subsection E of 20.11.61.12 NMAC) by a significant amount for that regulated [new source review] 

NSR pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of Subsection E of 20.11.61.12 NMAC. 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 Subsection E of 20.11.61.12 NMAC; and 

(c) any other information 

that the owner or operator wishes to include in the report 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

(e.g., an explanation as to why the emissions differ from the preconstruction projection).

(e.g., an explanation as to why the emissions differ from the preconstruction projection). 

 (6) A ‘‘reasonable possibility’’ under 

Subsection E of 20.11.61.12 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 AAA of 20.11.61.7 NMAC (without reference to the amount that is a significant net emissions increase), for the regulated new source review pollutant; or 

(b) a projected actual 

emissions increase that, added to the amount of emissions excluded under Paragraph (3) of Subsection VV of 20.11.61.7 NMAC, sums to at least 50 percent of the amount that is a “significant emissions increase,” as defined under 

 (6) A ‘‘reasonable possibility’’ under 

Subsection E of 20.11.61.12 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 AAA of 20.11.61.7 NMAC (without reference to the amount that is a significant net emissions increase), for the regulated [new source 

review] NSR pollutant; or 

(b) a projected actual 

emissions increase that, added to the amount of emissions excluded under Paragraph (3) of Subsection VV of 20.11.61.7 NMAC, sums to at least 50 percent of the amount that is a “significant emissions increase,” as 

Acronyms were added. Non-substantive changes
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

Subsection AAA of 20.11.61.7 NMAC (without reference to the amount that is a significant net emissions increase), for the regulated new source review pollutant; for a project for which a reasonable possibility occurs only within the meaning of Subparagraph (b) of Paragraph (6) of Subsection E of 20.11.61.12 NMAC, and not also within the meaning of Subparagraph (a) of Paragraph (6) of Subsection E of 20.11.61.12 NMAC, then provisions of Paragraphs (2) through (5) of Subsection E of 20.11.61.12 NMAC do not apply to the project. 

defined under Subsection AAA of 20.11.61.7 NMAC (without reference to the amount that is a significant net emissions increase), for the regulated [new source 

review] NSR pollutant; for a project for which a reasonable possibility occurs only within the meaning of Subparagraph (b) of Paragraph (6) of Subsection E of 20.11.61.12 NMAC, and not also within the meaning of Subparagraph (a) of Paragraph (6) of Subsection E of 20.11.61.12 NMAC, then provisions of Paragraphs (2) through (5) of Subsection E of 20.11.61.12 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 20.11.61.12 NMAC available for review upon request for inspection by the department or the general public pursuant to the 

No Change No change to the existing 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

requirements contained in 40 CFR 70.4(b)(3)(viii).

Existing State Implementation Plan Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

20.11.61.14 CONTROL TECHNOLOGY REVIEW AND INNOVATIVE CONTROL TECHNOLOGY: 

No Change No change to the existing 

A. A new major stationary source shall apply 

best available control technology for each regulated new source review pollutant that it would have the potential to emit in amounts equal to or greater than the significance levels as listed in Table 2 of 20.11.61.27 NMAC. This requirement applies to each proposed emissions unit or operation that will emit such pollutant. 

A. A new major stationary source shall apply 

best available control technology for each regulated [new source review] NSR 

pollutant that it would have the potential to emit in amounts equal to or greater than the significance levels as listed in Table 2 of 20.11.61.27 NMAC. This requirement applies to each proposed emissions unit or operation that will emit such pollutant. 

Acronym was added. Non-substantive changes

B. A major modification shall apply best 

available control technology for each regulated new source review pollutant at the source when a significant net emissions increase occurs. This requirement applies to each proposed emissions unit or operation where a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit. 

B. A major modification shall apply best 

available control technology for each regulated [new source review] NSR 

pollutant at the source when a significant net emissions increase occurs. This requirement applies to each proposed emissions unit or operation where a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit. 

Acronym was added. Non-substantive changes

C. For phased construction projects, the 

determination of best available control technology shall be reviewed and modified as appropriate at the latest 

No Change No change to the existing 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

reasonable time but no later than 18 months prior to commencement of construction of each independent phase of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best available control technology for the source. 

D. Innovative control technology. The 

department may approve a system of innovative control technology for the major stationary source or major modification if: 

(1) the proposed control system 

would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; and 

(2) the owner or operator agrees to 

achieve a level of continuous emissions reduction equivalent to that which would have been required under Subsection A of 20.11.61.14 NMAC by a date specified by the department. Such date shall not be later than four years from the time of startup or seven years from permit issuance; and 

(3) the source or modification would 

meet the requirements equivalent to 20.11.61.14 NMAC and 20.11.61.15 NMAC based on the emissions rate that the stationary source employing the system of 

D. Innovative control technology. The 

department may approve a system of innovative control technology for the major stationary source or major modification if: 

(1) the proposed control system 

would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function; and 

(2) the owner or operator agrees to 

achieve a level of continuous emissions reduction equivalent to that which would have been required under Subsection A of 20.11.61.14 NMAC by a date specified by the department. Such date shall not be later than four years from the time of startup or seven years from permit issuance; and 

(3) the source or modification would 

meet the requirements equivalent to 20.11.61.14 NMAC and 20.11.61.15 NMAC based on the emissions rate that the stationary source employing the system of 

Acronym was added. Non-substantive changes
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

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

(4) during the interim period of 

achieving the permitted emission level, the source or modification would not: (a) cause or contribute to a 

violation of an applicable national ambient air quality standard; nor 

(b) impact any federal class 

I area; nor 

(c) impact any area where 

an applicable increment is known to be violated; and 

(5) all other applicable requirements 

including those for public participation have been met. 

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

(4) during the interim period of 

achieving the permitted emission level, the source or modification would not: (a) cause or contribute to a 

violation of an applicable [national ambient air quality standard] NAAQS; nor 

(b) impact any federal class 

I area; nor 

(c) impact any area where 

an applicable increment is known to be violated; and 

(5) all other applicable requirements 

including those for public participation have been met. 

E. The department shall withdraw any 

approval to employ a system of innovative control technology if: 

(1) the proposed system fails by the 

specified date to achieve the required continuous emissions reduction rate; or 

(2) the proposed system fails before 

the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or 

(3) the department decides at any 

time that the proposed system is 

No Change No change to the existing 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

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

F. If a source or modification fails to meet 

the required level of continuous emission reduction within the specified time period or the approval is withdrawn in accordance with Subsection E of 20.11.61.14 NMAC, the department may allow the source or modification up to an additional three years to meet the requirement for the application of best available control technology through use of a demonstrated system of control.

No Change No change to the existing 

G. If the owner or operator of a major 

stationary source or major modification previously issued a permit under 20.11.61 NMAC applies for an extension, and the new proposed date of construction is greater than 18 months from the date the permit would become invalid, the determination of best available control technology shall be reviewed and modified as appropriate before such an extension is granted. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best available control technology for the source.

No Change No change to the existing 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

20.11.61.15 AMBIENT IMPACT REQUIREMENTS: 

No Change No change to the existing 

A. The requirements of 20.11.61.15 NMAC 

shall apply to each pollutant emitted by a new major stationary source or major modification in amounts equal to or greater than that in Table 2 of 20.11.61.27 NMAC. For particulate matter, the source will only be required to perform ambient impact analysis for PM10 when the source has the potential to emit significant amounts of PM10 as determined from Table 2 of 20.11.61.27 NMAC. 

No Change No change to the existing 

B. Source impact analysis. The owner or 

operator of the proposed source or modification shall demonstrate that the allowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions, (including secondary emissions), would not cause or contribute to air pollution in violation of: 

(1) any national ambient air quality 

standard in any air quality control region; or 

(2) any applicable maximum 

allowable increase (as shown in Table 4 of 20.11.61.29 NMAC) over the baseline concentrations in any area. 

B. Source impact analysis.

(1) Required demonstration. The 

owner or operator of the proposed source or modification shall demonstrate that the allowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions, (including secondary emissions), would not cause or contribute to air pollution in violation of: 

[(1)](a) any [national ambient 

air quality standard] NAAQS in any air quality control region; or 

[(2)](b) any applicable 

maximum allowable increase (as shown in Table 4 of 20.11.61.29 NMAC) over the 

Formatting was revised. Non-substantive changes
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

baseline concentrations in any area. 

(2) Reserved

C. The owner or operator of the proposed 

major stationary source or major modification shall demonstrate that neither a violation of Paragraph (1) or Paragraph (2) of Subsection B of 20.11.61.15 NMAC will occur.

C. The owner or operator of the proposed 

major stationary source or major modification shall demonstrate that neither a violation of Subparagraph (a) or (b) of

Paragraph (1) [or Paragraph (2)] of Subsection B of 20.11.61.15 NMAC will occur.

Citations were revised as formatting changes in othNon-substantive changes

Existing State Implementation Plan Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013 

Analysis and Evaluation Federal Requirements

20.11.61.18 MONITORING REQUIREMENTS-AIR QUALITY ANALYSIS: 

20.11.61.18 [MONITORING 

REQUIREMENTS-]AIR QUALITY ANALYSIS AND MONITORING REQUIRMENTS: 

Word order of section titlNon-substantive changes

A. Preapplication analysis. Any application 

for a permit under 20.11.61 NMAC shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following pollutants: 

(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 20.11.61.27 NMAC; or 

(2) for a major modification, each 

pollutant that would result in a significant net emission increase.

A. Preapplication analysis. 

(1) Any application for a permit 

under regulations approved pursuant to 40 CFR 51.166 (e.g., 20.11.61 NMAC) shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following pollutants: 

[(1)](a) for a major stationary 

source, each pollutant [for which] that it would have the potential to emit [is equal to or 

Provisions were revised tprovisions found in 40 CRevisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013 

Analysis and Evaluation Federal Requirements

greater than the significant emission rates as listed in Table 2 of 20.11.61.27 NMAC] in a significant amount; or 

[(2)](b) for a major 

modification, each pollutant [that] for which it would result in a significant net emission increase.

B. If no national ambient air quality standard 

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 in any area that the emissions of that pollutant would affect. 

[B.](2) 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 in any area that the emissions of that pollutant would affect. 

Formatting was revised aNon-substantive changes

C. For pollutants (other than nonmethane 

hydrocarbons) for which a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase. Such data shall be submitted to the department for at least the one year period prior to receipt of the permit application. The department has the discretion to: 

[C.](3) For pollutants (other than 

nonmethane hydrocarbons) for which a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase. 

(4) [Such] The continuous air quality 

monitoring data that is required shall [be submitted to the department for at least] 

Formatting was revised a(4) was revised to match in 51.166(m)(1)(iv) Revisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013 

Analysis and Evaluation Federal Requirements

(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. 

have been gathered over a period of one 

year and shall represent the one year period [prior to] preceding receipt of the permit application. The department has the discretion to: 

[(1)](a) 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)](b) 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 or oxides of nitrogen. The owner or operator of a proposed major stationary source or major modification of volatile organic compounds who satisfies all conditions of 40 CFR Part 51 Appendix S, Section IV may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under 20.11.61.18 NMAC. 

[D.](5) Ozone monitoring shall be 

performed if monitoring data is required for volatile organic compounds or oxides of nitrogen. The owner or operator of a proposed major stationary source or major modification of volatile organic compounds who satisfies all conditions of 40 CFR Part 51 Appendix S, Section IV may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under Subsection A of 20.11.61.18 NMAC. 

Formatting and reference61 were revised. Non-substantive changes
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013 

Analysis and Evaluation Federal Requirements

E. Reserved. [E. Reserved.] Formatting was revised a

was removed. Non-substantive changes

F. Post-construction monitoring. The 

owner or operator of a major stationary source or major modification shall, after construction of the stationary source or modification, conduct such ambient monitoring as the department determines is necessary to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in any area, including monitoring to validate attainment of ambient air quality standards and to assure that increments are not exceeded. 

[F.]B. Post-construction monitoring. The 

owner or operator of a major stationary source or major modification shall, after construction of the stationary source or modification, conduct such ambient monitoring as the department determines is necessary to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in any area, including monitoring to validate attainment of ambient air quality standards and to assure that increments are not exceeded. 

Formatting was revised. Non-substantive changes

G. Operation of monitoring stations. 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 20.11.61.18 NMAC. 

[G.]C. Operation of monitoring stations. 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 Subsections A through C of 20.11.61.18 NMAC. 

References to other sectiorevised. Non-substantive changes

H. The department has the discretion to 

exempt a stationary source or modification from the requirements of 20.11.61.18 NMAC with respect to monitoring for a particular pollutant if the emissions increase 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 20.11.61.28 NMAC. 

[H.]D. Exceptions. The department has the 

discretion to exempt a proposed major stationary source or modification from the requirements of Subsections A through C of 20.11.61.18 NMAC with respect to monitoring for a particular pollutant if: 

(1) the emissions increase of the 

pollutant from [the] a new stationary source or the net emissions increase of the pollutant from [the] a 

Revisions made to update provisions promulgated bLanguage was updated to 40 CFR 51.166(i)(5). Revisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013 

Analysis and Evaluation Federal Requirements

modification would cause, in any area, [increases in ambient concentrations] air quality impacts less than the levels listed in Table 3 of 20.11.61.28 NMAC. 

I. The department shall exempt a stationary 

source or modification from the requirements of 20.11.61.18 NMAC with respect to preconstruction monitoring for a particular pollutant if: 

(1) for ozone, volatile organic 

compound emissions and oxides of nitrogen are less than 100 tons per year; or 

(2) the air pollutant is not a regulated 

new source review 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 20.11.61.28 NMAC.

[I. The department shall exempt a stationary 

source or modification from the requirements of 20.11.61.18 NMAC with respect to preconstruction monitoring for a particular pollutant if: 

(1) for ozone, volatile organic 

compound emissions and oxides of nitrogen are less than 100 tons per year; or] 

(2) [the air pollutant is not a 

regulated new source review 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 20.11.61.28 NMAC; or 

(3) the pollutant is not listed in Table 

3 of 20.11.61.28 NMAC.

Revisions made to update provisions promulgated bLanguage was updated to 40 CFR 51.166(i)(5). Revisions are approvable

Existing State Implementation Plan Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

20.11.61.20 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs) 

No Change No change to the existing 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

A. Applicability. 

(1) The department may approve the 

use of an actuals PAL for any existing major stationary source if the PAL meets the requirements of 20.11.61.20 NMAC. The term “PAL” shall mean “actuals PAL” throughout 20.11.61.20 NMAC. 

(2) Any physical change in or 

change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements of 20.11.61.20 NMAC, and complies with the PAL permit: (a) is not a major 

modification for the PAL pollutant; 

(b) does not have to be 

approved through the plan’s major NSR program; and 

(c) is not subject to the 

provisions in Subsection D of 20.11.61.12 NMAC (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the major new source review program). 

A. Applicability. 

(1) The department may approve the 

use of an actuals PAL, including 

for GHGs on either a mass basis or a CO2e basis, for any existing major stationary source or any existing GHG-only source if the PAL meets the requirements of 20.11.61.20 NMAC. The term “PAL” shall mean “actuals PAL” throughout 20.11.61.20 NMAC. 

(2) Any physical change in or 

change in the method of operation of a major stationary source or a GHG-only source that maintains its total source-wide emissions below the PAL level, meets the requirements of 20.11.61.20 NMAC, and complies with the PAL permit: (a) is not a major 

modification for the PAL pollutant; 

(b) does not have to be 

approved through the plan’s major NSR program; [and] 

(c) is not subject to the 

provisions in Subsection D of 20.11.61.12 NMAC (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the 

Revisions made to reflect related to GHG PALs pro3, 2012. Revisions are coRevisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

(3) Except as provided under 

Subparagraph (c) of Paragraph (2) of Subsection A of 20.11.61.20 NMAC, a major stationary source shall continue to comply with all applicable federal or state requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL.

major [new source 

review] NSR program); and 

(d) does not make GHGs 

“subject to regulation” as defined by Subsection CCC of 20.11.61.7 NMAC. 

(3) Except as provided under 

Subparagraph (c) of Paragraph (2) of Subsection A of 20.11.61.20 NMAC, a major stationary source or a GHG-only 

source shall continue to comply with all applicable federal or state requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL.

B. Definitions applicable to 20.11.61.20 

NMAC. (1) Actuals PAL for a major 

stationary source means a PAL based on the baseline actual emissions of all emissions units at the source that emit or have the potential to emit the PAL pollutant. 

(2) Allowable emissions means 

“allowable emissions” as defined in Subsection F of 20.11.61.7 NMAC, except as this definition is modified in accordance with the following. 

B. Definitions applicable to 20.11.61.20 

NMAC. (1) Actuals PAL for a major 

stationary source means a PAL based on the baseline actual emissions (as defined in 

Subsection I of 20.11.61.7 NMAC) of all emissions units (as defined in Subsection Y of 20.11.61.7 NMAC) at the source that emit or have the potential to emit the PAL pollutant. For a GHG-only source, actuals PAL means a PAL based on the baseline actual emissions (as defined in Paragraph (13) of 

Revisions made to reflect related to GHG PALs pro3, 2012. Revisions are coRevisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

(a) The allowable emissions 

for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit. 

(b) An emissions unit's 

potential to emit shall be determined using the definition in Subsection SS of 20.11.61.7 NMAC, except that the words “or enforceable as a practical matter” should be added after “federally enforceable”. 

(3) Small emissions unit means an 

emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in Subsection ZZ of 20.11.61.7 NMAC or in the act, whichever is lower. 

(4) Major emissions unit means: 

(a) Any emissions unit that 

emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or 

Subsection B of 20.11.61.20 

NMAC) of all emissions units (as defined in Paragraph (14) of Subsection B of 20.11.61.20 NMAC) at the source, that emit or have the potential to emit GHGs. 

(2) Allowable emissions means 

“allowable emissions” as defined in Subsection F of 20.11.61.7 NMAC, except as this definition is modified in accordance with the following. (a) The allowable emissions 

for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit. 

(b) An emissions unit's 

potential to emit shall be determined using the definition in Subsection SS of 20.11.61.7 NMAC, except that the words “or enforceable as a practical matter” should be added after “federally enforceable”. 

(3) Small emissions unit means an 

emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

(b) any emissions unit that 

emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the act for nonattainment areas. For example, in accordance with the definition of major stationary source in Section 182(c) of the act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year. 

(5) Plantwide applicability 

limitation (PAL) means an emission limitation expressed in tons-per year, for a pollutant at a major stationary source that is enforceable as a practical matter and established source-wide in accordance with 20.11.61.20 NMAC. 

(6) PAL effective date generally 

means the date of issuance of the PAL permit. However, the PAL 

the significant level for that PAL pollutant, as defined in Subsection ZZ of 20.11.61.7 NMAC or in the act, whichever is lower. For a GHG PAL issued 

on a CO2e basis, small emissions units means an emissions unit that emits or has the potential to emit less than the amount of GHGs on a CO2e basis defined as “significant” for the purposes of Paragraph (3) of Subsection CCC of 20.11.61.7 NMAC at the time the PAL permit is being issued. 

(4) Major emissions unit means: 

(a) Any emissions unit that 

emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or 

(b) any emissions unit that 

emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the act for nonattainment areas. For example, in accordance with the definition of major stationary source in Section 182(c) of the 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 

(7) PAL effective period means the 

period beginning with the PAL effective date and ending 10 years later. 

(8) PAL major modification means, 

notwithstanding the definitions for major modification and net emissions increase in 20.11.61.7 NMAC, any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 

(9) PAL permit means the major 

new source review permit, the minor new source review permit, or the state operating permit under a program that is approved into the SIP, or the title V permit issued by the department that establishes a PAL for a major stationary source. 

(10) PAL pollutant means the 

pollutant for which a PAL is established at a major stationary source. 

(11) Significant emissions unit 

means an emissions unit that emits or has the potential to emit 

act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year. 

(c) For a GHG PAL issued 

on a CO2e basis, any emissions unit that emits or has the potential to emit equal to or greater than the amount of GHGs on a CO2e basis that would be sufficient for a new source to trigger permitting requirements under Subsection CCC of 20.11.61.7 NMAC at the time the PAL permit is being issued. 

(5) Plantwide applicability 

limitation (PAL) means an emission limitation expressed on 

a mass basis in tons-per year, or expressed in tpy CO2e for a CO2e-based GHG emission limitation, for a pollutant at a major stationary source or GHGonly source, that is enforceable as a practical matter and established 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

a PAL pollutant in an amount that is equal to or greater than the significant level as defined in Subsection ZZ of 20.11.61.7 NMAC or in the act, whichever is lower for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in Paragraph (4) of Subsection B of 20.11.61.20 NMAC.

source-wide in accordance with 20.11.61.20 NMAC. 

(6) PAL effective date generally 

means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 

(7) PAL effective period means the 

period beginning with the PAL effective date and ending 10 years later. 

(8) PAL major modification means, 

notwithstanding the definitions for major modification, [and] net 

emissions increase [in] and subject to regulation in Subsections II, PP and CCC of 20.11.61.7 NMAC respectively, any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 

(9) PAL permit means the major 

[new source review] NSR permit, the minor [new source review] NSR permit, or the state operating permit under a program that is approved into the SIP, or the title V permit issued by the department that establishes a 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

PAL for a major stationary source or a GHG-only source. 

(10) PAL pollutant means the 

pollutant for which a PAL is established at a major stationary source or a GHG only source. 

For a GHG-only source, the only available PAL pollutant is GHGs. 

(11) Significant emissions unit 

means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level as defined in Subsection ZZ of 20.11.61.7 NMAC or in the act, whichever is lower for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in Paragraph (4) of Subsection B of 20.11.61.20 NMAC. For a GHG 

PAL issued on a CO2e basis, significant emissions unit means any emissions unit that emits or has the potential to emit GHGs on a CO2e basis in amounts equal to or greater than the amount that would qualify the unit as small emissions unit as defined in Paragraph (3) of Subsection B of 20.11.61.20 NMAC, but less than the amount that would qualify the unit as a major emissions unit as defined in Subparagraph (c) of Paragraph 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

(4) of Subsection B of 20.11.61.20 NMAC. 

(12) GHG-only source means any 

existing stationary source that emits or has the potential to emit GHGs in the amount equal to or greater than the amount of GHGs on a mass basis that would be sufficient for a new source to trigger permitting requirements for GHGs under Subsection KK of 20.11.61.7 NMAC and the amount of GHGs on a CO2e basis that would be sufficient for a new source to trigger permitting requirements for GHGs under Subsection CCC of 20.11.61.7 NMAC at the time the PAL permit is being issued, but does not emit or have the potential to emit any other nonGHG regulated NSR pollutant at or above the applicable major source threshold. A GHG-only source may only obtain a PAL for GHG emissions under 20.11.61.20 NMAC. 

(13) Baseline actual emissions for a 

GHG PAL means the average rate, in tpy CO2e or tpy GHG, as applicable, at which the emissions unit actually emitted GHGs during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

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 administrator for a permit required under 40 CFR 52.21 or by the department for a permit required by a plan, whichever is earlier. For any existing electric utility steam generating unit, baseline actual emissions for a GHG PAL means the average rate, in tpy CO2e or tpy GHG, as applicable, at which the emissions unit actually emitted the GHGs during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding either the date the owner or operator begins actual construction of the project, except that the administrator 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. 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

(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 stationary source must currently comply, had such stationary source been required to comply with such limitations during the consecutive 24-month period. 

(d) The average rate shall 

not be based on any consecutive 24-month period for which there is inadequate information for determining annual GHG emissions and for adjusting this amount if required by Subparagraphs (b) and (c) of Paragraph (13) of 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

Subsection B of 20.11.61.20 NMAC. 

(14) Emissions unit with respect to 

GHGs means any part of a stationary source that emits or has the potential to emit GHGs. For purposes of 40 CFR 52.21, there are two types of emissions units as described in the following: 

(a) 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; 

(b) an existing emissions 

unit is any emissions unit that does not meet the requirements in Subparagraph (a) of Paragraph (14) of Subsection B of 20.11.61.20 NMAC. 

 (15) Minor source means any 

stationary source that does not meet the definition of major stationary source in Subsection KK of 20.11.61.7 NMAC for any pollutant at the time the PAL is issued. 

C. Permit application requirements. As 

part of a permit application requesting a PAL, the owner or operator of a major 

C. Permit application requirements. As 

part of a permit application requesting a PAL, the owner or operator of a major 

Revisions made to reflect related to GHG PALs pro3, 2012. Revisions are co
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

stationary source shall submit the following information to the department for approval.(1) A list of all emissions units at the 

source designated as small, significant or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state applicable requirements, emission limitations, or work practices apply to each unit. 

(2) Calculations of the baseline 

actual emissions with supporting documentation. Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, and malfunction. 

(3) The calculation procedures that 

the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by Subsection M of 20.11.61.20 NMAC.

stationary source or a GHG-only source 

shall submit the following information to the department for approval.(1) A list of all emissions units at the 

source designated as small, significant or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state applicable requirements, emission limitations, or work practices apply to each unit. 

(2) Calculations of the baseline 

actual emissions with supporting documentation. Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, and malfunction. 

(3) The calculation procedures that 

the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by Subsection M of 20.11.61.20 NMAC. 

(4) As part of a permit application 

requesting a GHG PAL, the owner or operator of a major stationary source or a GHG-only source shall submit a statement 

Revisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

by the source owner or operator that clarifies whether the source is an existing major source as defined in Subparagraphs (a) and (b) of Paragraph (1) of Subsection KK of 20.11.61.7 NMAC or a GHG-only source as defined in Paragraph (12) of Subsection B of 20.11.61.20 NMAC. 

D. General requirements for establishing 

PALs. (1) The department may establish a 

PAL at a major stationary source, provided that at a minimum, the following requirements are met. (a) The PAL shall impose 

an annual emission limitation in tons per year that is enforceable as a practical matter for the entire major stationary source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-

D. General requirements for establishing 

PALs. (1) The department may establish a 

PAL at a major stationary source or a GHG-only source, provided 

that at a minimum, the following requirements are met. (a) The PAL shall impose 

an annual emission limitation expressed on 

a mass basis in tons per year, or expressed in tpy CO2e, that is enforceable as a practical matter for the entire major stationary source or GHG-only source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source or GHG-only source owner or operator shall show that the sum of the 

Revisions made to reflect related to GHG PALs pro3, 2012. Revisions are coRevisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL. 

(b) The PAL shall be 

established in a PAL permit that meets the public participation requirements in Subsection E of 20.11.61.20 NMAC. 

(c) The PAL permit shall 

contain all the requirements of Subsection G of 20.11.61.20 NMAC. 

(d) The PAL shall include 

fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source. 

monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source or GHG-only source 

owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL. 

(b) The PAL shall be 

established in a PAL permit that meets the public participation requirements in Subsection E of 20.11.61.20 NMAC. 

(c) The PAL permit shall 

contain all the requirements of Subsection G of 20.11.61.20 NMAC. 

(d) The PAL shall include 

fugitive emissions, to the extent quantifiable, 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

(e) Each PAL shall regulate 

emissions of only one pollutant. 

(f) Each PAL shall have a 

PAL effective period of 10 years. 

(g) The owner or operator 

of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in Subsections L through N of 20.11.61.20 NMAC for each emissions unit under the PAL through the PAL effective period. 

(2) At no time during or after the 

PAL effective period are emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as decreases for purposes of offsets under 40 CFR 51.165(a)(3)(ii) unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL.

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

(e) Each PAL shall regulate 

emissions of only one pollutant. 

(f) Each PAL shall have a 

PAL effective period of 10 years. 

(g) The owner or operator 

of the major stationary source or GHG-only 

source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in Subsections L through N of 20.11.61.20 NMAC for each emissions unit under the PAL through the PAL effective period. 

(2) At no time during or after the 

PAL effective period are emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as decreases for purposes of offsets under 40 CFR 51.165(a)(3)(ii) unless the level of the PAL is reduced by the 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

amount of such emissions reductions and such reductions would be creditable in the absence of the PAL.

E. Public participation requirements for 

PALs. PALs for existing major stationary sources shall be established, renewed, or increased, through a procedure that is consistent with 40 CFR 51.160 and 161. This includes the requirement that the department provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. The department must address all material comments before taking final action on the permit.

E. Public participation requirements for 

PALs. PALs for existing major stationary sources or GHG-only sources shall be 

established, renewed, or increased, through a procedure that is consistent with 40 CFR 51.160 and 161. This includes the requirement that the department provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. The department must address all material comments before taking final action on the permit.

Revisions made to reflect related to GHG PALs pro3, 2012. Revisions are coRevisions are approvable

F. Setting the 10-year actuals PAL level. 

(1) Except as provided in Paragraph 

(2) of Subsection F of 20.11.61.20 NMAC, the actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under Subsection ZZ of 20.11.61.7 NMAC or under the act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the 

F. Setting the 10-year actuals PAL level. 

(1) Except as provided in Paragraph 

(2) of Subsection F of 20.11.61.20 NMAC, the actuals PAL level for a major stationary source or a GHG-only source 

shall be established as the sum of the baseline actual emissions (as defined in Subsection I of 20.11.61.7 NMAC or, for GHGs Paragraph (13) of Subsection B of 20.11.61.20 NMAC) of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under Subsection ZZ of 20.11.61.7 NMAC or under the act, whichever is lower. When 

Revisions made to reflect related to GHG PALs pro3, 2012. Revisions are coRevisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shutdown after this 24-month period must be subtracted from the PAL level. The department shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable federal or state regulatory requirement(s) that the department is aware of prior to issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm NOX to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s). 

(2) For newly constructed units 

(which do not include modifications to existing units) on which actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in 

establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shutdown after this 24-month period must be subtracted from the PAL level. The department shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable federal or state regulatory requirement(s) that the department is aware of prior to issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm NOX to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s). 

(2) For newly constructed units 

(which do not include modifications to existing units) 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

Paragraph (1) of Subsection F of 20.11.61.20 NMAC, the emissions must be added to the PAL level in an amount equal to the potential to emit of the units.

on which actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in Paragraph (1) of Subsection F of 20.11.61.20 NMAC, the emissions must be added to the PAL level in an amount equal to the potential to emit of the units. 

(3) For CO2e based GHG PAL, the 

actuals PAL level shall be established as the sum of the GHGs baseline actual emissions (as defined in Paragraph (13) of Subsection B of 20.11.61.20 NMAC) of GHGs for each emissions unit at the source, plus an amount equal to the amount defined as “significant” on a CO2e basis for the purposes of Paragraph (3) of Subsection CCC of 20.11.61.7 NMAC at the time the PAL permit is being issued. When establishing the actuals PAL level for a CO2e-based PAL, only one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The department shall specify a reduced PAL level (in tpy CO2e) 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

in the PAL permit to become effective on the future compliance date(s) of any applicable federal or state regulatory requirement(s) that the department is aware of prior to issuance of the PAL permit. 

G. Contents of the PAL permit. The PAL 

permit shall contain, at a minimum, the following information. (1) The PAL pollutant and the 

applicable source-wide emission limitation in tons per year. 

(2) The PAL permit effective date 

and the expiration date of the PAL (PAL effective period). 

(3) Specification in the PAL permit 

that if a major stationary source owner or operator applies to renew a PAL in accordance with Subsection J of 20.11.61.20 NMAC before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the department. 

(4) A requirement that emission 

calculations for compliance purposes include emissions from startups, shutdowns and malfunctions. 

(5) A requirement that, once the PAL 

expires, the major stationary source is subject to the 

G. Contents of the PAL permit. The PAL 

permit shall contain, at a minimum, the following information. (1) The PAL pollutant and the 

applicable source-wide emission limitation in tons per year or tpy 

CO2e. 

(2) The PAL permit effective date 

and the expiration date of the PAL (PAL effective period). 

(3) Specification in the PAL permit 

that if a major stationary source or GHG-only source owner or 

operator applies to renew a PAL in accordance with Subsection J of 20.11.61.20 NMAC before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the department. 

(4) A requirement that emission 

calculations for compliance purposes include emissions from startups, shutdowns and malfunctions. 

(5) A requirement that, once the PAL 

expires, the major stationary 

Revisions made to reflect related to GHG PALs pro3, 2012. Revisions are coRevisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

requirements of Subsection I of 20.11.61.20 NMAC. 

(6) The calculation procedures that 

the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by Paragraph (1) of Subsection C of 20.11.61.20 NMAC. 

(7) A requirement that the major 

stationary source owner or operator monitor all emissions units in accordance with the provisions under Subsection M of 20.11.61.20 NMAC. 

(8) A requirement to retain the 

records required under Subsection M of 20.11.61.20 NMAC on site. Such records may be retained in an electronic format. 

(9) A requirement to submit the 

reports required under Subsection N of 20.11.61.20 NMAC by the required deadlines. 

(10) Any other requirements that the 

department deems necessary to implement and enforce the PAL.

source or GHG-only source is 

subject to the requirements of Subsection I of 20.11.61.20 NMAC. 

(6) The calculation procedures that 

the major stationary source or GHG-only source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by Paragraph (1) of Subsection [C] M of 20.11.61.20 NMAC. 

(7) A requirement that the major 

stationary source or GHG-only source owner or operator monitor all emissions units in accordance with the provisions under Subsection [M] L of 20.11.61.20 NMAC. 

(8) A requirement to retain the 

records required under Subsection M of 20.11.61.20 NMAC on site. Such records may be retained in an electronic format. 

(9) A requirement to submit the 

reports required under Subsection N of 20.11.61.20 NMAC by the required deadlines. 

(10) Any other requirements that the 

department deems necessary to implement and enforce the PAL. 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

(11) A permit for a GHG PAL issued 

to a GHG-only source shall also include a statement denoting that GHG emissions at the source will not be subject to regulation under Subsection CCC of 20.11.61.7 NMAC as long as the source complies with the PAL.

H. PAL effective period and reopening of 

the PAL permit. (1) PAL effective period. The PAL 

effective period shall be 10 years. 

(2) Reopening of the PAL permit. 

(a) During the PAL 

effective period, the department shall reopen the PAL permit to: correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL; reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under 40 CFR 51.165(a)(3)(ii); and revise the PAL to reflect an increase in the PAL as provided under 

H. PAL effective period and reopening of 

the PAL permit. (1) PAL effective period. The PAL 

effective period shall be 10 years. 

(2) Reopening of the PAL permit. 

(a) During the PAL 

effective period, the department shall reopen the PAL permit to: 

(i) correct 

typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL; 

(ii) reduce the PAL 

if the owner or operator of the major stationary source creates creditable 

Revisions made to reflect related to GHG PALs pro3, 2012. Revisions are coRevisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

Paragraph Subsection K of 20.11.61.20 NMAC. 

(b) The department may 

reopen the PAL permit for the following: to reduce the PAL to reflect newly applicable federal requirements (for example, NSPS) with compliance dates after the PAL effective date; to reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the department may impose on the major stationary source under the plan; and to reduce the PAL if the department determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related values (AQRV) that has been identified for a federal class I area by a federal land manager and for which information is available to the general public. 

emissions reductions for use as offsets under 40 CFR 51.165(a)(3)(ii); and 

(iii) revise the PAL 

to reflect an increase in the PAL as provided under Paragraph Subsection K of 20.11.61.20 NMAC. 

(b) The department may 

reopen the PAL permit for the following: 

(i) to reduce the 

PAL to reflect newly applicable federal requirements (for example, NSPS) with compliance dates after the PAL effective date; 

(ii) to reduce the 

PAL consistent with any other requirement, that is enforceable as 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

(c) Except for the permit 

reopening in Subparagraph (a) of Paragraph (2) of Subsection H of 20.11.61.20 NMAC for the correction of typographical/calculation errors that do not increase the PAL level, all reopenings shall be carried out in accordance with the public participation requirements of Subsection E of 20.11.61.20 NMAC.

a practical matter, and that the department may impose on the major stationary source or 

GHG-only source under the plan; and 

(iii) reduce the 

PAL if the department determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related values (AQRV) that has been identified for a federal class I area by a federal land manager and for which information is 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

available to the general public. 

(c) Except for the permit 

reopening in Item (i) 

Subparagraph (a) of Paragraph (2) of Subsection H of 20.11.61.20 NMAC for the correction of typographical/calculation errors that do not increase the PAL level, all reopenings shall be carried out in accordance with the public participation requirements of Subsection E of 20.11.61.20 NMAC.

I. Expiration of a PAL. Any PAL that is 

not renewed in accordance with the procedures in Subsection J of 20.11.61.20 NMAC shall expire at the end of the PAL effective period, and the requirements in Subsection I of 20.11.61.20 NMAC shall apply. (1) Each emissions unit, or each 

group of emissions units, that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in Paragraph (1) of Subsection I of 20.11.61.20 NMAC. 

I. Expiration of a PAL. Any PAL that is 

not renewed in accordance with the procedures in Subsection J of 20.11.61.20 NMAC shall expire at the end of the PAL effective period, and the requirements in Subsection I of 20.11.61.20 NMAC shall apply. (1) Each emissions unit, or each 

group of emissions units, that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in Paragraph (1) of Subsection I of 20.11.61.20 NMAC. 

Revisions made to reflect related to GHG PALs pro3, 2012. Revisions are coRevisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

(a) Within the time frame 

specified for PAL renewals in Paragraph (2) of Subsection J of 20.11.61.20 NMAC, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit, or each group of emissions units, if such a distribution is more appropriate as decided by the department, by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under Paragraph (5) of Subsection J of 20.11.61.20 NMAC, such distribution shall be made as if the PAL had been adjusted. 

(b) The department shall 

decide whether and how the PAL allowable 

(a) Within the time frame 

specified for PAL renewals in Paragraph (2) of Subsection J of 20.11.61.20 NMAC, the major stationary source or GHG-only source 

shall submit a proposed allowable emission limitation for each emissions unit, or each group of emissions units, if such a distribution is more appropriate as decided by the department, by distributing the PAL allowable emissions for the major stationary source or GHG-only source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under Paragraph (5) of Subsection J of 20.11.61.20 NMAC, such distribution shall be made as if the PAL had been adjusted. 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the department determines is appropriate. 

(2) Each emissions unit(s) shall 

comply with the allowable emission limitation on a 12-month rolling basis. The department may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. 

(3) Until the department issues the 

revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under Subparagraph (b) of Paragraph (1) of Subsection I of 20.11.61.20 NMAC, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation. 

(4) Any physical change or change 

in the method of operation at the major stationary source will be 

(b) The department shall 

decide whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the department determines is appropriate. 

(2) Each emissions unit(s) shall 

comply with the allowable emission limitation on a 12-month rolling basis. The department may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. 

(3) Until the department issues the 

revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under Subparagraph (b) of Paragraph (1) of Subsection I of 20.11.61.20 NMAC, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation. 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

subject to major new source review requirements if such change meets the definition of major modification in Subsection II of 20.11.61.7 NMAC. 

(5) The major stationary source 

owner or operator shall continue to comply with any state or federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to Subsection D of 20.11.61.12 NMAC, but were eliminated by the PAL in accordance with the provisions in Subparagraph (c) of Paragraph (2) of Subsection A of 20.11.61.20 NMAC.

(4) Any physical change or change 

in the method of operation at the major stationary source or GHGonly source will be subject to 

major [new source review] NSR requirements if such change meets the definition of major modification in Subsection II of 20.11.61.7 NMAC. 

(5) The major stationary source 

owner or operator shall continue to comply with any state or federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to Subsection D of 20.11.61.12 NMAC, but were eliminated by the PAL in accordance with the provisions in Subparagraph (c) of Paragraph (2) of Subsection A of 20.11.61.20 NMAC.

J. Renewal of a PAL. 

(1) The department shall follow the 

procedures specified in Subsection E of 20.11.61.20 NMAC in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the 

J. Renewal of a PAL. 

(1) The department shall follow the 

procedures specified in Subsection E of 20.11.61.20 NMAC in approving any request to renew a PAL for a major stationary source or a GHG-only 

source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL 

Revisions made to reflect related to GHG PALs pro3, 2012. Revisions are co52.21(aa)(10). Revisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

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

(2) Application deadline. A major 

stationary source owner or operator shall submit a timely application to the department to request renewal of a PAL. A timely application is one that is submitted at least six months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. 

(3) Application requirements. The 

application to renew a PAL permit shall contain the following information. (a) The information 

required in Subsection C of 20.11.61.20 NMAC. 

(b) A proposed PAL level. (c) The sum of the potential 

to emit of all emissions units under the PAL, 

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

(2) Application deadline. A major 

stationary source or GHG-only 

source owner or operator shall submit a timely application to the department to request renewal of a PAL. A timely application is one that is submitted at least six months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source or GHG-only source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued. 

(3) Application requirements. The 

application to renew a PAL permit shall contain the following information. (a) The information 

required in Subsection C of 20.11.61.20 NMAC. 

(b) A proposed PAL level. (c) The sum of the potential 

to emit of all emissions 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

with supporting documentation. 

(d) Any other information 

the owner or operator wishes the department to consider in determining the appropriate level for renewing the PAL. 

(4) PAL adjustment. In determining 

whether and how to adjust the PAL, the department shall consider the options outlined in Subparagraphs (a) and (b) of Paragraph (4) Subsection J of 20.11.61.20 NMAC. However, in no case may any such adjustment fail to comply with Subparagraph (c) of Paragraph 4 of Subsection J of 20.11.61.20 NMAC. (a) If the emissions level 

calculated in accordance with Subsection F of 20.11.61.20 NMAC is equal to or greater than 80 percent of the PAL level, the department may renew the PAL at the same level without considering the factors set forth in Subparagraph (b) of Paragraph (4) of Subsection J of 20.11.61.20 NMAC; or 

(b) the department may set 

the PAL at a level that it 

units under the PAL, with supporting documentation. 

(d) Any other information 

the owner or operator wishes the department to consider in determining the appropriate level for renewing the PAL. 

(4) PAL adjustment. In determining 

whether and how to adjust the PAL, the department shall consider the options outlined in Subparagraphs (a) and (b) of Paragraph (4) Subsection J of 20.11.61.20 NMAC. However, in no case may any such adjustment fail to comply with Subparagraph (c) of Paragraph 4 of Subsection J of 20.11.61.20 NMAC. (a) If the emissions level 

calculated in accordance with Subsection F of 20.11.61.20 NMAC is equal to or greater than 80 percent of the PAL level, the department may renew the PAL at the same level without considering the factors set forth in Subparagraph (b) of Paragraph (4) of Subsection J of 20.11.61.20 NMAC; or 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

determines to be more representative of the source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the department in its written rationale. 

(c) Notwithstanding 

Subparagraphs (a) and (b) of Paragraph (4) of Subsection J of 20.11.61.20 NMAC: if the potential to emit of the major stationary source is less than the PAL, the department shall adjust the PAL to a level no greater than the potential to emit of the source; and the department shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source 

(b) the department may set 

the PAL at a level that it determines to be more representative of the source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the department in its written rationale. 

(c) Notwithstanding 

Subparagraphs (a) and (b) of Paragraph (4) of Subsection J of 20.11.61.20 NMAC: 

(i) if the potential 

to emit of the major stationary source or GHG-only source is less than the PAL, the department shall adjust the PAL to a level 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

has complied with the provisions of Subsection K of 20.11.61.20 NMAC. 

(5) If the compliance date for a state 

or federal requirement that applies to the PAL source occurs during the PAL effective period, and if the department has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or Title V permit renewal, whichever occurs first.

no greater than the potential to emit of the source; and 

(ii) the department 

shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source or GHG-only source has complied with the provisions of Subsection K of 20.11.61.20 NMAC, Increasing a PAL during the PAL effective period. 

(5) If the compliance date for a state 

or federal requirement that applies to the PAL source occurs during the PAL effective period, and if the department has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

permit renewal or Title V permit renewal, whichever occurs first.

K. Increasing a PAL during the PAL 

effective period. (1) The department may increase a 

PAL emission limitation only if the major stationary source complies with the following provisions. (a) The owner or operator 

of the major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL. 

(b) As part of this 

application, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major 

K. Increasing a PAL during the PAL 

effective period. (1) The department may increase a 

PAL emission limitation only if the major stationary source complies with the following provisions. (a) The owner or operator 

of the major stationary source or GHG-only 

source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary or GHG-only source's emissions to equal or exceed its PAL. 

(b) As part of this 

application, the major stationary source or GHG-only source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual 

Revisions made to reflect related to GHG PALs pro3, 2012. Revisions are co52.21(aa)(11). Revisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s), exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply. 

(c) The owner or operator 

obtains a major new source review permit for all emissions unit(s) 

emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s), exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply. 

(c) The owner or operator 

obtains a major [new 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

identified in Subparagraph (a) of Paragraph (1) of Subsection B of 20.11.61.20 NMAC, regardless of the magnitude of the emissions increase resulting from them, that is, no significant levels apply. These emissions unit(s) shall comply with any emissions requirements resulting from the major new source review process, for example, BACT, even though they have also become subject to the PAL or continue to be subject to the PAL. 

(d) The PAL permit shall 

require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 

(2) The department shall calculate 

the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline 

source review] NSR 

permit for all emissions unit(s) identified in Subparagraph (a) of Paragraph (1) of Subsection B of 20.11.61.20 NMAC, regardless of the magnitude of the emissions increase resulting from them, that is, no significant levels apply. These emissions unit(s) shall comply with any emissions requirements resulting from the major [new source review] NSR process, for example, BACT, even though they have also become subject to the PAL or continue to be subject to the PAL. 

(d) The PAL permit shall 

require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 

(2) The department shall calculate 

the new PAL as the sum of the 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

actual emissions of the significant and major emissions units (assuming application of BACT equivalent controls as determined in accordance with Subparagraph (b) of Paragraph (1) of Subsection K of 20.11.61.20 NMAC), plus the sum of the baseline actual emissions of the small emissions units. 

(3) The PAL permit shall be revised 

to reflect the increased PAL level pursuant to the public notice requirements of Subsection E of 20.11.61.20 NMAC.

allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT equivalent controls as determined in accordance with Subparagraph (b) of Paragraph (1) of Subsection K of 20.11.61.20 NMAC), plus the sum of the baseline actual emissions of the small emissions units. 

(3) The PAL permit shall be revised 

to reflect the increased PAL level pursuant to the public notice requirements of Subsection E of 20.11.61.20 NMAC.

L. Monitoring requirements for PALs. 

(1) General requirements. 

(a) Each PAL permit must 

contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for 

L. Monitoring requirements for PALs. 

(1) General requirements. 

(a) Each PAL permit must 

contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time or CO2e per unit of 

time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable 

Revisions made to reflect related to GHG PALs pro3, 2012. Revisions are co52.21(aa)(12). Revisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. 

(b) The PAL monitoring 

system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in Paragraph (2) of Subsection L of 20.11.61.20 NMAC and must be approved by the department. 

(c) Notwithstanding 

Subparagraph (b) of Paragraph (1) of Subsection L of 20.11.61.20 NMAC, you may also employ an alternative monitoring approach that meets Subparagraph (a) of Paragraph (1) of Subsection L of 20.11.61.20 NMAC if approved by the department. 

scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. 

(b) The PAL monitoring 

system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in Paragraph (2) of Subsection L of 20.11.61.20 NMAC and must be approved by the department. 

(c) Notwithstanding 

Subparagraph (b) of Paragraph (1) of Subsection L of 20.11.61.20 NMAC, you may also employ an alternative monitoring approach that meets Subparagraph (a) of Paragraph (1) of Subsection L of 20.11.61.20 NMAC if approved by the department. 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

(d) Failure to use a 

monitoring system that meets the requirements of 20.11.61.20 NMAC renders the PAL invalid. 

(2) Minimum performance 

requirements for approved monitoring approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in Paragraphs (3) through (9) of Subsection L of 20.11.61.20 NMAC: (a) mass balance 

calculations for activities using coatings or solvents; 

(b) CEMS; (c) CPMS or PEMS; and (d) emission factors. 

(3) Mass balance calculations. An 

owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements: (a) provide a demonstrated 

means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit; 

(d) Failure to use a 

monitoring system that meets the requirements of 20.11.61.20 NMAC renders the PAL invalid. 

(2) Minimum performance 

requirements for approved monitoring approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in Paragraphs (3) through (9) of Subsection L of 20.11.61.20 NMAC: (a) mass balance 

calculations for activities using coatings or solvents; 

(b) CEMS; (c) CPMS or PEMS; and (d) emission factors. 

(3) Mass balance calculations. An 

owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements: (a) provide a demonstrated 

means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit; 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

(b) assume that the 

emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and 

(c) where the vendor of a 

material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the department determines there is sitespecific data or a sitespecific monitoring program to support another content within the range. 

(4) CEMS. An owner or operator 

using CEMS to monitor PAL pollutant emissions shall meet the following requirements: (a) CEMS must comply 

with applicable performance specifications found in 

(b) assume that the 

emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and 

(c) where the vendor of a 

material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the department determines there is sitespecific data or a sitespecific monitoring program to support another content within the range. 

(4) CEMS. An owner or operator 

using CEMS to monitor PAL pollutant emissions shall meet the following requirements: (a) CEMS must comply 

with applicable performance specifications found in 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

40 CFR part 60, Appendix B; and 

(b) CEMS must sample, 

analyze, and record data at least every 15 minutes while the emissions unit is operating. 

(5) CPMS or PEMS. An owner or 

operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: (a) the CPMS or the PEMS 

must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and 

(b) each CPMS or PEMS 

must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the department, while the emissions unit is operating. 

(6) Emission factors. An owner or 

operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements: 

40 CFR part 60, Appendix B; and 

(b) CEMS must sample, 

analyze, and record data at least every 15 minutes while the emissions unit is operating. 

(5) CPMS or PEMS. An owner or 

operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: (a) the CPMS or the PEMS 

must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and 

(b) each CPMS or PEMS 

must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the department, while the emissions unit is operating. 

(6) Emission factors. An owner or 

operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements: 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

(a) all emission factors shall 

be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development; 

(b) the emissions unit shall 

operate within the designated range of use for the emission factor, if applicable; and 

(c) if technically 

practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within six months of PAL permit issuance, unless the department determines that testing is not required. 

(7) A source owner or operator must 

record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for 

(a) all emission factors shall 

be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development; 

(b) the emissions unit shall 

operate within the designated range of use for the emission factor, if applicable; and 

(c) if technically 

practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within six months of PAL permit issuance, unless the department determines that testing is not required. 

(7) A source owner or operator must 

record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

determining emissions during such periods is specified in the PAL permit. 

(8) Notwithstanding the 

requirements in Paragraphs (3) through (7) of Subsection L of 20.11.61.20 NMAC, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the department shall, at the time of permit issuance: (a) establish default 

value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or 

(b) determine that operation 

of the emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL. 

(9) Revalidation. All data used to 

establish the PAL pollutant must be revalidated through 

determining emissions during such periods is specified in the PAL permit. 

(8) Notwithstanding the 

requirements in Paragraphs (3) through (7) of Subsection L of 20.11.61.20 NMAC, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the department shall, at the time of permit issuance: (a) establish default 

value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or 

(b) determine that operation 

of the emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL. 

(9) Revalidation. All data used to 

establish the PAL pollutant must be revalidated through 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

performance testing or other scientifically valid means approved by the department. Such testing must occur at least once every five years after issuance of the PAL.

performance testing or other scientifically valid means approved by the department. Such testing must occur at least once every five years after issuance of the PAL.

M. Recordkeeping requirements. 

(1) The PAL permit shall require an 

owner or operator to retain a copy of all records necessary to determine compliance with any requirement of 20.11.61.20 NMAC and of the PAL, including a determination of each emissions unit's 12-month rolling total emissions, for five years from the date of such record. 

(2) The PAL permit shall require an 

owner or operator to retain a copy of the following records, for the duration of the PAL effective 

period plus five years: (a) a copy of the PAL 

permit application and any applications for revisions to the PAL; and 

(b) each annual certification 

of compliance pursuant to 20.11.42 NMAC, Operating Permits and the data relied on in certifying the compliance.

No Change No change to the existing 

N. Reporting and notification 

requirements. The owner or operator 

N. Reporting and notification 

requirements. The owner or operator 

Revisions made to reflect related to GHG PALs pro
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

shall submit semi-annual monitoring reports and prompt deviation reports to the department in accordance with 20.11.42 NMAC, Operating Permits. The reports 

shall meet the following requirements. (1) Semi-annual report. The semiannual report shall be submitted 

to the department within 30 days of the end of each reporting period. This report shall contain the following information. (a) The identification of 

owner and operator and the permit number. 

(b) Total annual emissions 

(tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to Paragraph (1) of Subsection M of 20.11.61.20 NMAC. 

(c) All data relied upon, 

including, but not limited to, any quality assurance or quality control data, in calculating the monthly and annual PAL pollutant emissions. 

(d) A list of any emissions 

units modified or added to the major stationary source during the 

shall submit semi-annual monitoring reports and prompt deviation reports to the department in accordance with 20.11.42 NMAC, Operating Permits. The reports 

shall meet the following requirements. (1) Semi-annual report. The semiannual report shall be submitted 

to the department within 30 days of the end of each reporting period. This report shall contain the following information. (a) The identification of 

owner and operator and the permit number. 

(b) Total annual emissions 

(expressed on a massbasis in tons/year, or 

expressed in tpy CO2e) based on a 12-month rolling total for each month in the reporting period recorded pursuant to Paragraph (1) of Subsection M of 20.11.61.20 NMAC. 

(c) All data relied upon, 

including, but not limited to, any quality assurance or quality control data, in calculating the monthly and annual PAL pollutant emissions. 

(d) A list of any emissions 

units modified or added to the major stationary 

3, 2012. Revisions are co52.21(aa)(14). Revisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

preceding six-month period. 

(e) The number, duration, 

and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken. 

(f) A notification of a 

shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by Paragraph (7) of Subsection L of 20.11.61.20 NMAC. 

source of GHG-only 

source during the preceding six-month period. 

(e) The number, duration, 

and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken. 

(f) A notification of a 

shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by Paragraph (7) of 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

(g) A signed statement by 

the responsible official as defined by 20.11.42.7 NMAC certifying the truth, accuracy, and completeness of the information provided in the report. 

(2) Deviation report. The major 

stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing 40 CFR 70.6(a)(3)(iii)(B). The reports shall contain the following information: (a) the identification of 

owner and operator and the permit number; 

(b) the PAL requirement 

that experienced the deviation or that was exceeded; 

(c) emissions resulting from 

the deviation or the exceedance; and 

Subsection L of 20.11.61.20 NMAC. 

(g) A signed statement by 

the responsible official as defined by 20.11.42.7 NMAC certifying the truth, accuracy, and completeness of the information provided in the report. 

(2) Deviation report. The major 

stationary source or GHG-only 

source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing 40 CFR 70.6(a)(3)(iii)(B). The reports shall contain the following information: (a) the identification of 

owner and operator and the permit number; 

(b) the PAL requirement 

that experienced the deviation or that was exceeded; 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

(d) a signed statement by 

the responsible official as defined by 20.11.42.7 NMAC certifying the truth, accuracy, and completeness of the information provided in the report. 

(3) Revalidation results. The owner 

or operator shall submit to the department the results of any revalidation test or method within three months after completion of such test or method.

(c) emissions resulting from 

the deviation or the exceedance; and 

(d) a signed statement by 

the responsible official as defined by 20.11.42.7 NMAC certifying the truth, accuracy, and completeness of the information provided in the report. 

(3) Revalidation results. The owner 

or operator shall submit to the department the results of any revalidation test or method within three months after completion of such test or method.

O. Transition requirements. 

(1) The department may not issue a 

PAL that does not comply with the requirements of Subsections A through O of 20.11.61.20 NMAC after the administrator has approved regulations incorporating these requirements into the SIP. 

(2) The department may supersede 

any PAL which was established prior to the date of approval of the SIP by the administrator with a PAL that complies with the requirements of 20.11.61.20 NMAC.

O. Transition requirements. 

(1) The department may not issue a 

PAL that does not comply with the requirements of Subsections A through O of 20.11.61.20 NMAC after [the administrator 

has approved regulations incorporating these requirements into the SIP] March 3, 2003. 

(2) The department may supersede 

any PAL which was established prior to [the date of approval of 

the SIP by the administrator] March 3, 2003 with a PAL that complies with the requirements of Subsections A through O of 20.11.61.20 NMAC.

Revisions made to reflect related to GHG PALs pro3, 2012. Revisions are co52.21(aa)(15). Revisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

20.11.61.23 EXCLUSIONS FROM INCREMENT CONSUMPTION: 

No Change No change to the existing 

A. Following a public hearing, the director 

may exclude the following concentrations in determining compliance with a maximum allowable increase: 

(1) concentrations attributable to the 

increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under Section 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation), over the emissions from such sources before the effective date of such an order; 

(2) concentrations attributable to the 

increase in emissions from sources which have converted from using natural gas by reason of natural gas curtailment plan in effect pursuant to the Federal Power Act, over the emissions from such sources before the effective date of such plan; 

(3) concentrations of particulate 

matter attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified sources; 

(4) the increase in concentrations 

attributable to new sources 

No Change No change to the existing 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration; and 

(5) concentrations attributable to the 

temporary increase in emissions of sulfur dioxide, particulate matter, or nitrogen oxides from stationary sources which are affected by plan revisions approved by the administrator as meeting the criteria specified in Subsection D of 20.11.61.23 NMAC.

B. If the plan provides that the concentrations 

to which Paragraph (1) or (2) of Subsection A of 20.11.61.23 NMAC refers, shall be excluded, it shall also provide that no exclusion of such concentrations shall apply more than five years after the effective date of the order to which Paragraph (1) of Subsection A of 20.11.61.23 NMAC refers, or the plan to which Paragraph (2) of Subsection A of 20.11.61.23 NMAC refers, whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply more than five years after the later of such effective dates. 

No Change No change to the existing 

C. [Reserved] No Change No change to the existing D. For purposes of excluding concentrations 

pursuant to Paragraph (5) of Subsection A of 20.11.61.23 NMAC, the administrator may approve a plan revision that: 

D. For purposes of excluding concentrations 

pursuant to Paragraph (5) of Subsection A of 20.11.61.23 NMAC, the administrator may approve a plan revision that: 

Acronym was added. Non-substantive changes
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

(1) specifies the time over which the 

temporary emissions increase of sulfur dioxide, particulate matter, or nitrogen oxides would occur such time is not to exceed 2 years in duration unless a longer time is approved by the administrator. 

(2) specifies that the time period for 

excluding certain contributions in accordance with Paragraph (1) of Subsection D of 20.11.61.23 NMAC, is not renewable; 

(3) allows no emissions increase 

from a stationary source which would: (a) impact a class I area or 

an area where an applicable increment is known to be violated; or 

(b) cause or contribute to 

the violation of a national ambient air quality standard; 

(4) requires limitations to be in effect 

the end of the time period specified in accordance with Paragraph (1) of Subsection D of 20.11.61.23 NMAC, which would ensure that the emissions levels from stationary sources affected by the plan revision would not exceed those levels occurring from such sources before the plan revision was approved.

(1) specifies the time over which the 

temporary emissions increase of sulfur dioxide, particulate matter, or nitrogen oxides would occur such time is not to exceed 2 years in duration unless a longer time is approved by the administrator. 

(2) specifies that the time period for 

excluding certain contributions in accordance with Paragraph (1) of Subsection D of 20.11.61.23 NMAC, is not renewable; 

(3) allows no emissions increase 

from a stationary source which would: (a) impact a class I area or 

an area where an applicable increment is known to be violated; or 

(b) cause or contribute to 

the violation of a [national ambient air 

quality standard] NAAQS; 

(4) requires limitations to be in effect 

the end of the time period specified in accordance with Paragraph (1) of Subsection D of 20.11.61.23 NMAC, which would ensure that the emissions levels from stationary sources affected by the plan revision would not exceed those levels occurring from such sources before the plan revision was approved.
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

20.11.61.24 SOURCES IMPACTING FEDERAL CLASS I AREAS – ADDITIONAL REQUIREMENTS: 

No Change No change to the existing 

A. Notice to EPA. 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 100 kilometers of any federal class I area. The complete permit application shall be transmitted within 30 days of receipt and 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 federal class I 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 federal land manager concerning the impact of the proposed major stationary source or major modification on air quality related values (AQRV). This consideration shall include visibility, if such analysis is received within 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 30 days from the date the 

A. Notice to EPA. 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 100 kilometers of any federal class I area. The complete permit application shall be transmitted within 30 days of receipt and 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 federal class I 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 federal land manager concerning the impact of the proposed major stationary source or major modification on [air quality related values 

(]AQRV[)]. This consideration shall include visibility, if such analysis is received within 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 30 days from 

Acronyms were added. Non-substantive changes
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

department receives a request for a preapplication meeting from a proposed source subject to 20.11.61 NMAC. 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 20.11.61.21 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. 

the date the department receives a request for a preapplication meeting from a proposed source subject to 20.11.61 NMAC. 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 20.11.61.21 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] 

AQRV, 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. 

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 federal class I areas or increment consumption in areas under their jurisdiction. The department shall also provide the affected air quality 

No Change No change to the existing 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

control agencies and Indian governing bodies with a copy of the preliminary determination required under 20.11.61.21 NMAC and shall make available to them any materials used in making that determination. The department shall include a provision for a 60 day comment period for the federal land managers before any public hearing on a permit application is held. 

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 federal class I 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 federal class I area. If the department concurs with this demonstration, then the source shall not be issued a permit. 

C. Denial – impact on AQRV: The Federal 

land [managers] manager of any such lands may demonstrate to the department that the emissions from a proposed source or modification would have an adverse impact on [air quality related values] the AQRV, including visibility, of [any federal class I] those lands [under their jurisdiction. This may be done even though] notwithstanding that the change in air quality resulting from emissions from [the] such proposed source or modification would not cause or contribute to concentrations which would exceed the maximum allowable increases for a federal class I area. If the department concurs with [this] such demonstration, then the source shall not be issued a permit. 

Language revised to be mfederal provisions found Revisions are approvable

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 air quality related values, including visibility, of federal class I area 

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] such proposed 

source or modification would have no adverse impact on [air quality related values] the AQRV of any such lands, 

Language revised to be mfederal provisions found Revisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

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 federal class I 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 oxides of nitrogen would not exceed the maximum allowable increases over minor source baseline concentrations shown in Table 5 of 20.11.61.30 NMAC. 

including visibility, [of federal class I area 

under his or her jurisdiction. This may be done even though] notwithstanding that 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 federal class I 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]; provided that the applicable requirements are otherwise met, issue the permit with such emission limitations [must be included in the permit] as may be necessary to assure that emissions of sulfur dioxide, [particulate matter,] PM2.5, PM10 and oxides of nitrogen would not exceed the maximum allowable increases over minor source baseline concentrations for such pollutants, as shown in Table 5 of 20.11.61.30 NMAC. 

E. For the case where the federal land 

manager does not perform an impact analysis with respect to visibility impairment in a federal class I 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 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

F. Sulfur dioxide waiver by governor with 

FLM concurrence: The owner or operator of a proposed major stationary source or major modification, which cannot be approved under Subsection D of 20.11.61.23 NMAC, may demonstrate to the governor that the source cannot be constructed by reason of an exceedance of a maximum allowable increase for a federal class I area for sulfur dioxide for a period of 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 federal class I 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 20.11.61 NMAC 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 20.11.61.31 NMAC for periods of 24 hours or less for more than 18 days, not necessarily consecutive, in any annual period. 

F. Sulfur dioxide waiver by governor with 

FLM concurrence: The owner or operator of a proposed major stationary source or major modification, which cannot be approved under Subsection D of [20.11.61.23] 20.11.61.24 NMAC, may 

demonstrate to the governor that the source or modification cannot be constructed by reason of [an exceedance of a] any maximum allowable increase for [a federal class I area for] sulfur dioxide for a period of 24 hours or less[. The owner or operator may also demonstrate] applicable to any class I area and in the case of federal mandatory class I areas, that a waiver from this requirement would not adversely affect the [air quality related values] AQRV of the [federal class I] area (including visibility). The governor, after consideration of the federal land manager's recommendation (if any) 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 20.11.61 NMAC 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 20.11.61.31 NMAC for periods of 24 hours or less for more than 

Language revised to be mfederal provisions found Revisions are approvable
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

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 20.11.61 NMAC 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 20.11.61.31 NMAC for periods of 24 hours or less for more than 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 president may approve the governor’s recommendation if he finds that the waiver is in the national interest. If the waiver is approved, the department shall issue the permit. Any source or modification that obtains a permit under 20.11.61 NMAC 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 20.11.61.31 NMAC for periods of 24 hours or less for more than 18 days, not necessarily consecutive, in any annual period.

Language revised to be mfederal provisions found Revisions are approvable

Existing State Implementation Plan Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

20.11.61.27 TABLE 2 - SIGNIFICANT EMISSION RATES: 

No Change No change to the existing 

POLLUTANT EMISSION RATE 

(TONS/YR) 

POLLUTANT EMISSION RATE 

(TONS/YR) 

Acronym was added. 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

Carbon Monoxide 100 Fluorides 3 Lead 0.6 Municipal waste combustor: Acid gases (measured as sulfur dioxide and hydrogen chloride) 

40 (36 

megagrams/year) 

Metals (measured as particulate matter) 

15 (14 

megagrams/year) 

Organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) 

0.0000035 (0.0000032 

megagrams/year) 

Municipal solid waste landfill emissions (measured as NMOC) 

50 (45 

megagrams/year) 

Nitrogen oxides 40 Ozone 40 VOC or NOx Particulate Matter: Particulate matter emissions 

25 

PM10 emissions 15 PM2.5 emissions 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 WW of 20.11.61.7 NMAC. 

Sulfur compounds 

Carbon Monoxide 100 Fluorides 3 Lead 0.6 Municipal waste combustor: Acid gases (measured as sulfur dioxide and hydrogen chloride) 

40 (36 

megagrams/year) 

Metals (measured as particulate matter) 

15 (14 

megagrams/year) 

Organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) 

0.0000035 (0.0000032 

megagrams/year) 

Municipal solid waste landfill emissions (measured as NMOC) 

50 (45 

megagrams/year) 

Nitrogen oxides 40 Ozone 40 VOC or NOx Particulate Matter: Particulate matter emissions 

25 

PM10 emissions 15 PM2.5 emissions 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 WW of 20.11.61.7 NMAC. 

Sulfur compounds 

Non-substantive changes
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

Hydrogen sulfide (H2S) 

10 

Reduced sulfur compounds (incl. H2S) 

10 

Sulfur dioxide 40 Sulfuric acid mist 7 Total reduced sulfur (incl. H2S) 

10 

Any other regulated new source review pollutant 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. 

Hydrogen sulfide (H2S) 

10 

Reduced sulfur compounds (incl. H2S) 

10 

Sulfur dioxide 40 Sulfuric acid mist 7 Total reduced sulfur (incl. H2S) 

10 

Any other regulated [new source review]NSR pollutant 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. 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

20.11.61.29 TABLE 4 - ALLOWABLE PSD INCREMENTS: 

No Change No change to the existing 

Pollutant Maximum allowable 

increase (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 

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 a year

Pollutant Maximum allowable 

increase (micrograms per 

cubic meter) 

(g/m3) 

Class 

I 

Class 

II 

Class 

III 

Nitrogen Dioxide  Annual 

arithmetic mean 2.5 25 50 

Particulate Matter  PM2.5, annual 

arithmetic mean 

 PM2.5, 24-hour 

maximum 

 PM10, annual 

arithmetic mean 

 PM10, 24-hour 

maximum 

1 

2 4 

8a 

4 9 

17 

30a 

8 

18 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 a year

Revisions made to reflect promulgated by EPA on Revisions consistent with Revisions are approvableEPA notes that 40 CFR 5that the PM2.5 24-hour mincrement may be exceedper year at any one locatTable 4 does not allow foHowever, EPA can move proposed revisions as thethe federal requirements 
Existing State Implementation Plan 

Approved by EPA on September 19, 2012 77 FR 58032 

Revisions to 20.2.61 NMAC Submitted July 26, 2013 Adopted on April 10, 2013, Effective May 13, 2013

Analysis and Evaluation Federal Requirements

20.11.61.30 TABLE 5 - MAXIMUM ALLOWABLE INCREASES FOR CLASS I VARIANCES: 

No Change No change to the existing 

Pollutant Maximum allowable 

increase (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  Annual arithmetic 

mean 

 24-hour maximum  3-hour maximum

20 91 

325 

Pollutant Maximum allowable 

increase (micrograms 

per cubic meter) 

(g/m3)

Nitrogen Dioxide  Annual arithmetic 

mean 25 

Particulate Matter  PM2.5, annual 

arithmetic mean 

 PM2.5, 24-hour 

maximum 

 PM10, annual 

arithmetic mean 

 PM10, 24-hour 

maximum

4 

9 

17 30 

Sulfur Dioxide  Annual arithmetic 

mean 

 24-hour maximum  3-hour maximum

20 91 

325 

Revisions made to reflect promulgated by EPA on Revisions are consistent w51.166(p)(4). Revisions are approvable
C. Evaluation of the July 26, 2013 and March 4, 2015 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), the July 26, 2013 and March 4, 2015 SIP submittals 

containing proposed revisions to the Albuquerque PSD permitting program must not 

interfere with attainment or reasonable further progress or any other applicable 

requirement of the Act. 

The July 26, 2013 revisions to the Albuquerque PSD permit program under review in this 

action were adopted by the Albuquerque-Bernalillo County Air Quality Control Board to 

implement the 2006 PM2.5 NAAQS. Thus, these revisions are required to adequately 

implement the Albuquerque PSD permitting program consistent with EPA regulations 

and the CAA. Therefore, because the June 26, 2013 SIP submittal is 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. 

The March 4, 2015 revisions to the Albuquerque PSD program are proposed to address 

comments that EPA provided on the July 26, 2013 submittal. These revisions are required 

in order for the Albuquerque PSD permitting program to be consistent with current EPA 

regulations and CAA. These revisions will not interfere with any applicable requirement 

concerning attainment and reasonable further progress, or any other applicable 

requirement of the CAA. 

 
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 July 26, 2013 and March 4, 2015 proposed revisions to 

the New Mexico SIP for the Albuquerque-Bernalillo County PSD permitting program. This 

analysis found that the proposed revisions to 20.11.61 NMAC submitted on July 26, 2013, and 

March 4, 2015, are consistent with the CAA, 40 CFR Part 51.166, and 40 CFR 52.21, as 

applicable. Further, the 2013 SIP revisions are necessary to implement the 2006 PM2.5 PSD 

Permitting requirements (as published in the May 16, 2008 and October 20, 2010 FRN) and the 

PSD GHG PAL permitting provisions consistent with federal PSD regulations. Therefore, it is 

recommended that proposed approval of the revisions to the following sections be published:

 20.11.61.2 NMAC 

 20.11.61.5 NMAC 

 20.11.61.6 NMAC 

 20.11.61.7 NMAC 

 20.11.61.10 NMAC 

 20.11.61.11 NMAC 

 20.11.61.12 NMAC 

 20.11.61.14 NMAC 

 20.11.61.15 NMAC 

 20.11.61.18 NMAC 

 20.11.61.23 NMAC 

 20.11.61.24 NMAC 

 20.11.61.27 NMAC 

 20.11.61.29 NMAC 

 20.11.61.30 NMAC 

As noted in Section I.C, EPA is not proposing to take action on revisions to other parts of 20.11 

NMAC that were revised as part of the July 26, 2013 submittal. These sections that EPA is not 

proposing action on are being severed and will be addressed, as needed, in a future action.