This document contains only the cover letter and the

amendments to New Mexico Albuquerque/Bernalillo County

Part 61 (20.11.61 NMAC), Prevention of Significant

Deterioration, adopted by the Albuquerque Air Quality

Control Board effective May 15, 2006, and submitted to EPA

May 24, 2006.  The entire submittal is available in

Regulations.gov docket EPA‐R06‐OAR‐2006‐0568, documents

EPA‐R06‐OAR‐2006‐0568‐0002 and EPA‐R06‐OAR‐2006‐0568‐

0003.  Parts 60 and 61 adopted by the Albuquerque Air

Quality Control Board effective December 14, 2005 in the

submittal were approved by EPA April 26, 2007 (72 FR 20728).
Bill bchardson 

Governor 

State of New Mexico 

Oflice of the Guvmor 

May 24,2006 

Mr. Richard E. Greene, Regional Administrator 

U.S. Environmental Protection Agency, Region VI 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

SUBJECT: Request for approval of revision to the State Implementation Plan for air quality 

through the repeal and replacement of 20.11.60 NMAC, Permitting in 

Nonattainment Areas, and 20.11.61 NMAC, Prevention of Significant Deterioration 

Dear Mr. Greene, 

As provided by 40 CFR Part 51, Appendix V, I am writing to request approval of the attached 

documentation, which will serve as the basis for two related revisions to the State Implementation Plan 

(SIP) for New Mexico. Specifically, I am transmitting the locally-adopted repeal and replacemeilt of 

20.1 1.60 NMAC, Permitting in Nonattainment Areas, and 20.11.61 NMAC, Prevention of Significant 

Deterioration, which apply to Bemalillo County, New Mexico. 'Ilese local revisions were required by 

EPA to comply with changes made to the federal New Source Review program by EPA. 

The Albuquerque-Bemalillo County Air Quality Control Board (AQCB) repealed and replaced 20.1 1.60 

NMAC, Permitting in Nonattainment Areas, and 20.11.61 NMAC, Preventioil of Significant 

Deterioration, on December 14, 2005, after a public comment period and corresponding public hearing 

held on December 14,2005. The regulation was then tiled with the New Mexico State Records Center on 

December 22, 2005, and became effective locally on January 23, 2006. In addition, on April 12, 2006, 

the AQCB moved to correct typographical errors found in the original filing of 20.11.61 NhfAC, 

Prevention of Significant Deterioration. We believe that the submitted materials provide adequate 

documentation to support the requested SIP revisions. These SIP revisions will involve replacing the 

versions of 20.1 1.60 NMAC, Emitting: in Nonattainment Areas. and 20.1 1.61 NMAC, Prevention of 

Significant Deterioration, that were approved by EPA on December 21, 1993, and which became effective 

on January 20, 1994 [FK Vol. 58, No. 243, 67326-673341, with the new regulations recently adopted by 

the AQCB. 

State Capitol Room 400 Santa Fe, New Medco 87501 505-476-2200 wwwgover;1or.state.mI.us 
Mr. Richard E. Greene 

April 3,2006 

Page 2 

To facilitate your review and processing, the following materials are enclosed: 

1) SIP Completeness Checklist pursuant to 40 CFR 5 1, Appendix V 

2) Hearing record, including transcript and exhibits 

3) Comments received, if any 

4) The final AQCB-adopted regulations, 20.1 1.60 NMAC, Permitting; in Nonattainment 

Areas and 20.11.61 MAC, Prevention of Significant Deterioration, proposed for -7 

incorporation into the SIP 

5) Other supporting documentation 

Your favorable consideration of this request is appreciated. If you have any questions, please contact 

Alfredo Santistevan, Director of the Albuquerque Environmental Health Department (EHD), at (505) 768- 

2600. 

Sincerely, 

&- i Richardson 

Governor 

State of New Mexico 

cc: Alfredo Santistevan, Director, Albuquerque Environmental Health Department 

Margaret Nieto, Control Strategies Supervisor, Albuquerque Air Quality Division 

Mary Uhl, Chief, Air Quality Bureau, NM Environment Department 

Enclosures 
Attachment E 

Copy of changes made to correct 20.11.61 NMAC, Prevention of 

Sip'ficant Deterioration, as filed with the NMSRC on April 13,2006. 
This is an amendment to 20.11.61 NMAC, Sections 7; 28 and 29, effective 5/15/06. 

20.11.61.7 DEFINITIONS: In addition to the definitions in 20.1 1.61 NMAC, the definitions in 20.1 1.1 

NMAC, General Provisions, shall apply unless there is a conflict between definitions, in which case the definition in 

20.1 1.6 1 NMAC shall govern. 

A. "Act" means the federal Clean Air Act, as amended, 42 U. S. C. Sections 7401 et seq. 

B. "Actual emissions" means the actual rate of emissions of a regulated new source review pollutant 

from an emissions unit, as determined in accordance with Paragraphs (2) through (4) of Subsection B of 20.1 1.6 1.7 

NMAC. 

(1) This definition shall not apply for calculating whether a significant emissions increase has 

occurred, or for establishing a PAL under 20.1 1.61.20 NMAC. Instead, Subsections I and UU of 20.1 1.61.7 NMAC 

shall apply for those purposes. 

(2) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at 

which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular 

date and which is representative of normal source operation. The department shall allow the use of a different time 

period upon a determination that it is more representative of normal source operation. Actual emissions shall be 

calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or 

combusted during the selected time period. 

(3) The department may presume that source-specific allowable emissions for the unit are equivalent 

to the actual emissions of the unit. 

(4) For any emissions unit that has not begun normal operations on the particular date, actual 

emissions shall equal the potential to emit of the unit on that date. 

C. "Administrator" means the administrator of the U.S. environmental protection agency (EPA) or 

an authorized representative. 

D. "Adverse impact on visibility" means visibility impairment which interferes with the 

management, protection, preservation, or enjoyment of the visitor's visual experience of the federal class I area. 

This determination must be made on a case-by-case basis talung into account the geographic extent, intensity, 

duration, fkequency, and time of the visibility impairments and how these factors correlate with the following: 

(1) Times of visitor use of the federal class I area; and 

(2) The fkequency and timing of natural conditions that reduce visibility. This term does not include 

effects on integral vistas as defined in 40 CFR 5 1.30 1 Definitions. 

E. "Air quality related values (AQRV)" means visibility and other scenic, cultural, physical, 

biological, ecological, or recreational resources which may be affected by a change in air quality resulting fkom the 

emissions of a proposed major stationary source or major modification that interferes with the management, 

protection, preservation, or enjoyment of the air quality related values of a federal class I area. 

F. "Allowable emissions" means the emissions rate of a stationary source calculated using the 

maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the 

operating rate, or hours of operation, or both) and the most stringent of the following: 

(1) The applicable standards as set forth in 40 CFR Parts 60 and 61; 

(2) The applicable state implementation plan emissions limitation, including those with a future 

compliance date; or 

(3) The emissions rate specified as a federally enforceable pennit condition, including those with a 

future compliance date. 

G. "Associated Emission Sources" means secondary emissions and all reasonably foreseeable 

emissions of regulated pollutants fkom the growth of general residential, commercial, industrial, governmental 

emission sources and other mobile and non-mobile emission sources which are associated with and/or support the 

proposed new major stationary source or major modification. Other mobile and non-mobile emission sources shall 

include, but not be limited to, new hghways and roads or improvements to existing highways and roads to increase 

capacity, new parking facilities or improvements to existing parking facilities to increase capacity, service 

enhancements to ground and air public transportation to include the building of new public transportation facilities 

or improvements to existing public transportation facilities to increase capacity; and the building of new public or 

private educational facilities or improving existing public or private educational facilities to increase enrollment. 

H. "Attainment area" means, for any air pollutant, an area which is shown by monitored data or 

which is calculated by air quality modeling not to exceed any national ambient air quality standard for such 

pollutant, and is so designated under Section 107(d)(l)@) or (E) of the Act. 

20.1 1.61 NMAC 
I. "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated new 

source review pollutant, as determined in accordance with the following. - 

(lj For any existing electric utility steam generating unit, baseline actual emissions means the 

average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month 

period selected by the owner or operator within the five year period immediately preceding when the owner or 

operator begins actual construction of the project. The department shall allow the use of a different time period 

upon a determination that it is more representative of normal source operation. 

(a) The average rate shall include hgitive emissions to the extent quantifiable, and emissions 

associated with startups, shutdowns, and malfunctions. 

(b) The average rate shall be adjusted downward to exclude any non-compliant emissions that 

occurred while the source was operating above an emission limitation that was legally enforceable during the 

consecutive 24-month period. 

(c) For a regulated new source review pollutant, when a project involves multiple emissions 

units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the 

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source 

review pollutant. 

(d) The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

by Subparagraph (b) of Paragraph (1) of Subsection I of 20.1 1.61.7 NMAC. 

(2) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual 

emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during 

any consecutive 24-month period selected by the owner or operator within the 10 year period immediately preceding 

either the date the owner or operator begins actual construction of the project, or the date a complete permit 

application is received by the department for a permit required either under 20.1 1.61 NMAC or under a plan 

approved by the administrator, whichever is earlier, except that the 10 year period shall not include any period 

earlier than November 15, 1990. 

(a) The average rate shall include hgitive emissions to the extent quantifiable, and emissions 

associated with startups, shutdowns, and malfunctions. 

(b) The average rate shall be adjusted downward to exclude any non-compliant emissions that 

occurred while the source was operating above an emission limitation that was legally enforceable during the 

consecutive 24-month period. 

(c) The average rate shall be adjusted downward to exclude any emissions that would have 

exceeded an emission limitation with which the major stationary source must currently comply, had such major 

stationary source been required to comply with such limitations during the consecutive 24-month period. However, 

if an emission limitation is part of a maximum achievable control technology standard that the administrator 

proposed or promulgated under 40 CFR part 63, the baseline actual emissions need only be adjusted if the state has 

taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the 

requirements of 40 CFR 5 l.l65(a)(3)(ii)(G). 

(d) For a regulated new source review pollutant, when a project involves multiple emissions 

units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the 

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source 

review pollutant. 

(e) The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, and for adjusting th~s amount if required 

by Subparagraphs (b) and (c) of Paragraph (2) of Subsection I of 20.1 1.6 1.7 NMAC. 

(3) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions 

increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for 

all other purposes, shall equal the unit's potential to emit. 

(4) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing 

electric utility steam generating units in accordance with the procedures contained in Paragraph (1) of Subsection I 

of 20.1 1.61.7 NMAC, for other existing emissions units in accordance with the procedures contained in Paragraph 

(2) of Subsection I of 20.11.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained 

in Paragraph (3) of Subsection I of 20.1 1.6 1.7 NMAC. 

J. "Baseline area" means all lands designated as attainment or unclassifiable in which the major 

source or major modification would construct or would have an air quality impact equal to or greater than one 

microgram per cubic meter (1 pgim3) (annual average) of the pollutant for which the minor source baseline date is 

20.1 1.6 1 NMAC 
established. The major source or major modification establishes the minor source baseline date. Lands are 

designated as attainment or unclassifiable under Section 107(d)(l)(D) or (E) of the Act within each federal air 

quality control region in the state of New Mexico. Any baseline area established originally for total suspended 

particulates (TSP) increments shall remain in effect and shall apply for purposes of determining the amount of 

available PMlo increments. A TSP baseline area shall not remain in effect if the department rescinds the 

corresponding minor source baseline date. 

K. "Baseline concentration" means that ambient concentration level that exists in the baseline area 

at the time of the applicable minor source baseline date. 

(1) A baseline concentration is determined for each pollutant for which a minor source baseline date 

is established and shall include: 

(a) the actual emissions shall be representative of sources in existence on the applicable minor 

source baseline date, except as provided in Paragraph (2) of Subsection K of 20.1 1.6 1.7 NMAC; 

(b) the allowable emissions of major stationary sources that commenced construction before 

the major source baseline date, but were not in operation by the applicable minor source baseline date. 

(2) The following will not be included in the baseline concentration and will affect the applicable 

maximum allowable increase(s): 

(a) actual emissions fiom any major stationary source on which construction commenced after 

the major source baseline date; and 

(b) actual emissions increases and decreases at any stationary source occurring after the minor 

source baseline date. 

L. "Begin actual construction" means, in general, the initiation of physical onsite construction 

activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, 

installation of building supports and foundations, laying of underground pipework and construction of permanent 

storage structures. With respect to a change in method of operation, this term refers to those on-site activities other 

than preparatory activities which mark the initiation of the change. 

M. "Best available control technology (BACT)" means an emissions limitation (including a visible 

emission standard) based on the maximum degree of reduction for each regulated new source review pollutant 

which would be emitted fiom any proposed major stationary source or major modification, which the director 

determines is achievable on a case-by-case basis. This determination will take into account energy, environmental, 

and economic impacts and other costs. The determination must be achievable for such source or modification 

through application of production processes or available methods, systems, and techniques, including he1 cleaning 

or treatment or innovative fuel combustion techniques for control of such pollutants. In no event shall application of 

best available control technology result in emissions of any pollutant which would exceed the emissions allowed by 

any applicable standard under 40 CFR Parts 60 and 6 1. If the director determines that technological or economic 

limitations on the application of measurement methodology to a particular emissions unit would make the 

imposition of an emissions standard mfeasible, a design, equipment, work practice, operational standard, or 

combination thereof, may be prescribed instead to satisfy the requirement for the application of best available 

control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by 

implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means 

which achieve equivalent results. 

N. "Building, structure, facility, or installation" means all of the pollutant emitting activities 

which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are 

under the control of the same person (or persons under common control). Pollutant-emitting activities shall be 

considered as part of the same industrial grouping if they belong to the same "major group" (i.e., which have the 

same first two-digit code) as described in the Standard Industrial Classification (SIC) Manual, 1972, as amended by 

the 1977 supplement (U. S. Government Printing Office stock numbers 4 10 1-0066 and 003-005-00 176-0, 

respectively) or any superseding SIC manual. 

0. "Class I area" means any federal land that is classified or reclassified as "class I" as listed in 

20.11.61.25 NMAC. 

P. "Commence" means, as applied to construction of a major stationary source or major 

modification, that the owner or operator has all necessary preconstruction approvals or permits and has: 

(1) begun, or caused to begin, a continuous program of actual on-site construction of the source, to be 

completed within a reasonable time; or 

(2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified 

without substantial loss to the owner or operator, to undertake and complete, within a reasonable time, a program of 

actual construction. 

20.1 1.6 1 NMAC 
0. "Complete" means, in reference to an application for a permit that the department has determined 

the application contains all of the information necessary for processing the application. Designating an application 

complete for purposes of permit processing does not preclude the reviewing authority from requesting or accepting 

any additional information. 

R "Construction" means any physical change or change in the method of operation (including 

fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in 

emissions. 

S. "Continuous emissions monitoring system (CEMS)" means all of the equipment that may be 

required to meet the data acquisition and availability requirements of 20.1 1.61 NMAC, to sample, condition (if 

applicable), analyze, and provide a record of emissions on a continuous basis. 

T. "Continuous emissions rate monitoring system (CERMS)" means the total equipment required 

for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time). 

U. "Continuous parameter monitoring system (CPMS)" means all of the equipment necessary to 

meet the data acquisition and availability requirements of 20.1 1.6 1 NMAC, to monitor process and control device 

operational parameters (for example, control device secondary voltages and electric currents) and other information 

(for example, gas flow rate, 02 or C02 concentrations), and to record average operational parameter value(s) on a 

continuous basis. 

V. "Department" means the city of Albuquerque, environmental health department or its successor 

agency. 

W. "Director" means the director of the city of Albuquerque, environmental health department or the 

director of its successor agency. 

X. "Electric utility steam generating unit" means any steam electric generating unit that is 

constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 

25 megawatts electrical output to any utility power distribution system for sale. Any steam supplied to a steam 

distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical 

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

Y. "Emissions unit" means any part of a stationary source that emits or would have the potential to 

emit any regulated new source review pollutant and includes an electric utility steam generating unit as defined in 

20.1 1.61.7 NMAC. For purposes of Subsection Y of 20.1 1.61.7 WAC, there are two types of emissions units as 

described. 

(1) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has 

existed for less than two years from the date such emissions unit first operated. 

(2) An existing emissions unit is any emissions unit that does not meet the requirements in Paragraph 

(1) of Subsection Y of 20.1 1.61.7 NMAC. A replacement unit is an existing unit. 

Z. "Federal land manager" means, with respect to any lands in the United States, a federal level 

cabinet secretary of a federal level department (e.g. interior department) with authority over such lands. 

AA. "Federally enforceable" means all limitations and conditions which are enforceable by the 

administrator, including: 

(1) those requirements developed pursuant to 40 CFR Parts 60 and 61; 

(2) requirements within any applicable state implementation plan (SF); 

(3) any permit requirements established pursuant to 40 CFR 52.2 1 ; or 

(4) under regulations approved pursuant to 40 CFR Part 5 1, Subpart I including 40 CFR 5 1.165 and 

40 CFR 51.166. 

BB. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, 

chimney, vent, or other fimctionally equivalent opening. 

CC. "High terrain" means any area having an elevation 900 feet or more above the base of a source's 

stack. 

DD. "Indian governing body" means the governing body of any tribe, band, or group of Indians 

subject to the jurisdiction of the United States and recognized by the United States as possessing power of selfgovernment. 

EE. "Innovative control technology" means any system of air pollution control that has not been 

adequately demonstrated in practice. But such system would have a substantial likelihood of achieving greater 

continuous emissions reduction than any control system in current practice or achieving at least comparable 

reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts. 

FF. "Low terrain" means any area other than high terrain. 

20.11.61 NMAC 
GG. "Lowest achievable emission rate (LAER)" means, for any source, the more stringent rate of 

emissions based on the following: 

(1) the most stringent emissions limitation which is contained in the implementation plan of any state 

for such class or category of stationary source, unless the owner or operator of the proposed stationary source 

demonstrates that such limitations are not achievable; or 

(2) the most stringent emissions limitation which is achieved in practice by such class or category of 

stationary source; this limitation, when applied to a modification, means the lowest achievable emissions rate for the 

new or modified emissions units within the stationary source; in no event shall the application of this term permit a 

proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an 

applicable new source standard of performance. 

HH. "Major modification" means any physical change in or change in the method of operation of a 

major stationary source that would result in a significant emissions increase of a regulated new source review 

pollutant, and a significant net emissions increase of that pollutant fiom the major stationary source. Any significant 

emissions increase fiom any emissions units or net emissions increase at a major stationary source that is significant 

for volatile organic compounds or oxides of nitrogen shall be considered ~i~cant for ozone. 

(1) A physical change or change in the method of operation shall not include: 

(a) routine maintenance, repair, and replacement; 

(b) use of an alternative fuel or raw material by reason of an order under Section 2(a) and (b) of 

the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a 

natural gas curtailment plan pursuant to the Federal Power Act; 

(c) use of an alternative fuel by reason of an order or rule under Section 125 of the Act; 

(d) use of an alternative fuel at a steam generating unit to the extent that the fuel is generated 

fiom municipal solid waste; 

(e) use of an alternative fuel or raw material by a stationary source which the source was 

capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally 

enforceable permit condition whch was established after January 6, 1975 pursuant to 40 CFR 52.2 1 or under 

regulations approved pursuant to 40 CFR 5 1.165 or 40 CFR 5 1.166; or the source is approved to use under any 

permit issued under 40 CFR 52.2 1 or under regulations approved pursuant to 40 CFR 5 1.166; 

(f) an increase in the hours of operation or in the production rate, unless such change would be 

prohibited under any federally enforceable permit which was established after January 6, 1975, pursuant to 40 CFR 

52.2 1 or under regulations approved pursuant to 40 CFR 5 1.165 or 40 CFR 5 1.166; 

(g) any change in ownership at a stationary source; 

(h) the installation, operation, cessation, or removal of a temporary clean coal technology 

demonstration project, provided that the project complies with the state implementation plan for the state in which 

the project is located; and other requirements necessary to attain and maintain the national ambient air quality 

standards during the project and after it is terminated. 

(i) the installation or operation of a permanent clean coal technology demonstration project that 

constitutes repowering, provided that the project does not result in an increase in the potential to emit of any 

regulated new source review pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant 

basis. 

6) the reactivation of a very clean coal-fired electric utility steam generating unit. 

(2) This definition shall not apply with respect to a particular regulated new source review pollutant 

when the major stationary source is complying with the requirements under 20.11.61.20 NMAC for a PAL for that 

pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.1 1.61.20 NMAC shall apply. 

n. "Major source baseline date" means: 

(1) in the case of particulate matter and sulfur dioxide, January 6, 1975; and 

(2) in the case of nitrogen dioxide, February 8, 1988. 

JJ. "Major stationary source" means: 

(1) any stationary source listed in Table 1 of 20.1 1.61.26 NMAC which emits, or has the potential to 

emit, emissions equal to or greater than 100 tons per year of any regulated new source review pollutant; or 

(2) any stationary source not listed in Table 1 of 20.1 1.6 1.26 NMAC and which emits or has the 

potential to emit 250 tons per year or more of any regulated new source review pollutant; or 

(3) any physical change that would occur at a stationary source not otherwise qualifying under 

Paragraphs (1) or (2) of Subsection JJ of 20.11.61.7 NMAC if the change would constitute a major stationary source 

by itself; 

20.11.61 NMAC 
(4) a major source that is major for volatile organic compounds or oxides of nitrogen shall be 

considered major for ozone; 

(5) the fugitive emissions of a stationary source shall not be included in determining whether it is a 

major stationary source, unless the source belongs to one of the stationary source categories found in Table 1 of 

20.1 1.6 1.26 NMAC or any other stationary source category which, as of August 7, 1980, is being regulated under 

Section 11 1 or 112 of the Act. 

KK. "Mandatory federal class I area" means any area identified in 40 CFR Part 8 1, Subpart D. 

LL. "Minor source baseline date" means the earliest date after the trigger date on whicha major 

stationary source or major modification subject to 40 CFR 52.21, or 20.11.61 NMAC, submits a complete 

application. 

(1) The trigger dates are: 

(a) August 7, 1977, for particulate matter and sulfur dioxide, and 

(b) February 8, 1988 for nitrogen dioxide. 

(2) The baseline date is established for each pollutant for which increments or other equivalent 

measures have been established if: 

(a) the area in which the proposed major stationary source or major modification would 

construct is designated as attainment or unclassifiable under section 107(d)(l)@) or (E) of the federal Act for the 

pollutant on the date the application is determined to be complete, consistent with [40-€FR 51.21 40 CFR 52.2 1 or 

20.1 1.61 NMAC, and 

(b) in the case of a major stationary source, the pollutant would be emitted in significant 

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

[@)I a Any minor source baseline date established originally for the TSP increment shall remain in 

effect and shall apply for purposes of determining the amount of available PMlo increments. The department may 

rescind any TSP minor source baseline date if it can be shown, to the director's satisfaction that, either the emissions 

increase from the major stationary source, or the net emissions increase fiom the major modification responsible for 

triggering the minor source baseline date did not result in a significant amount of PMlo emissions. 

MM. "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured 

in terms of visual range, contrast or coloration. 

NN. "Necessary preconstruction approvals or permits" mean those permits or approvals required 

under federal air quality control laws and regulations and those air quality control laws and regulations which are 

part of the New Mexico state implementation plan. 

00. "Net emissions increase" means, with respect to any regulated new source review pollutant 

emitted by a major stationary source, the following. 

(1) The amount by whch the sum of the following exceeds zero. 

(a) The increase in emissions from a particular physical change or change in the method of 

operation at a stationary source as calculated pursuant to Subsection D of 20.1 1.6 1.1 1 NMAC; and 

(b) Any other increases and decreases in actual emissions at the major stationary source that are 

contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating 

increases and decreases shall be determined as provided in Subsection I of 20.1 1.6 1.7 NMAC, except that 

Subparagraph (c) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of Subsection I of 20.1 1.61.7 NMAC shall 

not apply. 

(2) An increase or decrease in actual emissions is contemporaneous with the increase fiom the 

particular change only if it occurs within the time period five years prior to the commencement of construction on 

the particular change and the date that the increase from the particular change occurs. 

(3) An increase or decrease in actual emissions is creditable only if: 

(a) it occurs within the time period five years prior to the commencement of construction on 

the particular change and the date that the increase from the particular change occurs; and 

(b) the department has not relied on it in issuing a permit for the source under regulations 

approved pursuant to 20.1 1.61 NMAC and is in effect when the increase in actual emissions from the particular 

change occurs. 

(4) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or oxides of 

nitrogen that occurs before the applicable minor source baseline date is creditable only if it is required to be 

considered in calculating the amount of maximum allowable increases remaining available. 

(5) An increase in actual emissions is creditable only to the extent that the new level of actual 

emissions exceeds the old level. 

(6) A decrease in actual emissions is creditable only to the extent that: 

20.1 1.6 1 NMAC 
(a) the old level of actual emissions or the old level of allowable emissions, whichever is lower, 

exceeds the new level of actual emissions; 

(b) it is enforceable as a practical matter at and after the time that actual construction on the 

particular change begins; and 

(c) it has approximately the same qualitative significance for public health and welfare as that 

attributed to the increase from the particular change. 

(7) An increase that results from a physical change at a source occurs when the emissions unit on 

which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit 

that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days. 

(8) Paragraph (2) of Subsection B of 20.1 1.61.7 NMAC shall not apply for determining creditable 

increases and decreases. 

PP. "Nonattainment area" means an area which has been designated under Section 107 of the Act as 

nonattainment for one or more of the national ambient air quality standards by EPA. 

QQ. "Portable stationary source" means a source which can be relocated to another operating site 

with limited dismantling and reassembly. 

RR. "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under 

its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a 

pollutant, including air pollutant control equipment and restrictions on hours of operation or on the type or amount 

of material combusted, stored, or processed, shall be treated as part of its design if the limitations or the effect the 

limitation would have on emissions is federally enforceable. Secondary emissions do not count in determining the 

potential to emit of a stationary source. 

SS. "Predictive emissions monitoring system (PEMS)" means all of the equipment necessary to 

monitor process and control device operational parameters (for example, control device secondary voltages and 

electric currents) and other information (for example, gas flow rate, 02 or C02 concentrations), and calculate and 

record the mass emissions rate (for example, lbh) on a continuous basis. 

TT. "Project" means a physical change in, or change in method of operation of, an existing major 

stationary source. 

UU. "Projected actual emissions" means the maximum annual rate, in tons per year, at which an 

existing emissions unit is projected to emit a regulated new source review pollutant in any one of the five years (12- 

month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years 

following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that 

regulated new source review pollutant, and full utilization of the unit would result in a significant emissions 

increase, or a significant net emissions increase at the major stationary source. In determining the projected actual 

emissions before beginning actual construction, the owner or operator of the major stationary source: 

(1) shall consider all relevant information, including but not limited to, historical operational data, the 

company's own representations, the company's expected business activity and the company's highest projections of 

business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under 

an approved SIP; and 

(2) shall include fugitive emissions to the extent quantifiable and emissions associated with startups, 

shutdowns, and malfunctions; and 

(3) shall exclude, in calculating any increase in emissions that results from the particular project, that 

portion of the unit's emissions following the project that an existing unit could have accommodated during the 

consecutive 24-month period used to establish the baseline actual emissions under Subsection I of 20.1 1.61.7 

NMAC and that are also unrelated to the particular project, including any increased utilization due to product 

demand growth; or, 

(4) in lieu of using the method set out in Paragraphs (1) through (3) of Subsection UU of 20.1 1.61.7 

NMAC, may elect to use the emissions unit's potential to emit in tons per year. 

W. "Regulated new source review pollutant" means the following: 

(1) any pollutant for which a national ambient air quality standard has been promulgated and any 

constituents or precursors for such pollutants identified by the administrator (e.g., volatile organic compounds and 

oxides of nitrogen are precursors for ozone); 

(2) any pollutant that is subject to any standard promulgated under Section 11 1 of the Act; 

(3) any class I or I1 substance subject to a standard promulgated under or established by Title VI of 

the Act; or 

(4) any pollutant that otherwise is subject to regulation under the Act; except that any or all hazardous 

air pollutants either listed in Section 112 of the Act or added to the list pursuant to Section 112(b)(2) of the Act, 

20.11.61 NMAC 
which have not been delisted pursuant to Section 112(b)(3) of the Act, are not regulated new source review 

pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general 

pollutant listed under Section 108 of the Act. 

WW. "Replacement unit" means an emission unit for which all of the following criteria are met. No 

creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. 

(1) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(l), or the 

emissions unit completely takes the place of an existing emissions unit. 

(2) The emissions unit is identical to or hnctionally equivalent to the replaced emissions unit. 

(3) The replacement unit does not change the basic design parameter(s) of the process unit. 

(4) The replaced emissions unit is permanently removed from the major stationary source, otherwise 

permanently disabled, or permanently barred from operation by a pennit that is enforceable as a practical matter. If 

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

XX. "Secondary emissions" means emissions which occur as a result of the construction or operation 

of a major stationary source or major modification, but do not come from the major stationary source or major 

modification itself. For the purpose of Subsection XX of 20.11.61.7 MAC, secondary emissions must be specific, 

well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes 

the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not 

be constructed or increase its emissions except as a result of the construction or operation of the major stationary 

source or major modification. Secondary emissions do not include any emissions which come directly from a 

mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. 

W. "Significant" means in reference to a net emissions increase or the potential of a source to emit 

air pollutants, a rate of emission that would equal or exceed any of the rates listed in Table 2 of 20.1 1.61.27 NMAC. 

ZZ. "Significant emissions increase" means, for a regulated new source review pollutant, an increase 

in emissions that is significant for that pollutant. 

AAA. "Stationary source" means any building, structure, facility, or installation which emits, or may 

emit, any regulated new source review pollutant. 

BBB. "Temporary source" means a stationary source which changes its location or ceases to exist 

within two years from the date of initial start of operations. 

CCC. "Visibility impairment" means any humanly perceptible change in visibility (visual range, 

contrast, coloration) from that which would have existed under natural conditions. 

DDD. "Volatile organic compound (VOC)" means any organic compound which participates in 

atmospheric photochemical reactions; that is, any organic compound other than those which the administrator 

designates as having negligible photochemical reactivity. 

[20.11.61.7 NMAC - Rp, 20.1 1.61.7 NMAC, 1/23/06; A, 5/15/06] 

20.11.61.28 TABLE 3 - SIGNIFICANT MONITORING CONCENTRATIONS: 

AIR QUALITY 

POLLUTANT 1 / AVERAGINGTIME 1 micrograms per _cubic meter 

Ozone 

Particulate matter (PMlo) 

Sulfur compounds 

Hydrogen sulfide (H2S) 

Reduced sulfur compounds (incl. H2S) 

Sulfur dioxide 

Sulfuric acid mist 

Total reduced sulfur (incl. HIS) 

Carbon monoxide 

Fluorides 

Lead 

Nitrogen dioxide 

24 hours 

l hour 

(ug/m5) 

575 

0.25 

0.1 

14 

10 

a - No acceptable monitoring techniques available at this time. Therefore, monitoring is not required until 

acceptable techniques are available. 

8 hours 

24 hours 

3 months 

Annual 

24 hours 

20.1 1.61 NMAC 8 
b - No de minimis air quality level is provided for ozone. However. anv net increase of 100 tons per vear or 

more of volatile organic comvounds subiect to PSD would be recluired to uerform an ambient impact 

analvsis. including the gathering of ambient air aualitv data. 

[20.11.61.28 NMAC - Rp, 20.11.61.25 NMAC, 1/23/06; A, 5/15/06] 

20.11.61.29 TABLE 4 - ALLOWABLE PSD INCREMENTS: 

annual arithmetic mean 2.5 25 50 

Particulate Matter 

PMlo, annual arithmetic mean 

PMlo, 24-hour maximum 

Sulh Dioxide 

annual arithmetic mean 

24-hour maximum 

3-hour maximum 

[20.11.61.29 NMAC - Rp, 20.1 1.61.26 NMAC, 1/23/06; A, 5/15/06] 

20.11.61 NMAC 
Attachment F 

Copy of the NMAC Transmittal Form for corrections to 20.11.61 NMAC, 

Prevention of SigmYicant Deterioration signed by the AQCB Chair 
1.24.10 NMAC 

NMAC TRANSMITTAL FORM 

[Sequence # 1 

P.O. Box 1293, One Civlc Plaza NW 

Albuquerque, NM 87103 

1 Name Neal Butt I Phone # 1 (505) 768-2660 1 FAX 1 505-768-2617 

e 13 Amendment Renumber 0 Repeai 0 Emergency TI 

1 chapter 1 part 

Albuquerque-Bernaiiiio County Air Prevention Of Significant Deterioration 

Environmental Protection Quality Control Board (PSD) 

1 Correction of tv~oara~hicai errors I Subsection LL of 20.11.61.7 1 

NMAC, Subsection HH of 

20.11.61.7 NMAC, 20.11.61.28 

NMAC and 20.11.61.29 NMAC 

NO X Yes Please //st 1. 

att.a~hm@ntc and I 

Public domain 0 

Ordinance, ~ernaliiio County Ordinance 94-5 Sections 3 & 4; and the Joint Air Quality Controi Board Ordinance, 

Revised Ordinances of Albuquerque 1994 Sections 9-5-1-3 & 9-5-1-4. 

Check If delegated 

authodty 

Titie: Boagl Chair 0 

4/12/06 

Date Signed - 

SRC-2000-02 

5/26/2000 
Attachment I 

Copy of 20.11.61 NMAC, Prevention of Significant Detenbra tion, with 

typos corrected, as filed with the NMSRC on April 13,2006, with an 

effective date of May 15,2006 for the corrected Sections 

[20.11.61.7.HH NMAC, 20.11.61.7.LL NMAC, 20.11.61.28 NMAC & 

20.11.61.29 NMAC] 
TITLE 20 ENVIRONMENTAL PROTECTION 

CHAPTER 11 ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD 

PART 61 PREVENTION OF SIGNIFICANT DETERIORATION 

20.11.61.1 ISSUING AGENCY: Albuquerque-Bernalillo County Air Quality Control Board. P.O. Box 

1293, Albuquerque, NM 871 03. Telephone: (505) 768-2600. 

[20.11.6 1.1 NMAC - Rp, 20.1 1.6 1.1 NMAC, 1/23/06] 

20.1 1.61.2 SCOPE: Any person constructing any new major stationary source or major modification, as 

defined in 20.1 1.61 NMAC, that emits or will emit regulated new source review pollutants in an attainment or 

unclassifiable area shall obtain a permit from the department in accordance with the requirements of 20.11.41 

NMAC, Authority-to-Construct, and 20.1 1.6 1 NMAC prior to the construction or modification. 

A. Exempt: 

(1) Sources within Bernalillo County which are located on Indian lands over which the AlbuquerqueBernalillo county air quality control board lacks jurisdiction; 

(2) Each regulated new source review pollutant emitted in a nonattainment area for that pollutant; 

(3) After a public hearing, consistent with the public notice and participation provisions of 20.1 1.4 1 

NMAC, Authority-to-Construct, the board may exempt major stationary sources or major modifications that are part 

of nonprofit health or nonprofit educational institutions; or 

(4) A portable stationary source which has previously received a permit pursuant to 20.1 1.61 NMAC; 

and 

(a) The owner or operator proposes to relocate the source, and emissions from the source at the 

new location will be temporary; and 

(b) The emissions from the source would not exceed its allowable emission rate; and 

(c) The emissions from the source would not impact any federal class I area nor any area where 

an applicable increment is known to be violated; and 

(d) Reasonable notice is given to the department prior to the relocation identifying the 

proposed new location and probable duration of operation at the new location. Such notice shall be given to the 

department not less than 10 days in advance of the proposed relocation unless a different time interval is previously 

approved by the department; 

(5) Sources or modifications that would be major only if quantifiable fugitive emissions are 

considered in calculating the potential to emit or net emissions increase, and the source does not belong to: 

(a) any category in Table 1 of 20.1 1.61.26 NMAC; or 

(b) any other stationary source category which on or after August 7, 1980, is being regulated 

under Section 11 1 or 1 12 of the Act. 

B. Variances: The director may grant a variance to any person constructing a major stationary 

source or major modification from the federal class I maximum allowable increases consistent with the requirements 

listed in 40 CFR 52.2 1 (p)(5). 

[20.11.61.2 NMAC - Rp, 20.1 1.6 1.2 NMAC, 1/23/06] 

20.11.61.3 STATUTORY AUTHORITY: 20.1 1.61 NMAC is adopted pursuant to the authority provided in 

the New Mexico Air Quality Control Act, NMSA 1978 Sections 74-2-4 and 74-2-5; the Joint Air Quality Control 

Board Ordinance; Bernalillo county Ordinance No. 94-5, Sections 4 and 5; and the Joint Air Quality Control Board 

Ordinance, Revised Ordinances of Albuquerque 1994 Sections 9-5- 1-3 and 9-5- 1-4. 

[20.11.61.3 NMAC - Rp, 20.1 1.61.3 NMAC, 1/23/06] 

20.11.61.4 DURATION: Permanent. 

[20.11.61.4 NMAC - Rp, 20.1 1.61.4 NMAC, 1/23/06] 

20.11.61.5 EFFECTIVE DATE: January 23, 2006, unless a later date is cited at the end of a section or 

paragraph. 

[20.11.6 1.5 NMAC - Rp, 20.1 1.6 1.5 NMAC, 1/23/06] 

20.11.61.6 OBJECTIVE: The objective of 20.1 1.61 NMAC is to minimize air pollutant emissions from new 

major stationary sources or major modifications in areas classified as in attainment of the national ambient air 

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

20.1 1.6 1 NMAC 
[20.11.61.6 NMAC - Rp, 20.1 1.61.6 NMAC, 1/23/06] 

20.11.61.7 DEFINITIONS: In addition to the definitions in 20.1 1.6 1 NMAC, the definitions in 20.1 1.1 

NMAC, General Provisions, shall apply unless there is a conflict between definitions, in which case the definition in 

20.1 1.61 NMAC shall govern. 

A. "Act" means the federal Clean Air Act, as amended, 42 U. S. C. Sections 7401 et seq. 

B. "Actual emissions" means the actual rate of emissions of a regulated new source review pollutant 

from an emissions unit, as determined in accordance with Paragraphs (2) through (4) of Subsection B of 20.1 1.61.7 

NMAC. 

(1) This definition shall not apply for calculating whether a significant emissions increase has 

occurred, or for establishing a PAL under 20.11.6 1.20 NMAC. Instead, Subsections I and UU of 20.1 1.6 1.7 NMAC 

shall apply for those purposes. 

(2) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at 

which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular 

date and which is representative of normal source operation. The department shall allow the use of a different time 

period upon a determination that it is more representative of normal source operation. Actual emissions shall be 

calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or 

combusted during the selected time period. 

(3) The department may presume that source-specific allowable emissions for the unit are equivalent 

to the actual emissions of the unit. 

(4) For any emissions unit that has not begun normal operations on the particular date, actual 

emissions shall equal the potential to emit of the unit on that date. 

C. "Administrator" means the administrator of the U.S. environmental protection agency (EPA) or 

an authorized representative. 

D. "Adverse impact on visibility" means visibility impairment which interferes with the 

management, protection, preservation, or enjoyment of the visitor's visual experience of the federal class I area. 

This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, 

duration, frequency, and time of the visibility impairments and how these factors correlate with the following: 

(1) Times of visitor use of the federal class I area; and 

(2) The frequency and timing of natural conditions that reduce visibility. This term does not include 

effects on integral vistas as defined in 40 CFR 51.301 Definitions. 

E. "Air quality related values (AQRV)" means visibility and other scenic, cultural, physical, 

biological, ecological, or recreational resources which may be affected by a change in air quality resulting from the 

emissions of a proposed major stationary source or major modification that interferes with the management, 

protection, preservation, or enjoyment of the air quality related values of a federal class I area. 

F. "Allowable emissions" means the emissions rate of a stationary source calculated using the 

maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the 

operating rate, or hours of operation, or both) and the most stringent of the following: 

(1) The applicable standards as set forth in 40 CFR Parts 60 and 61; 

(2) The applicable state implementation plan emissions limitation, including those with a future 

compliance date; or 

(3) The emissions rate specified as a federally enforceable permit condition, including those with a 

future compliance date. 

G. "Associated Emission Sources" means secondary emissions and all reasonably foreseeable 

emissions of regulated pollutants from the growth of general residential, commercial, industrial, governmental 

emission sources and other mobile and non-mobile emission sources which are associated with and/or support the 

proposed new major stationary source or major modification. Other mobile and non-mobile emission sources shall 

include, but not be limited to, new highways and roads or improvements to existing highways and roads to increase 

capacity, new parking facilities or improvements to existing parking facilities to increase capacity, service 

enhancements to ground and air public transportation to include the building of new public transportation facilities 

or improvements to existing public transportation facilities to increase capacity; and the building of new public or 

private educational facilities or improving existing public or private educational facilities to increase enrollment. 

H. "Attainment area" means, for any air pollutant, an area which is shown by monitored data or 

which is calculated by air quality modeling not to exceed any national ambient air quality standard for such 

pollutant, and is so designated under Section 107(d)(l)(D) or (E) of the Act. 

20.1 1.6 1 NMAC 
I. "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated new 

source review pollutant, as determined in accordance with the following. 

(1) For any existing electric utility steam generating unit, baseline actual emissions means the 

average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month 

period selected by the owner or operator within the five year period immediately preceding when the owner or 

operator begins actual construction of the project. The department shall allow the use of a different time period 

upon a determination that it is more representative of normal source operation. 

(a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions 

associated with startups, shutdowns, and malfunctions. 

(b) The average rate shall be adjusted downward to exclude any non-compliant emissions that 

occurred while the source was operating above an emission limitation that was legally enforceable during the 

consecutive 24-month period. 

(c) For a regulated new source review pollutant, when a project involves multiple emissions 

units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the 

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source 

review pollutant. 

(d) The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

by Subparagraph (b) of Paragraph (1) of Subsection I of 20.1 1.61.7 NMAC. 

(2) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual 

emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during 

any consecutive 24-month period selected by the owner or operator within the 10 year period immediately preceding 

either the date the owner or operator begins actual construction of the project, or the date a complete permit 

application is received by the department for a permit required either under 20.1 1.61 NMAC or under a plan 

approved by the administrator, whichever is earlier, except that the 10 year period shall not include any period 

earlier than November 15, 1990. 

(a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions 

associated with startups, shutdowns, and malfunctions. 

(b) The average rate shall be adjusted downward to exclude any non-compliant emissions that 

occurred while the source was operating above an emission limitation that was legally enforceable during the 

consecutive 24-month period. 

(c) The average rate shall be adjusted downward to exclude any emissions that would have 

exceeded an emission limitation with which the major stationary source must currently comply, had such major 

stationary source been required to comply with such limitations during the consecutive 24-month period. However, 

if an emission limitation is part of a maximum achievable control technology standard that the administrator 

proposed or promulgated under 40 CFR part 63, the baseline actual emissions need only be adjusted if the state has 

taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the 

requirements of 40 CFR 5 1.165(a)(3)(ii)(G). 

(d) For a regulated new source review pollutant, when a project involves multiple emissions 

units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the 

emissions units being changed. A different consecutive 24-month period can be used for each regulated new source 

review pollutant. 

(e) The average rate shall not be based on any consecutive 24-month period for which there is 

inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required 

by Subparagraphs (b) and (c) of Paragraph (2) of Subsection I of 20.11.61.7 NMAC. 

(3) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions 

increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for 

all other purposes, shall equal the unit's potential to emit. 

(4) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing 

electric utility steam generating units in accordance with the procedures contained in Paragraph (1) of Subsection I 

of 20.11.61.7 NMAC, for other existing emissions units in accordance with the procedures contained in Paragraph 

(2) of Subsection I of 20.1 1.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained 

in Paragraph (3) of Subsection I of 20.1 1.61.7 NMAC. 

J. "Baseline area" means all lands designated as attainment or unclassifiable in which the major 

source or major modification would construct or would have an air quality impact equal to or greater than one 

microgram per cubic meter (1 pg/m3) (annual average) of the pollutant for which the minor source baseline date is 

20.1 1.6 1 NMAC 3 
established. The major source or major modification establishes the minor source baseline date. Lands are 

designated as attainment or unclassifiable under Section 107(d)(l)(D) or (E) of the Act within each federal air 

quality control region in the state of New Mexico. Any baseline area established originally for total suspended 

particulates (TSP) increments shall remain in effect and shall apply for purposes of determining the amount of 

available PMlo increments. A TSP baseline area shall not remain in effect if the department rescinds the 

corresponding minor source baseline date. 

K. "Baseline concentration" means that ambient concentration level that exists in the baseline area 

at the time of the applicable minor source baseline date. 

(1) A baseline concentration is determined for each pollutant for which a minor source baseline date 

is established and shall include: 

(a) the actual emissions shall be representative of sources in existence on the applicable minor 

source baseline date, except as provided in Paragraph (2) of Subsection K of 20.1 1.61.7 NMAC; 

(b) the allowable emissions of major stationary sources that commenced construction before 

the major source baseline date, but were not in operation by the applicable minor source baseline date. 

(2) The following will not be included in the baseline concentration and will affect the applicable 

maximum allowable increase(s): 

(a) actual emissions from any major stationary source on which construction commenced after 

the major source baseline date; and 

(b) actual emissions increases and decreases at any stationary source occurring after the minor 

source baseline date. 

L. "Begin actual construction" means, in general, the initiation of physical onsite construction 

activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, 

installation of building supports and foundations, laying of underground pipework and construction of permanent 

storage structures. With respect to a change in method of operation, this term refers to those on-site activities other 

than preparatory activities which mark the initiation of the change. 

M. "Best available control technology (BACT)" means an emissions limitation (including a visible 

emission standard) based on the maximum degree of reduction for each regulated new source review pollutant 

which would be emitted from any proposed major stationary source or major modification, which the director 

determines is achievable on a case-by-case basis. This determination will take into account energy, environmental, 

and economic impacts and other costs. The determination must be achievable for such source or modification 

through application of production processes or available methods, systems, and techniques, including fuel cleaning 

or treatment or innovative fuel combustion techniques for control of such pollutants. In no event shall application of 

best available control technology result in emissions of any pollutant which would exceed the emissions allowed by 

any applicable standard under 40 CFR Parts 60 and 6 1. If the director determines that technological or economic 

limitations on the application of measurement methodology to a particular emissions unit would make the 

imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or 

combination thereof, may be prescribed instead to satisfy the requirement for the application of best available 

control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by 

implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means 

which achieve equivalent results. 

N. "Building, structure, facility, or installation" means all of the pollutant emitting activities 

which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are 

under the control of the same person (or persons under common control). Pollutant-emitting activities shall be 

considered as part of the same industrial grouping if they belong to the same "major group" (i.e., which have the 

same first two-digit code) as described in the Standard Industrial Classification (SIC) Manual, 1972, as amended by 

the 1977 supplement (U. S. Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, 

respectively) or any superseding SIC manual. 

0. "Class I area" means any federal land that is classified or reclassified as "class I" as listed in 

20.1 1.61.25 NMAC. 

P. "Commence" means, as applied to construction of a major stationary source or major 

modification, that the owner or operator has all necessary preconstruction approvals or permits and has: 

(1) begun, or caused to begin, a continuous program of actual on-site construction of the source, to be 

completed within a reasonable time; or 

(2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified 

without substantial loss to the owner or operator, to undertake and complete, within a reasonable time, a program of 

actual construction. 

20.1 1.6 1 NMAC 
Q. "Complete" means, in reference to an application for a permit that the department has determined 

the application contains all of the information necessary for processing the application. Designating an application 

complete for purposes of permit processing does not preclude the reviewing authority from requesting or accepting 

any additional information. 

R. "Construction" means any physical change or change in the method of operation (including 

fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in 

emissions. 

S. "Continuous emissions monitoring system (CEMS)" means all of the equipment that may be 

required to meet the data acquisition and availability requirements of 20.11.61 NMAC, to sample, condition (if 

applicable), analyze, and provide a record of emissions on a continuous basis. 

T. "Continuous emissions rate monitoring system (CERMS)" means the total equipment required 

for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time). 

U. "Continuous parameter monitoring system (CPMS)" means all of the equipment necessary to 

meet the data acquisition and availability requirements of 20.1 1.61 NMAC, to monitor process and control device 

operational parameters (for example, control device secondary voltages and electric currents) and other information 

(for example, gas flow rate, O2 or C02 concentrations), and to record average operational parameter value(s) on a 

continuous basis. 

V. "Department" means the city of Albuquerque, environmental health department or its successor 

agency. 

W. "Director" means the director of the city of Albuquerque, environmental health department or the 

director of its successor agency. 

X. "Electric utility steam generating unit" means any steam electric generating unit that is 

constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 

25 megawatts electrical output to any utility power distribution system for sale. Any steam supplied to a steam 

distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical 

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

Y. "Emissions unit" means any part of a stationary source that emits or would have the potential to 

emit any regulated new source review pollutant and includes an electric utility steam generating unit as defined in 

20.1 1.6 1.7 NMAC. For purposes of Subsection Y of 20.1 1.61.7 NMAC, there are two types of emissions units as 

described. 

(1) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has 

existed for less than two years from the date such emissions unit first operated. 

(2) An existing emissions unit is any emissions unit that does not meet the requirements in Paragraph 

(1) of Subsection Y of 20.1 1.61.7 NMAC. A replacement unit is an existing unit. 

Z. "Federal land manager" means, with respect to any lands in the United States, a federal level 

cabinet secretary of a federal level department (e.g. interior department) with authority over such lands. 

AA. "Federally enforceable" means all limitations and conditions which are enforceable by the 

administrator, including: 

(1) those requirements developed pursuant to 40 CFR Parts 60 and 61; 

(2) requirements within any applicable state implementation plan (SIP); 

(3) any permit requirements established pursuant to 40 CFR 52.21; or 

(4) under regulations approved pursuant to 40 CFR Part 5 1, Subpart I including 40 CFR 5 1.165 and 

40 CFR 51.166. 

BB. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening. 

CC. "High terrain" means any area having an elevation 900 feet or more above the base of a source's 

stack. 

DD. "Indian governing body" means the governing body of any tribe, band, or group of Indians 

subject to the jurisdiction of the United States and recognized by the United States as possessing power of selfgovernment. 

EE. "Innovative control technology" means any system of air pollution control that has not been 

adequately demonstrated in practice. But such system would have a substantial likelihood of achieving greater 

continuous emissions reduction than any control system in current practice or achieving at least comparable 

reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts. 

FF. "Low terrain" means any area other than high terrain. 

20.1 1.61 NMAC 
GG. "Lowest achievable emission rate (LAER)" means, for any source, the more stringent rate of 

emissions based on the following: 

(1) the most stringent emissions limitation which is contained in the implementation plan of any state 

for such class or category of stationary source, unless the owner or operator of the proposed stationary source 

demonstrates that such limitations are not achievable; or 

(2) the most stringent emissions limitation which is achieved in practice by such class or category of 

stationary source; this limitation, when applied to a modification, means the lowest achievable emissions rate for the 

new or modified emissions units within the stationary source; in no event shall the application of this term permit a 

proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an 

applicable new source standard of performance. 

HH. "Major modification" means any physical change in or change in the method of operation of a 

major stationary source that would result in a significant emissions increase of a regulated new source review 

pollutant, and a significant net emissions increase of that pollutant from the major stationary source. Any significant 

emissions increase from any emissions units or net emissions increase at a major stationary source that is significant 

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

(1) A physical change or change in the method of operation shall not include: 

(a) routine maintenance, repair, and replacement; 

(b) use of an alternative fuel or raw material by reason of an order under Section 2(a) and (b) of 

the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a 

natural gas curtailment plan pursuant to the Federal Power Act; 

(c) use of an alternative fuel by reason of an order or rule under Section 125 of the Act; 

(d) use of an alternative fuel at a steam generating unit to the extent that the fuel is generated 

from municipal solid waste; 

(e) use of an alternative fuel or raw material by a stationary source which the source was 

capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally 

enforceable permit condition which was established after January 6, 1975 pursuant to 40 CFR 52.21 or under 

regulations approved pursuant to 40 CFR 5 1.165 or 40 CFR 5 1.166; or the source is approved to use under any 

permit issued under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 5 1.166; 

(f) an increase in the hours of operation or in the production rate, unless such change would be 

prohibited under any federally enforceable permit which was established after January 6, 1975, pursuant to 40 CFR 

52.2 1 or under regulations approved pursuant to 40 CFR 5 1.165 or 40 CFR 5 1.166; 

(g) any change in ownership at a stationary source; 

(h) the installation, operation, cessation, or removal of a temporary clean coal technology 

demonstration project, provided that the project complies with the state implementation plan for the state in which 

the project is located; and other requirements necessary to attain and maintain the national ambient air quality 

standards during the project and after it is terminated. 

(i) the installation or operation of a permanent clean coal technology demonstration project that 

constitutes repowering, provided that the project does not result in an increase in the potential to emit of any 

regulated new source review pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant 

basis. 

Cj) the reactivation of a very clean coal-fired electric utility steam generating unit. 

(2) This definition shall not apply with respect to a particular regulated new source review pollutant 

when the major stationary source is complying with the requirements under 20.1 1.61.20 NMAC for a PAL for that 

pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.11.61.20 NMAC shall apply. 

11. "Major source baseline date" means: 

(1) in the case of particulate matter and sulfur dioxide, January 6, 1975; and 

(2) in the case of nitrogen dioxide, February 8, 1988. 

JJ. "Major stationary source" means: 

(1) any stationary source listed in Table 1 of 20.1 1.61.26 NMAC which emits, or has the potential to 

emit, emissions equal to or greater than 100 tons per year of any regulated new source review pollutant; or 

(2) any stationary source not listed in Table 1 of 20.11.61.26 NMAC and which emits or has the 

potential to emit 250 tons per year or more of any regulated new source review pollutant; or 

(3) any physical change that would occur at a stationary source not otherwise qualifying under 

Paragraphs (1) or (2) of Subsection JJ of 20.1 1.61.7 NMAC if the change would constitute a major stationary source 

by itselc 

20.1 1.6 1 NMAC 
(4) a major source that is major for volatile organic compounds or oxides of nitrogen shall be 

considered major for ozone; 

(5) the fugitive emissions of a stationary source shall not be included in determining whether it is a 

major stationary source, unless the source belongs to one of the stationary source categories found in Table 1 of 

20.1 1.6 1.26 NMAC or any other stationary source category which, as of August 7, 1980, is being regulated under 

Section 11 1 or 112 of the Act. 

KK. "Mandatory federal class I area" means any area identified in 40 CFR Part 8 1, Subpart D. 

LL. "Minor source baseline date" means the earliest date after the trigger date on which a major 

stationary source or major modification subject to 40 CFR 52.21, or 20.11.61 NMAC, submits a complete 

application. 

(1) The trigger dates are: 

(a) August 7, 1977, for particulate matter and sulfur dioxide, and 

(b) February 8, 1988 for nitrogen dioxide. 

(2) The baseline date is established for each pollutant for which increments or other equivalent 

measures have been established if: 

(a) the area in which the proposed major stationary source or major modification would 

construct is designated as attainment or unclassifiable under section 107(d)(l)(D) or (E) of the federal Act for the 

pollutant on the date the application is determined to be complete, consistent with 40 CFR 52.21 or 20.1 1.6 1 

NMAC, and 

(b) in the case of a major stationary source, the pollutant would be emitted in significant 

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

(3) Any minor source baseline date established originally for the TSP increment shall remain in effect 

and shall apply for purposes of determining the amount of available PMlo increments. The department may rescind 

any TSP minor source baseline date if it can be shown, to the director's satisfaction that, either the emissions 

increase from the major stationary source, or the net emissions increase from the major modification responsible for 

triggering the minor source baseline date did not result in a significant amount of PMlo emissions. 

MM. "Natural conditions" includes naturally occumng phenomena that reduce visibility as measured 

in terms of visual range, contrast or coloration. 

NN. "Necessary preconstruction approvals or permits" mean those permits or approvals required 

under federal air quality control laws and regulations and those air quality control laws and regulations which are 

part of the New Mexico state implementation plan. 

00. "Net emissions increase" means, with respect to any regulated new source review pollutant 

emitted by a major stationary source, the following. 

(1) The amount by which the sum of the following exceeds zero. 

(a) The increase in emissions from a particular physical change or change in the method of 

operation at a stationary source as calculated pursuant to Subsection D of 20.1 1.61.1 1 NMAC; and 

(b) Any other increases and decreases in actual emissions at the major stationary source that are 

contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating 

increases and decreases shall be determined as provided in Subsection I of 20.1 1.61.7 NMAC, except that 

Subparagraph (c) of Paragraph (1) and Subparagraph (d) of Paragraph (2) of Subsection I of 20.11.61.7 NMAC shall 

not apply. 

(2) An increase or decrease in actual emissions is contemporaneous with the increase from the 

particular change only if it occurs within the time period five years prior to the commencement of construction on 

the particular change and the date that the increase from the particular change occurs. 

(3) An increase or decrease in actual emissions is creditable only if: 

(a) it occurs within the time period five years prior to the commencement of construction on 

the particular change and the date that the increase from the particular change occurs; and 

(b) the department has not relied on it in issuing a permit for the source under regulations 

approved pursuant to 20.11.6 1 NMAC and is in effect when the increase in actual emissions from the particular 

change occurs. 

(4) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or oxides of 

nitrogen that occurs before the applicable minor source baseline date is creditable only if it is required to be 

considered in calculating the amount of maximum allowable increases remaining available. 

(5) An increase in actual emissions is creditable only to the extent that the new level of actual 

emissions exceeds the old level. 

(6) A decrease in actual emissions is creditable only to the extent that: 

20.1 1.6 1 NMAC 
(a) the old level of actual emissions or the old level of allowable emissions, whichever is lower, 

exceeds the new level of actual emissions; 

(b) it is enforceable as a practical matter at and after the time that actual construction on the 

particular change begins; and 

(c) it has approximately the same qualitative significance for public health and welfare as that 

attributed to the increase from the particular change. 

(7) An increase that results from a physical change at a source occurs when the emissions unit on 

which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit 

that requires shakedown becomes operational only afier a reasonable shakedown period, not to exceed 180 days. 

(8) Paragraph (2) of Subsection B of 20.1 1.61.7 NMAC shall not apply for determining creditable 

increases and decreases. 

PP. "Nonattainment area" means an area which has been designated under Section 107 of the Act as 

nonattainment for one or more of the national ambient air quality standards by EPA. 

QQ. "Portable stationary source" means a source which can be relocated to another operating site 

with limited dismantling and reassembly. 

RR. "~otential to emit" means the maximum capacity of a stationary source to emit a pollutant under 

its physical and operational design. Any physical or operational limitation on the capacity of the souice to emit a 

pollutant, including air pollutant control equipment and restrictions on hours of operation or on the type or amount 

of material combusted, stored, or processed, shall be treated as part of its design if the limitations or the effect the 

limitation would have on emissions is federally enforceable. Secondary emissions do not count in determining the 

potential to emit of a stationary source. 

SS. "Predictive emissions monitoring system (PEMS)" means all of the equipment necessary to 

monitor process and control device operational parameters (for example, control device secondary voltages and 

electric currents) and other information (for example, gas flow rate, 02 or C02 concentrations), and calculate and 

record the mass emissions rate (for example, lblhr) on a continuous basis. 

TT. "Project" means a physical change in, or change in method of operation of, an existing major 

stationary source. 

UU. "Projected actual emissions" means the maximum annual rate, in tons per year, at whch an 

existing emissions unit is projected to emit a regulated new source review pollutant in any one of the five years (12- 

month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years 

following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that 

regulated new source review pollutant, and full utilization of the unit would result in a significant emissions 

increase, or a significant net emissions increase at the major stationary source. In determining the projected actual 

emissions before beginning actual construction, the owner or operator of the major stationary source: 

(1) shall consider all relevant information, including but not limited to, historical operational data, the 

company's own representations, the company's expected business activity and the company's highest projections of 

business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under 

an approved SIP; and 

(2) shall include fugitive emissions to the extent quantifiable and emissions associated with startups, 

shutdowns, and malfunctions; and 

(3) shall exclude, in calculating any increase in emissions that results from the particular project, that 

portion of the unit's emissions following the project that an existing unit could have accommodated during the 

consecutive 24-month period used to establish the baseline actual emissions under Subsection I of 20.11.61.7 

NMAC and that are also unrelated to the particular project, including any increased utilization due to product 

demand growth; or, 

(4) in lieu of using the method set out in Paragraphs (1) through (3) of Subsection UU of 20.1 1.61.7 

NMAC, may elect to use the emissions unit's potential to emit in tons per year. 

VV. "Regulated new source review pollutant" means the following: 

(1) any pollutant for which a national ambient air quality standard has been promulgated and any 

constituents or precursors for such pollutants identified by the administrator (e.g., volatile organic compounds and 

oxides of nitrogen are precursors for ozone); 

(2) any pollutant that is subject to any standard promulgated under Section 11 1 of the Act; 

(3) any class I or I1 substance subject to a standard promulgated under or established by Title VI of 

the Act; or 

(4) any pollutant that otherwise is subject to regulation under the Act; except that any or all hazardous 

air pollutants either listed in Section 112 of the Act or added to the list pursuant to Section 112(b)(2) of the Act, 

20.1 1.6 1 NMAC 
which have not been delisted pursuant to Section 1 12(b)(3) of the Act, are not regulated new source review 

pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general 

pollutant listed under Section 108 of the Act. 

WW. "Replacement unit" means an emission unit for which all of the following criteria are met. No 

creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. 

(1) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(l), or the 

emissions unit completely takes the place of an existing emissions unit. 

(2) The emissions unit is identical to or hnctionally equivalent to the replaced emissions unit. 

(3) The replacement unit does not change the basic design parameter(s) of the process unit. 

(4) The replaced emissions unit is permanently removed from the major stationary source, otherwise 

permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If 

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

XX. "Secondary emissions" means emissions which occur as a result of the construction or operation 

of a major stationary source or major modification, but do not come from the major stationary source or major 

modification itself. For the purpose of Subsection XX of 20.1 1.61.7 NMAC, secondary emissions must be specific, 

well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes 

the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not 

be constructed or increase its emissions except as a result of the construction or operation of the major stationary 

source or major modification. Secondary emissions do not include any emissions which come directly from a 

mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. 

YY. "Significant" means in reference to a net emissions increase or the potential of a source to emit 

air pollutants, a rate of emission that would equal or exceed any of the rates listed in Table 2 of 20.1 1.61.27 NMAC. 

ZZ. "Significant emissions increase" means, for a regulated new source review pollutant, an increase 

in emissions that is significant for that pollutant. 

AAA. "Stationary source" means any building, structure, facility, or installation which emits, or may 

emit, any regulated new source review pollutant. 

BBB. "Temporary source" means a stationary source which changes its location or ceases to exist 

within two years from the date of initial start of operations. 

CCC. "Visibility impairment" means any humanly perceptible change in visibility (visual range, 

contrast, coloration) from that which would have existed under natural conditions. 

DDD. "Volatile organic compound (VOC)" means any organic compound which participates in 

atmospheric photochemical reactions; that is, any organic compound other than those which the administrator 

designates as having negligible photochemical reactivity. 

[20.11.61.7 NMAC - Rp, 20.11.61.7 NMAC, 1/23/06; A, 511 5/06] 

20.1 1.61.8 SAVINGS CLAUSE: Any amendment to 20.1 1.6 1 NMAC, Prevention of Significant 

Deterioration that is filed with the state records center and archives shall not affect actions pending for violation of a 

city or county ordinance or board regulation. Prosecution for a violation under prior regulation wording shall be 

governed and prosecuted under the statute, ordinance, part or section in effect at the time the violation was 

committed. 

[20.11.61.8 NMAC - Rp, 20.1 1.6 1.9 NMAC, 1/23/06] 

20.1 1.61.9 SEVERABILITY: If any section, paragraph, sentence, clause, or word of 20.1 1.6 1 NMAC or 

any federal standards incorporated herein is for any reason held to be unconstitutional or otherwise invalid by any 

court, the decision shall not affect the validity of remaining provisions of 20.1 1.61 NMAC. 

[20.11.61.9 NMAC - Rp, 20.11.6 1.10 NMAC, 1/23/06] 

20.11.61.10 DOCUMENTS: Documents incorporated and cited in 20.1 1.61 NMAC may be viewed at the 

Albuquerque environmental health department, One civic Plaza NW, 3rd Floor, Room 3023, Albuquerque, NM 

87 102. 

[20.11.61.10 NMAC - Rp, 20.1 1.61.1 1 NMAC, 1/23/06] 

20.11.61.11 APPLICABILITY: 

A. The requirements of 20.1 1.61 NMAC apply to the construction of any new major stationary 

source or any project at an existing major stationary source in an area designated as attainment or unclassifiable. 

20.1 1.6 1 NMAC 
B. The requirements of Sections 20.1 1.6 1.12 NMAC through 20.1 1.6 1.18 NMAC, 20.1 1.6 1.2 1 

NMAC and 20.1 1.6 1.24 NMAC apply to the construction of any new major stationary source or the major 

modification of any existing major stationary source, except as 20.1 1.6 1 NMAC otherwise provides. 

C. No new major stationary source or major modification to which the requirements of Subsections 

A, B, C and D of 20.1 1.61.12 NMAC, Sections 20.1 1.61.13 NMAC through 20.1 1.61.18 NMAC, 20.1 1.61.21 

NMAC and 20.1 1.61.24 NMAC apply shall begin actual construction without a permit that states that the major 

stationary source or major modification will meet those requirements. 

D. Applicability procedures. 

(1) Except as otherwise provided in Subsections E and F of 20.11.61.11 NMAC, and consistent with 

the definition of major modification, a project is a major modification for a regulated new source review pollutant if 

it causes a significant emissions increase and a significant net emissions increase. The project is not a major 

modification if it does not cause a significant emissions increase. If the project causes a significant emissions 

increase, then the project is a major modification only if it also results in a significant net emissions increase. 

(2) The procedure for calculating (before beginning actual construction) whether a significant 

emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being 

modified, according to Paragraphs (3) through (4) of Subsection D of 20.1 1.61.1 1 NMAC. The procedure for 

calculating (before beginning actual construction) whether a significant net emissions increase will occur at the 

major stationary source (i.e., the second step of the process) is contained in the definition in Subsection 00 of 

20.1 1.61.7 NMAC. Regardless of any such preconstruction projections, a major modification results if the project 

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

(3) Actual-to-projected-actual applicability test for projects that involve existing emissions units. A 

significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the 

difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit 

equals or exceeds the significant amount for that pollutant. 

(4) ~ctual-t~-~otentialest for projects that involve construction of a new emissions unit(s). A 

significant emissions increase of a regulated new-source review pollutant is projected to occur if the sum of the 

difference between the potential to emit from each new emissions unit following completion of the project and the 

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

E. For any major stationary source for a PAL for a regulated new source review pollutant, the major 

stationary source shall comply with requirements under 20.1 1.61.20 NMAC. 

[20.11.61 .I 1 NMAC - N, 1/23/06] 

20.11.61.12 OBLIGATIONS OF OWNERS OR OPERATORS OF SOURCES: 

A. Any owner or operator who begins actual construction or operates a source or modification 

without, or not in accordance with, a permit issued under the requirements of 20.1 1.61 NMAC shall be subject to 

enforcement action. 

B. The issuance of a permit does not relieve any person from the responsibility of complying with the 

provisions ofthe Air Quality Control Act, Sections 74-2-1 to 74-2-17, NMSA 1978; any applicable regulations of 

the board; and any other requirements under local, state, or federal law. 

C. Approval to construct shall become invalid if: 

(1) construction is not commenced within 18 months after receipt of such approval; 

(2) if construction is discontinued for a period of 18 months or more; or 

(3) if construction is not completed within a reasonable time. For a phased construction project, each 

phase must commence construction within 18 months of the projected and approved commencement date. The 

director may extend the 18 month period upon a satisfactory showing that an extension is justified. 

D. If a source or modification becomes a major stationary source or major modification solely due to 

a relaxation in any enforceable limitation (which limitation was established after August 7, 1980), on the capacity of 

the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then 20.1 1.61 

NMAC shall apply to the source or modification as though construction had not yet commenced. 

E. The following specific provisions apply to projects at existing emissions units at a major 

stationary source (other than projects at a source with a PAL) in circumstances where the owner or operator elects to 

use the method specified in Paragraphs (1) through (3) of Subsection UU of 20.1 1.61.7 NMAC for calculating 

projected actual emissions. 

(1) Before beginning actual construction of the project, the owner or operator shall document and 

maintain a record of the following information: 

(a) a description of the project; 

20.1 1.61 NMAC 
(b) identification of the emissions unit(s) whose emissions of a regulated new source review 

pollutant could be affected by the project; and 

(c) a description of the applicability test used to determine that the project is not a major 

modification for any regulated new source review pollutant, including the baseline actual emissions, the projected 

actual emissions, the amount of emissions excluded under Paragraph (3) of Subsection UU of 20.1 1.6 1.7 NMAC 

and an explanation for why such amount was excluded, and any netting calculations, if applicable. 

(2) If the emissions unit is an existing electric utility steam generating unit, before beginning actual 

construction, the owner or operator shall provide a copy of the information set out in Paragraph (1) of Subsection E 

of 20.1 1.6 1.12 NMAC to the department. Nothing in this Paragraph (2) of Subsection E of 20.1 1.61.12 NMAC 

shall be construed to require the owner or operator of such a unit to obtain any determination from the department; 

however, necessary preconstruction approvals andlor permits must be obtained before beginning actual construction. 

(3) The owner or operator shall monitor the emissions of any regulated new source review pollutant 

that could increase as a result of the project and that is emitted by any emissions unit identified in Subparagraph (b) 

of Paragraph (1) of Subsection E of 20.1 1.6 1.12 NMAC; and calculate and maintain a record of the annual 

emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular 

operations after the change, or for a period of 10 years following resumption of regular operations after the change if 

the project increases the design capacity or potential to emit of that regulated new source review pollutant at such 

emissions unit. 

(4) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a 

report to the department within 60 days after the end of each year during which records must be generated under 

Subparagraph (c) of Paragraph (1) of Subsection E of 20.11.61.12 NMAC setting out the unit's annual emissions 

during the calendar year that preceded submission of the report. 

(5) If the unit is an existing unit other than an electric utility steam generating unit, the owner or 

operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified 

in Paragraph (1) of Subsection E of 20.1 1.61.12 NMAC, exceed the baseline actual emissions (as documented and 

maintained pursuant to Subparagraph (c) of Paragraph (1) of Subsection E of 20.11.61.12 NMAC) by a significant 

amount for that regulated new source review pollutant, and if such emissions differ from the preconstruction 

projection as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of Subsection E of 

20.1 1.61.12 NMAC. Such report shall be submitted to the department within 60 days after the end of such year. The 

report shall contain the following: 

(a) the name, address and telephone number of the major stationary source; 

(b) the annual emissions as calculated pursuant to Paragraph (3) of Subsection E of 20.1 1.61.12 

NMAC; and 

(c) any other information that the owner or operator wishes to include in the report (e.g., an 

explanation as to why the emissions differ from the preconstruction projection). 

F. The owner or operator of the source shall make the information required to be documented and 

maintained pursuant to Subsection E of 20.1 1.61.12 NMAC available for review upon request for inspection by the 

department or the general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii), 

[20.11.61.12 NMAC - Rp, 20.1 1.61.12 NMAC, 1/23/06] 

20.11.61.13 SOURCE INFORMATION: The owner or operator of a proposed source or modification shall 

submit all information necessary to perfonn any analysis or make any determination required by 20.1 1.61 NMAC. 

A. Information shall include, but is not limited to: 

(1) a description of the nature, location, design capacity, and typical operating schedule of the source 

or modification, including specifications and drawings showing the design and plant layout; and 

(2) a detailed schedule of construction of the source or modification; and 

(3) a detailed description of the planned system of continuous emission reduction for the source or 

modification, emission estimates, and other information necessary to determine that best available control 

technology will be applied. 

B. Upon request by the department, the owner or operator shall also provide information on: 

(1) The air quality impact of the source or modification, including meteorological and topographic 

data necessary to estimate such impact; and 

(2) The air quality impacts, and the nature and extent of any or all general commercial, residential, 

industrial, and other growth which has occurred since August 7, 1977 in the area the source or modification would 

affect. 

[20.11.61.13 NMAC - Rp, 20.1 1.61.13 NMAC, 1/23/06] 

20.1 1.61 NMAC 
20.1 1.61.14 CONTROL TECHNOLOGY REQUIREMENTS: 

A. A new major stationary source shall apply best available control technology for each regulated 

new source review pollutant that it would have the potential to emit in amounts equal to or greater than the 

significance levels as listed in Table 2 of 20.1 1.6 1.27 NMAC. This requirement applies to each proposed emissions 

unit or operation that will emit such pollutant. 

B. A major modification shall apply best available control technology for each regulated new source 

review pollutant at the source when a significant net emissions increase occurs. This requirement applies to each 

proposed emissions unit or operation where a net emissions increase in the pollutant would occur as a result of a 

physical change or change in the method of operation in the unit. 

C. For phased construction projects, the determination of best available control technology shall be 

reviewed and modified as appropriate at the latest reasonable time but no later than 18 months prior to 

commencement of construction of each independent phase of the project. At such time, the owner or operator of the 

applicable stationary source may be required to demonstrate the adequacy of any previous determination of best 

available control technology for the source. 

D. The department may approve a system of innovative control technology for the major stationary 

source or major modification if 

(1) The proposed control system would not cause or contribute to an unreasonable risk to public 

health, welfare, or safety in its operation or function; and 

(2) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to 

that which would have been required under best available control technology by a date specified by the department. 

Such date shall not be later than four years from the time of startup or seven years from permit issuance; and 

(3) The source or modification would meet the requirements of 20.1 1.6 1.14 NMAC and 20.1 1.6 1.15 

NMAC based on the emission rate that the system of innovative control technology would be required to meet on 

the date specified by the department; and 

(4) During the interim period of achieving the permitted emission level, the source or modification 

would not: 

(a) cause or contribute to a violation of an applicable national ambient air quality standard; nor 

(b) impact any federal class I area; nor 

(c) impact any area where an applicable increment is known to be violated; and 

(d) all other applicable requirements including those for public participation have been met. 

E. The department shall withdraw any approval to employ a system of innovative control technology 

if 

(1) the proposed system fails by the specified date to achieve the required continuous emissions 

reduction rate; or 

(2) the proposed system fails before the specified date so as to contribute to an unreasonable risk to 

public health, welfare, or safety; or 

(3) the department decides at any time that the proposed system is unlikely to achieve the required 

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

F. If a source or modification fails to meet the required level of continuous emission reduction within 

the specified time period or the approval is withdrawn in accordance with Subsection E of 20.1 1.6 1.14 NMAC, the 

department may allow the source or modification up to an additional three years to meet the requirement for the 

application of best available control technology. This shall be accomplished through use of a demonstrated system 

of control. 

G. If the owner or operator of a major stationary source or major modification previously issued a 

permit under 20.1 1.6 1 NMAC applies for an extension, and the new proposed date of construction is greater than 18 

months from the date the permit would become invalid, the determination of best available control technology shall 

be reviewed and modified as appropriate before such an extension is granted. At such time, the owner or operator of 

the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best 

available control technology for the source. 

H. For cases where PMlo emissions cannot be quantified, the best available control technology 

limitation may be defined in terms of particulate matter emissions. 

[20.11.61.14 NMAC - Rp, 20.1 1.61.14 NMAC, 1/23/06] 

20.1 1.61.15 AMBIENT IMPACT REQUIREMENTS: 

20.1 1.61 NMAC 
A. The requirements of 20.1 1.6 1.15 NMAC shall apply to each pollutant emitted by a new major 

stationary source or major modification in amounts equal to or greater than that in Table 2 of 20.1 1.6 1.27 NMAC. 

For particulate matter, the source will only be required to perform ambient impact analysis for PMlo when the source 

has the potential to emit significant amounts of PMlo as determined from Table 2 of 20.1 1.61.27 NMAC. 

B. The allowable emission increases from the proposed source or modification, including secondary 

emissions, in conjunction with all other applicable emissions increases or reductions, including secondary emissions, 

shall not cause or contribute to air pollution in violation of: 

(1) any national ambient air quality standard in any location; or 

(2) any applicable maximum allowable increase as shown in Table 4 of 20.1 1.61.29 NMAC over the 

baseline concentrations in any area. 

C. The owner or operator of the proposed major stationary source or major modification shall 

demonstrate that neither a violation of Paragraph (1) or Paragraph (2) of Subsection B of 20.1 1.61.15 NMAC will 

occur. 

[20.11.61.15 NMAC - Rp, 20.1 1.61.15 NMAC, 1/23/06] 

20.11.61.16 ADDITIONAL IMPACT REQUIREMENTS: 

A. The owner or operator of the proposed major stationary source or major modification shall provide 

an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the source or 

modification and general commercial, residential, industrial, and other growth associated with the source or 

modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant 

commercial or recreational value. The analysis can use data or information available from the department. 

B. The owner or operator shall also provide an analysis of the air quality impact projected for the area 

as a result of general commercial, residential, industrial, and other growth associated with the source or 

modification. 

[20.11.61.16 NMAC - Rp, 20.1 1.61.16 NMAC, 1/23/06] 

20.1 1.61.17 AMBIENT AIR QUALITY MODELING: All estimates of ambient concentrations required by 

20.1 1.61 NMAC shall be based on applicable air quality models, data bases, and other requirements as specified in 

Appendix W to 40 CFR Part 51, its revisions, or any superseding EPA document, and approved by the department. 

Where an air quality impact model specified in the Appendix W to 40 CFR Part 5 1 is inappropriate, the model may 

be modified or another model substituted. Any substitution or modification of a model must be approved by the 

department. Notification shall be given by the department of such a substitution or modification and the opportunity 

for public comment provided for in fulfilling the public notice requirements in Subsection B of 20.1 1.6 1.2 1 NMAC. 

The department will seek EPA approval of such substitutions or modifications. 

[20.11.61.17 NMAC - Rp, 20.1 1.6 1.17 NMAC, 1/23/06] 

20.1 1.61.18 MONITORING REQUIREMENTS: 

A. Any application for a permit under 20.1 1.6 1 NMAC shall contain an analysis of ambient air 

quality. Air quality data can be that measured by the applicant or that available from a government agency in the 

area affected by the major stationary source or major modification. The analysis shall contain the following: 

(1) for a major stationary source, each pollutant for which the potential to emit is equal to or greater 

than the significant emission rates as listed in Table 2 of 20.1 1.61.27 NMAC; or 

(2) for a major modification, each pollutant that would result in a significant net emission increase. 

B. If no national ambient air quality standard for a pollutant exists, and there is an acceptable method 

for monitoring that pollutant, the analysis shall contain such air quality monitoring data as the department 

determines is necessary to assess ambient air quality for that pollutant. 

C. Continuous air quality monitoring data shall be required for all pollutants for which a national 

ambient air quality standard exists. Such data shall be submitted to the department for at least the one year period 

prior to receipt of the permit application. The department has the discretion to: 

(1) determine that a complete and adequate analysis can be accomplished with monitoring data 

gathered over a period shorter than one year but not less than four months; or 

(2) determine that existing air quality monitoring data is representative of air quality in the affected 

area and accept such data in lieu of additional monitoring by the applicant. 

D. Ozone monitoring shall be performed if monitoring data is required for volatile organic 

compounds or oxides of nitrogen. Post construction ozone monitoring data may be submitted in lieu of providing 

20.1 1.6 1 NMAC 
preconstmction data as required under Subsection C of 20.1 1.61.18 NMAC if the owner or operator of the proposed 

major source or major modification satisfies all the provisions of 40 CFR Part 51, Appendix S, Section IV. 

E. The department may require monitoring of visibility in any federal class I area where the 

department determines that an adverse impact on visibility may occur due primarily to the operations of the 

proposed new source or modification. Such monitoring shall be conducted following procedures approved by the 

department and subject to the following: 

(1) visibility monitoring methods specified by the department shall be reasonably available and not 

require any research and development; and 

(2) the cost of visibility monitoring required by the department shall not exceed 50 percent of the cost 

of ambient monitoring required by 20.11.61 NMAC. If ambient monitoring is not required, the cost shall be 

estimated as if it were required for each pollutant to which 20.1 1.6 1 NMAC applies. 

(3) both preconstruction and post construction visibility monitoring may be required. In each case, 

the duration of such monitoring shall not exceed one year. 

F. The owner or operator of a major stationary source or major modification shall conduct post 

construction ambient monitoring as the department determines is necessary to validate attainment of ambient air 

quality standards and to assure that increments are not exceeded. 

G. The owner or operator of a major stationary source or major modification shall meet the 

requirements of 40 CFR 58, Appendix B during the operation of monitoring stations for purposes of satisfying the 

requirements of this 20.11.6 1 NMAC. 

H. The department has the discretion to exempt a stationary source or modification from the 

requirements of 20.1 1.61.18 NMAC with respect to monitoring for a particular pollutant if the emissions of the 

pollutant from the new source or the net emissions increase of the pollutant from the modification would cause, in 

any area, increases in ambient concentrations less than the levels listed in Table 3 of 20.1 1.6 1.28 NMAC. 

I. The department shall exempt a stationary source or modification from the requirements of 

20.11.61 .I8 NMAC with respect to preconstmction monitoring for a particular pollutant if: 

(1) for ozone, volatile organic compound emissions and oxides of nitrogen are less than 100 tons per 

year; or 

(2) the air pollutant is not a regulated new source review pollutant; or 

(3) the existing ambient concentrations of the pollutant in the area affected by the source or 

modification are less than the concentrations listed in Table 3 of 20.1 1.61.28 NMAC. 

[20.11.61 .I8 NMAC - Rp, 20.1 1.61.18 NMAC, 1/23/06] 

20.11.61.19 TEMPORARY SOURCE EXEMPTIONS: The requirements of 20.1 1.61.16 NMAC and 

20.1 1.61.18 NMAC shall not apply to a temporary source subject to 20.1 1.61 NMAC for a given pollutant if the 

allowable emissions of such pollutant would not impact any federal class I area or any areas where an applicable 

increment is violated and would be temporary. 

[20.11.61.19NMAC -Rp, 20.11.61.19NMAC, 1/23/06] 

20.11.61.20 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALS) 

A. Applicability. 

(1) The department may approve the use of an actuals PAL for any existing major stationary source if 

the PAL meets the requirements of 20.1 1.61.20 NMAC. The term "PAL" shall mean "actuals PAL" throughout 

20.1 1.61.20 NMAC. 

(2) Any physical change in or change in the method of operation of a major stationary source that 

maintains its total source-wide emissions below the PAL level, meets the requirements of 20.11.61.20 NMAC, and 

complies with the PAL permit: 

(a) is not a major modification for the PAL pollutant; 

(b) does not have to be approved through the requirements of 20.1 1.61 NMAC; and 

(c) is not subject to the provisions in Subsection D of 20.1 1.61.12 NMAC (restrictions on 

relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the major 

new source review program). 

(3) Except as provided under Subparagraph (c) of Paragraph (I) of Subsection A of 20.11.61.20 

NMAC, a major stationary source shall continue to comply with all applicable federal or state requirements, 

emission limitations, and work practice requirements that were established prior to the effective date of the PAL. 

B. Definitions applicable to 20.11.61.20 NMAC. 

20.1 1.61 NMAC 
(1) Actuals PAL for a major stationary source means a PAL based on the baseline actual 

emissions of all emissions units at the source that emit or have the potential to emit the PAL pollutant. 

(2) Allowable emissions means "allowable emissions" as defined in Subsection F of 20.1 1.61.7 

NMAC, except as this definition is modified in accordance with the following. 

(a) The allowable emissions for any emissions unit shall be calculated considering any 

emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit. 

(b) An emissions unit's potential to emit shall be determined using the definition in Subsection 

RR of 20.1 1.6 1.7 NMAC, except that the words "or enforceable as a practical matter" should be added after 

"federally enforceable". 

(3) Small emissions unit means an emissions unit that emits or has the potential to emit the PAL 

pollutant in an amount less than the significant level for that PAL pollutant, as defined in Subsection YY of 

20.1 1.61.7 NMAC or in the Act, whichever is lower. 

(4) Major emissions unit means: 

(a) Any emissions unit that emits or has the potential to emit 100 tons per year or more of the 

PAL pollutant in an attainment area; or 

(b) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount 

that is equal to or greater than the major source threshold for the PAL pollutant as defined by the Act for 

nonattainment areas. For example, in accordance with the definition of major stationary source in Section 182(c) of 

the Act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious 

ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year. 

(5) Plantwide applicability limitation (PAL) means an emission limitation expressed in tons-peryear, for a pollutant at a major stationary source that is enforceable as a practical matter and established source-wide 

in accordance with 20.1 1.6 1.20 NMAC. 

(6) PAL effective date generally means the date of issuance of the PAL permit. However, the PAL 

effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification 

becomes operational and begins to emit the PAL pollutant. 

(7) PAL effective period means the period beginning with the PAL effective date and ending 10 

years later. 

(8) PAL major modification means, notwithstanding the definitions for major modification and net 

emissions increase in 20.1 1.61.7 NMAC, any physical change in or change in the method of operation of the PAL 

source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. 

(9) PAL permit means the major new source review permit, the minor new source review permit, or 

the State operating permit under a program that is approved into the SIP, or the title V permit issued by the 

department that establishes a PAL for a major stationary source. 

(10) PAL pollutant means the pollutant for which a PAL is established at a major stationary source. 

(1 1) Significant emissions unit means an emissions unit that emits or has the potential to emit a PAL 

pollutant in an amount that is equal to or greater than the significant level as defined in Subsection YY of 20.1 1.61.7 

NMAC or in the Act, whichever is lower for that PAL pollutant, but less than the amount that would qualify the unit 

as a major emissions unit as defined in Paragraph (4) of Subsection B of 20.1 1.6 1.20 NMAC. 

C. Permit application requirements. As part of a permit application requesting a PAL, the owner 

or operator of a major stationary source shall submit the following information to the department for approval. 

(1) A list of all emissions units at the source designated as small, significant or major based on their 

potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state 

applicable requirements, emission limitations, or work practices apply to each unit. 

(2) Calculations of the baseline actual emissions with supporting documentation. Baseline actual 

emissions are to include emissions associated not only with operation of the unit, but also emissions associated with 

startup, shutdown, and malfunction. 

(3) The calculation procedures that the major stationary source owner or operator proposes to use to 

convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for 

each month as required by Subsection M of 20.1 1.61.20 NMAC. 

D. General requirements for establishing PALS. 

(1) The department may establish a PAL at a major stationary source, provided that at a minimum, 

the following requirements are met. 

(a) The PAL shall impose an annual emission limitation in tons per year that is enforceable as a 

practical matter for the entire major stationary source. For each month during the PAL effective period after the first 

12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the 

20.1 1.6 1 NMAC 
monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the 

PAL (a 12-month average, rolled monthly). For each month during the first 1 I months from the PAL effective date, 

the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the 

PAL effective date for each emissions unit under the PAL is less than the PAL. 

(b) The PAL shall be established in a PAL permit that meets the public participation 

requirements in Subsection E of 20.1 1.6 1.20 NMAC. 

(c) The PAL permit shall contain all the requirements of Subsection G of 20.1 1.61.20 NMAC. 

(d) The PAL shall include hgitive emissions, to the extent quantifiable, from all emissions 

units that emit or have the potential to emit the PAL pollutant at the major stationary source. 

(e) Each PAL shall regulate emissions of only one pollutant. 

(f) Each PAL shall have a PAL effective period of 10 years. 

(g) The owner or operator of the major stationary source with a PAL shall comply with the 

monitoring, recordkeeping, and reporting requirements provided in Subsections L through N of 20.1 1.6 1.20 NMAC 

for each emissions unit under the PAL through the PAL effective period. 

(2) At no time during or after the PAL effective period are emissions reductions of a PAL pollutant 

that occur during the PAL effective period creditable as decreases for purposes of offsets under 40 CFR 

5 1.165(a)(3)(ii) unless the level of the PAL is reduced by the amount of such emissions reductions and such 

reductions would be creditable in the absence of the PAL. 

E. Public participation requirements for PALs. PALs for existing major stationary sources shall 

be established, renewed, or increased, through a procedure that is consistent with 40 CFR 5 1.160 and 161. This 

includes the requirement that the department provide the public with notice of the proposed approval of a PAL 

permit and at least a 30-day period for submittal of public comment. The department must address all material 

comments before taking final action on the permit. 

F. Setting the 10-year actuals PAL level. 

(1) Except as provided in Paragraph (2) of Subsection F of 20.1 1.6 1.20 NMAC, the actuals PAL level 

for a major stationary source shall be established as the sum of the baseline actual emissions of the PAL pollutant 

for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant 

under Subsection YY of 20.1 1.61.7 NMAC or under the Act, whichever is lower. When establishing the actuals 

PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actual 

emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each 

different PAL pollutant. Emissions associated with units that were permanently shutdown after this 24-month 

period must be subtracted from the PAL level. The department shall specify a reduced PAL level(s) (in tonslyr) in 

the PAL permit to become effective on the future compliance date(s) of any applicable federal or state regulatory 

requirement(s) that the department is aware of prior to issuance of the PAL permit. For instance, if the source owner 

or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm 

NOx to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the 

current PAL level reduced by half of the original baseline emissions of such unit(s). 

(2) For newly constructed units (which do not include modifications to existing units) on which 

actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in 

Paragraph (1) of Subsection F of 20.11.6 1.20 NMAC, the emissions must be added to the PAL level in an amount 

equal to the potential to emit of the units. 

G. Contents of the PAL permit. The PAL permit shall contain, at a minimum, the following 

information. 

(1) The PAL pollutant and the applicable source-wide emission limitation in tons per year. 

(2) The PAL permit effective date and the expiration date of the PAL (PAL effective period). 

(3) Specification in the PAL permit that if a major stationary source owner or operator applies to 

renew a PAL in accordance with Subsection J of 20.1 1.61.20 NMAC before the end of the PAL effective period, 

then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL 

permit is issued by the department. 

(4) A requirement that emission calculations for compliance purposes include emissions from 

startups, shutdowns and malfunctions. 

(5) A requirement that, once the PAL expires, the major stationary source is subject to the 

requirements of Subsection I of 20.1 1.6 1.20 NMAC. 

(6) The calculation procedures that the major stationary source owner or operator shall use to convert 

the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each 

month as required by Paragraph (1) of Subsection C of 20.1 1.61.20 NMAC. 

20.1 1.6 1 NMAC 16 
(7) A requirement that the major stationary source owner or operator monitor all emissions units in 

accordance with the provisions under Subsection M of 20.1 1.6 1.20 NMAC. 

(8) A requirement to retain the records required under Subsection M of 20.1 1.61.20 NMAC on site. 

Such records may be retained in an electronic format. 

(9) A requirement to submit the reports required under Subsection N of 20.11.61.20 NMAC by the 

required deadlines. 

(10) Any other requirements that the department deems necessary to implement and enforce the PAL. 

H. PAL effective period and reopening of the PAL permit. 

(1) PAL effective period. The PAL effective period shall be ten years. 

(2) Reopening of the PAL permit. 

(a) During the PAL effective period, the department shall reopen the PAL permit to correct 

typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used 

to establish the PAL; reduce the PAL if the owner or operator of the major stationary source creates creditable 

emissions reductions for use as offsets under 40 CFR 5 1.165(a)(3)(ii); and revise the PAL to reflect an increase in 

the PAL as provided under Paragraph Subsection K of 20.1 1.6 1.20 NMAC. 

(b) The department may reopen the PAL permit for the following to reduce the PAL to reflect 

newly applicable federal requirements (for example, NSPS) with compliance dates after the PAL effective date to 

reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the 

department may impose on the major stationary source under the plan; and to reduce the PAL if the department 

determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, 

or to an adverse impact on an air quality related values (AQRV) that has been identified for a federal class I area by 

a federal land manager and for which information is available to the general public. 

(c) Except for the permit reopening in Subparagraph (a) of Paragraph (2) of Subsection H of 

20.1 1.6 1.20 NMAC for the correction of typographical/calculation errors that do not increase the PAL level, all 

reopenings shall be carried out in accordance with the public participation requirements of Subsection E of 

20.1 1.6 1.20 NMAC. 

1. Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in 

Subsection J of 20.1 1.6 1.20 NMAC shall expire at the end of the PAL effective period, and the requirements in 

Subsection I of 20.1 1.61.20 NMAC shall apply. 

(1) Each emissions unit, or each group of emissions units, that existed under the PAL shall comply 

with an allowable emission limitation under a revised permit established according to the procedures in Paragraph 

(1) of Subsection I of 20.1 1.6 1.20 NMAC. 

(a) Within the time frame specified for PAL renewals in Paragraph (2) of Subsection J of 

20.11.61.20 NMAC, the major stationary source shall submit a proposed allowable emission limitation for each 

emissions unit, or each group of emissions units, if such a distribution is more appropriate as decided by the 

department, by distributing the PAL allowable emissions for the major stationary source among each of the 

emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that 

became effective during the PAL effective period, as required under Paragraph (5) of Subsection J of 20.1 1.6 1.20 

NMAC, such distribution shall be made as if the PAL had been adjusted. 

(b) The department shall decide whether and how the PAL allowable emissions will be 

distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of 

emissions units, as the department determines is appropriate. 

(2) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling 

basis. The department may approve the use of monitoring systems (source testing, emission factors, etc.) other than 

CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable emission limitation. 

(3) Until the department issues the revised permit incorporating allowable limits for each emissions 

unit, or each group of emissions units, as required under Subparagraph (b) of Paragraph (1) of Subsection I of 

20.1 1.6 1.20 NMAC, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to 

the level of the PAL emission limitation. 

(4) Any physical change or change in the method of operation at the major stationary source will be 

subject to major new source review requirements if such change meets the definition of major modification in 

Subsection HH of 20.1 1.6 1.7 NMAC. 

(5) The major stationary source owner or operator shall continue to comply with any state or federal 

applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period 

or prior to the PAL effective period except for those emission limitations that had been established pursuant to 

20.1 1.6 1 NMAC 

-- - 
Subsection D of 20.1 1.6 1.12 NMAC, but were eliminated by the PAL in accordance with the provisions in 

Subparagraph (c) of Paragraph (2) of Subsection A of 20.1 1.61.20 NMAC. 

J. Renewal of a PAL. 

(1) The department shall follow the procedures specified in Subsection E of 20.11.6 1.20 NMAC in 

approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level 

and a written rationale for the proposed PAL level to the public for review and comment. During such public 

review, any person may propose a PAL level for the source for consideration by the department. 

(2) Application deadline. A major stationary source owner or operator shall submit a timely 

application to the department to request renewal of a PAL. A timely application is one that is submitted at least six 

months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application 

submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major 

stationary source submits a complete application to renew the PAL within this time period, then the PAL shall 

continue to be effective until the revised permit with the renewed PAL is issued. 

(3) Application requirements. The application to renew a PAL permit shall contain the following 

information. 

(a) The information required in Subsection C of 20.1 1.6 1.20 NMAC. 

(b) A proposed PAL level. 

(c) The sum of the potential to emit of all emissions units under the PAL, with supporting 

documentation. 

(d) Any other information the owner or operator wishes the department to consider in 

determining the appropriate level for renewing the PAL. 

(4) PAL adjustment. In determining whether and how to adjust the PAL, the department shall 

consider the options outlined in Subparagraphs (a) and (b) of Paragraph (4) Subsection J of 20.1 1.61.20 NMAC. 

However, in no case may any such adjustment fail to comply with Subparagraph (c) of Paragraph 4 of Subsection J 

of 20.1 1.6 1.20 NMAC. 

(a) If the emissions level calculated in accordance with Subsection F of 20.1 1.61.20 NMAC is 

equal to or greater than 80 percent of the PAL level, the department may renew the PAL at the same level without 

considering the factors set forth in Subparagraph (b) of Paragraph (4) of Subsection J of 20.11.6 1.20 NMAC; or 

(b) The department may set the PAL at a level that it determines to be more representative of 

the source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances 

in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary 

emissions reductions, or other factors as specifically identified by the department in its written rationale. 

(c) Notwithstanding Subparagraphs (a) and (b) of Paragraph (4) of Subsection J of 20.1 1.6 1.20 

NMAC, if the potential to emit of the major stationary source is less than the PAL, the department shall adjust the 

PAL to a level no greater than the potential to emit of the source; and the department shall not approve a renewed 

PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of 

Subsection K of 20.1 1.6 1.20 NMAC. 

(5) If the compliance date for a state or federal requirement that applies to the PAL source occurs 

during the PAL effective period, and if the department has not already adjusted for such requirement, the PAL shall 

be adjusted at the time of PAL permit renewal or Title V permit renewal, whichever occurs first. 

K. Increasing a PAL during the PAL effective period. 

(1) The department may increase a PAL emission limitation only if the major stationary source 

complies with the following provisions. 

(a) The owner or operator of the major stationary source shall submit a complete application to 

request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions 

unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or 

exceed its PAL. 

(b) As part of this application, the major stationary source owner or operator shall demonstrate 

that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual 

emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the 

sum of the allowable emissions of the new or modified emissions unit(s), exceeds the PAL. The level of control that 

would result from BACT equivalent controls on each significant or major emissions unit shall be determined by 

conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently 

required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such 

a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which 

that emissions unit must currently comply. 

20.1 1.6 1 NMAC 
(c) The owner or operator obtains a major new source review permit for all emissions unit(s) 

identified in Subparagraph (a) of Paragraph (1) of Subsection B of 20.11.61.20 NMAC, regardless of the magnitude 

of the emissions increase resulting from them, that is, no significant levels apply. These emissions unit(s) shall 

comply with any emissions requirements resulting from the major new source review process, for example, BACT, 

even though they have also become subject to the PAL or continue to be subject to the PAL. 

(d) The PAL permit shall require that the increased PAL level shall be effective on the day any 

emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. 

(2) The department shall calculate the new PAL as the sum of the allowable emissions for each 

modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions 

units (assuming application of BACT equivalent controls as determined in accordance with Subparagraph (b) of 

Paragraph (1) of Subsection K of 20.11.61.20 NMAC), plus the sum of the baseline actual emissions of the small 

emissions units. 

(3) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice 

requirements of Subsection E of 20.1 1.61.20 NMAC. 

L. Monitoring requirements for PALS. 

(1) General requirements. 

(a) Each PAL permit must contain enforceable requirements for the monitoring system 

that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any 

monitoring system authorized for use in the PAL permit must be based on sound science and meet generally 

acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such 

system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. 

(b) The PAL monitoring system must employ one or more of the four general monitoring 

approaches meeting the minimum requirements set forth in Paragraph (2) of Subsection L of 20.1 1.61.20 NMAC 

and must be approved by the department. 

(c) Notwithstanding Subparagraph (b) of Paragraph (1) of Subsection L of 20.1 1.61.20 NMAC, 

you may also employ an alternative monitoring approach that meets Subparagraph (a) of Paragraph (1) of 

Subsection L of 20.1 1.61.20 NMAC if approved by the department. 

(d) Failure to use a monitoring system that meets the requirements of 20.1 1.61.20 NMAC 

renders the PAL invalid. 

(2) Minimum performance requirements for approved monitoring approaches. The following 

are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in 

Paragraphs (3) through (9) of Subsection L of 20.1 1.61.20 NMAC: 

(a) mass balance calculations for activities using coatings or solvents; 

(b) CEMS; 

(c) CPMS or PEMS; and 

(d) emission factors. 

(3) Mass balance calculations. An owner or operator using mass balance calculations to monitor 

PAL pollutant emissions from activities using coating or solvents shall meet the following requirements: 

(a) provide a demonstrated means of validating the published content ofthe PAL pollutant that 

is contained in or created by all materials used in or at the emissions unit; 

(b) assume that the emissions unit emits all of the PAL pollutant that is contained in or created 

by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; 

and 

(c) where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a 

range of pollutant content from such material, the owner or operator must use the highest value of the range to 

calculate the PAL pollutant emissions unless the department determines there is site-specific data or a site-specific 

monitoring program to support another content within the range. 

(4) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the 

following requirements: 

(a) CEMS must comply with applicable performance specifications found in 40 CFR part 60, 

Appendix B; and 

(b) CEMS must sample, analyze, and record data at least every 15 minutes while the emissions 

unit is operating. 

(5) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant 

emissions shall meet the following requirements: 

20.1 1.61 NMAC 

-----. .-., 
(a) The CPMS or the PEMS must be based on current site-specific data demonstrating a 

correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the 

emissions unit; and 

(b) Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at 

another less frequent interval approved by the department, while the emissions unit is operating. 

(6) Emission factors. An owner or operator using emission factors to monitor PAL pollutant 

emissions shall meet the following requirements: 

(a) All emission factors shall be adjusted, if appropriate, to account for the degree of 

uncertainty or limitations in the factors' development; 

(b) The emissions unit shall operate within the designated range of use for the emission factor, 

if applicable; and 

(c) If technically practicable, the owner or operator of a significant emissions unit that relies on 

an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific 

emission factor within six months of PAL permit issuance, unless the department determines that testing is not 

required. 

(7) A source owner or operator must record and report maximum potential emissions without 

considering enforceable emission limitations or operational restrictions for an emissions unit during any period of 

time that there is no monitoring data, unless another method for determining emissions during such periods is 

specified in the PAL permit. 

(8) Notwithstanding the requirements in Paragraphs (3) through (7) of Subsection L of 20.1 1.61.20 

NMAC, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored 

parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the department shall, 

at the time of permit issuance: 

(a) Establish default value(s) for determining compliance with the PAL based on the highest 

potential emissions reasonably estimated at such operating point(s); or 

(b) Determine that operation of the emissions unit during operating conditions when there is no 

correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL. 

(9) Revalidation. All data used to establish the PAL pollutant must be revalidated through 

performance testing or other scientifically valid means approved by the department. Such testing must occur at least 

once every five years after issuance of the PAL. 

M. Recordkeeping requirements. 

(1) The PAL permit shall require an owner or operator to retain a copy of all records necessary to 

determine compliance with any requirement of 20.1 1.6 1.20 NMAC and of the PAL, including a determination of 

each emissions unit's 12-month rolling total emissions, for five years from the date of such record. 

(2) The PAL permit shall require an owner or operator to retain a copy of the following records, for 

the duration of the PAL effective period plus five years: 

(a) a copy of the PAL permit application and any applications for revisions to the PAL; and 

(b) each annual certification of compliance pursuant to 20.11.42 NMAC, Operating Permits, 

and the data relied on in certifying the compliance. 

N. Reporting and notification requirements. The owner or operator shall submit semi-annual 

monitoring reports and prompt deviation reports to the department in accordance with 20.1 1.42 NMAC, Operating 

Permits. The reports shall meet the following requirements. 

(I) Semi-annual report. The semi-annual report shall be submitted to the department within 30 days 

of the end of each reporting period. This report shall contain the following information. 

(a) The identification of owner and operator and the permit number. 

(b) Total annual emissions (tonslyear) based on a 12-month rolling total for each month in the 

reporting period recorded pursuant to Paragraph (1) of Subsection M of 20.1 1.6 1.20 NMAC. 

(c) A11 data relied upon, including, but not limited to, any quality assurance or quality control 

data, in calculating the monthly and annual PAL pollutant emissions. 

(d) A list of any emissions units modified or added to the major stationary source during the 

preceding six-month period. 

(e) The number, duration, and cause of any deviations or monitoring malfunctions (other than 

the time associated with zero and span calibration checks), and any corrective action taken. 

(f) A notification of a shutdown of any monitoring system, whether the shutdown was 

permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully 

operational or replaced with another monitoring system, and whether the emissions unit monitored by the 

20.1 1.6 1 NMAC 20 
monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number 

determined by method included in the permit, as provided by Paragraph (7) of Subsection L of 20.1 1.61.20 NMAC. 

(g) A signed statement by the responsible official as defined by 20.1 1.42.7 NMAC certifying 

the truth, accuracy, and completeness of the information provided in the report. 

(2) Deviation report. The major stationary source owner or operator shall promptly submit reports 

of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A 

report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports 

shall be submitted within the time limits prescribed by the applicable program implementing 40 CFR 

70.6(a)(3)(iii)(B). The reports shall contain the following information: 

(a) the identification of owner and operator and the permit number; 

(b) the PAL requirement that experienced the deviation or that was exceeded; 

(c) emissions resulting from the deviation or the exceedance; and 

(d) a signed statement by the responsible official as defined by 20.1 1.42.7 NMAC certifying 

the truth, accuracy, and completeness of the information provided in the report. 

(3) Revalidation results. The owner or operator shall submit to the department the results of any 

revalidation test or method within three months after completion of such test or method. 

0. Transition requirements. 

(1) The department may not issue a PAL that does not comply with the requirements of Subsections 

A through 0 of 20.1 1.61.20 NMAC after the administrator has approved regulations incorporating these 

requirements into the SIP. 

(2) The department may supersede any PAL which was established prior to the date of approval of 

the SIP by the administrator with a PAL that complies with the requirements of 20.1 1.61.20 NMAC. 

[20.11.61.20 NMAC - N, 1/23/06] 

20.11.61.21 PUBLIC PARTICIPATION AND NOTIFICATION: 

A. The department shall, within 30 days after receipt of an application, review such application and 

determine whether it is administratively complete or there is any deficiency in the application or information 

submitted. To be deemed administratively complete, the application must meet the requirements of 20.11.61.13 

NMAC in addition to the requirements of 20.1 1.41 NMAC. If the application is deemed: 

(1) administratively complete, a letter to that effect shall be sent by certified mail to the applicant; 

(2) administratively incomplete, a letter shall be sent by certified mail to the applicant stating what 

additional information or points of clarification are necessary to deem the application administratively complete; 

upon receipt of the additional information or clarification, the department shall promptly review such information 

and determine whether the application is administratively complete; 

(3) administratively complete but no permit is required, a letter shall be sent by certified mail to the 

applicant informing the applicant of the determination. 

B. For purposes of determining minor source baseline date pursuant to 40 CFR 51: 

(I) an application is complete when it contains all the information necessary for processing the 

application; designating an application complete for purposes of 40 CFR 5 1 does not preclude the department from 

requesting or accepting any additional information; and 

(2) in the event that additional information is submitted to remedy any deficiency in the application 

or information submitted, the date of receipt of the application shall be the date on which the department received all 

required information. 

C. The department shall. 

(1) Make a preliminary determination whether construction should be approved, approved with 

conditions, or disapproved. 

(2) Make available at the department district and local office nearest to the proposed source a copy of 

all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other 

materials, if any, considered in making the preliminary determination. 

(3) Notify the public by advertisement in a newspaper of general circulation in the area in which the 

proposed source would be constructed: 

(a) of the application; 

(b) the preliminary determination; 

(c) the degree of increment consumption that is expected from the source or modification; and 

(d) of the opportunity for comment at a public hearing as well as written public comment; the 

public comment period shall be for 30 days from the date of such advertisement. 

20.1 1.61 NMAC 
(4) Send a copy of the notice of public comment to: 

(a) the applicant; 

(b) the administrator; and 

(c) officials and agencies having jurisdiction over the location where the proposed construction 

would occur as follows to include any other state or local air pollution control agencies; the chief executives of the 

city and county where the source would be located; any comprehensive regional land use planning agency; and any 

state, federal land manager, or Indian governing body whose lands may be affected by emissions from the source or 

modification. 

(5) Provide opportunity for a public hearing for interested persons to appear and submit written or 

oral comments on the air quality impact of the source and other appropriate considerations. 

(6) Consider all written comments submitted within a time specified in the notice of public comment 

and all comments received at any public hearing(s) in making a final decision on the approvability of the 

application. The department shall make all comments available for public inspection in the same locations where 

the department made available preconstruction information relating to the source. 

(7) Within 180 days after an application is deemed administratively complete, unless the director 

grants an extension not to exceed 90 days for good cause: 

(a) make a final determination of whether construction should be approved, approved with 

conditions, or disapproved; and 

(b) notify the applicant in writing of the final determination and make such notification 

available for public inspection at the same location where the department made available preconstruction 

information and public comments relating to the source. 

[20.11.61.21 NMAC - N, 1/23/06] 

20.1 1.61.22 STACK HEIGHT CREDIT: The department shall review all applications in accordance with 

the provisions of 20.1 1.43 NMAC, Stack Heights Requirements. 

[20.11.61.22 NMAC - Rp, 20.1 1.61.1 9 NMAC, 1/23/06] 

20.11.61.23 EXCLUSIONS FROM INCREMENT CONSUMPTION: Following a public hearing, the 

director may exclude the following concentrations in determining compliance with a maximum allowable increase: 

A. Concentrations due to the increase in emissions from stationary sources, over the emissions from 

such sources before the effective date of an order under Sections 2(a) and (b) of the Energy Supply and 

Environmental Coordination Act of 1974 (or any superseding legislation). Sources must have converted from the 

use of petroleum products, natural gas, or both by reason of such order. This exclusion shall not apply more than 

five years after the effective date of such an order; or 

B. Concentrations due to the increase in emissions from sources, over the emissions from such 

sources before the effective date of a plan in effect pursuant to the federal Power Act. Sources must have converted 

from using natural gas by reason of a natural gas curtailment plan. This exclusion shall not apply more than five 

years after the effective date of such a plan; or 

C. Concentrations of particulate matter due to the increase in emissions from construction or other 

temporary emission-related activities of new or modified sources; or 

D. The increase in concentrations due to new sources outside the United States over the 

concentrations attributed to existing sources which are included in the baseline concentrations. 

[20.11.61.23 NMAC - Rp, 20.1 1.61.21 NMAC, 1/23/06] 

20.11.61.24 ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING FEDERAL CLASS I 

AREAS: 

A. The department shall transmit to the administrator and the federal land manager a copy of each 

permit application relating to a major stationary source or major modification proposing to locate within 100 

kilometers of any federal class I area. The complete permit application shall be transmitted within 30 days of receipt 

and 60 days prior to any public hearing on the application. The department shall include all relevant information in 

the permit application. Relevant information shall include an analysis of the proposed source's anticipated impacts 

on visibility in the federal class I area. The department shall consult with all affected federal land managers as to the 

completeness of the permit application and shall consider any analysis performed by the federal land manager 

concerning the impact of the proposed major stationary source or major modification on air quality related values 

(AQRV). This consideration shall include visibility, if such analysis is received within 30 days after the federal land 

manager receives a copy of the complete application. Additionally, the department shall notify any affected federal 

20.1 1.6 1 NMAC 22 
land manager within 30 days from the date the department receives a request for a pre-application meeting from a 

proposed source subject to 20.1 1.61 NMAC. Notice shall be provided to the administrator and federal land manager 

of every action related to the consideration of such permit. The department shall also provide the federal land 

manager and the administrator with a copy of the preliminary determination required under 20.1 1.61.21 NMAC and 

shall make available to them any materials used in making that determination. In any case where the department 

disagrees with the federal land manager's analysis of source impact on air quality related values, the department 

shall, either explain its decision or give notice to the federal land manager as to where the explanation can be 

obtained. In the case where the department disagrees with the federal land managers' analysis, the department will 

also explain its decision or give notice to the public by advertisement in a newspaper of general circulation in the 

area in which the proposed source would be constructed, as to where the decision can be obtained. 

B. The department shall transmit to air quality control agencies of neighboring states and Indian 

governing bodies a copy of each permit application having the potential to affect federal class I areas or increment 

consumption in areas under their jurisdiction. The department shall also provide the affected air quality control 

agencies and Indian governing bodies with a copy of the preliminary determination required under 20.11.61.2 1 

NMAC and shall make available to them any materials used in making that determination. The department shall 

include a provision for a 60 day comment period for the federal land managers before any public hearing on a permit 

application is held. 

C. Federal land managers may demonstrate to the department that emissions from a proposed source 

or modification would have an adverse impact on air quality related values, including visibility, of any federal class 

I lands under their jurisdiction. This may be done even though the change in air quality resulting from emissions 

from the proposed source or modification would not cause or contribute to concentrations which would exceed the 

maximum allowable increases for a federal class I area. If the department concurs with this demonstration, then the 

source shall not be issued a permit. 

D. Class I waivers: The owner or operator of a proposed source or modification may demonstrate to 

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

on air quality related values, including visibility, of federal class I area under his or her jurisdiction. This may be 

done even though the change in air quality resulting from emissions from such source or modification would cause 

or contribute to concentrations which would exceed the maximum allowable increases for a federal class I area. If 

the federal land manager concurs with such demonstration and so certifies to the department, the department may 

grant a waiver from such maximum allowable increases. Emission limitations must be included in the permit as 

necessary to assure that emissions of sulfur dioxide, particulate matter, and oxides of nitrogen would not exceed the 

maximum allowable increases over minor source baseline concentrations shown in Table 5 of 20.1 1.61.30 NMAC. 

E. For the case where the federal land manager does not perform an impact analysis with respect to 

visibility impairment in a federal class I area, the department may perform such an analysis. The department shall 

not issue the source a permit if the department determines that an adverse impact on visibility would occur. The 

adverse impact must be due, primarily, to the operation of the proposed source or modification. 

F. Sulfur dioxide waiver by governor: The owner or operator of a proposed major stationary 

source or major modification, which cannot be approved under Subsection D of 20.11.61.23 NMAC, may 

demonstrate to the governor that the source cannot be constructed by reason of an exceedance of a maximum 

allowable increase for a federal class I area for sulfur dioxide for a period of 24 hours or less. The owner or operator 

may also demonstrate that a waiver from this requirement would not adversely affect the air quality related values of 

the federal class I area. The governor, afier consideration of the federal land manager's recommendation and subject 

to his concurrence, may, after notice and public hearing, grant a waiver from such maximum allowable increase. If 

the waiver is granted, the department shall issue a permit to the owner or operator of the source or modification. 

Any owner or operator of a source or modification who obtains a permit under 20.11.61 NMAC shall comply with 

sulfur dioxide emissions limitations. These limitations do not allow increases of ambient concentrations, above the 

baseline concentration, to exceed the levels found in Table 6 of 20.11.61.3 1 NMAC for periods of 24 hours or less 

for more than 18 days, not necessarily consecutive, in any annual period. 

G. Sulfur dioxide waiver by governor with the president's concurrence. In any case where the 

governor recommends a waiver in which the federal land manager does not concur, the recommendations of the 

governor and the federal land manager shall be transmitted to the president through the office of the governor. If the 

president so directs, the department shall issue the permit. Any source or modification that obtains a permit under 

20.1 1.61 NMAC shall comply with sulfur dioxide emissions limitations. These limitations do not allow increases in 

ambient concentrations, above the baseline concentration, to exceed the levels found in Table 6 of 20.11.61.3 1 

NMAC for periods of 24 hours or less for more than 18 days, not necessarily consecutive, in any annual period. 

[20.11.61.24 NMAC - Rp, 20.1 1.61.22 NMAC, 1/23/06] 

20.1 1.6 1 NMAC 
20.1 1.61.25 RESTRICTIONS ON AREA CLASSIFICATIONS: 

A. Mandatory federal class I areas: 

(1) The following areas were in existence on August 7, 1977, and classified as mandatory federal 

class I areas and may not be redesignated: 

(a) international parks (all of them); 

(b) national wilderness areas which exceed 5,000 acres in size; 

(c) national memorial parks which exceed 5,000 acres in size; and 

(d) national parks which exceed 6,000 acres in size. 

(2) Specifically for New Mexico, these areas are: 

(a) Bandelier wilderness, administered by national park service (NPS); 

(b) Bosque del Apache wilderness, administered by national fish and wildlife service (NFWS); 

(c) Carlsbad caverns national park, administered by NPS; 

(d) Gila wilderness, administered by national forest service (NFS); 

(e) Pecos wilderness, administered by NFS; 

(f) Salt Creek wilderness, administered by NFWS; 

(g) San Pedro Parks wilderness, administered by NFS; 

(h) Wheeler Peak wilderness, administered by NFS; and 

(i) White Mountain wilderness, administered by NFS. 

B. Areas which may be redesignated only as class I or class 11: 

(1) The following areas may be redesignated only as class I or 11: 

(a) an area, as of August 7, 1977, which exceeds 10,000 acres in size and is a national 

monument, national primitive area, national preserve, national recreational area, national wild and scenic river, 

national wildlife refuge; or 

(b) a national park or national wilderness area established after August 7, 1977 which exceeds 

10,000 acres in size. 

(2) Specifically for New Mexico, these areas include (but are not necessarily limited to): 

(a) Apache Kid wilderness, administered by national forest service (NFS); 

(b) Bandelier national monument, administered by national park service (NPS); 

(c) Bitter Lake national wildlife refuge, administered by national fish and wildlife service 

(NFW S); 

(d) Blue Range wilderness, administered by NFS; 

(e) Bosque del Apache national wildlife refuge, administered by NFWS; 

(f) Capitan mountains wilderness, administered by NFS; 

(g) Cebolla wilderness, administered by bureau of land management (BLM); 

(h) Chama River Canyon wilderness, administered by NFS; 

(i) Cmces Basin wilderness, administered by NFS; 

0) De-na-zin wilderness, administered by BLM; 

(k) El Malpais national monument, administered by NPS; 

(1) Latir Peak wilderness, administered by NFS; 

(m) Manzano mountain wilderness, administered by NFS; 

(n) San Andres national wildlife refuge, administered by NFWS; 

(0) Sandia Mountain wilderness, administered by NFS; 

(p) Sevilleta national wildlife refuge, administered by NFWS; 

(q) West Malpais wilderness, administered by BLM; 

(r) White Sands national monument, administered by NPS; and 

(s) Withington Wilderness, administered by NFS. 

[20.11.61.25 NMAC - Rp, 20.1 1.61.20 NMAC, 1/23/06] 

20.11.61.26 TABLE 1 - PSD SOURCE CATEGORIES: 

A. Carbon black plants (furnace process). 

B. Charcoal production plants. 

C. Chemical process plants. 

D. Coal cleaning plants (with thermal dryers). 

E. Coke oven batteries. 

F. Fossil fuel boilers (or combinations thereof) totaling more than 250 million BTUthr heat input. 

20.1 1.61 NMAC 24 
G. Fossil fuel-fired steam electric plants of more than 250 million BTU/hr heat input. 

H. Fuel conversion plants. 

I. Glass fiber processing plants. 

J. Hydrofluoric acid plants. 

K. Iron and steel mills. 

L. Kraf? pulp mills. 

M. Lime plants. 

N. Municipal incinerators capable of charging more than 50 tons of refuse per day. 

0. Nitric acid plants. 

P. Petroleum refineries. 

Q. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels. 

R. Phosphate rock processing plants. 

S. Portland cement plants. 

T. Primary aluminum ore reduction plants. 

U. Primary copper smelters. 

V. Primary lead smelters. 

W. Primary zinc smelters. 

X. Secondary metal production plants. 

Y. Sintering plants. 

Z. Sulfur recovery plants. 

AA. Sulfuric acid plants. 

BB. Taconite ore processing plants. 

[20.11.61.26 NMAC - Rp, 20.1 1.61.23 NMAC, 1/23/06] 

20.11.61.27 TABLE 2 - SIGNIFICANT EMISSION RATES: 

I Acid gases (measured as sulfur dioxide and hydrogen chloride) I 40 (36 megagramslyear) 1 

POLLUTANT 

Carbon monoxide 

Fluorides 

Lead - 

EMISSION RATE (TONSIYR) 

100 

3 

0.6 

Municipal waste combustor 

Metals (measured as particulate matter 

Organics (measured as total tetra- through octa-chlorinated 

dibenzo-p-dioxins and dibenzofurans) 

1 Particulate matter emissions I 25 I 

15 (1 4 megagramslyear) 

0.0000035 (0.0000032 megagramslyr) 

Nitrogen oxides 

Ozone (as VOC, Volatile Organic Compounds) 

, Particulate Matter 

40 

40 (VOC) 

~~dro~en sulfide (H2S) 

Reduced sulfur compounds (incl. H2S) 

Sulfur dioxide 

Sulfuric acid mist 

PMlo emissions 15 

table 

Each regulated pollutant 

Sulfur compounds 

Total reduced sulfur (incl. H2S) 

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

I I 

[20.11.61.27 NMAC - Rp, 20.1 1.61.24 NMAC, 1/23/06] 

10 

Any emission rate 

Emission rate or net emissions increase 

associated with a major stationary source 

or major modification that causes an air 

quality impact of one microgram per 

cubic meter or greater (24-hr average) in 

any Class I Federal area located within 

10 km of the source. 

20.1 1.6 1 NMAC 
20.11.61.28 TABLE 3 - SIGNIFICANT MONITORJNG CONCENTRATIONS: 

AIR QUALITY 

POLLUTANT ( CoNCENTRAT1oN I AVERAGING TIME 1 micrograms per cubic meter 

a - No acceptable monitoring techniques available at this time. Therefore, monitoring is not required until 

acceptable techniques are available. 

b - No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or 

more of volatile organic compounds subject to PSD would be required to perform an ambient impact 

analysis, including the gathering of ambient air quality data. 

[20.11.61.28 NMAC - Rp, 20.1 1.61.25 NMAC, 1/23/06; A, 5/15/06] 

Carbon monoxide 

Fluorides 

Lead 

Nitrogen dioxide 

Ozone 

Particulate matter (PMlo) 

Sulfur compounds 

Hydrogen sulfide (H2S) 

Reduced sulfur compounds (incl. H2S) 

Sulfur dioxide 

Sulfuric acid mist 

Total reduced sulfur (incl. HIS) 

a - Not to be exceeded more than once a year. 

[20.11.61.29 NMAC - Rp, 20.11.61.26 NMAC, 1/23/06; A, 511 5/06] 

(ug/m3) 

575 

0.25 

0.1 

14 

b 

10 

0.20 

10 

13 

a 

10 

1.61.29 TABLE 4 - ALLOWABLE PSD INCREMENTS: 

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

I Micrograms per cubic meter (pg/m3) I 

8 hours 

24 hours 

3 months 

Annual 

24 hours 

1 hour 

1 hour 

24 hours 

1 hour 

Nitrogen Dioxide 

annual arithmetic mean 

Particulate Matter 

PMlo, annual arithmetic mean 

PMlo, 24-hour maximum 

Sulfur Dioxide 

annual arithmetic mean 

24-hour maximum 

3-hour maximum 

Micrograms per cubic meter (pg/m3) 

Nitrogen Dioxide 

annual arithmetic mean 

Particulate Matter 

PMlo, annual arithmetic mean 

annual arithmetic mean 

24-hour maximum 

25 

17 

PMlo, 24-hour maximum 

Class I11 

50 

34 

60a 

40 

1 82a 

700a 

Class I 

2.5 

4 

Xa 

2 

5a 

25a 

30 

20.1 1.61 NMAC 

Class I1 

25 

17 

30a 

2 0 

91a 

512a 

Sulfur Dioxide 

3-hour maximum 325 

4C - N, 1/23/06] 
20.1 1.61.31 TABLE 6 - MAXIMUM ALLOWABLE INCREASE FOR SULFUR DIOXIDE WAIVER 

BY GOVERNOR: 

Micrograms per cubic meter (g/m3) 

Terrain Areas 

Period of Exposure Low High 

24-hr. maximum 3 6 62 

3-hr. maximum 130 22 1 

[20.11.61.3 1 NMAC - N, 1/23/06] 

HISTORY OF 20.1 1.61 NMAC: 

Pre-NMAC History: The material in this part was derived from that previously filed with the commission of 

public records - state records center and archives. 

Regulation No. 29, Prevention Of Significant Deterioration, 1/3/85; 

Regulation No. 29, Prevention Of Significant Deterioration, 611 8/86; 

Regulation No. 29, Prevention Of Significant Deterioration, 311 6/89; 

Regulation No. 29, Prevention Of Significant Deterioration, 4/24/90; 

Regulation No. 29, Prevention Of Significant Deterioration, 2/26/93. 

History of Repealed Material: 

20 NMAC 1 1.6 1, Prevention of Significant Deterioration (filed 10127195) repealed 1211 195. 

20.1 1.6 1 NMAC, Prevention of Significant Deterioration (filed 8/30/02) repealed 1/23/06. 

Other History: 

Regulation No. 29, Prevention Of Significant Deterioration, filed 2/26/93 renumbered, reformatted and replaced by 

20 NMAC 1 1.6 1, Prevention of Significant Deterioration, filed 10127195. 

20 NMAC 1 1.61, Prevention of Significant Deterioration, filed 10127195 replaced by 20 NMAC 1 1.6 1, Prevention 

of Significant Deterioration, filed 311 8/99. 

20 NMAC 1 1.6 1, Prevention of Significant Deterioration, filed 311 8/99 renumbered, reformatted, amended, and 

replaced by 20.11.61 NMAC, Prevention of Significant Deterioration, effective 10/1/02. 

20.1 1.6 1 NMAC, Prevention of Significant Deterioration (filed 8/30/02) was replaced by 20.1 1.6 1 NMAC, 

Prevention of Significant Deterioration, effective 1/23/06. 

20.1 1.6 1 NMAC 27 

---- -- . --- -.-- ,," .---- ..-- 
Attachment J 

Copy of Exhibits submitted at December 14, 2005 NSR hearing 

ATTACHMENT J IS IN A SEPARATE DOCUMENT