# 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 Own ers or Operators of Sources

Section 14 – Control Technology Review and Innovative Control Technology

Section 15 – Ambient Impact Requirements

Section 18 – Monitoring Require ments-Air Quality Analysis

Section 20 – Actuals Plantwide Applicability Limits (PALs)



# Section 23 – Exclusions from Increment Consumption

Section 24 – Sources Impacting Federa l Class I Areas-Additional Requirements

Section 27 – Table 2-Significant Emission Rates

Section 29 – Table 4-Allowable PSD Increments

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

Parallel Processing Request of SI P 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 Sec tion (6PD-R), 1445 Ross Avenue, Dallas, Texas 75202-

2733, (214) 665-7289.

# 2 

# 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 ta ken 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

# 3 

# I. Introduction

A. Overview

This technical support document (TSD) revi ews 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 processi ng 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 revi sions to 20.11.61 NMAC – Prevention of

Significant Deterioration. New Mexico Envi ronment Department’s Cabinet Secretary

Ryan Flynn, on behalf of Governor Susana Ma rtinez, 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 th e following revisions cont ained 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 Pa rt 61, Section 6 – Objective.

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

 Non-substantive revisions to Pa rt 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, S ection 14 – Control Technology Review and

Innovative Control Technology.

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

Rates.

# 4 

#  Substantive revisions to Part 61, Secti on 29 – Table 4-Allowable PSD Increments.

 Substantive revisions to Pa rt 61, Section 30 – Table 5-Ma ximum Allowable Increases

for Class I Variances.

March 4, 2015 Submittal

On March 4, 2015, the New Mexico Depart ment’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 addressi ng 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 Hea lth Department, Air Qu ality 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 fi nal 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 containe d revisions to regulations within 20.11.60

NMAC – Permitting in Nonattainment Ar eas 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 ame nded regulations in 20.11.60 NMAC and

20.11.42 NMAC later as part of separate actions.

# 5 

# II. Background of State Submittal

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

Albuquerque-Bernalillo County?

EPA’s most recent approval to the Ne w 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 NO X 

# 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 PM 2.5 

# and significant emission rates necessary

for PM 2.5 

# PSD permitting, consistent with EPA’s 2008 PM 2.5 

# NSR rule for the 1997 and

2006 PM 2.5 

# NAAQS. The previously approved revi sions 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 Re view 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 Fe deral 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 Allo wable Increases for Class I

Variances

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

 PM 2.5 

# 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 EP A’s July 20, 2011 and July 3, 2012

final rules.

As discussed previously in S ection 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 ite m 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 Ma rch 4, 2015 SIP Submittals with respect to

the Part 51, Appendix V Completeness Checklist

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

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

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

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

official submission for pur poses of review under § 51.103.

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

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

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

submitted plan.

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

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

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

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

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

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

completeness under this paragraph means that the submission is an official

submission for purposes of § 51.103.

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

Appendix V.

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

revisions that are currently proposed for adopti on 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 Appendi x 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 submitta l 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 De partment 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 th e permit, order, consen t agreement (hereafter

document) in final form. This evidence woul d 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 necessa ry legal authority under State law to adopt

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

The New Mexico Air Quality Control Act pr ovides for regulati on 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 ai r pollution control agency; specific duties and powers of

the department.

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

incorporation by reference into the SIP includin g 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 appropria te 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 th e 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 requi rements of its laws

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

plan.

The SIP submittal package includes a certifi cation 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, includi ng the date of public ation of such notice

(e.g., notarized or certified c opies of any public notices publ ished 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 info rmation regarding the public comment period

and upcoming public hearings.

7. A certification is included indi cating that public hearing(s) was/were held in accordance

with the information provided in the pub lic notice(s) and the State’s laws and

constitution, if applicable.

The SIP submittal contains a certified hear ing record transcript, which includes the

introductory information from the public he aring that included in formation on the notice

of the public hearing and how th e 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 polluta nts 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 design ation of the locations and th e 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 atta inment area under a Limited Maintenance Plan

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

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

8/22/05 [70 FR 41963].

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

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

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

# from affected sources through calculations of the differen ces between certain baseline

levels and allowable emissions anticipat ed if the revisions were approved.)

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

need to include quantification of the change s 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 NAAQ S/PSD increments/RFP demonstration and

visibility as applicable would be prot ected 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 re visions not interfere with attainment or

reasonable further progress or any other applicable requirem ent 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 requ ired by § 175A of the Clean Air Act?

Not applicable.

b. Are contingency measures included?

Not applicable.

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

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

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

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

designs, reformulated materials, etc.).

Not applicable.

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

practice standards and recordkeeping/reporti ng requirements to ensure stated emission

levels.

Not applicable.

The mechanics of the PSD permitting process en sure 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 technol ogical justif ications are included per

applicable EPA policies or an explanation why such justificati ons are not necessary

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

justification.

These justifications are not n ecessary 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 Ma rch 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 C ontrol 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 re visions 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 addre ss the requirements of EPA’s May 2008, July

2010, and October 2012 PM 2.5 

# 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 compar ison of the existing SIP-approved language, the revised language

and any applicable federal requirements – along w ith 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 sect ions are unchanged from the

version most recently SIP-approved by EPA.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements20.11.61.2 SCOPE:No Change No change to the existing SIP-approved language.Any person constructing any new major stationarysource or major modification, as defined in20.11.61 NMAC, that emits or will emit regulatednew source review pollutants in an attainment orunclassifiable area shall obtain a permit from thedepartment in accordance with the requirements of20.11.41 NMAC,Authority-to-Construct, and20.11.61 NMAC prior to the construction ormodification.Any person constructing any new major stationarysource or major modification, as defined in20.11.61 NMAC, that emits or will emit regulatednew source review (NSR) pollutants in anattainment or unclassifiable area shall obtain apermit from the department in accordance with therequirements of 20.11.41 NMAC,Authority-toConstruct, and 20.11.61 NMAC prior to theconstruction or modification.Acronym was added.Non-substantive changes; approvable.A. Exempt:No ChangeNo change to the existing SIP-approved language.(1) sources within Bernalillo countywhich are located on Indian landsover which the AlbuquerqueBernalillo county air qualitycontrol board lacks jurisdiction;No Change No change to the existing SIP-approved language.(2) each regulated new source reviewpollutant emitted by a source ormodification located in anonattainment area for thatpollutant;(2) each regulated [new sourcereview] NSR pollutant emitted bya source or modification locatedin a nonattainment area for thatpollutant;Acronym was added.Non-substantive changes; approvable.(3) after a public hearing, consistentwith the public notice andparticipation provisions of20.11.41 NMAC, Authority-toConstruct, the board may exemptmajor stationary sources or majormodifications if:(a) the major stationarysource would be anonprofit health ornonprofit educationalinstitution, or a majormodification that wouldNo Change No change to the existing SIP-approved language.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsoccur at such aninstitution; or(b) the source ormodification is aportable stationarysource which haspreviously received apermit pursuant to20.11.61 NMAC if:(i) the owner oroperatorproposes torelocate thesource, andemissions fromthe source atthe newlocation wouldbe temporary;and(ii) the emissionsfrom the sourcewould notexceed itsallowableemission rate;and(iii) the emissionsfrom the sourcewould notimpact anyfederal class Iarea nor anyarea where anapplicableincrement isExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsknown to beviolated; and(iv) reasonablenotice is givento thedepartmentprior to therelocationidentifying theproposed newlocation andthe probableduration ofoperation at thenew location;such noticeshall be givento thedepartment notless than 10days inadvance of theproposedrelocationunless adifferent timeduration ispreviouslyapproved bythe department;(4) sources or modifications thatwould be major only ifquantifiable fugitive emissionsare considered in calculating thepotential to emit, and the sourcedoes not belong to:No ChangeNo change to the existing SIP-approved language.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(a) any category in Table 1of 20.11.61.26 NMAC;or(b) any other stationarysource category whichas of August 7, 1980, isbeing regulated underSection 111 or 112 ofthe act.B. Variances:The director may grant avariance to any person constructing amajor stationary source or majormodification from the federal class Imaximum allowable increases consistentwith the requirements listed in 40 CFR52.21(p)(5).No Change No change to the existing SIP-approved language.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements20.11.61.5 EFFECTIVE DATE:No Change No change to the existing SIP-approved language.January 23, 2006, unless a later date is cited at theend of a section or paragraph.January 23, 2006, unless a later date is cited at theend of a section [or paragraph].Non-substantive changes; approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements20.11.61.6 OBJECTIVE:No Change No change to the existing SIP-approved language.To minimize air pollutant emissions from newmajor stationary sources or major modifications inareas classified as in attainment of the nationalTo minimize air pollutant emissions from newmajor stationary sources or major modifications inareas classified as in attainment of the nationalAcronym was added.Non-substantive changes; approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsambient air quality standards or determined to beunclassifiable pursuant to Section 107(d) of the act.ambient air quality standards (NAAQS) ordetermined to be unclassifiable pursuant to Section107(d) of the act.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirements20.11.61.7 DEFINITIONS:No Change No Change No change to theexisting SIP-approvedlanguage.In addition to the definitions in 20.11.61NMAC, the definitions in 20.11.1 NMAC,General Provisions, shall apply unlessthere is a conflict between definitions, inwhich case the definition in 20.11.61NMAC shall govern.No Change No Change No change to theexisting SIP-approvedlanguage.A. “Act”means the federal CleanAir Act, as amended, 42 U. S. C.Sections 7401 et seq.No Change No Change No change to theexisting SIP-approvedlanguage.B. “Actual emissions”means theactual rate of emissions of aregulated new source reviewpollutant from an emissions unit,as determined in accordance withParagraphs (2) through (4) ofSubsection B of 20.11.61.7NMAC.(1) This definition shall notapply for calculatingwhether a significantemissions increase hasoccurred, or forestablishing a PAL underB. “Actual emissions”means theactual rate of emissions of aregulated [new source review]NSR pollutant from an emissionsunit, as determined in accordancewith Paragraphs (2) through (4) ofSubsection B of 20.11.61.7NMAC.(1) This definition shall notapply for calculatingwhether a significantemissions increase hasoccurred, or forestablishing a PAL underNo Change Acronym was added.Non-substantivechanges; approvable.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirements20.11.61.20 NMAC.Instead, Subsections Iand VV of 20.11.61.7NMAC shall apply forthose purposes.(2) In general, actualemissions as of aparticular date shallequal the average rate, intons per year, at whichthe unit actually emittedthe pollutant during aconsecutive 24-monthperiod which precedesthe particular date andwhich is representativeof normal sourceoperation. Thedepartment shall allowthe use of a differenttime period upon adetermination that it ismore representative ofnormal source operation.Actual emissions shall becalculated using theunit's actual operatinghours, production rates,and types of materialsprocessed, stored, orcombusted during theselected time period.(3) The department maypresume that sourcespecific allowableemissions for the unit are20.11.61.20 NMAC.Instead, Subsections Iand VV of 20.11.61.7NMAC shall apply forthose purposes.(2) In general, actualemissions as of aparticular date shallequal the average rate, intons per year, at whichthe unit actually emittedthe pollutant during aconsecutive 24-monthperiod which precedesthe particular date andwhich is representativeof normal sourceoperation. Thedepartment shall allowthe use of a differenttime period upon adetermination that it ismore representative ofnormal source operation.Actual emissions shall becalculated using theunit's actual operatinghours, production rates,and types of materialsprocessed, stored, orcombusted during theselected time period.(3) The department maypresume that sourcespecific allowableemissions for the unit areExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsequivalent to the actualemissions of the unit.(4) For any emissions unitthat has not begunnormal operations on theparticular date, actualemissions shall equal thepotential to emit of theunit on that date.equivalent to the actualemissions of the unit.(4) For any emissions unitthat has not begunnormal operations on theparticular date, actualemissions shall equal thepotential to emit of theunit on that date.C. “Administrator”means theadministrator of the U.S.environmental protection agency(EPA) or an authorizedrepresentative.No Change No Change No change to theexisting SIP-approvedlanguage.D. “Adverse impact on visibility”means visibility impairmentwhich interferes with themanagement, protection,preservation, or enjoyment of thevisitor's visual experience of thefederal class I area. Thisdetermination must be made on acase-by-case basis taking intoaccount the geographic extent,intensity, duration, frequency, andtime of the visibility impairmentsand how these factors correlatewith the following:(1) times of visitor use of thefederal class I area; and(2) the frequency and timingof natural conditions thatreduce visibility. Thisterm does not includeeffects on integral vistasNo Change No Change No change to theexisting SIP-approvedlanguage.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsas defined in 40 CFR51.301Definitions.E. “Air quality related values(AQRV)”means visibility andother scenic, cultural, physical,biological, ecological, orrecreational resources which maybe affected by a change in airquality resulting from theemissions of a proposed majorstationary source or majormodification that interferes withthe management, protection,preservation, or enjoyment of theair quality related values of afederal class I area.E. “Air quality related values(AQRV)”means visibility andother scenic, cultural, physical,biological, ecological, orrecreational resources which maybe affected by a change in airquality resulting from theemissions of a proposed majorstationary source or majormodification that interferes withthe management, protection,preservation, or enjoyment of the[air quality related values] AQRVof a federal class I area.No Change Acronym was added.Non-substantivechanges; approvable.F. “Allowable emissions”means theemissions rate of a stationarysource calculated using themaximum rated capacity of thesource (unless the source issubject to federally enforceablelimits which restrict the operatingrate, or hours of operation, orboth) and the most stringent of thefollowing:(1) the applicable standardsas set forth in 40 CFRParts 60 and 61;(2) the applicable stateimplementation planemissions limitation,including those with afuture compliance date;orNo Change No Change No change to theexisting SIP-approvedlanguage.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirements(3) the emissions ratespecified as a federallyenforceable permitcondition, includingthose with a futurecompliance date.G. “Associated emission sources”means secondary emissions andall reasonably foreseeableemissions of regulated pollutantsfrom the growth of generalresidential, commercial,industrial, governmental emissionsources and other mobile and nonmobile emission sources whichare associated with and/or supportthe proposed new major stationarysource or major modification.Other mobile and non-mobileemission sources shall include,but not be limited to, newhighways and roads orimprovements to existinghighways and roads to increasecapacity, new parking facilities orimprovements to existing parkingfacilities to increase capacity,service enhancements to groundand air public transportation toinclude the building of new publictransportation facilities orimprovements to existing publictransportation facilities to increasecapacity; and the building of newpublic or private educationalfacilities or improving existingG. “Associated emission sources”means secondary emissions andall reasonably foreseeableemissions of regulated pollutantsfrom the growth of generalresidential, commercial,industrial, governmental emissionsources and other mobile and nonmobile emission sources whichare associated with [and/or] orsupport the proposed new majorstationary source or majormodification. Other mobile andnon-mobile emission sources shallinclude, but not be limited to, newhighways and roads orimprovements to existinghighways and roads to increasecapacity, new parking facilities orimprovements to existing parkingfacilities to increase capacity,service enhancements to groundand air public transportation toinclude the building of new publictransportation facilities orimprovements to existing publictransportation facilities to increasecapacity; and the building of newpublic or private educationalfacilities or improving existingNo Change “Associated emissionsources” does not havea federal equivalent.The proposedrevisions do notsubstantively changethe SIP-approveddefinition.Non-substantivechanges; approvable.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementspublic or private educationalfacilities to increase enrollment.public or private educationalfacilities to increase enrollment.H. “Attainment area”means, forany air pollutant, an area which isshown by monitored data orwhich is calculated by air qualitymodeling not to exceed anynational ambient air qualitystandard for such pollutant, and isso designated under Section107(d)(1)(D) or (E) of the act.H. “Attainment area”means, forany air pollutant, an area which isshown by monitored data orwhich is calculated by air qualitymodeling not to exceed any[national ambient air qualitystandard] NAAQS for suchpollutant, and is so designatedunder Section 107(d)(1)(D) or (E)of the act.No Change Acronym was added.Non-substantivechanges; approvable.I. “Baseline actual emissions”means the rate of emissions, intons per year, of a regulated newsource review pollutant, asdetermined in accordance withParagraphs (1)-(4) of Subsection Iof 20.11.61.7 NMAC.(1) For any existing electricutility steam generatingunit, baseline actualemissions means theaverage rate, in tons peryear, at which the unitactually emitted thepollutant during anyconsecutive 24-monthperiod selected by theowner or operator withinthe five year periodimmediately precedingwhen the owner oroperator begins actualconstruction of theproject. The departmentI. “Baseline actual emissions”means the rate of emissions, intons per year, of a regulated [newsource review] NSR, asdetermined in accordance withParagraphs (1)-(4) of Subsection Iof 20.11.61.7 NMAC.(1) For any existing electricutility steam generatingunit, baseline actualemissions means theaverage rate, in tons peryear, at which the unitactually emitted thepollutant during anyconsecutive 24-monthperiod selected by theowner or operator withinthe five year periodimmediately precedingwhen the owner oroperator begins actualconstruction of theproject. The departmentNo Change Acronyms wereadded.Non-substantivechanges; approvable.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsshall allow the use of adifferent time periodupon a determination thatit is more representativeof normal sourceoperation.(a) The average rateshall includefugitiveemissions to theextentquantifiable,and emissionsassociated withstartups,shutdowns, andmalfunctions.(b) The average rateshall be adjusteddownward toexclude anynon-compliantemissions thatoccurred whilethe source wasoperating abovean emissionlimitation thatwas legallyenforceableduring theconsecutive 24-month period.(c) For a regulatednew sourcereviewshall allow the use of adifferent time periodupon a determination thatit is more representativeof normal sourceoperation.(a) The average rateshall includefugitiveemissions to theextentquantifiable,and emissionsassociated withstartups,shutdowns, andmalfunctions.(b) The average rateshall be adjusteddownward toexclude anynon-compliantemissions thatoccurred whilethe source wasoperating abovean emissionlimitation thatwas legallyenforceableduring theconsecutive 24-month period.(c) For a regulated[new sourcereview] NSRExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementspollutant, whena projectinvolvesmultipleemissions units,only oneconsecutive 24-month periodmust be used todetermine thebaseline actualemissions forthe emissionsunits beingchanged. Adifferentconsecutive 24-month periodcan be used foreach regulatednew sourcereviewpollutant.(d) The average rateshall not bebased on anyconsecutive 24-month periodfor which thereis inadequateinformation fordeterminingannualemissions, intons per year,and forpollutant, whena projectinvolvesmultipleemissions units,only oneconsecutive 24-month periodmust be used todetermine thebaseline actualemissions forthe emissionsunits beingchanged. Adifferentconsecutive 24-month periodcan be used foreach regulated[new sourcereview] NSRpollutant.(d) The average rateshall not bebased on anyconsecutive 24-month periodfor which thereis inadequateinformation fordeterminingannualemissions, intons per year,and forExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsadjusting thisamount ifrequired bySubparagraph(b) of Paragraph(1) ofSubsection I of20.11.61.7NMAC.(2) For an existing emissionsunit (other than anelectric utility steamgenerating unit), baselineactual emissions meansthe average rate, in tonsper year, at which theemissions unit actuallyemitted the pollutantduring any consecutive24-month period selectedby the owner or operatorwithin the 10 year periodimmediately precedingeither the date the owneror operator begins actualconstruction of theproject, or the date acomplete permitapplication is received bythe department for apermit required eitherunder 20.11.61 NMACor under a plan approvedby the administrator,whichever is earlier,except that the 10 yearadjusting thisamount ifrequired bySubparagraph(b) of Paragraph(1) ofSubsection I of20.11.61.7NMAC.(2) For an existing emissionsunit (other than anelectric utility steamgenerating unit), baselineactual emissions meansthe average rate, in tonsper year, at which theemissions unit actuallyemitted the pollutantduring any consecutive24-month period selectedby the owner or operatorwithin the 10 year periodimmediately precedingeither the date the owneror operator begins actualconstruction of theproject, or the date acomplete permitapplication is received bythe department for apermit required eitherunder 20.11.61 NMACor under a plan approvedby the administrator,whichever is earlier,except that the 10 yearExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsperiod shall not includeany period earlier thanNovember 15, 1990.(a) The average rateshall includefugitiveemissions to theextentquantifiable,and emissionsassociated withstartups,shutdowns, andmalfunctions.(b) The average rateshall be adjusteddownward toexclude anynon-compliantemissions thatoccurred whilethe source wasoperating abovean emissionlimitation thatwas legallyenforceableduring theconsecutive 24-month period.(c) The average rateshall be adjusteddownward toexclude anyemissions thatwould haveperiod shall not includeany period earlier thanNovember 15, 1990.(a) The average rateshall includefugitiveemissions to theextentquantifiable,and emissionsassociated withstartups,shutdowns, andmalfunctions.(b) The average rateshall be adjusteddownward toexclude anynon-compliantemissions thatoccurred whilethe source wasoperating abovean emissionlimitation thatwas legallyenforceableduring theconsecutive 24-month period.(c) The average rateshall be adjusteddownward toexclude anyemissions thatwould haveExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsexceeded anemissionlimitation withwhich the majorstationarysource mustcurrentlycomply, hadsuch majorstationarysource beenrequired tocomply withsuch limitationsduring theconsecutive 24-month period.However, if anemissionlimitation is partof a maximumachievablecontroltechnologystandard that theadministratorproposed orpromulgatedunder 40 CFRPart 63, thebaseline actualemissions needonly be adjustedif the state hastaken credit forsuch emissionsexceeded anemissionlimitation withwhich the majorstationarysource mustcurrentlycomply, hadsuch majorstationarysource beenrequired tocomply withsuch limitationsduring theconsecutive 24-month period.However, if anemissionlimitation is partof a maximumachievablecontroltechnologystandard that theadministratorproposed orpromulgatedunder 40 CFRPart 63, thebaseline actualemissions needonly be adjustedif the state hastaken credit forsuch emissionsExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsreductions in anattainmentdemonstrationor maintenanceplan consistentwith therequirements of40 CFR51.165(a)(3)(ii)(G).(d) For a regulatednew sourcereviewpollutant, whena projectinvolvesmultipleemissions units,only oneconsecutive 24-month periodmust be used todetermine thebaseline actualemissions forthe emissionsunits beingchanged. Adifferentconsecutive 24-month periodcan be used foreach regulatednew sourcereviewpollutant.reductions in anattainmentdemonstrationor maintenanceplan consistentwith therequirements of40 CFR51.165(a)(3)(ii)(G).(d) For a regulated[new sourcereview] NSRpollutant, whena projectinvolvesmultipleemissions units,only oneconsecutive 24-month periodmust be used todetermine thebaseline actualemissions forthe emissionsunits beingchanged. Adifferentconsecutive 24-month periodcan be used foreach regulated[new sourcereview] NSRpollutant.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirements(e) The average rateshall not bebased on anyconsecutive 24-month periodfor which thereis inadequateinformation fordeterminingannualemissions, intons per year,and foradjusting thisamount ifrequired bySubparagraphs(b) and (c) ofParagraph (2) ofSubsection I of20.11.61.7NMAC.(3) For a new emissions unit,the baseline actualemissions for purposes ofdetermining theemissions increase thatwill result from theinitial construction andoperation of such unitshall equal zero; andthereafter, for all otherpurposes, shall equal theunit's potential to emit.(4) For a PAL for astationary source, the(e) The average rateshall not bebased on anyconsecutive 24-month periodfor which thereis inadequateinformation fordeterminingannualemissions, intons per year,and foradjusting thisamount ifrequired bySubparagraphs(b) and (c) ofParagraph (2) ofSubsection I of20.11.61.7NMAC.(3) For a new emissions unit,the baseline actualemissions for purposes ofdetermining theemissions increase thatwill result from theinitial construction andoperation of such unitshall equal zero; andthereafter, for all otherpurposes, shall equal theunit's potential to emit.(4) For a PAL for astationary source, theExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsbaseline actual emissionsshall be calculated forexisting electric utilitysteam generating units inaccordance with theprocedures contained inParagraph (1) ofSubsection I of20.11.61.7 NMAC, forother existing emissionsunits in accordance withthe procedures containedin Paragraph (2) ofSubsection I of20.11.61.7 NMAC, andfor a new emissions unitin accordance with theprocedures contained inParagraph (3) ofSubsection I of20.11.61.7 NMAC.baseline actual emissionsshall be calculated forexisting electric utilitysteam generating units inaccordance with theprocedures contained inParagraph (1) ofSubsection I of20.11.61.7 NMAC, forother existing emissionsunits in accordance withthe procedures containedin Paragraph (2) ofSubsection I of20.11.61.7 NMAC, andfor a new emissions unitin accordance with theprocedures contained inParagraph (3) ofSubsection I of20.11.61.7 NMAC.J.“Baseline area”(1) Means any intrastate area(and every part thereof)designated as attainmentor unclassifiable underSection 107(d)(1) (D) or(E) of the act in whichthe major source ormajor modificationestablishing the minorsource baseline datewould construct or wouldhave an air qualityimpact equal to or greaterthan one microgram perJ.“Baseline area”(1) Means any intrastate area(and every part thereof)designated as attainmentor unclassifiable underSection [107(d)(1) (D) or(E)] 107(d)(1)(A)(ii) or(iii) of the act in whichthe major source ormajor modificationestablishing the minorsource baseline datewould construct or wouldhave an air qualityimpact for the pollutantNo Change Revisions made toreflect regulatoryrevisions promulgatedby EPA on October20, 2010. Revisionsare consistent with thedefinition of “baselinearea” found in51.166(b)(15).Revisions areapprovable.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementscubic meter (1μg/m3)(annual average) of thepollutant for which theminor source baselinedate is established.(2) Area redesignationsunder Section 107(d)(1)(D) or (E) of the actcannot intersect or besmaller than the area ofimpact of any majorstationary source ormajor modificationwhich:(a) establishes aminor sourcebaseline date; or(b) is subject to 40CFR 52.21 orunderregulationsapprovedpursuant to 40CFR 51.166,and would beconstructed inthe same stateas the stateproposing theredesignation;(3) Any baseline areaestablished originally fortotal suspendedparticulates (TSP)increments shall remainin effect and shall applyfor which the baselinedate is established, asfollows: equal to orgreater than onemicrogram per cubicmeter (1μg/m3) (annualaverage) [of the pollutantfor which the minorsource baseline date isestablished] for SO2,NO2, or PM10; or equalto or greater than 0.3μg/m3 (annual average)for PM2.5.(2) Area redesignationsunder Section [107(d)(1)(D) or (E)]107(d)(1)(A)(ii) or (iii)of the act cannot intersector be smaller than thearea of impact of anymajor stationary sourceor major modificationwhich:(a) establishes aminor sourcebaseline date; or(b) is subject to 40CFR 52.21 orunderregulationsapprovedpursuant to 40CFR 51.166,and would beconstructed inExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsfor purposes ofdetermining the amountof available PM10increments, except thatsuch baseline area shallnot remain in effect if thedepartment rescinds thecorresponding minorsource baseline date inaccordance withParagraph (3) ofSubsection MM of20.11.61.7 NMAC.the same stateas the stateproposing theredesignation;(3) Any baseline areaestablished originally fortotal suspendedparticulates (TSP)increments shall remainin effect and shall applyfor purposes ofdetermining the amountof available PM10increments, except thatsuch baseline area shallnot remain in effect if thedepartment rescinds thecorresponding minorsource baseline date inaccordance withParagraph (3) ofSubsection MM of20.11.61.7 NMAC.K.“Baseline concentration”meansthat ambient concentration levelthat exists in the baseline area atthe time of the applicable minorsource baseline date.(1) A baseline concentrationis determined for eachpollutant for which aminor source baselinedate is established andshall include:(a) the actualemissionsNo Change No Change No change to theexisting SIP-approvedlanguage.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsrepresentativeof sources inexistence on theapplicableminor sourcebaseline date,except asprovided inParagraph (2) ofSubsection K of20.11.61.7NMAC;(b) the allowableemissions ofmajor stationarysources thatcommencedconstructionbefore the majorsource baselinedate, but werenot in operationby theapplicableminor sourcebaseline date.(2) The following will not beincluded in the baselineconcentration and willaffect the applicablemaximum allowableincrease(s):(a) actual emissionsfrom any majorstationarysource on whichExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsconstructioncommencedafter the majorsource baselinedate; and(b) actual emissionsincreases anddecreases at anystationarysourceoccurring afterthe minorsource baselinedate.L. “Begin actual construction”means, in general, the initiation ofphysical onsite constructionactivities on an emissions unitwhich are of a permanent nature.Such activities include, but are notlimited to, installation of buildingsupports and foundations, layingof underground pipework andconstruction of permanent storagestructures. With respect to achange in method of operation,this term refers to those on-siteactivities, other than preparatoryactivities which mark theinitiation of the change.No Change No Change No change to theexisting SIP-approvedlanguage.M. “Best available controltechnology (BACT)”means anemissions limitation (including avisible emission standard) basedon the maximum degree ofreduction for each regulated newM. “Best available controltechnology (BACT)”means anemissions limitation (including avisible emission standard) basedon the maximum degree ofreduction for each regulated [newNo Change Acronym was added.Non-substantivechanges; approvable.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementssource review pollutant whichwould be emitted from anyproposed major stationary sourceor major modification, which thedirector on a case-by-case basis,taking into account energy,environmental, and economicimpacts and other costs,determines is achievable for suchsource or modification throughapplication of productionprocesses or available methods,systems, and techniques,including fuel cleaning ortreatment or innovative fuelcombustion techniques for controlof such pollutant. In no event shallapplication of best availablecontrol technology result inemissions of any pollutant whichwould exceed the emissionsallowed by any applicablestandard under 40 CFR Parts 60and 61. If the director determinesthat technological or economiclimitations on the application ofmeasurement methodology to aparticular emissions unit wouldmake the imposition of anemissions standard infeasible, adesign, equipment, work practice,operational standard, orcombination thereof, may beprescribed instead to satisfy therequirement for the application ofbest available control technology.source review] NSR pollutantwhich would be emitted from anyproposed major stationary sourceor major modification, which thedirector on a case-by-case basis,taking into account energy,environmental, and economicimpacts and other costs,determines is achievable for suchsource or modification throughapplication of productionprocesses or available methods,systems, and techniques,including fuel cleaning ortreatment or innovative fuelcombustion techniques for controlof such pollutant. In no event shallapplication of best availablecontrol technology result inemissions of any pollutant whichwould exceed the emissionsallowed by any applicablestandard under 40 CFR Parts 60and 61. If the director determinesthat technological or economiclimitations on the application ofmeasurement methodology to aparticular emissions unit wouldmake the imposition of anemissions standard infeasible, adesign, equipment, work practice,operational standard, orcombination thereof, may beprescribed instead to satisfy therequirement for the application ofbest available control technology.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsSuch standard shall, to the degreepossible, set forth the emissionsreduction achievable byimplementation of such design,equipment, work practice, oroperation, and shall provide forcompliance by means whichachieve equivalent results.Such standard shall, to the degreepossible, set forth the emissionsreduction achievable byimplementation of such design,equipment, work practice, oroperation, and shall provide forcompliance by means whichachieve equivalent results.N. “Building, structure, facility, orinstallation”means all of thepollutant emitting activities whichbelong to the same industrialgrouping, are located on one ormore contiguous or adjacentproperties, and are under thecontrol of the same person (orpersons under common control)except the activities of any vessel.Pollutant emitting activities shallbe considered as part of the sameindustrial grouping if they belongto the same “major group” (i.e.,which have the same first twodigit code) as described in thestandard industrial classification(SIC)manual, 1972, as amendedby the 1977 supplement (U. S.government printing office stocknumbers 4101-0066 and 003-005-00176-0, respectively) or anysuperseding SIC manual.No Change No Change No change to theexisting SIP-approvedlanguage.O. “Class I area”means any federalland that is classified orreclassified as “class I” as listed in20.11.61.25 NMAC.No Change No Change No change to theexisting SIP-approvedlanguage.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsP. “Commence”as applied toconstruction of a major stationarysource or major modification,means that the owner or operatorhas all necessary preconstructionapprovals or permits and eitherhas:(1) begun, or caused tobegin, a continuousprogram of actual on-siteconstruction of thesource, to be completedwithin a reasonable time;or(2) entered into bindingagreements orcontractual obligations,which cannot becancelled or modifiedwithout substantial lossto the owner or operator,to undertake a programof actual construction ofthe source to becompleted within areasonable time.No Change No Change No change to theexisting SIP-approvedlanguage.Q.“Complete”means, in referenceto an application for a permit, thatthe department has determined theapplication contains all of theinformation necessary forprocessing the application.Designating an applicationcomplete for purposes of permitprocessing does not preclude thedepartment from requesting orNo Change No Change No change to theexisting SIP-approvedlanguage.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsaccepting any additionalinformation.R. “Construction”means anyphysical change or change in themethod of operation (includingfabrication, erection, installation,demolition, or modification of anemissions unit) that would resultin a change in emissions.No Change No Change No change to theexisting SIP-approvedlanguage.S. “Continuous emissionsmonitoring system (CEMS)”means all of the equipment thatmay be required to meet the dataacquisition and availabilityrequirements of 20.11.61 NMAC,to sample, condition (ifapplicable), analyze, and providea record of emissions on acontinuous basis.No Change No Change No change to theexisting SIP-approvedlanguage.T. “Continuous emissions ratemonitoring system (CERMS)”means the total equipmentrequired for the determination andrecording of the pollutant massemissions rate (in terms of massper unit of time).No Change No Change No change to theexisting SIP-approvedlanguage.U. “Continuous parametermonitoring system (CPMS)”means all of the equipmentnecessary to meet the dataacquisition and availabilityrequirements of 20.11.61 NMAC,to monitor process and controldevice operational parameters (forexample, control deviceNo Change No Change No change to theexisting SIP-approvedlanguage.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementssecondary voltages and electriccurrents) and other information(for example, gas flow rate, O2 orCO2 concentrations), and torecord average operationalparameter value(s) on acontinuous basis.V. “Department”means the city ofAlbuquerque, environmentalhealth department or its successoragency.No Change No Change No change to theexisting SIP-approvedlanguage.W. “Director”means the director ofthe city of Albuquerque,environmental health departmentor the director of its successoragency.No Change No Change No change to theexisting SIP-approvedlanguage.X. “Electric utility steamgenerating unit”means anysteam electric generating unit thatis constructed for the purpose ofsupplying more than one-third ofits potential electric outputcapacity and more than 25megawatts electrical output to anyutility power distribution systemfor sale. Any steam supplied to asteam distribution system for thepurpose of providing steam to asteam-electric generator thatwould produce electrical energyfor sale is also considered indetermining the electrical energyoutput capacity of the affectedfacility.No Change No Change No change to theexisting SIP-approvedlanguage.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsY. “Emissions unit”means any partof a stationary source that emits orwould have the potential to emitany regulated new source reviewpollutant and includes an electricutility steam generating unit asdefined in 20.11.61.7 NMAC. Forpurposes of 20.11.61 NMAC,there are two types of emissionsunits as follows:(1) a new emissions unit isany emissions unit that is(or will be) newlyconstructed and that hasexisted for less than twoyears from the date suchemissions unit firstoperated;(2) an existing emissionsunit is any emissions unitthat does not meet therequirements inParagraph (1) ofSubsection Y of20.11.61.7 NMAC. Areplacement unit is anexisting unit.Y. “Emissions unit”means any partof a stationary source that emits orwould have the potential to emitany regulated [new source review]NSR pollutant and includes anelectric utility steam generatingunit as defined in 20.11.61.7NMAC. For purposes of 20.11.61NMAC, there are two types ofemissions units as follows:(1) a new emissions unit isany emissions unit that is(or will be) newlyconstructed and that hasexisted for less than twoyears from the date suchemissions unit firstoperated;(2) an existing emissionsunit is any emissions unitthat does not meet therequirements inParagraph (1) ofSubsection Y of20.11.61.7 NMAC. Areplacement unit is anexisting unit.No Change Acronym was added.Non-substantivechanges; approvable.AA. “Federally enforceable”meansall limitations and conditionswhich are enforceable by theadministrator, including:(1) those requirementsdeveloped pursuant to 40CFR Parts 60 and 61;(2) requirements within anyapplicable stateNo Change No Change No change to theexisting SIP-approvedlanguage.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsimplementation plan(SIP);(3) any permit requirementsestablished pursuant to40 CFR 52.21; or(4) under regulationsapproved pursuant to 40CFR Part 51, Subpart I,including operatingpermits issued under anEPA-approved programthat expressly requiresadherence to any permitissued under suchprogram.BB. “Fugitive emissions”meansthose emissions which could notreasonably pass through a stack,chimney, vent, or otherfunctionally equivalent opening.No Change No Change No change to theexisting SIP-approvedlanguage.CC. “Greenhouse gases” or “GHGs”means the air pollutant defined in§ 86.1818–12(a) of Chapter I ofTitle 40 of the CFR, as theaggregate group of six greenhousegases: carbon dioxide, nitrousoxide, methane,hydrofluorocarbons,perfluorocarbons, and sulfurhexafluoride.No Change No Change No change to theexisting SIP-approvedlanguage.DD. “High terrain”means any areahaving an elevation 900 feet ormore above the base of a source'sstack.No Change No Change No change to theexisting SIP-approvedlanguage.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsEE. “Indian governing body”meansthe governing body of any tribe,band, or group of Indians subjectto the jurisdiction of the UnitedStates and recognized by theUnited States as possessing powerof self government.No Change No Change No change to theexisting SIP-approvedlanguage.FF. “Innovative control technology”means any system of air pollutioncontrol that has not beenadequately demonstrated inpractice, but would have asubstantial likelihood of achievinggreater continuous emissionsreduction than any control systemin current practice or achieving atleast comparable reductions atlower cost in terms of energy,economics, or non-air qualityenvironmental impacts.No Change No Change No change to theexisting SIP-approvedlanguage.GG. “Low terrain”means any areaother than high terrain.No Change No Change No change to theexisting SIP-approvedlanguage.HH. “Lowest achievable emissionrate (LAER)”means, for anysource, the more stringent rate ofemissions based on the following:(1) the most stringentemissions limitationwhich is contained in theimplementation plan ofany state for such classor category of stationarysource, unless the owneror operator of theproposed stationaryNo Change No Change No change to theexisting SIP-approvedlanguage.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementssource demonstrates thatsuch limitations are notachievable; or(2) the most stringentemissions limitationwhich is achieved inpractice by such class orcategory of stationarysource; this limitation,when applied to amodification, means thelowest achievableemissions rate for thenew or modifiedemissions units withinthe stationary source; inno event shall theapplication of this termpermit a proposed new ormodified stationarysource to emit anypollutant in excess of theamount allowable underan applicable new sourcestandard of performance.II. “Major modification”(1) Means any physicalchange in or change inthe method of operationof a major stationarysource that would resultin: a significantemissions increase of aregulated new sourcereview pollutant; and asignificant net emissionsII. “Major modification”(1) Means any physicalchange in or change inthe method of operationof a major stationarysource that would resultin: a significantemissions increase of aregulated [new sourcereview] NSR pollutant;and a significant netNo Change Acronyms wereadded.Non-substantivechanges; approvable.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsincrease of that pollutantfrom the major stationarysource.(2) Any significantemissions increase fromany emissions units ornet emissions increase ata major stationary sourcethat is significant forvolatile organiccompounds or oxides ofnitrogen shall beconsidered significant forozone.(3) A physical change orchange in the method ofoperation shall notinclude:(a) routinemaintenance,repair, andreplacement;(b) use of analternative fuelor raw materialby reason of anorder underSection 2(a) and(b) of theEnergy SupplyandEnvironmentalCoordinationAct of 1974 (orany supersedinglegislation) oremissions increase ofthat pollutant from themajor stationary source.(2) Any significantemissions increase fromany emissions units ornet emissions increase ata major stationary sourcethat is significant forvolatile organiccompounds or oxides ofnitrogen shall beconsidered significant forozone.(3) A physical change orchange in the method ofoperation shall notinclude:(a) routinemaintenance,repair, andreplacement;(b) use of analternative fuelor raw materialby reason of anorder underSection 2(a) and(b) of theEnergy SupplyandEnvironmentalCoordinationAct of 1974 (orany supersedinglegislation) orExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsby reason of anatural gascurtailment planpursuant to theFederal PowerAct;(c) use of analternative fuelby reason of anorder or ruleunder Section125 of the act;(d) use of analternative fuelat a steamgenerating unitto the extentthat the fuel isgenerated frommunicipal solidwaste;(e) use of analternative fuelor raw materialby a stationarysource which:(i) thesourcewascapableofaccommodatingbeforeJanuarby reason of anatural gascurtailment planpursuant to theFederal PowerAct;(c) use of analternative fuelby reason of anorder or ruleunder Section125 of the act;(d) use of analternative fuelat a steamgenerating unitto the extentthat the fuel isgenerated frommunicipal solidwaste;(e) use of analternative fuelor raw materialby a stationarysource which:(i) thesourcewascapableofaccommodatingbeforeJanuarExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsy 6,1975,unlesssuchchangewouldbeprohibitedunderanyfederallyenforceablepermitconditionwhichwasestablishedafterJanuary 6,1975pursuant to 40CFR52.21orunderregulationsapprovedy 6,1975,unlesssuchchangewouldbeprohibitedunderanyfederallyenforceablepermitconditionwhichwasestablishedafterJanuary 6,1975pursuant to 40CFR52.21orunderregulationsapprovedExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementspursuant to 40CFRSubpart I or40CFR51.166;or(ii) thesourceisapproved touseunderanypermitissuedunder40CFR52.21orunderregulationsapprovedpursuant to 40CFR51.166;(f) an increase inthe hours ofoperation or inpursuant to 40CFRSubpart I or40CFR51.166;or(ii) thesourceisapproved touseunderanypermitissuedunder40CFR52.21orunderregulationsapprovedpursuant to 40CFR51.166;(f) an increase inthe hours ofoperation or inExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsthe productionrate, unless suchchange wouldbe prohibitedunder anyfederallyenforceablepermit conditionwhich wasestablished afterJanuary 6, 1975,pursuant to 40CFR 52.21 orunderregulationsapprovedpursuant to 40CFR Subpart Ior 40 CFR51.166;(g) any change inownership at astationarysource;(h) the installation,operation,cessation, orremoval of atemporary cleancoal technologydemonstrationproject,provided thatthe projectcomplies with:the productionrate, unless suchchange wouldbe prohibitedunder anyfederallyenforceablepermit conditionwhich wasestablished afterJanuary 6, 1975,pursuant to 40CFR 52.21 orunderregulationsapprovedpursuant to 40CFR Subpart Ior 40 CFR51.166;(g) any change inownership at astationarysource;(h) the installation,operation,cessation, orremoval of atemporary cleancoal technologydemonstrationproject,provided thatthe projectcomplies with:Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirements(i) thestateimplementation planfor thestate inwhichtheprojectislocated; and(ii) otherrequirementsnecessary toattainandmaintain thenationalambient airqualitystandardsduringtheprojectandafter itis(i) thestateimplementation planfor thestate inwhichtheprojectislocated; and(ii) otherrequirementsnecessary toattainandmaintain the[nationalambient airqualitystandards]NAAQSduringtheprojectandafter itExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsterminated;(i) the installationor operation of apermanent cleancoal technologydemonstrationproject thatconstitutesrepowering,provided thatthe project doesnot result in anincrease in thepotential to emitof any regulatednew sourcereview pollutantemitted by theunit; thisexemption shallapply on apollutant-bypollutant basis;or(j) the reactivationof a very cleancoal-firedelectric utilitysteamgenerating unit.(4) This definition shall notapply with respect to aparticular regulated newsource review pollutantwhen the majoristerminated;(i) the installationor operation of apermanent cleancoal technologydemonstrationproject thatconstitutesrepowering,provided thatthe project doesnot result in anincrease in thepotential to emitof any regulated[new sourcereview] NSRpollutantemitted by theunit; thisexemption shallapply on apollutant-bypollutant basis;or(j) the reactivationof a very cleancoal-firedelectric utilitysteamgenerating unit.(4) This definition shall notapply with respect to aparticular regulated [newExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsstationary source iscomplying with therequirements under20.11.61.20 NMAC for aPAL for that pollutant.Instead, the definition atParagraph (8) ofSubsection B of20.11.61.20 NMAC shallapply.source review] NSRpollutant when the majorstationary source iscomplying with therequirements under20.11.61.20 NMAC for aPAL for that pollutant.Instead, the definition atParagraph (8) ofSubsection B of20.11.61.20 NMAC shallapply.JJ. “Major source baseline date”means:(1) in the case of particulatematter and sulfurdioxide, January 6, 1975;and(2) in the case of nitrogendioxide, February 8,1988.JJ. “Major source baseline date”means:(1) in the case of [particulatematter] PM10 and sulfurdioxide, January 6, 1975;[and](2) in the case of nitrogendioxide, February 8,1988; and(3) in the case of PM2.5,October 20, 2010.No Change Revisions made toreflect regulatoryrevisions promulgatedby EPA on October20, 2010. Revisionsare consistent with thedefinition of “majorsource baseline date”found in51.166(b)(14)(i).Revisions areapprovable.KK. “Major stationary source”(1) means:(a) any stationarysource listed inTable 1 of20.11.61.26NMAC whichemits, or has thepotential toemit, 100 tonsper year or moreKK. “Major stationary source”(1) means:(a) any stationarysource listed inTable 1 of20.11.61.26NMAC whichemits, or has thepotential toemit, 100 tonsper year or moreNo Change Acronyms wereadded.Non-substantivechanges; approvable.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsof any regulatednew sourcereviewpollutant;(b) notwithstandingthe stationarysourcecategoriesspecified inSubparagraph(a) of Paragraph(1) ofSubsection KKof 20.11.61.7NMAC, anystationarysource whichemits, or has thepotential toemit, 250 tonsper year or moreof any regulatednew sourcereviewpollutant; or(c) any physicalchange thatwould occur at astationarysource nototherwisequalifying underSubsection KKof 20.11.61.7NMAC, as amajor stationaryof any regulated[new sourcereview] NSRpollutant;(b) notwithstandingthe stationarysourcecategoriesspecified inSubparagraph(a) of Paragraph(1) ofSubsection KKof 20.11.61.7NMAC, anystationarysource whichemits, or has thepotential toemit, 250 tonsper year or moreof any regulated[new sourcereview] NSRpollutant; or(c) any physicalchange thatwould occur at astationarysource nototherwisequalifying underSubsection KKof 20.11.61.7NMAC, as amajor stationaryExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementssource if thechange wouldconstitute amajor stationarysource by itself.(2) A major source that ismajor for volatile organiccompounds or oxides ofnitrogen shall beconsidered major forozone.(3) The fugitive emissions ofa stationary source shallnot be included indetermining whether it isa major stationarysource, unless the sourcebelongs to one of thestationary sourcecategories found in Table1 of 20.11.61.26 NMACor any other stationarysource category which,as of August 7, 1980, isbeing regulated underSection 111 or 112 of theact.source if thechange wouldconstitute amajor stationarysource by itself.(2) A major source that ismajor for volatile organiccompounds or oxides ofnitrogen shall beconsidered major forozone.(3) The fugitive emissions ofa stationary source shallnot be included indetermining whether it isa major stationarysource, unless the sourcebelongs to one of thestationary sourcecategories found in Table1 of 20.11.61.26 NMACor any other stationarysource category which,as of August 7, 1980, isbeing regulated underSection 111 or 112 of theact.LL. “Mandatory federal class Iarea”means any area identifiedin 40 CFR Part 81, Subpart D.No Change No Change No change to theexisting SIP-approvedlanguage.MM. “Minor source baseline date”means the earliest date after thetrigger date on which a majorstationary source or majormodification subject to 40 CFRMM. “Minor source baseline date”means the earliest date after thetrigger date on which a majorstationary source or majormodification subject to 40 CFR52.21, or [20.11.61 NMAC] toNo Change Revisions made toreflect regulatoryrevisions promulgatedby EPA on October20, 2010. Revisionsare consistent with theExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirements52.21, or 20.11.61 NMAC,submits a complete application.(1) The trigger dates are:(a) August 7, 1977,for particulatematter andsulfur dioxide;and(b) February 8,1988 fornitrogendioxide.(2) The baseline date isestablished for eachpollutant for whichincrements or otherequivalent measures havebeen established if:(a) the area inwhich theproposed majorstationarysource or majormodificationwould constructis designated asattainment orunclassifiableunder Section107(d)(i)(D) or(E) of thefederal act forthe pollutant onthe date of itscompleteapplicationregulations approved pursuant to40 CFR 51.166, submits acomplete application under therelevant regulations.(1) The trigger dates are:(a) August 7, 1977,for [particulatematter] PM10and sulfurdioxide; and(b) February 8,1988 fornitrogendioxide; and(c) October 20,2011, forPM2.5.(2) The baseline date isestablished for eachpollutant for whichincrements or otherequivalent measures havebeen established if:(a) the area inwhich theproposed majorstationarysource or majormodificationwould constructis designated asattainment orunclassifiableunder Section[107(d)(1) (D)or (E)]definition of “minorsource baseline date”found in51.166(b)(14)(ii).Revisions areapprovable.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsunder 40 CFR52.21 or20.11.61NMAC; and(b) in the case of amajor stationarysource, thepollutant wouldbe emitted insignificantamounts, or inthe case of amajormodification,there would be asignificant netemissionsincrease of thepollutant.(3) Any minor sourcebaseline date establishedoriginally for the TSPincrements shall remainin effect and shall applyfor purposes ofdetermining the amountof available PM10increments, except thatthe department mayrescind any such minorsource baseline datewhere it can be shown, tothe director's satisfactionthat, either the emissionsincrease from the majorstationary source, or the107(d)(1)(A)(ii)or (iii) of thefederal act forthe pollutant onthe date of itscompleteapplicationunder 40 CFR52.21 or[20.11.61NMAC] underregulationsapprovedpursuant to 40CFR 51.166;and(b) in the case of amajor stationarysource, thepollutant wouldbe emitted insignificantamounts, or inthe case of amajormodification,there would be asignificant netemissionsincrease of thepollutant.(3) Any minor sourcebaseline date establishedoriginally for the TSPincrements shall remainin effect and shall applyExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsnet emissions increasefrom the majormodification, responsiblefor triggering that datedid not result in asignificant amount ofPM10 emissions.for purposes ofdetermining the amountof available PM10increments, except thatthe department mayrescind any such minorsource baseline datewhere it can be shown, tothe director's satisfactionthat, either the emissionsincrease from the majorstationary source, or thenet emissions increasefrom the majormodification, responsiblefor triggering that datedid not result in asignificant amount ofPM10 emissions.NN. “Natural conditions”includesnaturally occurring phenomenathat reduce visibility as measuredin terms of visual range, contrastor coloration.No Change No Change No change to theexisting SIP-approvedlanguage.OO. “Necessary preconstructionapprovals or permits”meanthose permits or approvalsrequired under federal air qualitycontrol laws and regulations andthose air quality control laws andregulations which are part of theNew Mexico state implementationplan.No Change No Change No change to theexisting SIP-approvedlanguage.PP. “Net emissions increase”(1) Means, that with respectto any regulated newPP. “Net emissions increase”(1) Means, that with respectto any regulated [newNo Change Revisions made toreflect regulatoryrevisions promulgatedExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementssource review pollutantemitted by a majorstationary source, theamount by which thesum of the followingexceeds zero:(a) the increase inemissions froma particularphysical changeor change in themethod ofoperation at astationarysource ascalculatedpursuant toSubsection D of20.11.61.11NMAC; and(b) any otherincreases anddecreases inactual emissionsat the majorstationarysource that arecontemporaneous with theparticularchange and areotherwisecreditable;baseline actualemissions forcalculatingsource review] NSRpollutant emitted by amajor stationary source,the amount by which thesum of the followingexceeds zero:(a) the increase inemissions froma particularphysical changeor change in themethod ofoperation at astationarysource ascalculatedpursuant toSubsection D of20.11.61.11NMAC; and(b) any otherincreases anddecreases inactual emissionsat the majorstationarysource that arecontemporaneous with theparticularchange and areotherwisecreditable;baseline actualemissions forcalculatingby EPA on March 30,2011. Definitionrevised to matchfederal definition of“net emissionsincrease” found in51.166(b)(3)(i).Revisions areapprovable.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsincreases anddecreases shallbe determinedas provided inSubsection I of20.11.61.7NMAC, exceptthatSubparagraph(c) of Paragraph(1) andSubparagraph(d) of Paragraph(2) ofSubsection I of20.11.61.7NMAC shall notapply.(2) An increase or decreasein actual emissions iscontemporaneous withthe increase from theparticular change only ifit occurs between:(a) the date fiveyears prior tothecommencementof constructionon the particularchange; and(b) the date that theincrease fromthe particularchange occurs.increases anddecreases shallbe determinedas provided inSubsection I of20.11.61.7NMAC, exceptthatSubparagraph(c) of Paragraph(1) andSubparagraph(d) of Paragraph(2) ofSubsection I of20.11.61.7NMAC shall notapply.(2) An increase or decreasein actual emissions iscontemporaneous withthe increase from theparticular change only ifit occurs between:(a) the date fiveyears prior tothecommencementof constructionon the particularchange; and(b) the date that theincrease fromthe particularchange occurs.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirements(3) An increase or decreasein actual emissions iscreditable only if:(a) it occursbetween:(i) thedatefiveyearsprior tothecommencement ofconstructionon theparticularchange; and(ii) thedatethat theincrease fromtheparticularchangeoccurs;and(b) the departmenthas not relied onit in issuing apermit for the(3) An increase or decreasein actual emissions iscreditable only if:(a) it occursbetween:(i) thedatefiveyearsprior tothecommencement ofconstructionon theparticularchange; and(ii) thedatethat theincrease fromtheparticularchangeoccurs;and(b) the departmenthas not relied onit in issuing apermit for theExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementssource underregulationsapprovedpursuant to20.11.61NMAC, whichpermit is ineffect when theincrease inactual emissionsfrom theparticularchange occurs.(4) An increase or decreasein actual emissions ofsulfur dioxide,particulate matter, oroxides of nitrogen thatoccurs before theapplicable minor sourcebaseline date iscreditable only if it isrequired to be consideredin calculating the amountof maximum allowableincreases remainingavailable.(5) An increase in actualemissions is creditableonly to the extent that thenew level of actualemissions exceeds theold level.(6) A decrease in actualemissions is creditableonly to the extent that:source underregulationsapprovedpursuant to[20.11.61NMAC] 40CFR 51.166,which permit isin effect whenthe increase inactual emissionsfrom theparticularchange occurs;and(c) the increase ordecrease inemissions didnot occur at aclean unit, asdefined in 40CFR51.166(b)(3)(iii)(c) and FederalRegister Vol. 76No. 61, 3/30/11,p. 17554.(d) As it pertains toan increase ordecrease infugitiveemissions (tothe extentquantifiable), itoccurs at anemissions unitExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirements(a) the old level ofactual emissionsor the old levelof allowableemissions,whichever islower, exceedsthe new level ofactualemissions;(b) it is enforceableas a practicalmatter at andafter the timethat actualconstruction onthe particularchange begins;and(c) it hasapproximatelythe samequalitativesignificance forpublic healthand welfare asthat attributed tothe increasefrom theparticularchange; and(7) an increase that resultsfrom a physical change ata source occurs when theemissions unit on whichconstruction occurredthat is part ofone of thesourcecategories listedin Paragraph (3)of SubsectionKK of20.11.61.7NMAC or itoccurs at anemission unitthat is located ata majorstationarysource thatbelongs to oneof the listedsourcecategories.Fugitiveemissionincreases ordecreases arenot included forthose emissionsunits located ata facility whoseprimary activityis notrepresented byone of thesourcecategories listedin Paragraph (3)of SubsectionKK ofExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsbecomes operational andbegins to emit aparticular pollutant; anyreplacement unit thatrequires shakedownbecomes operational onlyafter a reasonableshakedown period, not toexceed 180 days.(8) Paragraph (2) ofSubsection B of20.11.61.7 NMAC shallnot apply for determiningcreditable increases anddecreases.20.11.61.7NMAC and thatare not, bythemselves, partof a listedsource category.(4) An increase or decreasein actual emissions ofsulfur dioxide,particulate matter, oroxides of nitrogen thatoccurs before theapplicable minor sourcebaseline date iscreditable only if it isrequired to be consideredin calculating the amountof maximum allowableincreases remainingavailable.(5) An increase in actualemissions is creditableonly to the extent that thenew level of actualemissions exceeds theold level.(6) A decrease in actualemissions is creditableonly to the extent that:(a) the old level ofactual emissionsor the old levelof allowableemissions,whichever islower, exceedsExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsthe new level ofactualemissions;(b) it is enforceableas a practicalmatter at andafter the timethat actualconstruction onthe particularchange begins;and(c) it hasapproximatelythe samequalitativesignificance forpublic healthand welfare asthat attributed tothe increasefrom theparticularchange; and(7) an increase that resultsfrom a physical change ata source occurs when theemissions unit on whichconstruction occurredbecomes operational andbegins to emit aparticular pollutant; anyreplacement unit thatrequires shakedownbecomes operational onlyafter a reasonableExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsshakedown period, not toexceed 180 days.(8) Paragraph (2) ofSubsection B of20.11.61.7 NMAC shallnot apply for determiningcreditable increases anddecreases.QQ. “Nonattainment area”means anarea which has been designatedunder Section 107 of the act asnonattainment for one or more ofthe national ambient air qualitystandards by EPA.QQ. “Nonattainment area”means anarea which has been designatedunder Section 107 of the act asnonattainment for one or more ofthe [national ambient air qualitystandards] NAAQS by EPA.No Change Acronym was added.Non-substantivechanges; approvable.RR. “Portable stationary source”means a source which can berelocated to another operating sitewith limited dismantling andreassembly.No Change No Change No change to theexisting SIP-approvedlanguage.SS. “Potential to emit”means themaximum capacity of a stationarysource to emit a pollutant underits physical and operationaldesign. Any physical oroperational limitation on thecapacity of the source to emit apollutant, including air pollutantcontrol equipment and restrictionson hours of operation or on thetype or amount of materialcombusted, stored, or processed,shall be treated as part of itsdesign if the limitations or theeffect the limitation would haveon emissions is federallyenforceable. Secondary emissionsNo Change No Change No change to theexisting SIP-approvedlanguage.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsdo not count in determining thepotential to emit of a stationarysource.TT. “Predictive emissionsmonitoring system (PEMS)”means all of the equipmentnecessary to monitor process andcontrol device operationalparameters (for example, controldevice secondary voltages andelectric currents) and otherinformation (for example, gasflow rate, O2 or CO2concentrations), and calculate andrecord the mass emissions rate(for example, lb/hr) on acontinuous basis.No Change No Change No change to theexisting SIP-approvedlanguage.UU. “Project”means a physicalchange in, or change in method ofoperation of, an existing majorstationary source.No Change No Change No change to theexisting SIP-approvedlanguage.VV. “Projected actual emissions”(1) Means the maximumannual rate, in tons peryear, at which an existingemissions unit isprojected to emit aregulated new sourcereview pollutant in anyone of the five years (12-month period) followingthe date the unit resumesregular operation afterthe project, or in any oneof the 10 years followingthat date, if the projectVV. “Projected actual emissions”(1) Means the maximumannual rate, in tons peryear, at which an existingemissions unit isprojected to emit aregulated [new sourcereview] NSR pollutant inany one of the five years(12-month period)following the date theunit resumes regularoperation after theproject, or in any one ofthe 10 years followingNo Change Acronyms were addedand word order wasrevised withoutchange to theprovisionmeaning/requirements.Non-substantivechanges; approvable.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsinvolves increasing theemissions unit's designcapacity or its potentialto emit that regulatednew source reviewpollutant, and fullutilization of the unitwould result in asignificant emissionsincrease, or a significantnet emissions increase atthe major stationarysource.(2) In determining theprojected actualemissions (beforebeginning actualconstruction), the owneror operator of the majorstationary source:(a) shall considerall relevantinformation,including butnot limited to,historicaloperational data,the company'sownrepresentations,the company'sexpectedbusiness activityand thecompany'shighestthat date, if the projectinvolves increasing theemissions unit's designcapacity or its potentialto emit that regulated[new source review]NSR pollutant, and fullutilization of the unitwould result in asignificant emissionsincrease, or a significantnet emissions increase atthe major stationarysource.(2) In determining theprojected actualemissions (beforebeginning actualconstruction), the owneror operator of the majorstationary source:(a) shall considerall relevantinformation,including butnot limited to,historicaloperational data,the company'sownrepresentations,the company'sexpectedbusiness activityand thecompany'sExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsprojections ofbusinessactivity, thecompany'sfilings with thestate or federalregulatoryauthorities, andcomplianceplans under anapproved SIP;and(b) shall includefugitiveemissions to theextentquantifiable andemissionsassociated withstartups,shutdowns, andmalfunctions;and(c) shall exclude, incalculating anyincrease inemissions thatresults from theparticularproject, thatportion of theunit's emissionsfollowing theproject that anexisting unitcould havehighestprojections ofbusinessactivity, thecompany'sfilings with thestate or federalregulatoryauthorities, andcomplianceplans under anapproved SIP;and(b) shall includefugitiveemissions to theextentquantifiable andemissionsassociated withstartups,shutdowns, andmalfunctions;and(c) shall exclude, incalculating anyincrease inemissions thatresults from theparticularproject, thatportion of theunit's emissionsfollowing theproject that anexisting unitExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsaccommodatedduring theconsecutive 24-month periodused to establishthe baselineactual emissionsunderSubsection I of20.11.61.7NMAC and thatare alsounrelated to theparticularproject,including anyincreasedutilization dueto productdemand growth;or(3) may elect to use theemissions unit's potentialto emit in tons per yearin lieu of using themethod set out inSubparagraphs (a)-(c) ofParagraph (2) ofSubsection VV of20.11.61.7 NMAC.could haveaccommodatedduring theconsecutive 24-month periodused to establishthe baselineactual emissionsunderSubsection I of20.11.61.7NMAC and thatare alsounrelated to theparticularproject,including anyincreasedutilization dueto productdemand growth;or(3) [may elect to use theemissions unit's potentialto emit in tons per year]in lieu of using themethod set out inSubparagraphs (a)-(c) ofParagraph (2) ofSubsection VV of20.11.61.7 NMAC, mayelect to use the emissionunit’s potential to emit intons per year.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsWW. “Regulated new source reviewpollutant”means the following:(1) any pollutant for which anational ambient airquality standard has beenpromulgated and anypollutant identified underParagraph (1) ofSubsection WW of20.11.61.7 NMAC as aconstituent or precursorto such pollutant;precursors identified bythe administrator forpurposes of new sourcereview are the following:(a) volatile organiccompounds andnitrogen oxidesare precursors toozone in allattainment andunclassifiableareas;(b) sulfur dioxide isa precursor toPM2.5 in allattainment andunclassifiableareas;(c) nitrogen oxidesare presumed tobe precursors toPM2.5 in allattainment andunclassifiableWW. “Regulated new source reviewpollutant”or “regulated NSRpollutant”means the following:(1) any pollutant for which a[national ambient airquality standard]NAAQS has beenpromulgated; [and] thisincludes, but is notlimited to the following:(a) PM2.5emissions andPM10 emissionsshall includegaseousemissions froma source oractivity whichcondense toform particulatematter atambienttemperatures;on or afterJanuary 1, 2011,suchcondensableparticulatematter shall beaccounted for inapplicabilitydeterminationsand inestablishingemissionslimitations forNo Change Revisions made toreflect regulatoryrevisions promulgatedby EPA on October20, 2010. Revisionsare consistent with thedefinition of“regulated NSRpollutant” found in51.166(b)(49).Revisions areapprovable.EPA notes that thecurrent, SIP-approveddefinition of thecondensableslanguage at20.11.61.7(WW)(6)NMAC is morestringent than thefederal definition at 40CFR51.166(b)(49)(vi).EPA finalizedrevisions to thecondensableslanguage on October25, 2012, thatremoved aninadvertent inclusionof particulate matterin the determination ofthe condensable PMfraction.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsareas, unless thestatedemonstrates totheadministrator’ssatisfaction orEPAdemonstratesthat emissionsof nitrogenoxides fromsources in aspecific area arenot a significantcontributor tothat area’sambient PM 2.5concentrations;(d) volatile organiccompounds arepresumed not tobe precursors toPM2.5 in anyattainment orunclassifiablearea, unless thestatedemonstrates totheadministrator’ssatisfaction orEPAdemonstratesthat emissionsof volatileorganicPM2.5 andPM10 in PSDpermits;compliance withemissionslimitations forPM2.5 andPM10 issuedprior to this dateshall not bebased oncondensableparticulatematter unlessrequired by theterms andconditions ofthe permit or theapplicableimplementationplan;applicabilitydeterminationsmade prior tothis date withoutaccounting forcondensableparticulatematter shall notbe considered inviolation of 40CFR 51.166unless theapplicableimplementationplan requiredExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementscompoundsfrom sources ina specific areaare a significantcontributor tothat area’sambient PM2.5concentrations;(2) any pollutant that issubject to any standardpromulgated underSection 111 of the act;(3) any class I or IIsubstance subject to astandard promulgatedunder or established byTitle VI of the act;(4) any pollutant thatotherwise is “subject toregulation” under the actas defined in SubsectionCCC of 20.11.61.7NMAC;(5) notwithstandingParagraphs (1) through(4) of Subsection WW of20.11.61.7 NMAC, theterm “regulated NSRpollutant” shall notinclude any or allhazardous air pollutantseither listed in Section112 of the act, or addedto the list pursuant toSection 112(b)(2) of theact, and which have notcondensableparticulatematter to beincluded;(b) any pollutantidentified underSubparagraph(b) of Paragraph(1) ofSubsection WWof 20.11.61.7NMAC as aconstituent orprecursor to[such] apollutant forwhich aNAAQS hasbeenpromulgated;precursorsidentified by theadministratorfor purposes of[new sourcereview] NSRare thefollowing:[(a)] (i) volatileorganiccompoundsandnitrogenoxidesExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsbeen delisted pursuant toSection 112(b)(3) of theact, unless the listedhazardous air pollutant isalso regulated as aconstituent or precursorof a general pollutantlisted under Section 108of the act;(6) particulate matter (PM)emissions, PM2.5emissions, and PM10emissions shall includegaseous emissions from asource or activity whichcondense to formparticulate matter atambient temperatures; onor after January 1, 2011(or any earlier dateestablished in theupcoming rulemakingcodifying test methods),such condensableparticulate matter shallbe accounted for inapplicabilitydeterminations and inestablishing emissionslimitations for PM,PM2.5 and PM10 in PSDpermits; compliance withemissions limitations forPM, PM2.5 and PM10issued prior to this dateshall not be based onareprecursors toozonein allattainment andunclassifiableareas;[(b)] (ii) sulfurdioxideis aprecursor toPM2.5in allattainment andunclassifiableareas;[(c)](iii)nitrogenoxidesarepresumed tobeprecursors toPM2.5in allattainment andExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementscondensable particulatematter unless required bythe terms and conditionsof the permit or theapplicableimplementation plan;applicabilitydetermination made priorto this date withoutaccounting forcondensable particulatematter shall not beconsidered in violation of20.11.61 NMAC unlessthe applicableimplementation planrequired condensableparticulate matter to beincluded.unclassifiableareas,unlessthestatedemonstratesto theadministrator’ssatisfaction orEPAdemonstratesthatemissions ofnitrogenoxidesfromsourcesin aspecific areaare notasignificantcontributor tothatarea’sExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsambient PM2.5concentrations;[(d)] (iv)volatileorganiccompoundsarepresumed notto beprecursors toPM2.5in anyattainment orunclassifiablearea,unlessthestatedemonstratesto theadministrator’ssatisfaction orEPAdemonExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsstratesthatemissions ofvolatileorganiccompoundsfromsourcesin aspecific areaare asignificantcontributor tothatarea’sambientPM2.5concentrations;(2) any pollutant that issubject to any standardpromulgated underSection 111 of the act;(3) any class I or IIsubstance subject to astandard promulgatedunder or established byTitle VI of the act;Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirements(4) any pollutant thatotherwise is “subject toregulation” under the actas defined in SubsectionCCC of 20.11.61.7NMAC;(5) notwithstandingParagraphs (1) through(4) of Subsection WW of20.11.61.7 NMAC, theterm “regulated NSRpollutant” shall notinclude any or allhazardous air pollutantseither listed in Section112 of the act, or addedto the list pursuant toSection 112(b)(2) of theact, and which have notbeen delisted pursuant toSection 112(b)(3) of theact, unless the listedhazardous air pollutant isalso regulated as aconstituent or precursorof a general pollutantlisted under Section 108of the act;(6) particulate matter (PM)emissions, PM2.5emissions, and PM10emissions shall includegaseous emissions from asource or activity whichcondense to formparticulate matter atExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsambient temperatures; onor after January 1, 2011(or any earlier dateestablished in theupcoming rulemakingcodifying test methods),such condensableparticulate matter shallbe accounted for inapplicabilitydeterminations and inestablishing emissionslimitations for PM,PM2.5 and PM10 in PSDpermits; compliance withemissions limitations forPM, PM2.5 and PM10issued prior to this dateshall not be based oncondensable particulatematter unless required bythe terms and conditionsof the permit or theapplicableimplementation plan;applicabilitydetermination made priorto this date withoutaccounting forcondensable particulatematter shall not beconsidered in violation of20.11.61 NMAC unlessthe applicableimplementation planrequired condensableExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsparticulate matter to beincluded.XX. “Replacement unit”means anemission unit for which all of thefollowing criteria are met. Nocreditable emission reductionsshall be generated from shuttingdown the existing emissions unitthat is replaced.(1) The emissions unit is areconstructed unit withinthe meaning of 40 CFR60.15(b)(1), or theemissions unitcompletely takes theplace of an existingemissions unit.(2) The emissions unit isidentical to orfunctionally equivalent tothe replaced emissionsunit.(3) The replacement unitdoes not change the basicdesign parameter(s) ofthe process unit.(4) The replaced emissionsunit is permanentlyremoved from the majorstationary source,otherwise permanentlydisabled, or permanentlybarred from operation bya permit that isenforceable as a practicalmatter. If the replacedNo Change No Change No change to theexisting SIP-approvedlanguage.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsemissions unit is broughtback into operation, itshall constitute a newemissions unit.YY. “Secondary emissions”meansemissions which occur as a resultof the construction or operation ofa major stationary source or majormodification, but do not comefrom the major stationary sourceor major modification itself. Forthe purpose of 20.11.61 NMAC,secondary emissions must bespecific, well defined,quantifiable, and impact the samegeneral areas as the stationarysource or modification whichcauses the secondary emissions.Secondary emissions includeemissions from any offsitesupport facility which would notbe constructed or increase itsemissions except as a result of theconstruction or operation of themajor stationary source or majormodification. Secondaryemissions do not include anyemissions which come directlyfrom a mobile source, such asemissions from the tailpipe of amotor vehicle, from a train, orfrom a vessel.YY. “Secondary emissions”meansemissions which occur as a resultof the construction or operation ofa major stationary source or majormodification, but do not comefrom the major stationary sourceor major modification itself. Forthe purpose of [20.11.61 NMAC]40 CFR 51.166, secondaryemissions must be specific, welldefined, quantifiable, and impactthe same general areas as thestationary source or modificationwhich causes the secondaryemissions. Secondary emissionsinclude emissions from any offsitesupport facility which would notbe constructed or increase itsemissions except as a result of theconstruction or operation of themajor stationary source or majormodification. Secondaryemissions do not include anyemissions which come directlyfrom a mobile source, such asemissions from the tailpipe of amotor vehicle, from a train, orfrom a vessel.No Change Definition was revisedto reference aprovision in thefederal rules instead ofthe state equivalent.Non-substantivechanges; approvable.ZZ. “Significant”means:(1) in reference to a netemissions increase or thepotential of a source toZZ. “Significant”means:(1) in reference to a netemissions increase or thepotential of a source toNo Change Acronym was added.Non-substantivechanges; approvable.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsemit any of the pollutantslisted in Table 2 of20.11.61.27 NMAC, arate of emissions thatwould equal or exceedany of the correspondingemission rates listed inTable 2 of 20.11.61.27NMAC;(2) in reference to a netemissions increase or thepotential of a source toemit a regulated newsource review pollutantthat Paragraph (1) ofSubsection ZZ of20.11.61.7 NMAC, doesnot list, any emissionsrate; and(3) notwithstandingParagraph (1) ofSubsection ZZ of20.11.61.7 NMAC, anyemissions rate or any netemissions increaseassociated with a majorstationary source ormajor modification,which would constructwithin 10 kilometers of aclass I area, and have animpact on such areaequal to or greater than 1μg/m3 (24-houraverage).emit any of the pollutantslisted in Table 2 of20.11.61.27 NMAC, arate of emissions thatwould equal or exceedany of the correspondingemission rates listed inTable 2 of 20.11.61.27NMAC;(2) in reference to a netemissions increase or thepotential of a source toemit a regulated [newsource review] NSRpollutant that Paragraph(1) of Subsection ZZ of20.11.61.7 NMAC, doesnot list, any emissionsrate; and(3) notwithstandingParagraph (1) ofSubsection ZZ of20.11.61.7 NMAC, anyemissions rate or any netemissions increaseassociated with a majorstationary source ormajor modification,which would constructwithin 10 kilometers of aclass I area, and have animpact on such areaequal to or greater than 1μg/m3 (24-houraverage).Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsAAA. “Significant emissions increase”means, for a regulated new sourcereview pollutant, an increase inemissions that is significant forthat pollutant.AAA. “Significant emissions increase”means, for a regulated [newsource review] NSR pollutant, anincrease in emissions that issignificant for that pollutant.No Change Acronym was added.Non-substantivechanges; approvable.BBB. “Stationary source”means anybuilding, structure, facility, orinstallation which emits, or mayemit, any regulated new sourcereview pollutant.BBB. “Stationary source”means anybuilding, structure, facility, orinstallation which emits, or mayemit, any regulated [new sourcereview] NSR pollutant.No Change Acronym was added.Non-substantivechanges; approvable.CCC. “Subject to regulation”means,for any air pollutant, that thepollutant is subject to either aprovision in the Clean Air Act, ora nationally-applicable regulationcodified by the administrator inSubchapter C of Chapter I of Title40 of the CFR, that requires actualcontrol of the quantity ofemissions of that pollutant, andthat such a control requirementhas taken effect and is operativeto control, limit or restrict thequantity of emissions of thatpollutant released from theregulated activity. Except that:(1)Greenhouse gases(GHGs)shall not besubject to regulationexcept as provided inParagraphs (4) and (5) ofSubsection CCC of20.11.61.7 NMAC.(2) For purposes ofParagraphs (3) through(5) of Subsection CCC ofCCC. “Subject to regulation”means,for any air pollutant, that thepollutant is subject to either aprovision in the Clean Air Act, ora nationally-applicable regulationcodified by the administrator inSubchapter C of Chapter I of Title40 of the CFR, that requires actualcontrol of the quantity ofemissions of that pollutant, andthat such a control requirementhas taken effect and is operativeto control, limit or restrict thequantity of emissions of thatpollutant released from theregulated activity. Except that:(1) Greenhouse gases(GHGs)shall not besubject to regulationexcept as provided inParagraphs (4) and (5) ofSubsection CCC of20.11.61.7 NMAC andshall not be subject toregulation if thestationary sourceCCC. “Subject to regulation”means,for any air pollutant, that thepollutant is subject to either aprovision in the Clean Air Act, ora nationally-applicable regulationcodified by the administrator inSubchapter C of Chapter I of Title40 of the CFR, that requires actualcontrol of the quantity ofemissions of that pollutant, andthat such a control requirementhas taken effect and is operativeto control, limit or restrict thequantity of emissions of thatpollutant released from theregulated activity. Except that:(1) Greenhouse gases(GHGs)shall not besubject to regulationexcept as provided inParagraphs (4) and (5) ofSubsection CCC of20.11.61.7 NMAC andshall not be subject toregulation if thestationary source2013 revisions madeto reflect regulatoryrevisions related toGHGs promulgated byEPA on July 20, 2011,and July 3, 2012. 2015proposed revisionsreflect the 2013vacature of thebiomass deferral.Combined revisionsare consistent with51.166(b)(48) and52.21(49).Revisions areapprovable.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirements20.11.61.7 NMAC, theterm “tpy CO2equivalent emissions(CO2e)” shall representan amount of GHGsemitted, and shall becomputed as follows:(a) multiplying themass amount ofemissions (tpy),for each of thesix greenhousegases in thepollutant GHGs,by the gas’sassociatedglobal warmingpotentialpublished atTable A–1 tosubpart A ofPart 98 ofChapter I ofTitle 40 of theCFR —GlobalWarmingPotentials;(b) sum theresultant valuefromSubparagraph(a) of Paragraph(2) ofSubsection CCCof 20.11.61.7NMAC for eachmaintains its totalsource-wide emissionsbelow the GHG PALlevel meets therequirements in20.11.61.20 NMAC andcomplies with the PALpermit containing theGHG PAL.(2) For purposes ofParagraphs (3) through(5) of Subsection CCC of20.11.61.7 NMAC, theterm “tpy CO2equivalent emissions(CO2e)” shall representan amount of GHGsemitted, and shall becomputed as follows:(a) multiplying themass amount ofemissions (tpy),for each of thesix greenhousegases in thepollutant GHGs,by the gas’sassociatedglobal warmingpotentialpublished atTable A–1 tosubpart A ofPart 98 ofChapter I ofTitle 40 of themaintains its totalsource-wide emissionsbelow the GHG PALlevel meets therequirements in20.11.61.20 NMAC andcomplies with the PALpermit containing theGHG PAL.(2) For purposes ofParagraphs (3) through(5) of Subsection CCC of20.11.61.7 NMAC, theterm “tpy CO2equivalent emissions(CO2e)” shall representan amount of GHGsemitted, and shall becomputed as follows:(a) multiplying themass amount ofemissions (tpy),for each of thesix greenhousegases in thepollutant GHGs,by the gas’sassociatedglobal warmingpotentialpublished atTable A–1 tosubpart A ofPart 98 ofChapter I ofTitle 40 of theExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsgas to computea tpy CO2e.(3) The term “emissionsincrease” as used inParagraphs (4) and (5) ofSubsection CCC of20.11.61.7 NMAC, shallmean that both asignificant emissionsincrease (as calculatedusing the procedures inSubsection D of20.11.61.11 NMAC) anda significant netemissions increase (asdefined in Subsection PPof 20.11.61.7 NMACand Subsection ZZ of20.11.61.7 NMAC)occur. For the pollutantGHGs, an emissionsincrease shall be basedon tpy CO2e, and shallbe calculated assumingthe pollutant GHGs is aregulated NSR pollutant,and ‘‘significant’’ isdefined as 75,000 tpyCO2e instead of applyingthe value in Table 2 of20.11.61.27 NMAC.(4) Beginning January 2,2011, the pollutantGHGs is subject toregulation if:CFR —GlobalWarmingPotentials; forpurposes ofParagraph (2) ofSubsection CCCof 20.11.61.7NMAC, prior toJuly 21, 2014,the mass of thegreenhouse gascarbon dioxideshall not includecarbon dioxideemissionsresulting fromthe combustionordecompositionof nonfossilized andbiodegradableorganic materialoriginating fromplants, animals,or microorganisms(includingproducts, byproducts,residues andwaste fromagriculture,forestry andrelatedindustries asCFR —GlobalWarmingPotentials; [forpurposes ofParagraph (2) ofSubsection CCCof 20.11.61.7NMAC, prior toJuly 21, 2014,the mass of thegreenhouse gascarbon dioxideshall not includecarbon dioxideemissionsresulting fromthe combustionordecompositionof nonfossilized andbiodegradableorganic materialoriginating fromplants, animals,or microorganisms(includingproducts, byproducts,residues andwaste fromagriculture,forestry andrelatedindustries asExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirements(a) the stationarysource is a newmajor stationarysource for aregulated NSRpollutant that isnot GHGs, andalso will emit orwill have thepotential to emit75,000 tpyCO2e or more;or(b) the stationarysource is anexisting majorstationarysource for aregulated NSRpollutant that isnot GHGs, andalso will havean emissionsincrease of aregulated NSRpollutant, andan emissionsincrease of75,000 tpyCO2e or more;and,(5) beginning July 1, 2011,in addition to theprovisions in Paragraph(4) of Subsection CCC of20.11.61.7 NMAC, thewell as the nonfossilized andbiodegradableorganicfractions ofindustrial andmunicipalwastes,including gasesand liquidsrecovered fromthedecompositionof nonfossilized andbiodegradableorganicmaterial);(b) sum theresultant valuefromSubparagraph(a) of Paragraph(2) ofSubsection CCCof 20.11.61.7NMAC for eachgas to computea tpy CO2e.(3) The term “emissionsincrease” as used inParagraphs (4) and (5) ofSubsection CCC of20.11.61.7 NMAC, shallmean that both asignificant emissionswell as the nonfossilized andbiodegradableorganicfractions ofindustrial andmunicipalwastes,including gasesand liquidsrecovered fromthedecompositionof nonfossilized andbiodegradableorganicmaterial);](b) sum theresultant valuefromSubparagraph(a) of Paragraph(2) ofSubsection CCCof 20.11.61.7NMAC for eachgas to computea tpy CO2e.(3) The term “emissionsincrease” as used inParagraphs (4) and (5) ofSubsection CCC of20.11.61.7 NMAC, shallmean that both asignificant emissionsExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementspollutant GHGs shallalso be subject toregulation:(a) at a newstationarysource that willemit or have thepotential to emit100,000 tpyCO2e; or(b) at an existingstationarysource thatemits or has thepotential to emit100,000 tpyCO2e, whensuch stationarysourceundertakes aphysical changeor change in themethod ofoperation thatwill result in anemissionsincrease of75,000 tpyCO2e or more.increase (as calculatedusing the procedures inSubsection D of20.11.61.11 NMAC) anda significant netemissions increase (asdefined in Subsection PPof 20.11.61.7 NMACand Subsection ZZ of20.11.61.7 NMAC)occur. For the pollutantGHGs, an emissionsincrease shall be basedon tpy CO2e, and shallbe calculated assumingthe pollutant GHGs is aregulated NSR pollutant,and ‘‘significant’’ isdefined as 75,000 tpyCO2e instead of applyingthe value in Table 2 of20.11.61.27 NMAC.(4) Beginning January 2,2011, the pollutantGHGs is subject toregulation if:(a) the stationarysource is a newmajor stationarysource for aregulated NSRpollutant that isnot GHGs, andalso will emit orwill have thepotential to emitincrease (as calculatedusing the procedures inSubsection D of20.11.61.11 NMAC) anda significant netemissions increase (asdefined in Subsection PPof 20.11.61.7 NMAC andSubsection ZZ of20.11.61.7 NMAC)occur. For the pollutantGHGs, an emissionsincrease shall be basedon tpy CO2e, and shallbe calculated assumingthe pollutant GHGs is aregulated NSR pollutant,and ‘‘significant’’ isdefined as 75,000 tpyCO2e instead of applyingthe value in Table 2 of20.11.61.27 NMAC.(4) Beginning January 2,2011, the pollutantGHGs is subject toregulation if:(a) the stationarysource is a newmajor stationarysource for aregulated NSRpollutant that isnot GHGs, andalso will emit orwill have thepotential to emitExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirements75,000 tpyCO2e or more;or(b) the stationarysource is anexisting majorstationarysource for aregulated NSRpollutant that isnot GHGs, andalso will havean emissionsincrease of aregulated NSRpollutant, andan emissionsincrease of75,000 tpyCO2e or more;and,(5) beginning July 1, 2011,in addition to theprovisions in Paragraph(4) of Subsection CCC of20.11.61.7 NMAC, thepollutant GHGs shallalso be subject toregulation:(a) at a newstationarysource that willemit or have thepotential to emit100,000 tpyCO2e; or75,000 tpyCO2e or more;or(b) the stationarysource is anexisting majorstationarysource for aregulated NSRpollutant that isnot GHGs, andalso will havean emissionsincrease of aregulated NSRpollutant, andan emissionsincrease of75,000 tpyCO2e or more;and,(5) beginning July 1, 2011,in addition to theprovisions in Paragraph(4) of Subsection CCC of20.11.61.7 NMAC, thepollutant GHGs shallalso be subject toregulation:(a) at a newstationarysource that willemit or have thepotential to emit100,000 tpyCO2e; orExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirements(b) at an existingstationarysource thatemits or has thepotential to emit100,000 tpyCO2e, whensuch stationarysourceundertakes aphysical changeor change in themethod ofoperation thatwill result in anemissionsincrease of75,000 tpyCO2e or more.(b) at an existingstationarysource thatemits or has thepotential to emit100,000 tpyCO2e, whensuch stationarysourceundertakes aphysical changeor change in themethod ofoperation thatwill result in anemissionsincrease of75,000 tpyCO2e or more.DDD. “Temporary source”means astationary source which changesits location or ceases to existwithin two years from the date ofinitial start of operations.No Change No Change No change to theexisting SIP-approvedlanguage.EEE. “Visibility impairment”meansany humanly perceptible changein visibility (visual range,contrast, coloration) from thatwhich would have existed undernatural conditions.No Change No Change No change to theexisting SIP-approvedlanguage.FFF. “Volatile organic compound(VOC)”means any compound ofcarbon, excluding carbonmonoxide, carbon dioxide,carbonic acid, metallic carbides orNo Change No Change No change to theexisting SIP-approvedlanguage.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementscarbonates, and ammoniumcarbonate, which participates inatmospheric photochemicalreactions; this includes any suchorganic compound other thanthose which the administratordesignates as having negligiblephotochemical reactivity under 40CFR 51.100(s).Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements20.11.61.10 DOCUMENTS:No Change No change to the existing SIP-approved language.Documents incorporated and cited in 20.11.61NMAC may be viewed at the Albuquerqueenvironmental health department, One Civic PlazaNW, 3rd Floor, Room 3023, Albuquerque, NM87102.Documents incorporated and cited in 20.11.61NMAC may be viewed at the Albuquerqueenvironmental health department, One Civic PlazaNW, 3rd Floor, [Room] Suite 3023, Albuquerque,NM 87102.Provisions revised to provide an updated address.Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirements20.11.61.11 APPLICABILITY:No Change No Change No change to theexisting SIP-approvedlanguage.A.The requirements of 20.11.61NMAC apply to the constructionof any new major stationarysource or any project at anexisting major stationary source inNo Change No Change No change to theexisting SIP-approvedlanguage.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsan area designated as attainmentor unclassifiable.B.The requirementsof Sections20.11.61.12 NMAC through20.11.61.18 NMAC, 20.11.61.21NMAC and 20.11.61.24 NMACapply to the construction of anynew major stationary source or themajor modification of anyexisting major stationary source,except as 20.11.61 NMACotherwise provides.B.The requirementsof Sections20.11.61.12 NMAC [through] and20.11.61.13 NMAC, SubsectionsA through C of 20.11.61.14NMAC, Paragraph (1) ofSubsection B of 20.11.61.15NMAC, Subsections A and B of20.11.61.16 NMAC, 20.11.61.17NMAC, Subsections A through Cof 20.11.61.18 NMAC,Subsections B and C of20.11.61.21 NMAC and20.11.61.24 NMAC apply to theconstruction of any new majorstationary source or the majormodification of any existingmajor stationary source, except as20.11.61 NMAC otherwiseprovides.B. [The requirements of Sections20.11.61.12 NMAC and20.11.61.13 NMAC, Subsections Athrough C of 20.11.61.14 NMAC,Paragraph (1) of Subsection B of20.11.61.15 NMAC, Subsections Aand B of 20.11.61.16 NMAC,20.11.61.17 NMAC, Subsections Athrough C of 20.11.61.18 NMAC,Subsections B and C of20.11.61.21 NMAC and20.11.61.24 NMAC apply to theconstruction of any new majorstationary source or the majormodification of any existing majorstationary source, except as20.11.61 NMAC otherwiseprovides.] The requirements ofSections 20.11.61.12 NMACthrough 20.11.61.18 NMAC,20.11.61.21 NMAC and20.11.61.24 NMAC apply to theconstruction of any new majorstationary source or the majormodification of any existing majorstationary source, except as20.11.61 NMAC otherwiseprovides.The combinedrevisions from the2013 and 2015submittals result in thesame applicabilityrequirements that arecontained in thecurrent New MexicoSIP.The combinedrevisions areapprovable.C.No new major stationary source ormajor modification to which therequirements of Subsections A, B,C and D of 20.11.61.12 NMAC,Sections 20.11.61.13 NMACthrough 20.11.61.18 NMAC,C.No new major stationary source ormajor modification to which therequirements of Subsections A, B,C and D of 20.11.61.12 NMAC,[Sections] Section 20.11.61.13NMAC [through], Subsections AC. [No new major stationary source ormajor modification to which therequirements of Subsections A, B,C and D of 20.11.61.12 NMAC,Section 20.11.61.13 NMAC ,Subsections A through C ofThe combinedrevisions from the2013 and 2015submittals result in thesame applicabilityrequirements that areExisting State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirements20.11.61.21 NMAC and20.11.61.24 NMAC apply shallbegin actual construction withouta permit that states that the majorstationary source or majormodification will meet thoserequirements.through C of 20.11.61.14 NMAC,Paragraph (1) of Subsection B of20.11.61.15 NMAC, SubsectionsA and B of 20.11.61.16 NMAC,20.11.61.17 NMAC, SubsectionsA and C of 20.11.61.18 NMAC,Subsections B and C of20.11.61.21 NMAC and20.11.61.24 NMAC apply shallbegin actual construction withouta permit that states that the majorstationary source or majormodification will meet thoserequirements.20.11.61.14 NMAC, Paragraph (1)of Subsection B of 20.11.61.15NMAC, Subsections A and B of20.11.61.16 NMAC, 20.11.61.17NMAC, Subsections A and C of20.11.61.18 NMAC, Subsections Band C of 20.11.61.21 NMAC and20.11.61.24 NMAC apply shallbegin actual construction without apermit that states that the majorstationary source or majormodification will meet thoserequirements.] No new majorstationary source or majormodification to which therequirements of Subsections A, B,C and D of 20.11.61.12 NMAC,Sections 20.11.61.13 NMACthrough 20.11.61.18 NMAC,20.11.61.21 NMAC and20.11.61.24 NMAC apply shallbegin actual construction without apermit that states that the majorstationary source or majormodification will meet thoserequirements.contained in thecurrent New MexicoSIP.The combinedrevisions areapprovable.D. Applicability procedures.(1) Except as otherwiseprovided in Subsection Eof 20.11.61.11 NMAC,and consistent with thedefinition of majormodification, a project isa major modification fora regulated new sourcereview pollutant if itD. Applicability procedures.(1) Except as otherwiseprovided in Subsection Eof 20.11.61.11 NMAC,and consistent with thedefinition of majormodification, a project isa major modification fora regulated [new sourcereview] NSR pollutant ifNo Change Acronym was added.Non-substantivechanges; approvable.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementscauses a significantemissions increase and asignificant net emissionsincrease. The project isnot a major modificationif it does not cause asignificant emissionsincrease. If the projectcauses a significantemissions increase, thenthe project is a majormodification only if italso results in asignificant net emissionsincrease.it causes a significantemissions increase and asignificant net emissionsincrease. The project isnot a major modificationif it does not cause asignificant emissionsincrease. If the projectcauses a significantemissions increase, thenthe project is a majormodification only if italso results in asignificant net emissionsincrease.(2) The procedure forcalculating (beforebeginning actualconstruction) whether asignificant emissionsincrease (i.e., the firststep of the process) willoccur depends upon thetype of emissions unitsbeing modified,according to Paragraphs(3) through (4) ofSubsection D of20.11.61.11 NMAC. Theprocedure for calculating(before beginning actualconstruction) whether asignificant net emissionsincrease will occur at themajor stationary source(i.e., the second step of(2) The procedure forcalculating (beforebeginning actualconstruction) whether asignificant emissionsincrease (i.e., the firststep of the process) willoccur depends upon thetype of emissions unitsbeing modified,according to Paragraphs(3) through [(4)] (5) ofSubsection D of20.11.61.11 NMAC. Theprocedure for calculating(before beginning actualconstruction) whether asignificant net emissionsincrease will occur at themajor stationary source(i.e., the second step ofNo Change References to othersections in Part 61revised.Non-substantivechanges; approvable.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsthe process) is containedin the definition inSubsection PP of20.11.61.7 NMAC.Regardless of any suchpreconstructionprojections, a majormodification results ifthe project causes asignificant emissionsincrease and a significantnet emissions increase.the process) is containedin the definition inSubsection PP of20.11.61.7 NMAC.Regardless of any suchpreconstructionprojections, a majormodification results ifthe project causes asignificant emissionsincrease and a significantnet emissions increase.(3)Actual-to-projectedactual applicability testfor projects that onlyinvolve existingemissions units.Asignificant emissionsincrease of a regulatednew source reviewpollutant is projected tooccur if the sum of thedifference between theprojected actualemissions and thebaseline actual emissionsfor each existingemissions unit equals orexceeds the significantamount for that pollutant.(3)Actual-to-projectedactual applicability testfor projects that onlyinvolve existingemissions units.Asignificant emissionsincrease of a regulated[new source review]NSR pollutant isprojected to occur if thesum of the differencebetween the projectedactual emissions and thebaseline actual emissionsfor each existingemissions unit equals orexceeds the significantamount for that pollutant.No Change Acronym was added.Non-substantivechanges; approvable.(4)Actual-to-potential testfor projects that onlyinvolve construction ofa new emissions unit(s).A significant emissionsincrease of a regulated(4)Actual-to-potential testfor projects that onlyinvolve construction ofa new emissions unit(s).A significant emissionsincrease of a regulatedNo Change Acronym was added.Non-substantivechanges; approvable.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementsnew source reviewpollutant is projected tooccur if the sum of thedifference between thepotential to emit fromeach new emissions unitfollowing completion ofthe project and thebaseline actual emissionsof these units before theproject equals or exceedsthe significant amountfor that pollutant.[new source review]NSR pollutant isprojected to occur if thesum of the differencebetween the potential toemit from each newemissions unit followingcompletion of the projectand the baseline actualemissions of these unitsbefore the project equalsor exceeds the significantamount for that pollutant.(5)Hybrid test for projectsthat involve multipletypes of emissions units.A significant emissionsincrease of a regulatednew source reviewpollutant is projected tooccur if the sum of theemissions increases foreach emissions unit,using the methodspecified in Paragraphs(3) and (4) of SubsectionD of 20.11.61.11 NMACas applicable withrespect to each emissionsunit, for each type ofemissions unit equals orexceeds the significantamount for that pollutant.(5)Hybrid test for projectsthat involve multipletypes of emissions units.A significant emissionsincrease of a regulated[new source review]NSR pollutant isprojected to occur if thesum of the emissionsincreases for eachemissions unit, using themethod specified inParagraphs (3) and (4) ofSubsection D of20.11.61.11 NMAC asapplicable with respect toeach emissions unit, foreach type of emissionsunit equals or exceedsthe significant amountfor that pollutant.No Change Acronym was added.Non-substantivechanges; approvable.E.For any major stationary sourcefor a PAL for a regulated newE.For any major stationary sourcefor a PAL for a regulated [newNo Change Acronym was added.Existing State Implementation PlanApproved by EPA on September 19,201277 FR 58032Revisions to 20.2.61 NMAC SubmittedJuly 26, 2013Adopted on April 10, 2013, EffectiveMay 13, 2013Revisions to 20.2.61 NMAC Submittedas a Parallel Processing Request onMarch 4, 2015Analysis andEvaluation AgainstApplicable FederalRequirementssource review pollutant, the majorstationary source shall complywith requirements under20.11.61.20 NMAC.source review] NSR pollutant, themajor stationary source shallcomply with requirements under20.11.61.20 NMAC.Non-substantivechanges; approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements20.11.61.12 OBLIGATIONS OF OWNERS OROPERATORS OF SOURCES:No Change No change to the existing SIP-approved language.A.Any owner or operator who begins actualconstruction or operates a source ormodification without, or not in accordancewith, a permit issued under therequirements of 20.11.61 NMAC shall besubject to enforcement action.No Change No change to the existing SIP-approved language.B.Approval to construct shall not relieve anyperson from the responsibility to complyfully with the provisions of the AirQuality Control Act, Sections 74-2-1 to74-2-17, NMSA 1978; any applicableregulations of the board; and any otherrequirements under local, state, or federallaw.No Change No change to the existing SIP-approved language.C.Approval to construct shall becomeinvalid if construction is not commencedwithin 18 months after receipt of suchapproval, if construction is discontinuedfor a period of 18 months or more, or ifconstruction is not completed within areasonable time; the administrator mayextend the 18-month period upon asatisfactory showing that an extension isNo Change No change to the existing SIP-approved language.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsjustified; this provision does not apply tothe time period between construction ofthe approved phases of a phasedconstruction project; each phase mustcommence construction within 18 monthsof the projected and approvedcommencement date.D.At such time that a particular source ormodification becomes a major stationarysource or major modification solely byvirtue of a relaxation in any enforceablelimitation which was established afterAugust 7, 1980, on the capacity of thesource or modification otherwise to emit apollutant, such as a restriction on hours ofoperation, then 20.11.61 NMAC shallapply to the source or modification asthough construction had not yetcommenced on the source or modification.No Change No change to the existing SIP-approved language.E.Except as otherwise provided inSubparagraph (b) of Paragraph (6) ofSubsection E of 20.11.61.12 NMAC thefollowing specific provisions apply withrespect to any regulated new sourcereview pollutant emitted from projects atexisting emissions units at a majorstationary source (otherthan projects at asource with a PAL) in circumstanceswhere there is a reasonable possibilitywithin the meaning of Paragraph (6) ofSubsection E of 20.11.61.12 NMAC that aproject that is not a part of a majormodification may result in a significantemissions increase of such pollutant andthe owner or operator elects to use themethod specified in Paragraphs (1)E.Except as otherwise provided in[Subparagraph (b) of] Paragraph (6) ofSubsection E of 20.11.61.12 NMAC thefollowing specific provisions apply withrespect to any regulated [new sourcereview] NSR pollutant emitted fromprojects at existing emissions units at amajor stationary source (other thanprojects at a source with a PAL) incircumstances where there is a reasonablepossibility within the meaning ofParagraph (6) of Subsection E of20.11.61.12 NMAC thata project that isnot a part of a major modification mayresult in a significant emissions increaseof such pollutant and the owner oroperator elects to use the method specifiedAcronym was added and reference was updated tomatch the federal provisions found in 40 CFR51.166(r)(6).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsthrough (3) of Subsection VV of20.11.61.7 NMAC for calculatingprojected actual emissions.in Paragraphs (1) through (3) ofSubsection VV of 20.11.61.7 NMAC forcalculating projected actual emissions.(1) Before beginning actualconstruction of the project, theowner or operator shall documentand maintain a record of thefollowing information:(a) a description of theproject;(b) identification of theemissions unit(s) whoseemissions of a regulatednew source reviewpollutant could beaffected by the project;and(c) a description of theapplicability test used todetermine that theproject is not a majormodification for anyregulated new sourcereview pollutant,including the baselineactual emissions, theprojected actualemissions, the amountof emissions excludedunder Paragraph (3) ofSubsection VV of20.11.61.7 NMAC andan explanation for whysuch amount wasexcluded, and any(1) Before beginning actualconstruction of the project, theowner or operator shall documentand maintain a record of thefollowing information:(a) a description of theproject;(b) identification of theemissions unit(s) whoseemissions of a regulated[new source review]NSR pollutant could beaffected by the project;and(c) a description of theapplicability test used todetermine that theproject is not a majormodification for anyregulated [new sourcereview] NSR pollutant,including the baselineactual emissions, theprojected actualemissions, the amountof emissions excludedunder Paragraph (3) ofSubsection VV of20.11.61.7 NMAC andan explanation for whysuch amount wasexcluded, and anyAcronyms were added.Non-substantive changes; approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsnetting calculations, ifapplicable.netting calculations, ifapplicable.(2) If the emissions unit is anexisting electric utility steamgenerating unit, before beginningactual construction, the owner oroperator shall provide a copy ofthe information set out inParagraph (1) of Subsection E of20.11.61.12 NMAC to thedepartment. Nothing inParagraph (2) of Subsection E of20.11.61.12 NMAC shall beconstrued to require the owner oroperator of such a unit to obtainany determination from thedepartment before beginningactual construction; however,necessary preconstructionapprovals and/or permits must beobtained before beginning actualconstruction.No Change No change to the existing SIP-approved language.(3) The owner or operator shallmonitor the emissions of anyregulated new source reviewpollutant that could increase as aresult of the project and that isemitted by any emissions unitidentified in Subparagraph (b) ofParagraph (1) of Subsection E of20.11.61.12 NMAC; andcalculate and maintain a recordof the annual emissions, in tonsper year on a calendar year basis,for a period of five yearsfollowing resumption of regular(3) The owner or operator shallmonitor the emissions of anyregulated [new source review]NSR pollutant that could increaseas a result of the project and thatis emitted by any emissions unitidentified in Subparagraph (b) ofParagraph (1) of Subsection E of20.11.61.12 NMAC; andcalculate and maintain a recordof the annual emissions, in tonsper year on a calendar year basis,for a period of five yearsfollowing resumption of regularAcronyms were added.Non-substantive changes; approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsoperations after the change, or fora period of 10 years followingresumption of regular operationsafter the change if the projectincreases the design capacity orpotential to emit of that regulatednew source review pollutant atsuch emissions unit. For purposesof Paragraph (3) of Subsection Eof 20.11.61.12 NMAC, fugitiveemissions (to the extentquantifiable) shall be monitoredif the emissions unit is part ofone of the source categorieslisted in Table 1 of 20.11.61.26NMAC or if the emissions unit islocated at a major stationarysource that belongs to one of thelisted source categories.operations after the change, or fora period of 10 years followingresumption of regular operationsafter the change if the projectincreases the design capacity orpotential to emit of that regulated[new source review] NSRpollutant at such emissions unit.For purposes of Paragraph (3) ofSubsection E of 20.11.61.12NMAC, fugitive emissions (tothe extent quantifiable) shall bemonitored if the emissions unit ispart of one of the sourcecategories listed in Table 1 of20.11.61.26 NMAC or if theemissions unit is located at amajor stationary source thatbelongs to one of the listedsource categories.(4) If the unit is an existing electricutility steam generating unit, theowner or operator shall submit areport to the department within60 days after the end of each yearduring which records must begenerated under Subparagraph(c) of Paragraph (1) ofSubsection E of 20.11.61.12NMAC setting out the unit'sannual emissions during thecalendar year that precededsubmission of the report.No Change No change to the existing SIP-approved language.(5) If the unit is an existing unitother than an electric utilitysteam generating unit, the owner(5) If the unit is an existing unitother than an electric utilitysteam generating unit, the ownerAcronym was added.Non-substantive changes; approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsor operator shall submit a reportto the department if the annualemissions, in tons per year, fromthe project identified inParagraph (1) of Subsection E of20.11.61.12 NMAC, exceed thebaseline actual emissions (asdocumented and maintainedpursuant to Subparagraph (c) ofParagraph (1) of Subsection E of20.11.61.12 NMAC) by asignificant amount for thatregulated new source reviewpollutant, and if such emissionsdiffer from the preconstructionprojection as documented andmaintained pursuant toSubparagraph (c) of Paragraph(1) of Subsection E of20.11.61.12 NMAC. Such reportshall be submitted to thedepartment within 60 days afterthe end of such year. The reportshall contain the following:(a) the name, address andtelephone number of themajor stationary source;(b) the annual emissions ascalculated pursuant toParagraph (3) ofSubsection E of20.11.61.12 NMAC; and(c) any other informationthat the owner oroperator wishes toinclude in the reportor operator shall submit a reportto the department if the annualemissions, in tons per year, fromthe project identified inParagraph (1) of Subsection E of20.11.61.12 NMAC, exceed thebaseline actual emissions (asdocumented and maintainedpursuant to Subparagraph (c) ofParagraph (1) of Subsection E of20.11.61.12 NMAC) by asignificant amount for thatregulated [new source review]NSR pollutant, and if suchemissions differ from thepreconstruction projection asdocumented and maintainedpursuant to Subparagraph (c) ofParagraph (1) of Subsection E of20.11.61.12 NMAC. Such reportshall be submitted to thedepartment within 60 days afterthe end of such year. The reportshall contain the following:(a) the name, address andtelephone number of themajor stationary source;(b) the annual emissions ascalculated pursuant toParagraph (3) ofSubsection E of20.11.61.12 NMAC; and(c) any other informationthat the owner oroperator wishes toinclude in the reportExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(e.g., an explanation asto why the emissionsdiffer from thepreconstructionprojection).(e.g., an explanation asto why the emissionsdiffer from thepreconstructionprojection).(6) A ‘‘reasonable possibility’’ underSubsection E of 20.11.61.12NMAC occurs when the owneror operator calculates the projectto result in either:(a) a projected actualemissions increase of atleast 50 percent of theamount that is a‘‘significant emissionsincrease,’’ as definedunder Subsection AAAof 20.11.61.7 NMAC(without reference to theamount that is asignificant net emissionsincrease), for theregulated new sourcereview pollutant; or(b) a projected actualemissions increase that,added to the amount ofemissions excludedunder Paragraph (3) ofSubsection VV of20.11.61.7 NMAC,sums to at least 50percent of the amountthat is a “significantemissions increase,” asdefined under(6) A ‘‘reasonable possibility’’ underSubsection E of 20.11.61.12NMAC occurs when the owneror operator calculates the projectto result in either:(a) a projected actualemissions increase of atleast 50 percent of theamount that is a‘‘significant emissionsincrease,’’ as definedunder Subsection AAAof 20.11.61.7 NMAC(without reference to theamount that is asignificant net emissionsincrease), for theregulated [new sourcereview] NSR pollutant;or(b) a projected actualemissions increase that,added to the amount ofemissions excludedunder Paragraph (3) ofSubsection VV of20.11.61.7 NMAC,sums to at least 50percent of the amountthat is a “significantemissions increase,” asAcronyms were added.Non-substantive changes; approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal RequirementsSubsection AAA of20.11.61.7 NMAC(without reference to theamount that is asignificant net emissionsincrease), for theregulated new sourcereview pollutant; for aproject for which areasonable possibilityoccurs only within themeaning ofSubparagraph (b) ofParagraph (6) ofSubsection E of20.11.61.12 NMAC, andnot also within themeaning ofSubparagraph (a) ofParagraph (6) ofSubsection E of20.11.61.12 NMAC,then provisions ofParagraphs (2) through(5) of Subsection E of20.11.61.12 NMAC donot apply to the project.defined underSubsection AAA of20.11.61.7 NMAC(without reference to theamount that is asignificant net emissionsincrease), for theregulated [new sourcereview] NSR pollutant;for a project for which areasonable possibilityoccurs only within themeaning ofSubparagraph (b) ofParagraph (6) ofSubsection E of20.11.61.12 NMAC, andnot also within themeaning ofSubparagraph (a) ofParagraph (6) ofSubsection E of20.11.61.12 NMAC,then provisions ofParagraphs (2) through(5) of Subsection E of20.11.61.12 NMAC donot apply to the project.F.The owner or operator of the source shallmake the information required to bedocumented and maintained pursuant toSubsection E of 20.11.61.12 NMACavailable for review upon request forinspection by the department or thegeneral public pursuant to theNo Change No change to the existing SIP-approved language.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsrequirements contained in 40 CFR70.4(b)(3)(viii).Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements20.11.61.14 CONTROL TECHNOLOGYREVIEW AND INNOVATIVE CONTROLTECHNOLOGY:No Change No change to the existing SIP-approved language.A.A new major stationary source shall applybest available control technology for eachregulated new source review pollutant thatit would have the potential to emit inamounts equal to or greater than thesignificance levels as listed in Table 2 of20.11.61.27 NMAC. This requirementapplies to each proposed emissions unit oroperation that will emit such pollutant.A.A new major stationary source shall applybest available control technology for eachregulated [new source review] NSRpollutant that it would have the potentialto emit in amounts equal to or greater thanthe significance levels as listed in Table 2of 20.11.61.27 NMAC. This requirementapplies to each proposed emissions unit oroperation that will emit such pollutant.Acronym was added.Non-substantive changes; approvable.B.A major modification shall apply bestavailable control technology for eachregulated new source review pollutant atthe source when a significant netemissions increase occurs. Thisrequirement applies to each proposedemissions unit or operation where a netemissions increase in the pollutant wouldoccur as a result of a physical change orchange in the method of operation in theunit.B.A major modification shall apply bestavailable control technology for eachregulated [new source review] NSRpollutant at the source when a significantnet emissions increase occurs. Thisrequirement applies to each proposedemissions unit or operation where a netemissions increase in the pollutant wouldoccur as a result of a physical change orchange in the method of operation in theunit.Acronym was added.Non-substantive changes; approvable.C.For phased construction projects, thedetermination of best available controltechnology shall be reviewed andmodified as appropriate at the latestNo Change No change to the existing SIP-approved language.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsreasonable time but no later than 18months prior to commencement ofconstruction of each independent phase ofthe project. At such time, the owner oroperator of the applicable stationarysource may be required to demonstrate theadequacy of any previous determination ofbest available control technology for thesource.D. Innovative control technology.Thedepartment may approve a system ofinnovative control technology for themajor stationary source or majormodification if:(1) the proposed control systemwould not cause or contribute toan unreasonable risk to publichealth, welfare, or safety in itsoperation or function; and(2) the owner or operator agrees toachieve a level of continuousemissions reduction equivalent tothat which would have beenrequired under Subsection A of20.11.61.14 NMAC by a datespecified by the department.Such date shall not be later thanfour years from the time ofstartup or seven years frompermit issuance; and(3) the source or modification wouldmeet the requirements equivalentto 20.11.61.14 NMAC and20.11.61.15 NMAC based on theemissions rate that the stationarysource employing the system ofD. Innovative control technology.Thedepartment may approve a system ofinnovative control technology for themajor stationary source or majormodification if:(1) the proposed control systemwould not cause or contribute toan unreasonable risk to publichealth, welfare, or safety in itsoperation or function; and(2) the owner or operator agrees toachieve a level of continuousemissions reduction equivalent tothat which would have beenrequired under Subsection A of20.11.61.14 NMAC by a datespecified by the department.Such date shall not be later thanfour years from the time ofstartup or seven years frompermit issuance; and(3) the source or modification wouldmeet the requirements equivalentto 20.11.61.14 NMAC and20.11.61.15 NMAC based on theemissions rate that the stationarysource employing the system ofAcronym was added.Non-substantive changes; approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsinnovative control technologywould be required to meet on thedate specified by the department;and(4) during the interim period ofachieving the permitted emissionlevel, the source or modificationwould not:(a) cause or contribute to aviolation of anapplicable nationalambient air qualitystandard; nor(b) impact any federal classI area; nor(c) impact any area wherean applicable incrementis known to be violated;and(5) all other applicable requirementsincluding those for publicparticipation have been met.innovative control technologywould be required to meet on thedate specified by the department;and(4) during the interim period ofachieving the permitted emissionlevel, the source or modificationwould not:(a) cause or contribute to aviolation of anapplicable [nationalambient air qualitystandard] NAAQS; nor(b) impact any federal classI area; nor(c) impact any area wherean applicable incrementis known to be violated;and(5) all other applicable requirementsincluding those for publicparticipation have been met.E.The department shall withdraw anyapproval to employ a system of innovativecontrol technology if:(1) the proposed system fails by thespecified date to achieve therequired continuous emissionsreduction rate; or(2) the proposed system fails beforethe specified date so as tocontribute to an unreasonable riskto public health, welfare, orsafety; or(3) the department decides at anytime that the proposed system isNo Change No change to the existing SIP-approved language.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsunlikely to achieve the requiredlevel of control or to protect thepublic health, welfare, or safety.F.If a source or modification fails to meetthe required level of continuous emissionreduction within the specified time periodor the approval is withdrawn inaccordance with Subsection E of20.11.61.14 NMAC, the department mayallow the source or modification up to anadditional three years to meet therequirement for the application of bestavailable control technology through useof a demonstrated system of control.No Change No change to the existing SIP-approved language.G.If the owner or operator of a majorstationary source or major modificationpreviously issued a permit under 20.11.61NMAC applies for an extension, and thenew proposed date of construction isgreater than 18 months from the date thepermit would become invalid, thedetermination of best available controltechnology shall be reviewed andmodified as appropriate before such anextension is granted. At such time, theowner or operator of the applicablestationary source may be required todemonstrate the adequacy of any previousdetermination of best available controltechnology for the source.No Change No change to the existing SIP-approved language.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements20.11.61.15 AMBIENT IMPACTREQUIREMENTS:No Change No change to the existing SIP-approved language.A.The requirements of 20.11.61.15 NMACshall apply to each pollutant emitted by anew major stationary source or majormodification in amounts equal to orgreater than that in Table 2 of 20.11.61.27NMAC. For particulate matter, the sourcewill only be required to perform ambientimpact analysis forPM10 when the sourcehas the potential to emit significantamounts of PM10 as determined fromTable 2 of 20.11.61.27 NMAC.No Change No change to the existing SIP-approved language.B. Source impact analysis.The owner oroperator of the proposed source ormodification shall demonstrate that theallowable emission increases from theproposed source or modification, inconjunction with all other applicableemissions increases or reductions,(including secondary emissions), wouldnot cause or contribute to air pollution inviolation of:(1) any national ambient air qualitystandard in any air quality controlregion; or(2) any applicable maximumallowable increase (as shown inTable 4 of 20.11.61.29 NMAC)over the baseline concentrationsin any area.B. Source impact analysis.(1)Required demonstration. Theowner or operator of theproposed source or modificationshall demonstrate that theallowable emission increasesfrom the proposed source ormodification, in conjunction withall other applicable emissionsincreases or reductions,(including secondary emissions),would not cause or contribute toair pollution in violation of:[(1)](a) any [national ambientair quality standard]NAAQS in any airquality control region;or[(2)](b) any applicablemaximum allowableincrease (as shown inTable 4 of 20.11.61.29NMAC) over theFormatting was revised.Non-substantive changes; approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsbaseline concentrationsin any area.(2)ReservedC.The owner or operator of the proposedmajor stationary source or majormodification shall demonstrate that neithera violation of Paragraph (1) or Paragraph(2) of Subsection B of 20.11.61.15 NMACwill occur.C.The owner or operator of the proposedmajor stationary source or majormodification shall demonstrate that neithera violation of Subparagraph (a) or (b) ofParagraph (1) [or Paragraph (2)] ofSubsection B of 20.11.61.15 NMAC willoccur.Citations were revised asa result of simultaneousformatting changes in other provisions of Part 61.Non-substantive changes; approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements20.11.61.18 MONITORINGREQUIREMENTS-AIR QUALITYANALYSIS:20.11.61.18 [MONITORINGREQUIREMENTS-]AIR QUALITYANALYSIS AND MONITORINGREQUIRMENTS:Word order of section title was revised.Non-substantive changes; approvable.A. Preapplication analysis.Any applicationfor a permit under 20.11.61 NMAC shallcontain an analysis of ambient air qualityin the area that the major stationary sourceor major modification would affect foreach of the following pollutants:(1) for a major stationary source,each pollutant for which thepotential to emit is equal to orgreater than the significantemission rates as listed in Table 2of 20.11.61.27 NMAC; or(2) for a major modification, eachpollutant that would result in asignificant net emission increase.A. Preapplication analysis.(1) Any application for a permitunder regulations approvedpursuant to 40 CFR 51.166 (e.g.,20.11.61 NMAC) shall containan analysis of ambient air qualityin the area that the majorstationary source or majormodification would affect foreach of the following pollutants:[(1)](a) for a major stationarysource, each pollutant[for which] that it wouldhave the potential toemit [is equal to orProvisions were revised to match the federalprovisions found in 40 CFR 51.166(m)(1).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsgreater than thesignificant emissionrates as listed in Table 2of 20.11.61.27 NMAC]in a significant amount;or[(2)](b) for a majormodification, eachpollutant [that] forwhich it would result ina significant netemission increase.B.If no national ambient air quality standardfor a pollutant exists, and there is anacceptable method formonitoring thatpollutant, the analysis shall contain suchair quality monitoring data as thedepartment determines is necessary toassess ambient air quality for thatpollutant in any area that the emissions ofthat pollutant would affect.[B.](2)If no [national ambient air qualitystandard] NAAQS for a pollutantexists, and there is an acceptablemethod for monitoring thatpollutant, the analysis shall containsuch air quality monitoring data asthe department determines isnecessary to assess ambient airquality for that pollutant in any areathat the emissions of that pollutantwould affect.Formatting was revised and acronym was added.Non-substantive changes; approvable.C.For pollutants (other than nonmethanehydrocarbons) for which a standard doesexist, the analysis shall contain continuousair quality monitoring data gathered forpurposes of determining whetheremissions of that pollutant would cause orcontribute to a violation of the standard orany maximum allowable increase. Suchdata shall be submitted to the departmentfor at least the one year period prior toreceipt of the permit application. Thedepartment has the discretion to:[C.](3)For pollutants (other thannonmethane hydrocarbons) forwhich a standard does exist, theanalysis shall contain continuousair quality monitoring data gatheredfor purposes of determiningwhether emissions of that pollutantwould cause or contribute to aviolation of the standard or anymaximum allowable increase.(4) [Such] The continuous air qualitymonitoring data that is required shall [besubmitted to the department for at least]Formatting was revised and language in paragraph(4) was revised to match the federal requirementsin 51.166(m)(1)(iv)Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(1) determine that a complete andadequate analysis can beaccomplished with monitoringdata gathered over a periodshorter than one year but not lessthan four months; or(2) determine that existing air qualitymonitoring data is representativeof air quality in the affected areaand accept such data in lieu ofadditional monitoring by theapplicant.have been gathered over a period of oneyear and shall represent the one year period[prior to] preceding receipt of the permitapplication. The department has thediscretion to:[(1)](a) determine that acomplete and adequateanalysis can beaccomplished withmonitoring data gatheredover a period shorter thanone year but not less thanfour months; or[(2)](b) determine that existingair quality monitoring datais representative of airquality in the affected areaand accept such data inlieu of additionalmonitoring by theapplicant.D.Ozone monitoring shall be performed ifmonitoring data is required for volatileorganic compounds or oxides of nitrogen.The owner or operator of a proposedmajor stationary source or majormodification of volatile organiccompounds who satisfies all conditions of40 CFR Part 51 Appendix S, Section IVmay provide post-approval monitoringdata for ozone in lieu of providingpreconstruction data as required under20.11.61.18 NMAC.[D.](5)Ozone monitoring shall beperformed if monitoring data isrequired for volatile organiccompounds or oxides of nitrogen.The owner or operator of aproposed major stationary source ormajor modification of volatileorganic compounds who satisfiesall conditions of 40 CFR Part 51Appendix S, Section IV mayprovide post-approval monitoringdata for ozone in lieu of providingpreconstruction data as requiredunder Subsection A of 20.11.61.18NMAC.Formatting and references to other sections in Part61 were revised.Non-substantive changes; approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal RequirementsE.Reserved. [E.Reserved.]Formatting was revised and the reserved provisionwas removed.Non-substantive changes; approvable.F. Post-construction monitoring.Theowner or operator of a major stationarysource or major modification shall, afterconstruction of the stationary source ormodification, conduct such ambientmonitoring as the department determinesis necessary to determine the effectemissions from the stationary source ormodification may have, or are having, onair quality in any area, includingmonitoring to validate attainment ofambient air quality standards and to assurethat incrementsare not exceeded.[F.]B. Post-construction monitoring.Theowner or operator of a major stationarysource or major modification shall, afterconstruction of the stationary source ormodification, conduct such ambientmonitoring as the department determinesis necessary to determine the effectemissions from the stationary source ormodification may have, or are having, onair quality in any area, includingmonitoring to validate attainment ofambient air quality standards and to assurethat incrementsare not exceeded.Formatting was revised.Non-substantive changes; approvable.G. Operation of monitoring stations.Theowner or operator of a major stationarysource or major modification shall meetthe requirements of 40 CFR 58, AppendixB during the operation of monitoringstations for purposes of satisfying therequirements of 20.11.61.18 NMAC.[G.]C. Operation of monitoring stations.Theowner or operator of a major stationarysource or major modification shall meetthe requirements of 40 CFR 58, AppendixB during the operation of monitoringstations for purposes of satisfying therequirements of Subsections A through Cof 20.11.61.18 NMAC.References to other sections in Part 61 wererevised.Non-substantive changes; approvable.H.The department has the discretion toexempt a stationary source or modificationfrom the requirements of 20.11.61.18NMAC with respect to monitoring for aparticular pollutant if the emissionsincrease of the pollutant from the newsource or the net emissions increase of thepollutant from the modification wouldcause, in any area, increases in ambientconcentrations less than the levels listed inTable 3 of 20.11.61.28 NMAC.[H.]D. Exceptions.The department has thediscretion to exempt a proposed majorstationary source or modification from therequirements of Subsections A through Cof 20.11.61.18 NMAC with respect tomonitoring for a particular pollutant if:(1) the emissions increase of thepollutant from [the] a newstationary source or the netemissions increase of thepollutant from [the] aRevisions made to update revised federalprovisions promulgated by EPA on May 16, 2008.Language was updated to match the provisions in40 CFR 51.166(i)(5).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsmodification would cause, in anyarea, [increases in ambientconcentrations] air qualityimpacts less than the levels listedin Table 3 of 20.11.61.28NMAC.I.The department shall exempt a stationarysource or modification from therequirements of 20.11.61.18 NMAC withrespect to preconstruction monitoring for aparticular pollutant if:(1) for ozone, volatile organiccompound emissions and oxidesof nitrogen are less than 100 tonsper year; or(2) the air pollutant is not a regulatednew source review pollutant; or(3) the existing ambientconcentrations of the pollutant inthe area affected by the source ormodification are less than theconcentrations listed in Table 3of 20.11.61.28 NMAC.[I.The department shall exempt a stationarysource or modification from therequirements of 20.11.61.18 NMAC withrespect to preconstruction monitoring for aparticular pollutant if:(1) for ozone, volatile organiccompound emissions and oxidesof nitrogen are less than 100 tonsper year; or](2) [the air pollutant is not aregulated new source reviewpollutant; or(3)] the existing ambientconcentrations of the pollutant inthe area affected by the source ormodification are less than theconcentrations listed in Table 3of 20.11.61.28 NMAC; or(3) the pollutant is not listed in Table3 of 20.11.61.28 NMAC.Revisions made to update revised federalprovisions promulgated by EPA on May 16, 2008.Language was updated to match the provisions in40 CFR 51.166(i)(5).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements20.11.61.20 ACTUALS PLANTWIDEAPPLICABILITY LIMITS (PALs)No Change No change to the existing SIP-approved language.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal RequirementsA. Applicability.(1) The department may approve theuse of an actuals PAL for anyexisting major stationary sourceif the PAL meets therequirements of 20.11.61.20NMAC. The term “PAL” shallmean “actuals PAL” throughout20.11.61.20 NMAC.(2) Any physical change in orchange in the method ofoperation of a major stationarysource that maintains its totalsource-wide emissions below thePAL level, meets therequirements of 20.11.61.20NMAC, and complies with thePAL permit:(a) is not a majormodification for thePAL pollutant;(b) does not have to beapproved through theplan’s major NSRprogram; and(c) is not subject to theprovisions in SubsectionD of 20.11.61.12NMAC (restrictions onrelaxing enforceableemission limitations thatthe major stationarysource used to avoidapplicability of themajor new sourcereview program).A. Applicability.(1) The department may approve theuse of an actuals PAL, includingfor GHGs on either a mass basisor a CO2e basis, for any existingmajor stationary source or anyexisting GHG-only source if thePAL meets the requirements of20.11.61.20 NMAC. The term“PAL” shall mean “actuals PAL”throughout 20.11.61.20 NMAC.(2) Any physical change in orchange in the method ofoperation of a major stationarysource or a GHG-only source thatmaintains its total source-wideemissions below the PAL level,meets the requirements of20.11.61.20 NMAC, andcomplies with the PAL permit:(a) is not a majormodification for thePAL pollutant;(b) does not have to beapproved through theplan’s major NSRprogram; [and](c) is not subject to theprovisions in SubsectionD of 20.11.61.12NMAC (restrictions onrelaxing enforceableemission limitations thatthe major stationarysource used to avoidapplicability of theRevisions made to reflect regulatory revisionsrelated to GHG PALs promulgated by EPA on July3, 2012. Revisions are consistent with 52.21(aa)(1).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(3) Except as provided underSubparagraph (c) of Paragraph(2) of Subsection A of20.11.61.20 NMAC, a majorstationary source shall continueto comply with all applicablefederal or state requirements,emission limitations, and workpractice requirements that wereestablished prior to the effectivedate of the PAL.major [new sourcereview] NSR program);and(d) does not make GHGs“subject to regulation”as defined by SubsectionCCC of 20.11.61.7NMAC.(3) Except as provided underSubparagraph (c) of Paragraph(2) of Subsection A of20.11.61.20 NMAC, a majorstationary source or a GHG-onlysource shall continue to complywith all applicable federal orstate requirements, emissionlimitations, and work practicerequirements that wereestablished prior to the effectivedate of the PAL.B. Definitions applicable to 20.11.61.20NMAC.(1)Actuals PAL for a majorstationary sourcemeans a PALbased on the baseline actualemissions of all emissions unitsat the source that emit or have thepotential to emit the PALpollutant.(2)Allowable emissionsmeans“allowable emissions” as definedin Subsection F of 20.11.61.7NMAC, except as this definitionis modified in accordance withthe following.B. Definitions applicable to 20.11.61.20NMAC.(1)Actuals PAL for a majorstationary sourcemeans a PALbased on the baseline actualemissions (as defined inSubsection I of 20.11.61.7NMAC) of all emissions units (asdefined in Subsection Y of20.11.61.7 NMAC) at the sourcethat emit or have the potential toemit the PAL pollutant. For aGHG-only source, actuals PALmeans a PAL based on thebaseline actual emissions (asdefined in Paragraph (13) ofRevisions made to reflect regulatory revisionsrelated to GHG PALs promulgated by EPA on July3, 2012. Revisions are consistent with 52.21(aa)(2).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(a) The allowable emissionsfor any emissions unitshall be calculatedconsidering anyemission limitations thatare enforceable as apractical matter on theemissions unit'spotential to emit.(b) An emissions unit'spotential to emit shall bedetermined using thedefinition in SubsectionSS of 20.11.61.7NMAC, except that thewords “or enforceable asa practical matter”should be added after“federally enforceable”.(3)Small emissions unitmeans anemissions unit that emits or hasthe potential to emit the PALpollutant in an amount less thanthe significant level for that PALpollutant, as defined inSubsection ZZ of 20.11.61.7NMAC or in the act, whicheveris lower.(4)Major emissions unit means:(a) Any emissions unit thatemits or has thepotential to emit 100tons per year or more ofthe PAL pollutant in anattainment area; orSubsection B of 20.11.61.20NMAC) of all emissions units (asdefined in Paragraph (14) ofSubsection B of 20.11.61.20NMAC) at the source, that emitor have the potential to emitGHGs.(2)Allowable emissionsmeans“allowable emissions” as definedin Subsection F of 20.11.61.7NMAC, except as this definitionis modified in accordance withthe following.(a) The allowable emissionsfor any emissions unitshall be calculatedconsidering anyemission limitations thatare enforceable as apractical matter on theemissions unit'spotential to emit.(b) An emissions unit'spotential to emit shall bedetermined using thedefinition in SubsectionSS of 20.11.61.7NMAC, except that thewords “or enforceable asa practical matter”should be added after“federally enforceable”.(3)Small emissions unitmeans anemissions unit that emits or hasthe potential to emit the PALpollutant in an amount less thanExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(b) any emissions unit thatemits or has thepotential to emit thePAL pollutant in anamount that is equal toor greater than the majorsource threshold for thePAL pollutant asdefined by the act fornonattainment areas. Forexample, in accordancewith the definition ofmajor stationary sourcein Section 182(c) of theact, an emissions unitwould be a majoremissions unit for VOCif the emissions unit islocated in a seriousozone nonattainmentarea and it emits or hasthe potential to emit 50or more tons of VOCper year.(5)Plantwide applicabilitylimitation (PAL)means anemission limitation expressed intons-per year, for a pollutant at amajor stationary source that isenforceable as a practical matterand established source-wide inaccordance with20.11.61.20NMAC.(6)PAL effective dategenerallymeans the date of issuance of thePAL permit. However, the PALthe significant level for that PALpollutant, as defined inSubsection ZZ of 20.11.61.7NMAC or in the act, whicheveris lower. For a GHG PAL issuedon a CO2e basis, small emissionsunits means an emissions unitthat emits or has the potential toemit less than the amount ofGHGs on a CO2e basis definedas “significant” for the purposesof Paragraph (3) of SubsectionCCC of 20.11.61.7 NMAC at thetime the PAL permit is beingissued.(4)Major emissions unit means:(a) Any emissions unit thatemits or has thepotential to emit 100tons per year or more ofthe PAL pollutant in anattainment area; or(b) any emissions unit thatemits or has thepotential to emit thePAL pollutant in anamount that is equal toor greater than the majorsource threshold for thePAL pollutant asdefined by the act fornonattainment areas. Forexample, in accordancewith the definition ofmajor stationary sourcein Section 182(c) of theExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementseffective date for an increasedPAL is the date any emissionsunit that is part of the PAL majormodification becomesoperational and begins to emitthe PAL pollutant.(7)PAL effective periodmeans theperiod beginning with the PALeffective date and ending 10years later.(8)PAL major modificationmeans,notwithstanding the definitionsfor major modification and netemissions increase in 20.11.61.7NMAC, any physical change inor change in the method ofoperation of the PAL source thatcauses it to emit the PALpollutant at a level equal to orgreater than the PAL.(9)PAL permitmeans the majornew source review permit, theminor new source review permit,or the state operating permitunder a program that is approvedinto the SIP, or the title V permitissued by the department thatestablishes a PAL for a majorstationary source.(10)PAL pollutantmeans thepollutant for which a PAL isestablished at a major stationarysource.(11)Significant emissions unitmeans an emissions unit thatemits or has the potential to emitact, an emissions unitwould be a majoremissions unit for VOCif the emissions unit islocated in a seriousozone nonattainmentarea and it emits or hasthe potential to emit 50or more tons of VOCper year.(c) For a GHG PAL issuedon a CO2e basis, anyemissions unit that emitsor has the potential toemit equal to or greaterthan the amount ofGHGs on a CO2e basisthat would be sufficientfor a new source totrigger permittingrequirements underSubsection CCC of20.11.61.7 NMAC at thetime the PAL permit isbeing issued.(5)Plantwide applicabilitylimitation (PAL)means anemission limitation expressed ona mass basis in tons-per year, orexpressed in tpy CO2e for aCO2e-based GHG emissionlimitation, for a pollutant at amajor stationary source or GHGonly source, that is enforceable asa practical matter and establishedExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsa PAL pollutant in an amountthat is equal to or greater than thesignificant level as defined inSubsection ZZ of 20.11.61.7NMAC or in the act, whicheveris lower for that PAL pollutant,but less than the amount thatwould qualify the unit as a majoremissions unit as defined inParagraph (4) of Subsection B of20.11.61.20 NMAC.source-wide in accordance with20.11.61.20 NMAC.(6)PAL effective dategenerallymeans the date of issuance of thePAL permit. However, the PALeffective date for an increasedPAL is the date any emissionsunit that is part of the PAL majormodification becomesoperational and begins to emitthe PAL pollutant.(7)PAL effective periodmeans theperiod beginning with the PALeffective date and ending 10years later.(8)PAL major modificationmeans,notwithstanding the definitionsfor major modification, [and] netemissions increase [in] andsubject to regulation inSubsections II, PP and CCC of20.11.61.7 NMAC respectively,any physical change in or changein the method of operation of thePAL source that causes it to emitthe PAL pollutant at a level equalto or greater than the PAL.(9)PAL permitmeans the major[new source review] NSR permit,the minor [new source review]NSR permit, or the stateoperating permit under a programthat is approved into the SIP, orthe title V permit issued by thedepartment that establishes aExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal RequirementsPAL for a major stationarysource or a GHG-only source.(10)PAL pollutantmeans thepollutant for which a PAL isestablished at a major stationarysource or a GHG only source.For a GHG-only source, the onlyavailable PAL pollutant is GHGs.(11)Significant emissions unitmeans an emissions unit thatemits or has the potential to emita PAL pollutant in an amountthat is equal to or greater than thesignificant level as defined inSubsection ZZ of 20.11.61.7NMAC or in the act, whicheveris lower for that PAL pollutant,but less than the amount thatwould qualify the unit as a majoremissions unit as defined inParagraph (4) of Subsection B of20.11.61.20 NMAC. For a GHGPAL issued on a CO2e basis,significant emissions unit meansany emissions unit that emits orhas the potential to emit GHGson a CO2e basis in amountsequal to or greater than theamount that would qualify theunit as small emissions unit asdefined in Paragraph (3) ofSubsection B of 20.11.61.20NMAC, but less than the amountthat would qualify the unit as amajor emissions unit as definedin Subparagraph (c) of ParagraphExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(4) of Subsection B of20.11.61.20 NMAC.(12)GHG-only sourcemeans anyexisting stationary source thatemits or has the potential to emitGHGs in the amount equal to orgreater than the amount of GHGson a mass basis that would besufficient for a new source totrigger permitting requirementsfor GHGs under Subsection KKof 20.11.61.7 NMAC and theamount of GHGs on a CO2ebasis that would be sufficient fora new source to triggerpermitting requirements forGHGs under Subsection CCC of20.11.61.7 NMAC at the time thePAL permit is being issued, butdoes not emit or have thepotential to emit any other nonGHG regulated NSR pollutant ator above the applicable majorsource threshold. A GHG-onlysource may only obtain a PALfor GHG emissions under20.11.61.20 NMAC.(13)Baseline actual emissions for aGHG PALmeans the averagerate, in tpy CO2e or tpy GHG, asapplicable, at which theemissions unit actually emittedGHGs during any consecutive24-month period selected by theowner or operator within the 10-year period immediatelyExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementspreceding either the date theowner or operator begins actualconstruction of the project, or thedate a complete permitapplication is received by theadministrator for a permitrequired under 40 CFR 52.21 orby the department for a permitrequired by a plan, whichever isearlier. For any existing electricutility steam generating unit,baseline actual emissions for aGHG PAL means the averagerate, in tpy CO2e or tpy GHG, asapplicable, at which theemissions unit actually emittedthe GHGs during any consecutive24-month period selected by theowner or operator within the 5-year period immediatelypreceding either the date theowner or operator begins actualconstruction of the project,except that the administrator shallallow the use of a different timeperiod upon a determination thatit is more representative ofnormal source operation.(a) The average rate shallinclude fugitiveemissions to the extentquantifiable, andemissions associatedwith startups,shutdowns, andmalfunctions.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(b) The average rate shall beadjusted downward toexclude any noncompliant emissions thatoccurred while thesource was operatingabove an emissionlimitation that waslegally enforceableduring the consecutive24-month period.(c) The average rate shall beadjusted downward toexclude any emissionsthat would haveexceeded an emissionlimitation with which thestationary source mustcurrently comply, hadsuch stationary sourcebeen required to complywith such limitationsduring the consecutive24-month period.(d) The average rate shallnot be based on anyconsecutive 24-monthperiod for which there isinadequate informationfor determining annualGHG emissions and foradjusting this amount ifrequired bySubparagraphs (b) and(c) of Paragraph (13) ofExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal RequirementsSubsection B of20.11.61.20 NMAC.(14)Emissions unit with respect toGHGsmeans any part of astationary source that emits orhas the potential to emit GHGs.For purposes of 40 CFR 52.21,there are two types of emissionsunits as described in thefollowing:(a) a new emissions unit isany emissions unit that is(or will be) newlyconstructed and that hasexisted for less than 2years from the date suchemissions unit firstoperated;(b) an existing emissionsunit is any emissionsunit that does not meetthe requirements inSubparagraph (a) ofParagraph (14) ofSubsection B of20.11.61.20 NMAC.(15)Minor sourcemeans anystationary source that does notmeet the definition of majorstationary source in SubsectionKK of 20.11.61.7 NMAC for anypollutant at the time the PAL isissued.C. Permit application requirements.Aspart of a permit application requesting aPAL, the owner or operator of a majorC. Permit application requirements.Aspart of a permit application requesting aPAL, the owner or operator of a majorRevisions made to reflect regulatory revisionsrelated to GHG PALs promulgated by EPA on July3, 2012. Revisions are consistent with 52.21(aa)(3).Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsstationary source shall submit thefollowing information to the departmentfor approval.(1) A list of all emissions units at thesource designated as small,significant or major based ontheir potential to emit. Inaddition, the owner or operator ofthe source shall indicate which, ifany, federal or state applicablerequirements, emissionlimitations, or work practicesapply to each unit.(2) Calculations of the baselineactual emissions with supportingdocumentation. Baseline actualemissions are to includeemissions associated not onlywith operation of the unit, butalso emissions associated withstartup, shutdown, andmalfunction.(3) The calculation procedures thatthe major stationary sourceowner or operator proposes touse to convert the monitoringsystem data to monthly emissionsand annual emissions based on a12-month rolling total for eachmonth as required by SubsectionM of 20.11.61.20 NMAC.stationary source or a GHG-only sourceshall submit the following information tothe department for approval.(1) A list of all emissions units at thesource designated as small,significant or major based ontheir potential to emit. Inaddition, the owner or operator ofthe source shall indicate which, ifany, federal or state applicablerequirements, emissionlimitations, or work practicesapply to each unit.(2) Calculations of the baselineactual emissions with supportingdocumentation. Baseline actualemissions are to includeemissions associated not onlywith operation of the unit, butalso emissions associated withstartup, shutdown, andmalfunction.(3) The calculation procedures thatthe major stationary sourceowner or operator proposes touse to convert the monitoringsystem data to monthly emissionsand annual emissions based on a12-month rolling total for eachmonth as required by SubsectionM of 20.11.61.20 NMAC.(4) As part of a permit applicationrequesting a GHG PAL, theowner or operator of a majorstationary source or a GHG-onlysource shall submit a statementRevisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsby the source owner or operatorthat clarifies whether the sourceis an existingmajor sourceasdefined in Subparagraphs (a) and(b) of Paragraph (1) ofSubsection KK of 20.11.61.7NMAC or aGHG-only sourceasdefined in Paragraph (12) ofSubsection B of 20.11.61.20NMAC.D. General requirements for establishingPALs.(1) The department may establish aPAL at a major stationary source,provided that at a minimum, thefollowing requirements are met.(a) The PAL shall imposean annual emissionlimitation in tons peryear that is enforceableas a practical matter forthe entire majorstationary source. Foreach month during thePAL effective periodafter the first 12 monthsof establishing a PAL,the major stationarysource owner oroperator shall show thatthe sum of the monthlyemissions from eachemissions unit under thePAL for the previous 12consecutive months isless than the PAL (a 12-D. General requirements for establishingPALs.(1) The department may establish aPAL at a major stationary sourceor a GHG-only source, providedthat at a minimum, the followingrequirements are met.(a) The PAL shall imposean annual emissionlimitation expressed ona mass basis in tons peryear, or expressed in tpyCO2e, that isenforceable as apractical matter for theentire major stationarysource or GHG-onlysource. For each monthduring the PAL effectiveperiod after the first 12months of establishing aPAL, the majorstationary source orGHG-only source owneror operator shall showthat the sum of theRevisions made to reflect regulatory revisionsrelated to GHG PALs promulgated by EPA on July3, 2012. Revisions are consistent with 52.21(aa)(4).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsmonth average, rolledmonthly). For eachmonth during the first11 months from thePAL effective date, themajor stationary sourceowner or operator shallshow that the sum of thepreceding monthlyemissions from the PALeffective date for eachemissions unit under thePAL is less than thePAL.(b) The PAL shall beestablished in a PALpermit that meets thepublic participationrequirements inSubsection E of20.11.61.20 NMAC.(c) The PAL permit shallcontain all therequirements ofSubsection G of20.11.61.20 NMAC.(d) The PAL shall includefugitive emissions, tothe extent quantifiable,from all emissions unitsthat emit or have thepotential to emit thePAL pollutant at themajor stationary source.monthly emissions fromeach emissions unitunder the PAL for theprevious 12 consecutivemonths is less than thePAL (a 12-monthaverage, rolledmonthly). For eachmonth during the first11 months from thePAL effective date, themajor stationary sourceor GHG-only sourceowner or operator shallshow that the sum of thepreceding monthlyemissions from the PALeffective date for eachemissions unit under thePAL is less than thePAL.(b) The PAL shall beestablished in a PALpermit that meets thepublic participationrequirements inSubsection E of20.11.61.20 NMAC.(c) The PAL permit shallcontain all therequirements ofSubsection G of20.11.61.20 NMAC.(d) The PAL shall includefugitive emissions, tothe extent quantifiable,Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(e) Each PAL shall regulateemissions of only onepollutant.(f) Each PAL shall have aPAL effective period of10 years.(g) The owner or operatorof the major stationarysource with a PAL shallcomply with themonitoring,recordkeeping, andreporting requirementsprovided in SubsectionsL through N of20.11.61.20 NMAC foreach emissions unitunder the PAL throughthe PAL effectiveperiod.(2) At no time during or after thePAL effective period areemissions reductions of a PALpollutant that occur during thePAL effective period creditableas decreases for purposes ofoffsets under 40 CFR51.165(a)(3)(ii) unless the levelof the PAL is reduced by theamount of such emissionsreductions and such reductionswould be creditable in theabsence of the PAL.from all emissions unitsthat emit or have thepotential to emit thePAL pollutant at themajor stationary sourceor GHG-only source.(e) Each PAL shall regulateemissions of only onepollutant.(f) Each PAL shall have aPAL effective period of10 years.(g) The owner or operatorof the major stationarysource or GHG-onlysource with a PAL shallcomply with themonitoring,recordkeeping, andreporting requirementsprovided in SubsectionsL through N of20.11.61.20 NMAC foreach emissions unitunder the PAL throughthe PAL effectiveperiod.(2) At no time during or after thePAL effective period areemissions reductions of a PALpollutant that occur during thePAL effective period creditableas decreases for purposes ofoffsets under 40 CFR51.165(a)(3)(ii) unless the levelof the PAL is reduced by theExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsamount of such emissionsreductions and such reductionswould be creditable in theabsence of the PAL.E. Public participation requirements forPALs.PALs for existing major stationarysources shall be established, renewed, orincreased, through a procedure that isconsistent with 40 CFR 51.160 and 161.This includes the requirement that thedepartment provide the public with noticeof the proposed approval of a PAL permitand at least a 30-dayperiod for submittalof public comment. The department mustaddress all material comments beforetaking final action on the permit.E. Public participation requirements forPALs.PALs for existing major stationarysources or GHG-only sources shall beestablished, renewed, or increased,through a procedure that is consistent with40 CFR 51.160 and 161. This includes therequirement that the department providethe public with notice of the proposedapproval of a PAL permit and at least a30-day period for submittal of publiccomment. The department must addressall material comments before taking finalaction on the permit.Revisions made to reflect regulatory revisionsrelated to GHG PALs promulgated by EPA on July3, 2012. Revisions are consistent with 52.21(aa)(5).Revisions are approvable.F. Setting the 10-year actuals PAL level.(1) Except as provided in Paragraph(2) of Subsection F of20.11.61.20 NMAC, the actualsPAL level for a major stationarysource shall be established as thesum of the baseline actualemissions of the PAL pollutantfor each emissions unit at thesource; plus an amount equal tothe applicable significant levelfor the PAL pollutant underSubsection ZZ of 20.11.61.7NMAC or under the act,whichever is lower. Whenestablishing the actuals PALlevel, for a PAL pollutant, onlyone consecutive 24-month periodmust be used to determine theF. Setting the 10-year actuals PAL level.(1) Except as provided in Paragraph(2) of Subsection F of20.11.61.20 NMAC, the actualsPAL level for a major stationarysource or a GHG-only sourceshall be established as the sum ofthe baseline actual emissions (asdefined in Subsection I of20.11.61.7 NMAC or, for GHGsParagraph (13) of Subsection Bof 20.11.61.20 NMAC) of thePAL pollutant for each emissionsunit at the source;plus an amountequal to the applicable significantlevel for the PAL pollutant underSubsection ZZ of 20.11.61.7NMAC or under the act,whichever is lower. WhenRevisions made to reflect regulatory revisionsrelated to GHG PALs promulgated by EPA on July3, 2012. Revisions are consistent with 52.21(aa)(6).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsbaseline actual emissions for allexisting emissions units.However, a different consecutive24-month period may be used foreach different PAL pollutant.Emissions associated with unitsthat were permanently shutdownafter this 24-month period mustbe subtracted from the PAL level.The department shall specify areduced PAL level(s) (in tons/yr)in the PAL permit to becomeeffective on the futurecompliance date(s) of anyapplicable federal or stateregulatory requirement(s) that thedepartment is aware of prior toissuance of the PAL permit. Forinstance, if the source owner oroperator will be required toreduce emissions from industrialboilers in half from baselineemissions of 60 ppm NOX to anew rule limit of 30 ppm, thenthe permit shall contain a futureeffective PAL level that is equalto the current PAL level reducedby half of the original baselineemissions of such unit(s).(2) For newly constructed units(which do not includemodifications to existing units)on which actual constructionbegan after the 24-month period,in lieu of adding the baselineactual emissions as specified inestablishing the actuals PALlevel, for a PAL pollutant, onlyone consecutive 24-month periodmust be used to determine thebaseline actual emissions for allexisting emissions units.However, a different consecutive24-month period may be used foreach different PAL pollutant.Emissions associated with unitsthat were permanently shutdownafter this 24-month period mustbe subtracted from the PAL level.The department shall specify areduced PAL level(s) (in tons/yr)in the PAL permit to becomeeffective on the futurecompliance date(s) of anyapplicable federal or stateregulatory requirement(s) that thedepartment is aware of prior toissuance of the PAL permit. Forinstance, if the source owner oroperator will be required toreduce emissions from industrialboilers in half from baselineemissions of 60 ppm NOX to anew rule limit of 30 ppm, thenthe permit shall contain a futureeffective PAL level that is equalto the current PAL level reducedby half of the original baselineemissions of such unit(s).(2) For newly constructed units(which do not includemodifications to existing units)Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal RequirementsParagraph (1) of Subsection F of20.11.61.20 NMAC, theemissions must be added to thePAL level in an amount equal tothe potential to emit of the units.on which actual constructionbegan after the 24-month period,in lieu of adding the baselineactual emissions as specified inParagraph (1) of Subsection F of20.11.61.20 NMAC, theemissions must be added to thePAL level in an amount equal tothe potential to emit of the units.(3) For CO2e based GHG PAL, theactuals PAL level shall beestablished as the sum of theGHGs baseline actual emissions(as defined in Paragraph (13) ofSubsection B of 20.11.61.20NMAC) of GHGs for eachemissions unit at the source, plusan amount equal to the amountdefined as “significant” on aCO2e basis for the purposes ofParagraph (3) of Subsection CCCof 20.11.61.7 NMAC at the timethe PAL permit is being issued.When establishing the actualsPAL level for a CO2e-basedPAL, only one consecutive 24-month period must be used todetermine the baseline actualemissions for all existingemissions units. Emissionsassociated with units that werepermanently shut down after this24-month period must besubtracted from the PAL level.The department shall specify areduced PAL level (in tpy CO2e)Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsin the PAL permit to becomeeffective on the futurecompliance date(s) of anyapplicable federal or stateregulatory requirement(s) that thedepartment is aware of prior toissuance of the PAL permit.G. Contents of the PAL permit.The PALpermit shall contain, at a minimum, thefollowing information.(1) The PAL pollutant and theapplicable source-wide emissionlimitation in tons per year.(2) The PAL permit effective dateand the expiration date of thePAL (PAL effective period).(3) Specification in the PAL permitthat if a major stationary sourceowner or operator applies torenew a PAL in accordance withSubsection J of 20.11.61.20NMAC before the end of thePAL effective period, then thePAL shall not expire at the end ofthe PAL effective period. It shallremain in effect until a revisedPAL permit is issued by thedepartment.(4) A requirement that emissioncalculations for compliancepurposes include emissions fromstartups, shutdowns andmalfunctions.(5) A requirement that, once the PALexpires, the major stationarysource is subject to theG. Contents of the PAL permit.The PALpermit shall contain, at a minimum, thefollowing information.(1) The PAL pollutant and theapplicable source-wide emissionlimitation in tons per year or tpyCO2e.(2) The PAL permit effective dateand the expiration date of thePAL (PAL effective period).(3) Specification in the PAL permitthat if a major stationary sourceor GHG-only source owner oroperator applies to renew a PALin accordance with Subsection Jof 20.11.61.20 NMAC before theend of the PAL effective period,then the PAL shall not expire atthe end of the PAL effectiveperiod. It shall remain in effectuntil a revised PAL permit isissued by the department.(4) A requirement that emissioncalculations for compliancepurposes include emissions fromstartups, shutdowns andmalfunctions.(5) A requirement that, once the PALexpires, the major stationaryRevisions made to reflect regulatory revisionsrelated to GHG PALs promulgated by EPA on July3, 2012. Revisions are consistent with 52.21(aa)(7).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsrequirements of Subsection I of20.11.61.20 NMAC.(6) The calculation procedures thatthe major stationary sourceowner or operator shall use toconvert the monitoring systemdata to monthly emissions andannual emissions based on a 12-month rolling total for eachmonth as required by Paragraph(1) of Subsection C of20.11.61.20 NMAC.(7) A requirement that the majorstationary source owner oroperator monitor all emissionsunits in accordance with theprovisions under Subsection M of20.11.61.20 NMAC.(8) A requirement to retain therecords required underSubsection M of 20.11.61.20NMAC on site. Such records maybe retained in an electronicformat.(9) A requirement to submit thereports required under SubsectionN of 20.11.61.20 NMAC by therequired deadlines.(10) Any other requirements that thedepartment deems necessary toimplement and enforce the PAL.source or GHG-only source issubject to the requirements ofSubsection I of 20.11.61.20NMAC.(6) The calculation procedures thatthe major stationary source orGHG-only source owner oroperator shall use to convert themonitoring system data tomonthly emissions and annualemissions based on a 12-monthrolling total for each month asrequired by Paragraph (1) ofSubsection [C] M of 20.11.61.20NMAC.(7) A requirement that the majorstationary source or GHG-onlysource owner or operator monitorall emissions units in accordancewith the provisions underSubsection [M] L of 20.11.61.20NMAC.(8) A requirement to retain therecords required underSubsection M of 20.11.61.20NMAC on site. Such records maybe retained in an electronicformat.(9) A requirement to submit thereports required under SubsectionN of 20.11.61.20 NMAC by therequired deadlines.(10) Any other requirements that thedepartment deems necessary toimplement and enforce the PAL.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(11) A permit for a GHG PAL issuedto a GHG-only source shall alsoinclude a statement denoting thatGHG emissions at the source willnot be subject to regulation underSubsection CCC of 20.11.61.7NMAC as long as the sourcecomplies with the PAL.H. PAL effective period and reopening ofthe PAL permit.(1)PAL effective period.The PALeffective period shall be 10 years.(2)Reopening of the PAL permit.(a) During the PALeffective period, thedepartment shall reopenthe PAL permit to:correcttypographical/calculation errors made in settingthe PAL or reflect amore accuratedetermination ofemissions used toestablish the PAL;reduce the PAL if theowner or operator of themajor stationary sourcecreates creditableemissions reductions foruse as offsets under 40CFR 51.165(a)(3)(ii);and revise the PAL toreflect an increase in thePAL as provided underH. PAL effective period and reopening ofthe PAL permit.(1)PAL effective period.The PALeffective period shall be 10 years.(2)Reopening of the PAL permit.(a) During the PALeffective period, thedepartment shall reopenthe PAL permit to:(i) correcttypographical/calculationerrors made insetting the PALor reflect amore accuratedeterminationof emissionsused toestablish thePAL;(ii) reduce the PALif the owner oroperator of themajorstationarysource createscreditableRevisions made to reflect regulatory revisionsrelated to GHG PALs promulgated by EPA on July3, 2012. Revisions are consistent with 52.21(aa)(8).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal RequirementsParagraph Subsection Kof 20.11.61.20 NMAC.(b) The department mayreopen the PAL permitfor the following: toreduce the PAL toreflect newly applicablefederal requirements(for example, NSPS)with compliance datesafter the PAL effectivedate; to reduce the PALconsistent with anyother requirement, thatis enforceable as apractical matter, and thatthe department mayimpose on the majorstationary source underthe plan; and to reducethe PAL if thedepartment determinesthat a reduction isnecessary to avoidcausing or contributingto a NAAQS or PSDincrement violation, orto an adverse impact onan air quality relatedvalues (AQRV) that hasbeen identified for afederal class I area by afederal land managerand for whichinformation is availableto the general public.emissionsreductions foruse as offsetsunder 40 CFR51.165(a)(3)(ii); and(iii) revise the PALto reflect anincrease in thePAL asprovided underParagraphSubsection Kof 20.11.61.20NMAC.(b) The department mayreopen the PAL permitfor the following:(i) to reduce thePAL to reflectnewlyapplicablefederalrequirements(for example,NSPS) withcompliancedates after thePAL effectivedate;(ii) to reduce thePAL consistentwith any otherrequirement,that isenforceable asExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(c) Except for the permitreopening inSubparagraph (a) ofParagraph (2) ofSubsection H of20.11.61.20 NMAC forthe correction oftypographical/calculation errors that do notincrease the PAL level,all reopenings shall becarried out inaccordance with thepublic participationrequirements ofSubsection E of20.11.61.20 NMAC.a practicalmatter, andthat thedepartmentmay impose onthe majorstationarysource orGHG-onlysource underthe plan; and(iii) reduce thePAL if thedepartmentdetermines thata reduction isnecessary toavoid causingor contributingto a NAAQSor PSDincrementviolation, or toan adverseimpact on anair qualityrelated values(AQRV) thathas beenidentified for afederal class Iarea by afederal landmanager andfor whichinformation isExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsavailable to thegeneral public.(c) Except for the permitreopening in Item (i)Subparagraph (a) ofParagraph (2) ofSubsection H of20.11.61.20 NMAC forthe correction oftypographical/calculation errors that do notincrease the PAL level,all reopenings shall becarried out inaccordance with thepublic participationrequirements ofSubsection E of20.11.61.20 NMAC.I. Expiration of a PAL.Any PAL that isnot renewed in accordance with theprocedures in Subsection J of 20.11.61.20NMAC shall expire at the end of the PALeffective period, and the requirements inSubsection I of 20.11.61.20 NMAC shallapply.(1) Each emissions unit, or eachgroup of emissions units, thatexisted under the PAL shallcomply with an allowableemission limitation under arevised permit establishedaccording to the procedures inParagraph (1) of Subsection I of20.11.61.20 NMAC.I. Expiration of a PAL.Any PAL that isnot renewed in accordance with theprocedures in Subsection J of 20.11.61.20NMAC shall expire at the end of the PALeffective period, and the requirements inSubsection I of 20.11.61.20 NMAC shallapply.(1) Each emissions unit, or eachgroup of emissions units, thatexisted under the PAL shallcomply with an allowableemission limitation under arevised permit establishedaccording to the procedures inParagraph (1) of Subsection I of20.11.61.20 NMAC.Revisions made to reflect regulatory revisionsrelated to GHG PALs promulgated by EPA on July3, 2012. Revisions are consistent with 52.21(aa)(9).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(a) Within the time framespecified for PALrenewals in Paragraph(2) of Subsection J of20.11.61.20 NMAC, themajor stationary sourceshall submit a proposedallowable emissionlimitation for eachemissions unit, or eachgroup of emissionsunits, if such adistribution is moreappropriate as decidedby the department, bydistributing the PALallowable emissions forthe major stationarysource among each ofthe emissions units thatexisted under the PAL.If the PAL had not yetbeen adjusted for anapplicable requirementthat became effectiveduring the PAL effectiveperiod, as requiredunder Paragraph (5) ofSubsection J of20.11.61.20 NMAC,such distribution shallbe made as if the PALhad been adjusted.(b) The department shalldecide whether and howthe PAL allowable(a) Within the time framespecified for PALrenewals in Paragraph(2) of Subsection J of20.11.61.20 NMAC, themajor stationary sourceor GHG-only sourceshall submit a proposedallowable emissionlimitation for eachemissions unit, or eachgroup of emissionsunits, if such adistribution is moreappropriate as decidedby the department, bydistributing the PALallowable emissions forthe major stationarysource or GHG-onlysource among each ofthe emissions units thatexisted under the PAL.If the PAL had not yetbeen adjusted for anapplicable requirementthat became effectiveduring the PAL effectiveperiod, as requiredunder Paragraph (5) ofSubsection J of20.11.61.20 NMAC,such distribution shallbe made as if the PALhad been adjusted.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsemissions will bedistributed and issue arevised permitincorporating allowablelimits for each emissionsunit, or each group ofemissions units, as thedepartment determinesis appropriate.(2) Each emissions unit(s) shallcomply with the allowableemission limitation on a 12-month rolling basis. Thedepartment may approve the useof monitoring systems (sourcetesting, emission factors, etc.)other than CEMS, CERMS,PEMS or CPMS to demonstratecompliance with the allowableemission limitation.(3) Until the department issues therevised permit incorporatingallowable limits for eachemissions unit, or each group ofemissions units, as requiredunder Subparagraph (b) ofParagraph (1) of Subsection I of20.11.61.20 NMAC, the sourceshall continue to comply with asource-wide, multi-unitemissions cap equivalent to thelevel of the PAL emissionlimitation.(4) Any physical change or changein the method of operation at themajor stationary source will be(b) The department shalldecide whether and howthe PAL allowableemissions will bedistributed and issue arevised permitincorporating allowablelimits for each emissionsunit, or each group ofemissions units, as thedepartment determinesis appropriate.(2) Each emissions unit(s) shallcomply with the allowableemission limitation on a 12-month rolling basis. Thedepartment may approve the useof monitoring systems (sourcetesting, emission factors, etc.)other than CEMS, CERMS,PEMS or CPMS to demonstratecompliance with the allowableemission limitation.(3) Until the department issues therevised permit incorporatingallowable limits for eachemissions unit, or each group ofemissions units, as requiredunder Subparagraph (b) ofParagraph (1) of Subsection I of20.11.61.20 NMAC, the sourceshall continue to comply with asource-wide, multi-unitemissions cap equivalent to thelevel of the PAL emissionlimitation.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementssubject to major new sourcereview requirements if suchchange meets the definition ofmajor modification in SubsectionII of 20.11.61.7 NMAC.(5) The major stationary sourceowner or operator shall continueto comply with any state orfederal applicable requirements(BACT, RACT, NSPS, etc.) thatmay have applied either duringthe PAL effectiveperiod or priorto the PAL effective periodexcept for those emissionlimitations that had beenestablished pursuant toSubsection D of 20.11.61.12NMAC, but were eliminated bythe PAL in accordance with theprovisions in Subparagraph (c) ofParagraph (2) of Subsection A of20.11.61.20 NMAC.(4) Any physical change or changein the method of operation at themajor stationary source or GHGonly source will be subject tomajor [new source review] NSRrequirements if such changemeets the definition of majormodification in Subsection II of20.11.61.7 NMAC.(5) The major stationary sourceowner or operator shall continueto comply with any state orfederal applicable requirements(BACT, RACT, NSPS, etc.) thatmay have applied either duringthe PAL effectiveperiod or priorto the PAL effective periodexcept for those emissionlimitations that had beenestablished pursuant toSubsection D of 20.11.61.12NMAC, but were eliminated bythe PAL in accordance with theprovisions in Subparagraph (c) ofParagraph (2) of Subsection A of20.11.61.20 NMAC.J. Renewal of a PAL.(1) The department shall follow theprocedures specified inSubsection E of 20.11.61.20NMAC in approving any requestto renew a PAL for a majorstationary source, and shallprovide both the proposed PALlevel and a written rationale forthe proposed PAL level to theJ. Renewal of a PAL.(1) The department shall follow theprocedures specified inSubsection E of 20.11.61.20NMAC in approving any requestto renew a PAL for a majorstationary source or a GHG-onlysource, and shall provide both theproposed PAL level and a writtenrationale for the proposed PALRevisions made to reflect regulatory revisionsrelated to GHG PALs promulgated by EPA on July3, 2012. Revisions are consistent with52.21(aa)(10).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementspublic for review and comment.During such public review, anyperson may propose a PAL levelfor the source for considerationby the department.(2)Application deadline.A majorstationary source owner oroperator shall submit a timelyapplication to the department torequest renewal of a PAL. Atimely application is one that issubmitted at least six monthsprior to, but not earlier than 18months from, the date of permitexpiration. This deadline forapplication submittal is to ensurethat the permit will not expirebefore the permit is renewed. Ifthe owner or operator of a majorstationary source submits acomplete application to renew thePAL within this time period, thenthe PAL shall continue to beeffective until the revised permitwith the renewed PAL is issued.(3)Application requirements.Theapplication to renew a PALpermit shall contain the followinginformation.(a) The informationrequired in Subsection Cof 20.11.61.20 NMAC.(b) A proposed PAL level.(c) The sum of the potentialto emit of all emissionsunits under the PAL,level to the public for review andcomment. During such publicreview, any person may proposea PAL level for the source forconsideration by the department.(2)Application deadline.A majorstationary source or GHG-onlysource owner or operator shallsubmit a timely application to thedepartment to request renewal ofa PAL. A timely application isone that is submitted at least sixmonths prior to, but not earlierthan 18 months from, the date ofpermit expiration. This deadlinefor application submittal is toensure that the permit will notexpire before the permit isrenewed. If the owner or operatorof a major stationary source orGHG-only source submits acomplete application to renew thePAL within this time period, thenthe PAL shall continue to beeffective until the revised permitwith the renewed PAL is issued.(3)Application requirements.Theapplication to renew a PALpermit shall contain the followinginformation.(a) The informationrequired in Subsection Cof 20.11.61.20 NMAC.(b) A proposed PAL level.(c) The sum of the potentialto emit of all emissionsExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementswith supportingdocumentation.(d) Any other informationthe owner or operatorwishes the department toconsider in determiningthe appropriate level forrenewing the PAL.(4)PAL adjustment.In determiningwhether and how to adjust thePAL, the department shallconsider the options outlined inSubparagraphs (a) and (b) ofParagraph (4) Subsection J of20.11.61.20 NMAC. However, inno case may any such adjustmentfail to comply with Subparagraph(c) of Paragraph 4 of SubsectionJ of 20.11.61.20 NMAC.(a) If the emissions levelcalculated in accordancewith Subsection F of20.11.61.20 NMAC isequal to or greater than80 percent of the PALlevel, the departmentmay renew the PAL atthe same level withoutconsidering the factorsset forth inSubparagraph (b) ofParagraph (4) ofSubsection J of20.11.61.20 NMAC; or(b) the department may setthe PAL at a level that itunits under the PAL,with supportingdocumentation.(d) Any other informationthe owner or operatorwishes the department toconsider in determiningthe appropriate level forrenewing the PAL.(4)PAL adjustment.In determiningwhether and how to adjust thePAL, the department shallconsider the options outlined inSubparagraphs (a) and (b) ofParagraph (4) Subsection J of20.11.61.20 NMAC. However, inno case may any such adjustmentfail to comply with Subparagraph(c) of Paragraph 4 of SubsectionJ of 20.11.61.20 NMAC.(a) If the emissions levelcalculated in accordancewith Subsection F of20.11.61.20 NMAC isequal to or greater than80 percent of the PALlevel, the departmentmay renew the PAL atthe same level withoutconsidering the factorsset forth inSubparagraph (b) ofParagraph (4) ofSubsection J of20.11.61.20 NMAC; orExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsdetermines to be morerepresentative of thesource's baseline actualemissions, or that itdetermines to beappropriate consideringair quality needs,advances in controltechnology, anticipatedeconomic growth in thearea, desire to reward orencourage the source'svoluntary emissionsreductions, or otherfactors as specificallyidentified by thedepartment in its writtenrationale.(c) NotwithstandingSubparagraphs (a) and(b) of Paragraph (4) ofSubsection J of20.11.61.20 NMAC: ifthe potential to emit ofthe major stationarysource is less than thePAL, the departmentshall adjust the PAL to alevel no greater than thepotential to emit of thesource; and thedepartment shall notapprove a renewed PALlevel higher than thecurrent PAL, unless themajor stationary source(b) the department may setthe PAL at a level that itdetermines to be morerepresentative of thesource's baseline actualemissions, or that itdetermines to beappropriate consideringair quality needs,advances in controltechnology, anticipatedeconomic growth in thearea, desire to reward orencourage the source'svoluntary emissionsreductions, or otherfactors as specificallyidentified by thedepartment in its writtenrationale.(c) NotwithstandingSubparagraphs (a) and(b) of Paragraph (4) ofSubsection J of20.11.61.20 NMAC:(i) if the potentialto emit of themajorstationarysource orGHG-onlysource is lessthan the PAL,the departmentshall adjust thePAL to a levelExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementshas complied with theprovisions of SubsectionK of 20.11.61.20NMAC.(5) If the compliance date for a stateor federal requirement thatapplies to the PAL source occursduring the PAL effective period,and if the department has notalready adjusted for suchrequirement, the PAL shall beadjusted at the time of PALpermit renewal or Title V permitrenewal, whichever occurs first.no greater thanthe potential toemit of thesource; and(ii) the departmentshall notapprove arenewed PALlevel higherthan thecurrent PAL,unless themajorstationarysource orGHG-onlysource hascomplied withthe provisionsof SubsectionK of20.11.61.20NMAC,Increasing aPAL duringthe PALeffectiveperiod.(5) If the compliance date for a stateor federal requirement thatapplies to the PAL source occursduring the PAL effective period,and if the department has notalready adjusted for suchrequirement, the PAL shall beadjusted at the time of PALExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementspermit renewal or Title V permitrenewal, whichever occurs first.K. Increasing a PAL during the PALeffective period.(1) The department may increase aPAL emission limitation only ifthe major stationary sourcecomplies with the followingprovisions.(a) The owner or operatorof the major stationarysource shall submit acomplete application torequest an increase inthe PAL limit for a PALmajor modification.Such application shallidentify the emissionsunit(s) contributing tothe increase in emissionsso as to cause the majorstationary source'semissions to equal orexceed its PAL.(b) As part of thisapplication, the majorstationary source owneror operator shalldemonstrate that thesum of the baselineactual emissions of thesmall emissions units,plus the sum of thebaseline actualemissions of thesignificant and majorK. Increasing a PAL during the PALeffective period.(1) The department may increase aPAL emission limitation only ifthe major stationary sourcecomplies with the followingprovisions.(a) The owner or operatorof the major stationarysource or GHG-onlysource shall submit acomplete application torequest an increase inthe PAL limit for a PALmajor modification.Such application shallidentify the emissionsunit(s) contributing tothe increase in emissionsso as to cause the majorstationary or GHG-onlysource's emissions toequal or exceed its PAL.(b) As part of thisapplication, the majorstationary source orGHG-only source owneror operator shalldemonstrate that thesum of the baselineactual emissions of thesmall emissions units,plus the sum of thebaseline actualRevisions made to reflect regulatory revisionsrelated to GHG PALs promulgated by EPA on July3, 2012. Revisions are consistent with52.21(aa)(11).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsemissions unitsassuming application ofBACT equivalentcontrols, plus the sum ofthe allowable emissionsof the new or modifiedemissions unit(s),exceeds the PAL. Thelevel of control thatwould result fromBACT equivalentcontrols on eachsignificant or majoremissions unit shall bedetermined byconducting a new BACTanalysis at the time theapplication is submitted,unless the emissions unitis currently required tocomply with a BACT orLAER requirement thatwas established withinthe preceding 10 years.In such a case, theassumed control levelfor that emissions unitshall be equal to thelevel of BACT or LAERwith which thatemissions unit mustcurrently comply.(c) The owner or operatorobtains a major newsource review permit forall emissions unit(s)emissions of thesignificant and majoremissions unitsassuming application ofBACT equivalentcontrols, plus the sum ofthe allowable emissionsof the new or modifiedemissions unit(s),exceeds the PAL. Thelevel of control thatwould result fromBACT equivalentcontrols on eachsignificant or majoremissions unit shall bedetermined byconducting a new BACTanalysis at the time theapplication is submitted,unless the emissions unitis currently required tocomply with a BACT orLAER requirement thatwas established withinthe preceding 10 years.In such a case, theassumed control levelfor that emissions unitshall be equal to thelevel of BACT or LAERwith which thatemissions unit mustcurrently comply.(c) The owner or operatorobtains a major [newExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsidentified inSubparagraph (a) ofParagraph (1) ofSubsection B of20.11.61.20 NMAC,regardless of themagnitude of theemissions increaseresulting from them, thatis, no significant levelsapply. These emissionsunit(s) shall complywith any emissionsrequirements resultingfrom the major newsource review process,for example, BACT,even though they havealso become subject tothe PAL or continue tobe subject to the PAL.(d) The PAL permit shallrequire that theincreased PAL levelshall be effective on theday any emissions unitthat is part of the PALmajor modificationbecomes operational andbegins to emit the PALpollutant.(2) The department shall calculatethe new PAL as the sum of theallowable emissions for eachmodified or new emissions unit,plus the sum of the baselinesource review] NSRpermit for all emissionsunit(s) identified inSubparagraph (a) ofParagraph (1) ofSubsection B of20.11.61.20 NMAC,regardless of themagnitude of theemissions increaseresulting from them, thatis, no significant levelsapply. These emissionsunit(s) shall complywith any emissionsrequirements resultingfrom the major [newsource review] NSRprocess, for example,BACT, even thoughthey have also becomesubject to the PAL orcontinue to be subject tothe PAL.(d) The PAL permit shallrequire that theincreased PAL levelshall be effective on theday any emissions unitthat is part of the PALmajor modificationbecomes operational andbegins to emit the PALpollutant.(2) The department shall calculatethe new PAL as the sum of theExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsactual emissions of thesignificant and major emissionsunits (assuming application ofBACT equivalent controls asdetermined in accordance withSubparagraph (b) of Paragraph(1) of Subsection K of20.11.61.20 NMAC), plus thesum of the baseline actualemissions of the small emissionsunits.(3) The PAL permit shall be revisedto reflect the increased PAL levelpursuant to the public noticerequirements of Subsection E of20.11.61.20 NMAC.allowable emissions for eachmodified or new emissions unit,plus the sum of the baselineactual emissions of thesignificant and major emissionsunits (assuming application ofBACT equivalent controls asdetermined in accordance withSubparagraph (b) of Paragraph(1) of Subsection K of20.11.61.20 NMAC), plus thesum of the baseline actualemissions of the small emissionsunits.(3) The PAL permit shall be revisedto reflect the increased PAL levelpursuant to the public noticerequirements of Subsection E of20.11.61.20 NMAC.L. Monitoring requirements for PALs.(1)General requirements.(a) Each PAL permit mustcontain enforceablerequirements for themonitoring system thataccurately determinesplantwide emissions ofthe PAL pollutant interms of mass per unit oftime. Any monitoringsystem authorized foruse in the PAL permitmust be based on soundscience and meetgenerally acceptablescientific procedures forL. Monitoring requirements for PALs.(1)General requirements.(a) Each PAL permit mustcontain enforceablerequirements for themonitoring system thataccurately determinesplantwide emissions ofthe PAL pollutant interms of mass per unit oftimeor CO2e per unit oftime. Any monitoringsystem authorized foruse in the PAL permitmust be based on soundscience and meetgenerally acceptableRevisions made to reflect regulatory revisionsrelated to GHG PALs promulgated by EPA on July3, 2012. Revisions are consistent with52.21(aa)(12).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsdata quality andmanipulation.Additionally, theinformation generatedby such system mustmeet minimum legalrequirements foradmissibility in ajudicial proceeding toenforce the PAL permit.(b) The PAL monitoringsystem must employ oneor more of the fourgeneral monitoringapproaches meeting theminimum requirementsset forth in Paragraph(2) of Subsection L of20.11.61.20 NMAC andmust be approved by thedepartment.(c) NotwithstandingSubparagraph (b) ofParagraph (1) ofSubsection L of20.11.61.20 NMAC,you may also employ analternative monitoringapproach that meetsSubparagraph (a) ofParagraph (1) ofSubsection L of20.11.61.20 NMAC ifapproved by thedepartment.scientific procedures fordata quality andmanipulation.Additionally, theinformation generatedby such system mustmeet minimum legalrequirements foradmissibility in ajudicial proceeding toenforce the PAL permit.(b) The PAL monitoringsystem must employ oneor more of the fourgeneral monitoringapproaches meeting theminimum requirementsset forth in Paragraph(2) of Subsection L of20.11.61.20 NMAC andmust be approved by thedepartment.(c) NotwithstandingSubparagraph (b) ofParagraph (1) ofSubsection L of20.11.61.20 NMAC,you may also employ analternative monitoringapproach that meetsSubparagraph (a) ofParagraph (1) ofSubsection L of20.11.61.20 NMAC ifapproved by thedepartment.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(d) Failure to use amonitoring system thatmeets the requirementsof 20.11.61.20 NMACrenders the PAL invalid.(2)Minimum performancerequirements for approvedmonitoring approaches.Thefollowing are acceptable generalmonitoring approaches whenconducted in accordance with theminimum requirements inParagraphs (3) through (9) ofSubsection L of 20.11.61.20NMAC:(a) mass balancecalculations foractivities using coatingsor solvents;(b) CEMS;(c) CPMS or PEMS; and(d) emission factors.(3)Mass balance calculations.Anowner or operator using massbalance calculations to monitorPAL pollutant emissions fromactivities using coating orsolvents shall meet the followingrequirements:(a) provide a demonstratedmeans of validating thepublished content of thePAL pollutant that iscontained in or createdby all materials used inor at the emissions unit;(d) Failure to use amonitoring system thatmeets the requirementsof 20.11.61.20 NMACrenders the PAL invalid.(2)Minimum performancerequirements for approvedmonitoring approaches.Thefollowing are acceptable generalmonitoring approaches whenconducted in accordance with theminimum requirements inParagraphs (3) through (9) ofSubsection L of 20.11.61.20NMAC:(a) mass balancecalculations foractivities using coatingsor solvents;(b) CEMS;(c) CPMS or PEMS; and(d) emission factors.(3)Mass balance calculations.Anowner or operator using massbalance calculations to monitorPAL pollutant emissions fromactivities using coating orsolvents shall meet the followingrequirements:(a) provide a demonstratedmeans of validating thepublished content of thePAL pollutant that iscontained in or createdby all materials used inor at the emissions unit;Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(b) assume that theemissions unit emits allof the PAL pollutantthat is contained in orcreated by any rawmaterial or fuel used inor at the emissions unit,if it cannot otherwise beaccounted for in theprocess; and(c) where the vendor of amaterial or fuel, whichis used in or at theemissions unit,publishes a range ofpollutant content fromsuch material, the owneror operator must use thehighest value of therange to calculate thePAL pollutant emissionsunless the departmentdetermines there is sitespecific data or a sitespecific monitoringprogram to supportanother content withinthe range.(4)CEMS.An owner or operatorusing CEMS to monitor PALpollutant emissions shall meet thefollowing requirements:(a) CEMS must complywith applicableperformancespecifications found in(b) assume that theemissions unit emits allof the PAL pollutantthat is contained in orcreated by any rawmaterial or fuel used inor at the emissions unit,if it cannot otherwise beaccounted for in theprocess; and(c) where the vendor of amaterial or fuel, whichis used in or at theemissions unit,publishes a range ofpollutant content fromsuch material, the owneror operator must use thehighest value of therange to calculate thePAL pollutant emissionsunless the departmentdetermines there is sitespecific data or a sitespecific monitoringprogram to supportanother content withinthe range.(4)CEMS.An owner or operatorusing CEMS to monitor PALpollutant emissions shall meet thefollowing requirements:(a) CEMS must complywith applicableperformancespecifications found inExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements40 CFR part 60,Appendix B; and(b) CEMS must sample,analyze, and record dataat least every 15 minuteswhile the emissions unitis operating.(5)CPMS or PEMS.An owner oroperator using CPMS or PEMSto monitor PAL pollutantemissions shall meet thefollowing requirements:(a) the CPMS or the PEMSmust be based oncurrent site-specific datademonstrating acorrelation between themonitored parameter(s)and the PAL pollutantemissions across therange of operation of theemissions unit; and(b) each CPMS or PEMSmust sample, analyze,and record data at leastevery 15 minutes, or atanother less frequentinterval approved by thedepartment, while theemissions unit isoperating.(6)Emission factors.An owner oroperator using emission factors tomonitor PAL pollutant emissionsshall meet the followingrequirements:40 CFR part 60,Appendix B; and(b) CEMS must sample,analyze, and record dataat least every 15 minuteswhile the emissions unitis operating.(5)CPMS or PEMS.An owner oroperator using CPMS or PEMSto monitor PAL pollutantemissions shall meet thefollowing requirements:(a) the CPMS or the PEMSmust be based oncurrent site-specific datademonstrating acorrelation between themonitored parameter(s)and the PAL pollutantemissions across therange of operation of theemissions unit; and(b) each CPMS or PEMSmust sample, analyze,and record data at leastevery 15 minutes, or atanother less frequentinterval approved by thedepartment, while theemissions unit isoperating.(6)Emission factors.An owner oroperator using emission factors tomonitor PAL pollutant emissionsshall meet the followingrequirements:Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(a) all emission factors shallbe adjusted, ifappropriate, to accountfor the degree ofuncertainty orlimitations in the factors'development;(b) the emissions unit shalloperate within thedesignated range of usefor the emission factor,if applicable; and(c) if technicallypracticable, the owner oroperator of a significantemissions unit that relieson an emission factor tocalculate PAL pollutantemissions shall conductvalidation testing todetermine a site-specificemission factor withinsix months of PALpermit issuance, unlessthe departmentdetermines that testing isnot required.(7) A source owner or operator mustrecord and report maximumpotential emissions withoutconsidering enforceable emissionlimitations or operationalrestrictions for an emissions unitduring any period of time thatthere is no monitoring data,unless another method for(a) all emission factors shallbe adjusted, ifappropriate, to accountfor the degree ofuncertainty orlimitations in the factors'development;(b) the emissions unit shalloperate within thedesignated range of usefor the emission factor,if applicable; and(c) if technicallypracticable, the owner oroperator of a significantemissions unit that relieson an emission factor tocalculate PAL pollutantemissions shall conductvalidation testing todetermine a site-specificemission factor withinsix months of PALpermit issuance, unlessthe departmentdetermines that testing isnot required.(7) A source owner or operator mustrecord and report maximumpotential emissions withoutconsidering enforceable emissionlimitations or operationalrestrictions for an emissions unitduring any period of time thatthere is no monitoring data,unless another method forExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsdetermining emissions duringsuch periods is specified in thePAL permit.(8) Notwithstanding therequirements in Paragraphs (3)through (7) of Subsection L of20.11.61.20 NMAC, where anowner or operator of anemissions unit cannotdemonstrate a correlationbetween the monitoredparameter(s) and the PALpollutant emissions rate at alloperating points of the emissionsunit, the department shall, at thetime of permit issuance:(a) establish defaultvalue(s) for determiningcompliance with thePAL based on thehighest potentialemissions reasonablyestimated at suchoperating point(s); or(b) determine that operationof the emissions unitduring operatingconditions when there isno correlation betweenmonitored parameter(s)and the PAL pollutantemissions is a violationof the PAL.(9)Revalidation.All data used toestablish the PAL pollutant mustbe revalidated throughdetermining emissions duringsuch periods is specified in thePAL permit.(8) Notwithstanding therequirements in Paragraphs (3)through (7) of Subsection L of20.11.61.20 NMAC, where anowner or operator of anemissions unit cannotdemonstrate a correlationbetween the monitoredparameter(s) and the PALpollutant emissions rate at alloperating points of the emissionsunit, the department shall, at thetime of permit issuance:(a) establish defaultvalue(s) for determiningcompliance with thePAL based on thehighest potentialemissions reasonablyestimated at suchoperating point(s); or(b) determine that operationof the emissions unitduring operatingconditions when there isno correlation betweenmonitored parameter(s)and the PAL pollutantemissions is a violationof the PAL.(9)Revalidation. All data used toestablish the PAL pollutant mustbe revalidated throughExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsperformance testing or otherscientifically valid meansapproved by the department.Such testing must occur at leastonce every five years afterissuance of the PAL.performance testing or otherscientifically valid meansapproved by the department.Such testing must occur at leastonce every five years afterissuance of the PAL.M. Recordkeeping requirements.(1) The PAL permit shall require anowner or operator to retain acopy of all records necessary todetermine compliance with anyrequirement of 20.11.61.20NMAC and of the PAL,including a determination of eachemissions unit's 12-month rollingtotal emissions, for five yearsfrom the date of such record.(2) The PAL permit shall require anowner or operator to retain acopy of the following records, forthe duration of the PAL effectiveperiod plus five years:(a) a copy of the PALpermit application andany applications forrevisions to the PAL;and(b) each annual certificationof compliance pursuantto 20.11.42 NMAC,Operating Permits andthe data relied on incertifying thecompliance.No Change No change to the existing SIP-approved language.N. Reporting and notificationrequirements.The owner or operatorN. Reporting and notificationrequirements.The owner or operatorRevisions made to reflect regulatory revisionsrelated to GHG PALs promulgated by EPA on JulyExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsshall submit semi-annual monitoringreports and prompt deviation reports to thedepartment in accordance with 20.11.42NMAC,Operating Permits. The reportsshall meet the following requirements.(1)Semi-annual report.The semiannual report shall be submittedto the department within 30 daysof the end of each reportingperiod. This report shall containthe following information.(a) The identification ofowner and operator andthe permit number.(b) Total annual emissions(tons/year) based on a12-month rolling totalfor each month in thereporting periodrecorded pursuant toParagraph (1) ofSubsection M of20.11.61.20 NMAC.(c) All data relied upon,including, but notlimited to, any qualityassurance or qualitycontrol data, incalculating the monthlyand annual PALpollutant emissions.(d) A list of any emissionsunits modified or addedto the major stationarysource during theshall submit semi-annual monitoringreports and prompt deviation reports to thedepartment in accordance with 20.11.42NMAC,Operating Permits. The reportsshall meet the following requirements.(1)Semi-annual report.The semiannual report shall be submittedto the department within 30 daysof the end of each reportingperiod. This report shall containthe following information.(a) The identification ofowner and operator andthe permit number.(b) Total annual emissions(expressed on a massbasis in tons/year, orexpressed in tpy CO2e)based on a 12-monthrolling total for eachmonth in the reportingperiod recordedpursuant to Paragraph(1) of Subsection M of20.11.61.20 NMAC.(c) All data relied upon,including, but notlimited to, any qualityassurance or qualitycontrol data, incalculating the monthlyand annual PALpollutant emissions.(d) A list of any emissionsunits modified or addedto the major stationary3, 2012. Revisions are consistent with52.21(aa)(14).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementspreceding six-monthperiod.(e) The number, duration,and cause of anydeviations or monitoringmalfunctions (other thanthe time associated withzero and spancalibration checks), andany corrective actiontaken.(f) A notification of ashutdown of anymonitoring system,whether the shutdownwas permanent ortemporary, the reasonfor the shutdown, theanticipated date that themonitoring system willbe fully operational orreplaced with anothermonitoring system, andwhether the emissionsunit monitored by themonitoring systemcontinued to operate,and the calculation ofthe emissions of thepollutant or the numberdetermined by methodincluded in the permit,as provided byParagraph (7) ofSubsection L of20.11.61.20 NMAC.source of GHG-onlysource during thepreceding six-monthperiod.(e) The number, duration,and cause of anydeviations or monitoringmalfunctions (other thanthe time associated withzero and spancalibration checks), andany corrective actiontaken.(f) A notification of ashutdown of anymonitoring system,whether the shutdownwas permanent ortemporary, the reasonfor the shutdown, theanticipated date that themonitoring system willbe fully operational orreplaced with anothermonitoring system, andwhether the emissionsunit monitored by themonitoring systemcontinued to operate,and the calculation ofthe emissions of thepollutant or the numberdetermined by methodincluded in the permit,as provided byParagraph (7) ofExisting State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(g) A signed statement bythe responsible officialas defined by 20.11.42.7NMAC certifying thetruth, accuracy, andcompleteness of theinformation provided inthe report.(2)Deviation report.The majorstationary source owner oroperator shall promptly submitreports of any deviations orexceedance of the PALrequirements, including periodswhere no monitoring is available.A report submitted pursuant to 40CFR 70.6(a)(3)(iii)(B) shallsatisfy this reporting requirement.The deviation reports shall besubmitted within the time limitsprescribed by the applicableprogram implementing 40 CFR70.6(a)(3)(iii)(B). The reportsshall contain the followinginformation:(a) the identification ofowner and operator andthe permit number;(b) the PAL requirementthat experienced thedeviation or that wasexceeded;(c) emissions resulting fromthe deviation or theexceedance; andSubsection L of20.11.61.20 NMAC.(g) A signed statement bythe responsible officialas defined by 20.11.42.7NMAC certifying thetruth, accuracy, andcompleteness of theinformation provided inthe report.(2)Deviation report.The majorstationary source or GHG-onlysource owner or operator shallpromptly submit reports of anydeviations or exceedance of thePAL requirements, includingperiods where no monitoring isavailable. A report submittedpursuant to 40 CFR70.6(a)(3)(iii)(B) shall satisfy thisreporting requirement. Thedeviation reports shall besubmitted within the time limitsprescribed by the applicableprogram implementing 40 CFR70.6(a)(3)(iii)(B). The reportsshall contain the followinginformation:(a) the identification ofowner and operator andthe permit number;(b) the PAL requirementthat experienced thedeviation or that wasexceeded;Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(d) a signed statement bythe responsible officialas defined by 20.11.42.7NMAC certifying thetruth, accuracy, andcompleteness of theinformation provided inthe report.(3)Revalidation results.The owneror operator shall submit to thedepartment the results of anyrevalidation test or method withinthree months after completion ofsuch test or method.(c) emissions resulting fromthe deviation or theexceedance; and(d) a signed statement bythe responsible officialas defined by 20.11.42.7NMAC certifying thetruth, accuracy, andcompleteness of theinformation provided inthe report.(3)Revalidation results. The owneror operator shall submit to thedepartment the results of anyrevalidation test or method withinthree months after completion ofsuch test or method.O. Transition requirements.(1) The department may not issue aPAL that does not comply withthe requirements of SubsectionsA through O of 20.11.61.20NMAC after the administratorhas approved regulationsincorporating these requirementsinto the SIP.(2) The department may supersedeany PAL which was establishedprior to the date of approval ofthe SIP by the administrator witha PAL that complies with therequirements of 20.11.61.20NMAC.O. Transition requirements.(1) The department may not issue aPAL that does not comply withthe requirements of SubsectionsA through O of 20.11.61.20NMAC after [the administratorhas approved regulationsincorporating these requirementsinto the SIP] March 3, 2003.(2) The department may supersedeany PAL which was establishedprior to [the date of approval ofthe SIP by the administrator]March 3, 2003 with a PAL thatcomplies with the requirementsof Subsections A through O of20.11.61.20 NMAC.Revisions made to reflect regulatory revisionsrelated to GHG PALs promulgated by EPA on July3, 2012. Revisions are consistent with52.21(aa)(15).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements20.11.61.23 EXCLUSIONS FROMINCREMENT CONSUMPTION:No Change No change to the existing SIP-approved language.A.Following a public hearing, the directormay exclude the following concentrationsin determining compliance with amaximum allowable increase:(1) concentrations attributable to theincrease in emissions fromstationary sources which haveconverted from the use ofpetroleum products, natural gas,or both by reason of an order ineffect under Section 2 (a) and (b)of the Energy Supply andEnvironmental Coordination Actof 1974 (or any supersedinglegislation), over the emissionsfrom such sources before theeffective date of such an order;(2) concentrations attributable to theincrease in emissions fromsources which have convertedfrom using natural gas by reasonof natural gas curtailment plan ineffect pursuant to the FederalPower Act, over the emissionsfrom such sources before theeffective date of such plan;(3) concentrations of particulatematter attributable to the increasein emissions from construction orother temporary emission-relatedactivities of new or modifiedsources;(4) the increase in concentrationsattributable to new sourcesNo Change No change to the existing SIP-approved language.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsoutside the United States over theconcentrations attributable toexisting sources which areincluded in the baselineconcentration; and(5) concentrations attributable to thetemporary increase in emissionsof sulfur dioxide, particulatematter, or nitrogen oxides fromstationary sources which areaffected by plan revisionsapproved by the administrator asmeeting the criteria specified inSubsection D of 20.11.61.23NMAC.B.If the plan provides that the concentrationsto which Paragraph (1) or (2) ofSubsection A of 20.11.61.23 NMACrefers, shall be excluded, it shall alsoprovide that no exclusion of suchconcentrations shall apply more than fiveyears after the effective date of the orderto which Paragraph (1) of Subsection A of20.11.61.23 NMAC refers, or the plan towhich Paragraph (2) of Subsection A of20.11.61.23 NMAC refers, whichever isapplicable. If both such order and plan areapplicable, no such exclusion shall applymore than five years after the later of sucheffective dates.No Change No change to the existing SIP-approved language.C.[Reserved] No Change No change tothe existing SIP-approved language.D.For purposes of excluding concentrationspursuant to Paragraph (5) of Subsection Aof 20.11.61.23 NMAC, the administratormay approve a plan revision that:D.For purposes of excluding concentrationspursuant to Paragraph (5) of Subsection Aof 20.11.61.23 NMAC, the administratormay approve a plan revision that:Acronym was added.Non-substantive changes; approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements(1) specifies the time over which thetemporary emissions increase ofsulfur dioxide, particulate matter,or nitrogen oxides would occursuch time is not to exceed 2 yearsin duration unless a longer time isapproved by the administrator.(2) specifies that the time period forexcluding certain contributions inaccordance with Paragraph (1) ofSubsection D of 20.11.61.23NMAC, is not renewable;(3) allows no emissions increasefrom a stationary source whichwould:(a) impact a class I area oran area where anapplicable increment isknown to be violated; or(b) cause or contribute tothe violation of anational ambient airquality standard;(4) requires limitations to be in effectthe end of the time periodspecified in accordance withParagraph (1) of Subsection D of20.11.61.23 NMAC, whichwould ensure that the emissionslevels from stationary sourcesaffected by the plan revisionwould not exceed those levelsoccurring from such sourcesbefore the plan revision wasapproved.(1) specifies the time over which thetemporary emissions increase ofsulfur dioxide, particulate matter,or nitrogen oxides would occursuch time is not to exceed 2 yearsin duration unless a longer time isapproved by the administrator.(2) specifies that the time period forexcluding certain contributions inaccordance with Paragraph (1) ofSubsection D of 20.11.61.23NMAC, is not renewable;(3) allows no emissions increasefrom a stationary source whichwould:(a) impact a class I area oran area where anapplicable increment isknown to be violated; or(b) cause or contribute tothe violation of a[national ambient airquality standard]NAAQS;(4) requires limitations to be in effectthe end of the time periodspecified in accordance withParagraph (1) of Subsection D of20.11.61.23 NMAC, whichwould ensure that the emissionslevels from stationary sourcesaffected by the plan revisionwould not exceed those levelsoccurring from such sourcesbefore the plan revision wasapproved.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements20.11.61.24 SOURCES IMPACTINGFEDERAL CLASS I AREAS – ADDITIONALREQUIREMENTS:No Change No change to the existing SIP-approved language.A. Notice to EPA.The department shalltransmit to the administrator and thefederal land manager a copy of eachpermit application relating to a majorstationary source or major modificationproposing to locate within 100 kilometersof any federal class I area. The completepermit application shall be transmittedwithin 30 days of receipt and 60 days priorto any public hearing on the application.The department shall include all relevantinformation in the permit application.Relevant information shall include ananalysis of the proposed source'santicipated impacts on visibility in thefederal class I area. The department shallconsult with all affected federal landmanagers as to the completeness of thepermit application and shall consider anyanalysis performed by the federal landmanager concerning the impact of theproposed major stationary source or majormodification on air quality related values(AQRV). This consideration shall includevisibility, if such analysis is receivedwithin 30 days after the federal landmanager receives a copy of the completeapplication. Additionally, the departmentshall notify any affected federal landmanager within 30 days from the date theA. Notice to EPA.The department shalltransmit to the administrator and thefederal land manager a copy of eachpermit application relating to a majorstationary source or major modificationproposing to locate within 100 kilometersof any federal class I area. The completepermit application shall be transmittedwithin 30 days of receipt and 60 days priorto any public hearing on the application.The department shall include all relevantinformation in the permit application.Relevant information shall include ananalysis of the proposed source'santicipated impacts on visibility in thefederal class I area. The department shallconsult with all affected federal landmanagers as to the completeness of thepermit application and shall consider anyanalysis performed by the federal landmanager concerning the impact of theproposed major stationary source or majormodification on [air quality related values(]AQRV[)]. This consideration shallinclude visibility, if such analysis isreceived within 30 days after the federalland manager receives a copy of thecomplete application. Additionally, thedepartment shall notify any affectedfederal land manager within 30 days fromAcronyms were added.Non-substantive changes; approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsdepartment receives a request for apreapplication meeting from a proposedsource subject to 20.11.61 NMAC. Noticeshall be provided to the administrator andfederal land manager of every actionrelated to the consideration of such permit.The department shall also provide thefederal land manager and theadministrator with a copy of thepreliminary determination required under20.11.61.21 NMAC and shall makeavailable to them any materials used inmaking that determination. In any casewhere the department disagrees with thefederal land manager's analysis of sourceimpact on air quality related values, thedepartment shall, either explain itsdecision or give notice to the federal landmanager as to where the explanation canbe obtained. In the case where thedepartment disagrees with the federal landmanagers' analysis, the department willalso explain its decision or give notice tothe public by advertisement in anewspaper of general circulation in thearea in which the proposed source wouldbe constructed, as to where the decisioncan be obtained.the date the department receives a requestfor a preapplication meeting from aproposed source subject to 20.11.61NMAC. Notice shall be provided to theadministrator and federal land manager ofevery action related to the consideration ofsuch permit. The department shall alsoprovide the federal land manager and theadministrator with a copy of thepreliminary determination required under20.11.61.21 NMAC and shall makeavailable to them any materials used inmaking that determination. In any casewhere the department disagrees with thefederal land manager's analysis of sourceimpact on [air quality related values]AQRV, the department shall, eitherexplain its decision or give notice to thefederal land manager as to where theexplanation can be obtained. In the casewhere the department disagrees with thefederal land managers' analysis, thedepartment will also explain its decisionor give notice to the public byadvertisement in a newspaper of generalcirculation in the area in which theproposed source would be constructed, asto where the decision can be obtained.B.The department shall transmit to airquality control agencies of neighboringstates and Indian governing bodies a copyof each permit application having thepotential to affect federal class I areas orincrement consumption in areas undertheir jurisdiction. The department shallalso provide the affected air qualityNo Change No change to the existing SIP-approved language.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementscontrol agencies and Indian governingbodies with a copyof the preliminarydetermination required under 20.11.61.21NMAC and shall make available to themany materials used in making thatdetermination. The department shallinclude a provision for a 60 day commentperiod for the federal land managersbefore any public hearing on a permitapplication is held.C.Federal land managers may demonstrateto the department that emissions from aproposed source or modification wouldhave an adverse impact on air qualityrelated values, including visibility, of anyfederal class I lands under theirjurisdiction. This may be done eventhough the change in air quality resultingfrom emissions from the proposed sourceor modification would not cause orcontribute to concentrations which wouldexceed the maximum allowable increasesfor a federal class I area. If the departmentconcurs with this demonstration, then thesource shall not be issued a permit.C. Denial – impact on AQRV:TheFederalland [managers] manager of any suchlands may demonstrate to the departmentthat the emissions from a proposed sourceor modification would have an adverseimpact on [air quality related values] theAQRV, including visibility, of [anyfederal class I] those lands [under theirjurisdiction. This may be done eventhough] notwithstandingthat the change inair quality resulting from emissions from[the] such proposed source ormodification would not cause orcontribute to concentrations which wouldexceed the maximum allowable increasesfor a federal class I area. If the departmentconcurs with [this] such demonstration,then the source shall not be issued apermit.Language revised to be more consistent with thefederal provisions found in 40 CFR 51.166(p)(3).Revisions are approvable.D. Class I waivers:The owner or operator ofa proposed source or modification maydemonstrate to the federal land managerthat the emissions from a proposed sourceor modification would have no adverseimpact on air quality related values,including visibility, of federal class I areaD. Class I waivers:The owner or operator ofa proposed source or modification maydemonstrate to the federal land managerthat the emissions from [a] such proposedsource or modification would have noadverse impact on [air quality relatedvalues] the AQRV of any such lands,Language revised to be more consistent with thefederal provisions found in 40 CFR 51.166(p)(4).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirementsunder his or her jurisdiction. This may bedone even though the change in air qualityresulting from emissions from such sourceor modification would cause or contributeto concentrations which would exceed themaximum allowable increases for afederal class I area. If the federal landmanager concurs with such demonstrationand so certifies to the department, thedepartment may grant a waiver from suchmaximum allowable increases. Emissionlimitations must be included in the permitas necessary to assure that emissions ofsulfur dioxide, particulate matter, andoxides of nitrogen would not exceed themaximum allowable increases over minorsource baseline concentrations shown inTable 5 of 20.11.61.30 NMAC.including visibility, [of federal class I areaunder his or her jurisdiction. This may bedone even though] notwithstanding thatthe change in air quality resulting fromemissions from such source ormodification would cause or contribute toconcentrations which would exceed themaximum allowable increases for afederal class I area. If the federal landmanager concurs with such demonstrationand so certifies to the department, thedepartment may [grant a waiver from suchmaximum allowable increases]; providedthat the applicablerequirements areotherwise met, issue the permit with suchemission limitations [must be included inthe permit] as may be necessary to assurethat emissions of sulfur dioxide,[particulate matter,] PM2.5, PM10 andoxides of nitrogen would not exceed themaximum allowable increases over minorsource baseline concentrations for suchpollutants, as shown in Table 5 of20.11.61.30 NMAC.E.For the case where the federal landmanager does not perform an impactanalysis with respect to visibilityimpairment in a federal class I area, thedepartment may perform such an analysis.The department shall not issue the sourcea permit if the department determines thatan adverse impact on visibility wouldoccur. The adverse impact must be due,primarily, to the operation of the proposedsource or modification.No Change No change to the existing SIP-approved language.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal RequirementsF. Sulfur dioxide waiver by governor withFLM concurrence:The owner oroperator of a proposed major stationarysource or major modification, whichcannot be approved under Subsection D of20.11.61.23 NMAC, may demonstrate tothe governor that the source cannot beconstructed by reasonof an exceedance ofa maximum allowable increase for afederal class I area for sulfur dioxide for aperiod of 24 hours or less. The owner oroperator may also demonstrate that awaiver from this requirement would notadversely affect the air quality relatedvalues of the federal class I area. Thegovernor, after consideration of the federalland manager's recommendation andsubject to his concurrence, may, afternotice and public hearing, grant a waiverfrom such maximum allowable increase. Ifthe waiver is granted, the department shallissue a permit to the owner or operator ofthe source or modification. Any owner oroperator of a source or modification whoobtains a permit under 20.11.61 NMACshall comply with sulfur dioxideemissions limitations. These limitations donot allow increases of ambientconcentrations, above the baselineconcentration, to exceed the levels foundin Table 6 of 20.11.61.31 NMAC forperiods of 24 hours or less for more than18 days, not necessarily consecutive, inany annual period.F. Sulfur dioxide waiver by governor withFLM concurrence:The owner oroperator of a proposed major stationarysource or major modification, whichcannot be approved under Subsection D of[20.11.61.23] 20.11.61.24 NMAC, maydemonstrate to the governor that thesource or modification cannot beconstructed by reason of [an exceedanceof a] any maximum allowable increase for[a federal class I area for] sulfur dioxidefor a period of 24 hours or less[. Theowner or operator may also demonstrate]applicable to any class I area and in thecase of federal mandatory class I areas,that a waiver from this requirement wouldnot adversely affect the [air quality relatedvalues] AQRV of the [federal class I] area(including visibility). The governor, afterconsideration of the federal landmanager's recommendation (if any) andsubject to his concurrence, may, afternotice and public hearing, grant a waiverfrom such maximum allowable increase. Ifthe waiver is granted, the department shallissue a permit to the owner or operator ofthe source or modification. Any owner oroperator of a source or modification whoobtains a permit under 20.11.61 NMACshall comply with sulfur dioxideemissions limitations. These limitations donot allow increases of ambientconcentrations, above the baselineconcentration, to exceed the levels foundin Table 6 of 20.11.61.31 NMAC forperiods of 24 hours or less for more thanLanguage revised to be more consistent with thefederal provisions found in 40 CFR 51.166(p)(5).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements18 days, not necessarily consecutive, inany annual period.G. Sulfur dioxide waiver by governor withthe president's concurrence.In any casewhere the governor recommends a waiverin which the federal land manager doesnot concur, the recommendations of thegovernor and the federal land managershall be transmitted to the presidentthrough the office of the governor. If thepresident so directs, the department shallissue the permit. Any source ormodification that obtains a permit under20.11.61 NMAC shall comply with sulfurdioxide emissions limitations. Theselimitations do not allow increases inambient concentrations, above thebaseline concentration, to exceed thelevels found in Table 6 of 20.11.61.31NMAC for periods of 24 hours or less formore than 18 days, not necessarilyconsecutive, in any annual period.G. Sulfur dioxide waiver by governor withthe president's concurrence.In any casewhere the governor recommends a waiverin which the federal land manager doesnot concur, the recommendations of thegovernor and the federal land managershall be transmitted to the presidentthrough the office of the governor. [If thepresident so directs,] The president mayapprove the governor’s recommendation ifhe finds that the waiver is in the nationalinterest. If the waiver is approved, thedepartment shall issue the permit. Anysource or modification that obtains apermit under 20.11.61 NMAC shallcomply with sulfur dioxide emissionslimitations. These limitations do not allowincreases in ambient concentrations, abovethe baseline concentration, to exceed thelevels found in Table 6 of 20.11.61.31NMAC for periods of 24 hours or less formore than 18 days, not necessarilyconsecutive, in any annual period.Language revised to be more consistent with thefederal provisions found in 40 CFR 51.166(p)(6).Revisions are approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements20.11.61.27 TABLE 2 - SIGNIFICANTEMISSION RATES:No Change No change to the existing SIP-approved language.POLLUTANT EMISSION RATE(TONS/YR)POLLUTANT EMISSION RATE(TONS/YR)Acronym was added.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal RequirementsCarbon Monoxide 100Fluorides 3Lead 0.6Municipal wastecombustor:Acid gases (measuredas sulfur dioxide andhydrogen chloride)40 (36megagrams/year)Metals (measured asparticulate matter)15 (14megagrams/year)Organics (measured astotal tetra- throughocta-chlorinateddibenzo-p-dioxins anddibenzofurans)0.0000035 (0.0000032megagrams/year)Municipal solid wastelandfill emissions(measured as NMOC)50 (45megagrams/year)Nitrogen oxides 40Ozone 40 VOC or NOxParticulate Matter:Particulate matteremissions25PM10 emissions 15PM2.5 emissions 10 tpy of direct PM2.5emissions; 40 tpy ofsulfur dioxideemissions; 40 tpy ofnitrogen oxideemissions unlessdemonstrated not to bea PM2.5 precursorunder Subsection WWof 20.11.61.7 NMAC.Sulfur compoundsCarbon Monoxide 100Fluorides 3Lead 0.6Municipal wastecombustor:Acid gases (measuredas sulfur dioxide andhydrogen chloride)40 (36megagrams/year)Metals (measured asparticulate matter)15 (14megagrams/year)Organics (measured astotal tetra- throughocta-chlorinateddibenzo-p-dioxins anddibenzofurans)0.0000035 (0.0000032megagrams/year)Municipal solid wastelandfill emissions(measured as NMOC)50 (45megagrams/year)Nitrogen oxides 40Ozone 40 VOC or NOxParticulate Matter:Particulate matteremissions25PM10 emissions 15PM2.5 emissions 10 tpy of direct PM2.5emissions; 40 tpy ofsulfur dioxideemissions; 40 tpy ofnitrogen oxideemissions unlessdemonstrated not to bea PM2.5 precursorunder Subsection WWof 20.11.61.7 NMAC.Sulfur compoundsNon-substantive changes; approvable.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal RequirementsHydrogen sulfide(H2S)10Reduced sulfurcompounds (incl.H2S)10Sulfur dioxide 40Sulfuric acid mist 7Total reduced sulfur(incl. H2S)10Any other regulatednew source reviewpollutant that is notlisted in this tableAny emission rateEach regulatedpollutantEmission rate or netemissions increaseassociated with amajor stationarysource or majormodification thatcauses an air qualityimpact of onemicrogram per cubicmeter or greater (24-hraverage) in any Class IFederal area locatedwithin 10 km of thesource.Hydrogen sulfide(H2S)10Reduced sulfurcompounds (incl.H2S)10Sulfur dioxide 40Sulfuric acid mist 7Total reduced sulfur(incl. H2S)10Any other regulated[new sourcereview]NSR pollutantthat is not listed in thistableAny emission rateEach regulatedpollutantEmission rate or netemissions increaseassociated with amajor stationarysource or majormodification thatcauses an air qualityimpact of onemicrogram per cubicmeter or greater (24-hraverage) in any Class IFederal area locatedwithin 10 km of thesource.Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements20.11.61.29 TABLE 4 - ALLOWABLE PSDINCREMENTS:No Change No change to the existing SIP-approved language.Pollutant Maximum allowableincrease(micrograms percubic meter)(g/m3)ClassIClassIIClassIIINitrogen DioxideAnnualarithmetic mean 2.5 25 50ParticulateMatterPM10, annualarithmetic meanPM10, 24-hourmaximum48a1730a3460aSulfur DioxideAnnualarithmetic mean24-hourmaximum3-hour maximum25a25a2091a512a40182a700aa– Not to be exceeded more than once a yearPollutant Maximum allowableincrease(micrograms percubic meter)(g/m3)ClassIClassIIClassIIINitrogen DioxideAnnualarithmetic mean 2.5 25 50ParticulateMatterPM2.5, annualarithmetic meanPM2.5, 24-hourmaximumPM10, annualarithmetic meanPM10, 24-hourmaximum1248a491730a8183460aSulfur DioxideAnnualarithmetic mean24-hourmaximum3-hour maximum25a25a2091a512a40182a700aa– Not to be exceeded more than once a yearRevisions made to reflect regulatory revisionspromulgated by EPA on October 20, 2010.Revisions consistent with 40 CFR 51.166(c)(1).Revisions are approvable.EPA notes that 40 CFR 51.166(c)(1) does providethat the PM2.5 24-hour maximum ambient airincrement may be exceededduring one such periodper year at any one location. Whereas, 20.11.61.29Table 4 does not allow for this exceedance.However, EPA can move forward and approve theproposed revisions as they are more stringent thanthe federal requirements in 40 CFR 51.166(c)(1).Existing State Implementation PlanApproved by EPA on September 19, 201277 FR 58032Revisions to 20.2.61 NMAC Submitted July 26,2013Adopted on April 10, 2013, Effective May 13,2013Analysis and Evaluation Against ApplicableFederal Requirements20.11.61.30 TABLE 5 - MAXIMUMALLOWABLE INCREASES FOR CLASS IVARIANCES:No Change No change to the existing SIP-approved language.Pollutant Maximum allowableincrease(microgramsper cubic meter)(g/m3)Nitrogen DioxideAnnual arithmeticmean25Particulate MatterPM10, annualarithmetic meanPM10, 24-hourmaximum1730Sulfur DioxideAnnual arithmeticmean24-hour maximum3-hour maximum2091325Pollutant Maximum allowableincrease(microgramsper cubic meter)(g/m3)Nitrogen DioxideAnnual arithmeticmean25Particulate MatterPM2.5, annualarithmetic meanPM2.5, 24-hourmaximumPM10, annualarithmetic meanPM10, 24-hourmaximum491730Sulfur DioxideAnnual arithmeticmean24-hour maximum3-hour maximum2091325Revisions made to reflect regulatory revisionspromulgated by EPA on October 20, 2010.Revisions are consistent with 40 CFR51.166(p)(4).Revisions are approvable.

# C. Evaluation of the July 26, 2013 and Ma rch 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 subm itted 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 re asonable further progress (as defined in

section 171), or any other applicab le requirement of this Act.

Thus, under section 110(l), the July 2 6, 2013 and March 4, 2015 SIP submittals

containing proposed revisions to the Al buquerque 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-Bernalil lo County Air Quality Control Board to

implement the 2006 PM 2.5 

# NAAQS. Thus, these revisions are required to adequately

implement the Albuquerque PSD permitting prog ram consistent with EPA regulations

and the CAA. Therefore, because the J une 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 applic able requirement concerning attainment and

reasonable further progress, or any othe r 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 furt her progress, or any other applicable

requirement of the CAA.

# IV. Conclusion

The technical analysis provided in the preceding s ections 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 C AA, 40 CFR Part 51.166, and 40 CFR 52.21, as

applicable. Further, the 2013 SIP revisions are necessary to implement the 2006 PM 2.5 

# 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 re visions 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.