# 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 Ofliceof 

## the Guvmor

May 24,2006

Mr. Richard E. Greene,Regional Administrator U.S. Environmental ProtectionAgency, RegionVI 1445RossAvenue, Suite 1200 Dallas,TX 75202-2733

SUBJECT: Request for approval of revisionto the State ImplementationPlanfor air quality through the repeal and 

### replacementof 20.11.60 NMAC, Permitting in NonattainmentAreas, and 20.11.61NMAC, Prevention of SignificantDeterioration

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 EPAto comply with changes made to the federal New SourceReview program by EPA.

The Albuquerque-Bemalillo County Air Quality Control Board (AQCB) repealed and replaced 20.11.60 NMAC, Permitting in Nonattainment Areas, and 20.11.61 NMAC, Preventioil of Significant Deterioration, on December 14, 2005, after a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 regulationwas 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 theAQCB.

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 facilitateyour review and processing,the following materials are enclosed:

1) SIP Completeness Checklist pursuantto 40 CFR 51,AppendixV



### 2) Hearingrecord, including transcript and exhibits

3) Comments received, if any

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

Areas and 20.11.61 MAC,Preventionof Significant Deterioration, proposed for
-7 

### incorporationinto the SIP

5) Other supportingdocumentation

Your favorable consideration of this request is appreciated. If you have any questions, please contact Alfredo Santistevan, Director oftheAlbuquerque Environmental Health Department (EHD), at (505) 768- 2600.

Sincerely,

i 

### Richardson 

# &-

Governor State ofNew Mexico

cc: Alfredo Santistevan, Director, Albuquerque Environmental Health Department Margaret Nieto, Control Strategies Supervisor, AlbuquerqueAir 

### Quality Division MaryUhl, 

### Chief,Air QualityBureau, 

### NM EnvironmentDepartment

Enclosures

## Attachment E



## Copy of changes made to 

## correct 20.11.61NMAC, Prevention of 

## Sip'ficantDeterioration, as filed with the NMSRC onApril 13,2006.

### This is an amendmentto 20.11.61 NMAC, Sections 7; 28 and 29, 

### effective 5/15/06.

20.11.61.7 DEFINITIONS: 

### In additionto the definitions in 20.1 1.61 NMAC, the definitions in 20.1 1.1 NMAC, GeneralProvisions, shall apply unless there is a conflictbetween definitions, in which case the definition in 20.1 1.6 1NMAC 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 ofa regulated new source review pollutant 

### from an emissions unit, as determined in accordancewith Paragraphs (2) through (4) of Subsection 

### B of 20.1 1.6 1.7 NMAC. (1) This definitionshall not apply for calculatingwhether a significantemissions increasehas occurred,or for establishing a PAL under 20.1 1.61.20NMAC. Instead, SubsectionsI 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 averagerate, in tons per year, at which the unit actuallyemitted the pollutant during a consecutive24-month period which precedes the particular date and which is representative ofnormal source operation. The department shall allow the use of a differenttime period upon a determinationthat it is more representative of normal source operation. Actual emissions shallbe calculated using the unit's actual operating hours, production rates, and types ofmaterials processed, stored, or combusted during the selected time period. (3) The department may presume that source-specificallowable emissions for the unit are equivalent
to the actual emissionsofthe 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 authorizedrepresentative. D. 

### "Adverseimpact on visibility" means visibility impairmentwhich interferes with the management, protection, preservation,or enjoyment of the visitor's visual experienceofthe federal class I area. This determinationmust 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 conditionsthat reduce visibility. This term does not include effects on integral vistas as defined in 40 CFR 

### 51.30 1 Definitions. 

### E. "Air quality related values (AQRV)" means visibility and other scenic, cultural, physical, biological, ecological,orrecreational resources which may be affectedby a change in air quality resulting fkom the emissions of a proposed major stationary source or major modificationthat 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 ofa stationary source calculated using the maximumrated capacity ofthe source (unless the source is subject to federally enforceable limits which restrict the operating rate, orhours of operation, orboth) and the most stringent ofthe following: (1) The applicablestandards 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 emissionsrate specified as a federally enforceablepennit condition, including those with a future compliancedate. 

### G. "AssociatedEmission Sources" means secondary emissions and all reasonably foreseeable emissions ofregulatedpollutants fkomthe growth of general residential, commercial, industrial, governmental emission sourcesand 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 facilitiesor improvements to existing parking facilities to increase capacity, service enhancements to ground and airpublic transportation to include the building ofnew public transportation facilities

or improvementsto existingpublic transportation facilities to increase capacity; and the building of new public or private educational facilitiesor improving existing public orprivate educational facilities to increase enrollment. 

### H. "Attainmentarea" means, for any air pollutant, an area which is shownby 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 designatedunder 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 reviewpollutant, as determined in accordance with the following. 

## - (lj For any existing electricutility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actuallyemitted the pollutant during any consecutive24-month period selectedby the owner or operatorwithin the five year period immediately preceding when the owneror operatorbegins actual construction ofthe project. The department shall allowthe use of a differenttimeperiod upon a determination that it is more representative of normal source operation. (a) The averagerate shall include hgitive emissionsto the extent quantifiable,and emissions associated with startups, shutdowns, and malfunctions. 

### (b) The averagerate shall be adjusted downwardto exclude any non-compliant emissionsthat occurred while the sourcewas operating above an emission limitation that was legally enforceableduring the consecutive 24-month period. (c) For a regulated new source reviewpollutant, when a project involvesmultiple emissions units, only one consecutive24-month period must be used to determine the baseline actual emissions for the emissionsunitsbeing changed. A different consecutive24-month period canbe used for each regulatednew source review pollutant. (d) The average rate shall not be based on anyconsecutive 24-month period for which there is inadequate information for determining annual emissions,in tons per year, and for adjustingthis amount ifrequired by Subparagraph(b) of Paragraph (1) of Subsection

### I of 20.1 1.61.7NMAC. (2) For 

### an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissionsmeans the averagerate, in tons per year, at which the emissions unit actually emittedthe pollutant during


### any consecutive 24-month period selectedby the owner or operator within the 10year period immediately preceding eitherthe date the owner or operatorbegins actual constructionof the project, or the date a completepermit application isreceivedby the department for apermit required either under 20.1 1.61 NMAC or under aplan approved by the administrator,whichever is earlier, exceptthat the 10yearperiod shall not include anyperiod earlierthanNovember 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 shallbe adjusted downward to exclude any non-compliant emissionsthat occurredwhile the source was operating above 

### an emissionlimitation that was legally enforceableduring the consecutive 24-month period. (c) The average rate shall be adjusted downwardto exclude any emissionsthat would have exceeded 

### an emission limitation with which the major stationary source must currently comply,had such major stationarysourcebeen required to complywith such limitationsduring the consecutive24-month period. However, if an emissionlimitationispart of a maximum achievablecontrol technology standardthat the administrator proposed orpromulgated under 40 CFRpart 63, the baseline actual emissionsneed only be adjusted ifthe state has taken credit for such emissions reductionsin an attainmentdemonstration or maintenance plan consistentwith the requirements of40 CFR 5l.l65(a)(3)(ii)(G). (d) For a regulated new source review pollutant,when a project involvesmultiple emissions units, only one consecutive24-month period mustbeused to determinethe baseline actual emissions for the emissions units being changed. A different consecutive24-month period can be used for each regulated new source reviewpollutant. (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 adjustingth~s amount if required by Subparagraphs(b) and (c) ofParagraph (2) of Subsection I of 20.1 1.61.7 NMAC. (3) For a new emissions unit, the baseline actual emissions for purposes of determiningthe emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all otherpurposes, 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 1.61.7NMAC, for other existing emissions units in accordancewith the procedures containedin Paragraph (2) of Subsection

### I of 20.11.61.7 NMAC, and for a new emissions unit in accordance with the procedures contained in Paragraph (3) of Subsection I of 20.11.6 1.7 NMAC. 

### J. "Baseline area" means all lands designated

### as attainmentor 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) ofthe pollutant for which the minor source baseline date is

20.1 1.61NMACestablished. The major source or major modification establishes the minor source baseline date. Lands are designated as attainment or unclassifiableunder Section 107(d)(l)(D) or (E) ofthe Act within each federal air quality control region in the state ofNew Mexico. Any baseline area established originally for total suspended particulates (TSP) increments shall remain in effect and shall apply for purposes of determiningthe 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 concentrationlevel that exists in the baseline area

at the time of the applicable minor source baseline date. (1) Abaseline concentrationis determined for eachpollutant for which a minor sourcebaseline date is established and shall include: (a) the actual emissions shall be representative of sources in existenceon the applicableminor

sourcebaseline date, except asprovided 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 applicableminor source baseline date. 

### (2) The following will not be included in the baseline concentrationand will affect the applicable maximum allowableincrease(s): (a) actual emissions fiom any major stationary source on which constructioncommenced after the major source baseline date; and (b) actual emissions increases and decreases at any stationary source occurring afterthe minor

sourcebaseline date. L. 

### "Begin actual construction"means, in general, the initiation of physical onsite construction activitieson an emissions unit which 

### are ofapermanent nature. Such activities include, but are not limited to, installation of building supports and foundations,laying ofunderground pipework and construction ofpermanent 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 reductionfor each regulated new source review pollutant which would be emitted fiom anyproposed major stationary sourceormajor modification, which the director determines is achievableon a case-by-case basis. This determinationwill take into account energy, environmental, and economic impacts and other costs. The determination mustbe achievable for such source or modification through applicationofproduction processes or available methods, systems, and techniques, includinghe1cleaning

or treatment or innovative fuel combustiontechniques for control of such pollutants. In no event shall application of best availablecontrol technology result in emissions of any pollutant which would exceed the emissionsallowedby 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, maybe prescribed instead to satisfy the requirementforthe application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievableby implementationof 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. GovernmentPrinting Office stock numbers 4 101-0066 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 "classI" 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 oroperator has all necessary preconstruction approvals orpermits and has: (1) begun, or caused to begin, a continuous program of actual on-site construction ofthe source, to be completed within a reasonable time; or (2) entered into binding agreementsor 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 1.61NMAC

### 0. "Complete"means, in reference to an applicationfor a permit that the department has determined the application contains all of the information necessary forprocessing the application. Designating an application complete for purposes ofpermit processing does not preclude the reviewing authority from requesting or accepting any additional information. 

### R "Construction"means anyphysical change or changein the method of operation (including fabrication, erection, installation,demolition, or modification of

### an emissions unit) that would result in a changein emissions. S. 

### "Continuous emissions monitoringsystem (CEMS)"means all of the equipment that may be required to meet the data acquisitionand 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 monitoringsystem (CERMS)"means the total equipmentrequired for the determination andrecording ofthe pollutantmass emissions rate (in terms ofmass per unit oftime). U. 

### "Continuous parameter monitoring system (CPMS)"means all ofthe equipment necessary to meet the data acquisition and availability requirements of 20.1 1.6 1NMAC, to monitorprocess and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flowrate, 02 

### or C02concentrations), and to record average operational parameter value(s) on a continuousbasis. 

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

### "Director" means the director of the city of Albuquerque, environmentalhealth department orthe 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 suppliedto a steam distribution system for the purpose ofproviding steam to a steam-electric generatorthat would produce electrical energy for saleis also considered

### in determining the electricalenergy output capacity of the affected facility. 

### Y. "Emissions unit" means anypart of a stationary sourcethat emits or would have the potential to emit any regulated new source review pollutant and includes an electric utility steam generatingunit 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 emissionsunit is any emissions unit that is (or will be) newly constructed and that has existed for less than two years from the date such emissionsunit first operated. (2) An existing emissionsunit is any emissions unit that does not meet the requirements in Paragraph (1) of Subsection

### Y of 20.1 1.61.7 NMAC. A 

### replacementunit is an existingunit. 

### Z. "Federal land manager"means, with respect to any lands in the United States, a federal level cabinet secretaryof a federal level department (e.g. interior department)with authority over suchlands. AA. 

### "Federally enforceable"means all limitations and conditionswhich are enforceableby the administrator,including: (1) those requirementsdevelopedpursuant to 40 CFR Parts 60 and 61; (2) requirements within any applicable state implementation plan (SF); 

### (3) anypermit requirements establishedpursuant to 40 CFR 52.2 

### 1;

### or (4) under regulationsapproved pursuant to 40 CFR Part 

### 51, Subpart

### I including40 CFR 51.165 and 40 CFR 51.166. 

### BB. "Fugitive emissions"means those emissions which could not reasonablypass through a stack, chimney, vent, or other fimctionally equivalent opening. 

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

### DD. "Indian governing body" means the governingbody of any tribe, band, or group of Indians subject to thejurisdiction of the United Statesand recognized by the United States as possessingpower of selfgovernment. 

### EE. "Innovative control technology"means any system of air

### pollution controlthat has not been adequatelydemonstrated in practice. But such system would have a substantial likelihood of achieving greater continuous emissionsreduction than any control system in current practice orachieving at least comparable reductions at lower cost 

### in terms of energy, economics,ornon-air quality environmentalimpacts. 

### FF. "Lowterrain" means any area other thanhigh 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 limitationwhich is contained in the implementation plan of any state for such class or category of stationary source, unlessthe owner or operator of the proposed stationary source demonstratesthat such limitations are not achievable; or (2) the most stringent emissions limitationwhich 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 applicationof this term permit a proposed new or modified stationary sourceto emit any pollutant in excess of the amount allowable under an applicable new source standard of performance. 

### HH. "Majormodification" means anyphysical change in or change in the method of operation of a major stationary source that would result in a significant emissionsincrease of a regulated new source review pollutant, and a significantnet emissions increase ofthat 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 shallnot include: (a) routine maintenance, repair, and replacement; (b) use of an alternative fuel or raw material by reason of an orderunder Section 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) orby reason of a natural gas curtailment plan pursuant to the Federal Power Act; (c) use of an alternative fuelby 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 beprohibited under any federally enforceable permit conditionwhch was established after January 6, 1975pursuant to 40 CFR 52.2 1 or under regulationsapproved pursuant to 40 CFR 5 1.165or 40 CFR 5 1.166; orthe source is approved to use under any permit issued under 40 CFR 52.21 or under regulations approvedpursuant to40 CFR 5 1.166; (f) an increase in the hours of operation or in the productionrate, 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 complieswith the state implementation plan forthe state in which the project is located; and other requirements necessary to attain and maintain the national ambient air quality standardsduring the project and after it is terminated. (i) the installation or operation of a permanent clean coal technology demonstration project that constitutesrepowering, provided that the project does not result in an increase in the potential to emit of any regulated new source review pollutant emittedby the unit. This exemption shall apply on a pollutant-by-pollutant basis. 

## 6) the reactivationof a very clean coal-fired electric utility steam generating unit. (2) This definition shallnot apply with respect to a particularregulated new source review pollutant when the major stationary source is complyingwith the requirements under 20.11.61.20NMAC 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 1of 20.1 1.61.26 NMAC which emits, or has the potential to emit, emissionsequal to or greaterthan 100 tons per year of any regulated new source review pollutant; or (2) any stationary source not listed in Table 1 of 20.1 1.61.26 NMAC and which emits orhas the potential to emit 250 tons per year ormore of any regulated new source review pollutant; or 

### (3) any physical changethat would occur at a stationary source not otherwise qualifying under Paragraphs (1) or (2) of SubsectionJJ of 20.11.61.7 NMAC ifthe change would constitute a major stationary source by itself;

20.11.61 NMAC(4) a major source that is major for volatileorganic compounds or oxides of nitrogen shallbe considered major for ozone; (5) the fugitive emissionsof a stationary source shall not be included in determining whether it is a major stationary source, unless the source belongs to one of the stationarysource categoriesfound in Table 1of 20.1 1.61.26 NMAC or any other stationary source categorywhich, as of August 7, 1980,

### is being regulated under Section 111or 112 ofthe Act. 

### KK. "Mandatory federal classI 

### area"means any area identified in 40 CFR 

### Part 8 1, Subpart

### D. LL. "Minor source baseline date" means the earliest date afterthe trigger date on whicha major stationary source or major modification subjectto 40 CFR 52.21, or20.11.61 

### NMAC, submits a complete application. (1) The trigger dates are: (a) August 7, 1977, for particulate matter and sulfur dioxide,and (b) February 8, 1988fornitrogen dioxide. (2) The baseline date is establishedfor each pollutant for which incrementsor other equivalent

measureshave been established 

### if: (a) the area in which the proposed major stationary source or major modification would
construct is designatedas attainmentorunclassifiableunder section 107(d)(l)@) or 

### (E) of the federal Act for the pollutant on the date the applicationis determined to be complete,consistent with [40-€FR 

### 51.21 40 CFR 52.2 1or 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 significantnet emissions increase ofthe pollutant. 

## [@)I 

# a Any minor source baseline date established originally for the TSP increment shall remain in effect and shall apply forpurposes of determining the amount of availablePMloincrements. The department may rescind any TSP minor source baseline date ifit can be shown, to the director's satisfaction that, either the emissions increase from the major stationary source, or the net emissions increasefiom the major modification responsible for triggering the minor source baseline date did not result in a significant amount ofPMloemissions. 

### MM. "Natural conditions"includes naturally occurringphenomena that reduce visibility asmeasured in terms ofvisual range, contrast or coloration. 

### NN. "Necessarypreconstruction approvalsor permits" mean those permits or approvals required under federalair quality control laws and regulations and those air quality control laws and regulations which are part of the New Mexico state implementation plan. 

### 00. "Netemissions 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 increasein 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 contemporaneouswith 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 1.7NMAC, except that Subparagraph (c) ofParagraph (1) and Subparagraph (d) of Paragraph (2) of Subsection

### I of 20.1 1.61.7

### NMAC shall
not apply. (2) 

### An increaseor 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 commencementof construction on the particular change and the date that the increase from the particular change occurs. 

### (3) An increaseor decrease in actual emissions is creditable only if: (a) it occurs within the time period five years prior to the commencement of constructionon 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 calculatingthe 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 exceedsthe old level. (6) A decrease in actual emissions is creditable only to the extent that:

20.1 1.6 1NMAC(a) the old level of actual emissions or the old level ofallowable emissions,whichever is lower, exceedsthe new level of actual emissions; 

### (b) it is enforceable as a practical matter at and after the time that actual constructionon the particular change begins; and (c) it has approximatelythe same qualitative significancefor 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 occurredbecomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedownperiod, not to exceed 180 days. (8) Paragraph (2) of Subsection

### B of 20.1 1.61.7NMAC 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 nonattainmentfor one or more ofthe national ambient air quality standardsby EPA. QQ. 

### "Portable stationary source" means a sourcewhich 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 itsphysical and operational design. Any physical or operationallimitation onthe capacity ofthe source to emit a pollutant, including air pollutant control equipment and restrictionson hours of operationor on the type or amount of material combusted, stored, or processed, shall be treated aspart of its design ifthe limitations or the effect the limitationwould have on emissionsis 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 continuousbasis. 

### 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 isprojected to emit a regulated new sourcereview 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 ofthe 10 years following that date,ifthe project involves increasing the emissions unit's design capacity or its potential to emit that regulatednew source review pollutant, and full utilization of the unit would result in a significant emissions increase,or a significantnet emissions increase at the major stationary source. 

### In determiningthe projected actual emissions before beginning actual construction,the owner or operator ofthe major stationary source: (1) shall consider all relevant information, includingbut 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 associatedwith startups, shutdowns,and malfunctions;and (3) shall exclude, 

### in calculating any increase in emissions that results from the particular project, that portion ofthe unit's emissions following the project that an existing unit could have accommodated during the consecutive24-monthperiod 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, includingany 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) anypollutant 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 ofnitrogen are precursors for ozone); (2) any pollutant that is subject to any standard promulgated under Section 11 1 ofthe Act; (3) any class I or I1 substance subject to a standard promulgated under or establishedby 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 pollutantseither listed 

### in Section 112 ofthe Act or added to the listpursuant to Section 112(b)(2)ofthe Act,

20.11.61NMACwhich have not been delisted pursuant to Section 112(b)(3)ofthe Act, are not regulated new sourcereview pollutants unless the listed hazardous 

### airpollutant is alsoregulated as a constituent or precursor of a general pollutant listed under Section 108 ofthe Act. WW. 

### "Replacementunit" means an emission unit for which all ofthe following criteria are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (1) The emissionsunit is a reconstructed unit within the meaning of40 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 hnctionallyequivalent to the replaced emissionsunit. (3) Thereplacement unit does not change the basic designparameter(s) ofthe process unit. (4) The replaced emissions unit is permanentlyremoved fromthe major stationary source, otherwise permanently disabled, or permanentlybarred 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. "Secondaryemissions" means emissions which occur as a result of the construction or operation of a major stationary source or major modification,but donot come from the major stationary source or major modification itself. For the purpose of Subsection

### XX of 20.11.61.7MAC,secondary emissions must be specific, well defined, quantifiable, and impactthe same general areas as the stationary source or modification which causes the secondary emissions. Secondaryemissions include emissions from any offsite support facility which would not be constructed or increase its emissionsexcept as a result of the construction or operation of the major stationary

source or major modification. Secondary emissionsdo 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 increaseor the potential of a sourceto emit air pollutants, a rate of emission that would equal or exceed any ofthe rates listed in Table 2 of 20.11.61.27 NMAC. 

### ZZ. "Significantemissions increase" means, for a regulated new source review pollutant, an increase 

### in emissionsthat is significantfor that pollutant. AAA. 

### "Stationary source"means any building, structure, facility, or installation which emits, or may emit, any regulatednew source review pollutant. 

### BBB. "Temporary source"means a stationary source which changes its location or ceases to exist withintwo years from the date of initial start of operations. 

### CCC. "Visibility impairment"means any humanly perceptible changein 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 

### thanthose which the administrator designatesas having negligiblephotochemical 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_cubicmeter

Ozone Particulatematter (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 acceptabletechniques are available. 8 hours 24 hours 3 months 

### Annual

24 hours

20.1 1.61NMAC 8b 

### - No de minimis air quality level isprovided for ozone. However. anv net increase of 100tonsper vear or

more of volatile organic comvounds subiectto PSD wouldbe 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 arithmeticmean 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 20.11.61NMAC, Prevention ofSigmYicantDeterioration 

## signed by the AQCB Chair1.24.10 NMAC 

## NMACTRANSMITTAL 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 Correctionof 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 BoardOrdinance, Revised Ordinances of Albuquerque 1994 Sections 9-5-1-3 & 9-5-1-4.

CheckIfdelegated authodty Titie: BoaglChair 

# 0

4/12/06

Date Signed 

## -

SRC-2000-02 5/26/2000

## Attachment 

## I

Copy of 20.11.61NMAC, Prevention of 

## SignificantDetenbration, with

typos corrected, as filed with the NMSRC onApril 13,2006,with an effective date of May 15,2006for the corrected Sections [20.11.61.7.HH NMAC, 20.11.61.7.LL NMAC, 20.11.61.28 NMAC & 

## 20.11.61.29NMAC]

### 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 1.61.1 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 1.61NMAC, 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 1.61NMAC prior tothe 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 tothe department prior to the relocation identifying the proposed new location and probable duration of operation at the new location. Suchnotice shall be given to the department not less than 10 days in advance ofthe 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 1of 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 1or 112 of the Act. 

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

source or major modification from the federal class 

### I maximum allowable increases consistent with the requirements listed in 40 CFR 52.2 1 (p)(5). [20.11.61.2 NMAC 

### - Rp, 20.1 1.61.2NMAC, 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 ofAlbuquerque 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 1.61.5 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 ofthe national ambient air quality standards or determined to be unclassifiable pursuant to Section 107(d) ofthe Act.

20.1 1.61NMAC[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 1NMAC, 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 of20.1 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 1.20NMAC. Instead, Subsections I and UU of 20.1 1.6 1.7NMAC 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 ofnormal 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 ofthe unit. (4) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit ofthe 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 ofthe 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 ofthe visibility impairments and how these factors correlate with the following: (1) Times of visitor use ofthe federal class I area; and (2) The frequency and timing ofnatural 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 ofthe air quality related values of a federal class I area. 

### F. "Allowable emissions" means the emissions rate ofa 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 improvementsto existing highways and roads to increase capacity, new parking facilities or improvements to existing parking facilities to increase capacity, service enhancements to ground and airpublic transportation to include the building ofnew public transportation facilities

or improvements to existing public transportation facilities to increase capacity; and the building of new public or private educational facilities orimproving 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 toexceed any national ambient air quality standard for such pollutant, and is so designated under Section 107(d)(l)(D)or (E) ofthe Act.

20.1 1.61NMAC

### 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 oroperator within the five year period immediately preceding when the owner or operator begins actual construction ofthe project. The department shall allow the use of a different time period
upon a determination that it is more representative ofnormal 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 forthe 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 ifrequired 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 10year period immediately preceding either the date the owner or operator begins actual construction ofthe project, orthe 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 ispart 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 51.165(a)(3)(ii)(G). (d) For a regulated new source review pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determinethe 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 otherpurposes, 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) ofthe pollutant for which the minor source baseline date is

20.1 1.61NMAC 3established. 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) ofthe Act within each federal air quality control region in the state ofNew Mexico. Any baseline area established originally for total suspended particulates (TSP) increments shall remain in effect and shall apply for purposes of determiningthe amount of available PMlo increments. A TSP baseline area shall not remain in effect ifthe 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 ofthe 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 1.61.7NMAC; (b) the allowable emissions ofmajor 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 ofphysical onsite construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying of underground pipework and construction ofpermanent 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 ofthe change. 

### M. "Best available control technology (BACT)" means an emissions limitation (including a visible emission standard) based on the maximum degree ofreduction 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 ofproduction 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. Ifthe 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 ofbest 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, orinstallation" 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 ofthe 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 SICmanual. 

### 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 orpermits and has: (1) begun, or caused to begin, a continuous program of actual on-site construction ofthe 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 1NMAC

## 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 ofthe 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 (interms of mass per unit oftime). 

### U. "Continuous parameter monitoring system (CPMS)" means all of the equipment necessary to
meet the data acquisition and availability requirements of 20.11.61 NMAC, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2or 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 ofthe city of Albuquerque, environmental health department orthe 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 ofproviding steamto a steam-electric generator that would produce electrical
energy for sale is alsoconsidered in determining the electrical energy output capacity ofthe 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 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 emissionsunit 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 to40 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 to40 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 thejurisdiction ofthe 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, ornon-air quality environmental impacts. FF. "Low terrain" means any area other than high terrain.

20.1 1.61NMAC

### 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 ofthe 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 ofthe 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 orunder regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; orthe source is approved to use under any permit issued under 40 CFR 52.21 or under regulations approved pursuant to40 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 1or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 5

### 1.166; (g) any change in ownership at a stationary source; (h) the installation, operation, cessation, orremoval 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 ofparticulate 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 1of 20.1 1.61.26 NMAC which emits, orhas 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 1of 20.11.61.26 NMAC and which emits orhas 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 ifthe change would constitute a major stationary source by itselc

20.1 1.6 1NMAC(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 1.61.26 NMAC or any other stationary source category which, as of August 7, 1980,is being regulated under Section 111or 112ofthe Act. 

### KK. "Mandatory federal class 

### I area" means any area identified in 40 CFR Part 81, 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 to40 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 1.61 NMAC, and (b) in the case of a major stationary source,the pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase of the pollutant. (3) Any minor source baseline date established originally for the TSP 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 PMloemissions. MM. "Natural conditions" includes naturally occumngphenomena 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 ofthe 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 ofthe 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 1.61.11NMAC; 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 tothe 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 tothe 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 1NMAC 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 ifit 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 1.61NMAC(a) the old level of actual emissions orthe 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 forpublic health and welfare as that attributed tothe 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 toexceed 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 107ofthe Act as nonattainment for one or more ofthe 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 ofthe 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 ifthe limitations or the effect the limitation would have on emissions is federally enforceable. Secondary emissions donot 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 electriccurrents) and other information (for example, gas flow rate, 02 or 

### C02concentrations), 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 ofthe five years (12- month period) following the date the unit resumes regular operation after the project, or in any one ofthe 10years following that date, ifthe 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 tothe 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 subjectto any standard promulgated under Section 111 of the Act; (3) any class 

### I or I1 substance subjectto a standard promulgated under or established by Title VI of the Act; or (4) any pollutant that otherwise is subjectto 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 1.61NMACwhich have not been delisted pursuant to Section 

### 1 12(b)(3)ofthe Act, are not regulated new source review pollutants unlessthe listed hazardous air pollutant is alsoregulated as a constituent orprecursor of a general pollutant listed under Section 108ofthe Act. WW. "Replacement unit" means an emission unit for which all ofthe 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), orthe emissions unit completely takes the place of an existing emissions unit. (2) The emissions unit is identical to or hnctionally equivalenttothe replaced emissions unit. (3) The replacement unit does not change the basic design parameter(s) ofthe process unit. (4) The replaced emissions unit ispermanently removed from the major stationary source, otherwise permanently disabled, orpermanently 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 ofthe construction or operation of a major stationary source ormajor modification, but do not come from the major stationary source or major modification itself. For the purpose of Subsection XX of 20.1 1.61.7NMAC, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source ormodification 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 ofthe construction or operation ofthe 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, orfrom a vessel. YY. "Significant" means in reference to a net emissions increase orthe potential of a source to emit air pollutants, a rate of emission that would equal or exceed any ofthe rates listed in Table 2 of20.1 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, 5115/06]

20.1 1.61.8 SAVINGS CLAUSE: Any amendment to 20.1 1.61NMAC, 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 1.9NMAC, 1/23/06]

20.1 1.61.9 SEVERABILITY: If any section, paragraph, sentence, clause, or word of 20.1 1.61 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 1.61NMAC may be viewed at the Albuquerque environmental health department, One civic Plaza NW, 3rd Floor, Room 3023, Albuquerque, NM 87102. [20.11.61.10 NMAC 

### - Rp, 20.1 1.61.11NMAC, 1/23/06]

20.11.61.11 APPLICABILITY: A. The requirements of 20.1 1.61 NMAC applyto 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 1.61 NMAC

### B. The requirements of Sections 20.1 1.6 1.12 NMAC through 20.1 1.6 1.18NMAC, 20.1 1.61.21 NMAC and 20.1 1.6 1.24 NMAC apply to the construction of any new major stationary source orthe major modification of any existing major stationary source, except as 20.1 1.61NMAC otherwise provides. 

### C. No new major stationary source or major modification to which the requirements of Subsections A, B, C and 

### D of20.1 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 ormajor 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 toParagraphs (3) through (4) of Subsection 

### D of 20.1 1.61.11 NMAC. The procedure for calculating (beforebeginning 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 isprojected to occur if the sum ofthe 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~-~otential est forprojects 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 ofthe difference between the potential to emit from each new emissions unit following completion ofthe project and the baseline actual emissions ofthese 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 ormodification without, or not in accordance with, a permit issued under the requirements of 20.1 1.61NMAC 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 18months or more; or (3) if construction is not completed within a reasonable time. For aphased construction project, each phase must commence construction within 18 months ofthe projected and approved commencement date. The director may extend the 18 month period upon a satisfactory showing that an extension isjustified. 

### D. If a source ormodification becomes a major stationary source ormajor 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 tothe source or modification as though construction had not yet commenced. 

### E. The following specific provisions apply toprojects at existing emissions units at a major stationary source (otherthan 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 ofthe project, the owner or operator shall document and maintain a record of the following information: (a) a description ofthe project;

20.1 1.61 NMAC(b) identification ofthe emissions unit(s) whose emissions of a regulated new source review pollutant could be affected by the project; and (c) a description ofthe 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 1.61.7 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 ofthe information set out in Paragraph (1) of Subsection E of 20.1 1.6 1.12NMAC to the department. Nothing in this Paragraph (2) of Subsection E of20.1 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 ofthe project and that is emitted by any emissions unit identified in Subparagraph (b) ofParagraph (1) of Subsection E of20.1 1.61.12 NMAC; and calculate and maintain a record ofthe annual emissions, in tons per year on a calendar year basis, for a period offive years following resumption ofregular operations after the change, or for a period of 10years following resumption ofregular operations after the change if the project increasesthe design capacity orpotential to emit ofthat regulated new source review pollutant at such emissions unit. (4) Ifthe unit is an existing electric utility steam generating unit, the owner or operator shall submit a report tothe department within 60 days after the end of each year during which records must be generated under Subparagraph (c) ofParagraph (1) of Subsection E of 20.11.61.12 NMAC setting out the unit's annual emissions during the calendar year that preceded submission ofthe report. 

### (5) Ifthe 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) ofSubsection 

### 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) ofParagraph (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 ofthe 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 ofthe 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 ormodification 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 ofthe source

or modification, including specifications and drawings showing the design and plant layout; and (2) a detailed schedule of construction ofthe source or modification; and (3) a detailed description ofthe 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 ofthe 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 inthe area the source ormodification would affect. [20.11.61.13 NMAC 

### - Rp, 20.1 1.61.13 NMAC, 1/23/06]

20.1 1.61NMAC

### 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 atthe 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 ofbest 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 ofthe project. At such time, the owner or operator ofthe 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 ofinnovative 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 topublic health, welfare, or safety in its operation or function; and (2) The owner or operator agrees to achieve a level ofcontinuous 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 1.61.15 NMAC based on the emission rate that the system of innovative control technology would be required tomeet on the date specified by the department; and (4) During the interim period of achieving the permitted emission level, the source ormodification 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 isunlikely 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 orthe 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 ofbest 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 ofbest available control technology shall be reviewed and modified as appropriatebefore 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 ofbest available control technology for the source. 

### H. For cases where PMloemissions cannot be quantified, the best available control technology limitation may be defined in terms ofparticulate matter emissions. [20.11.61.14 NMAC 

### - Rp, 20.1 1.61.14 NMAC, 1/23/06]



### 20.11.61.15 AMBIENT IMPACT REQUIREMENTS:

20.1 1.61NMACA. The requirements of 20.1 1.61.15 NMAC shall apply to eachpollutant 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 ofPMlo 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 ofthe proposed major stationary source or major modification shall demonstrate that neither a violation of Paragraph (1) or Paragraph (2) of Subsection B of20.1 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 ofthe 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 ofthe 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 alsoprovide 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]

20.11.61.17 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 of20.1 1.6 1.21NMAC. The department will seek EPA approval of such substitutions or modifications. [20.11.61.17 NMAC 

### - Rp, 20.1 1.61.17 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 ofthe 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 ofnitrogen. Post construction ozone monitoring data may be submitted in lieu ofproviding

20.1 1.61 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 tothe 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 ofvisibility monitoring required by the department shall not exceed 50percent 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 determinesisnecessary 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 of40 CFR 58, Appendix 

### B during the operation of monitoring stations for purposes of satisfying the requirements of this 20.11.6 1NMAC. 

### H. The department has the discretion to exempt a stationary source ormodification from the requirements of20.1 1.61.18 NMAC with respect to monitoring for a particular pollutant ifthe emissions ofthe pollutant from the new source or the net emissions increase ofthe pollutant fromthe modification would cause, in any area, increases in ambient concentrations less than the levels listed in Table 3 of 20.1 1.61.28 NMAC. I. The department shall exempt a stationary source or modification from the requirements of 20.11.61.I8NMAC with respect to preconstmction monitoring for a particular pollutant if: (1) for ozone, volatile organic compound emissions and oxides ofnitrogen are less than 100tons per year; or (2) the air pollutant is not a regulated new source review pollutant; or (3) the existing ambient concentrations ofthe 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.I8NMAC 

### - 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 applyto a temporary source subject to 20.1 1.61NMAC for a given pollutant ifthe 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 20.11.61.20 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) isnot subjectto 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 ofthe 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 ofthe PAL. B. Definitions applicableto 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 "allowableemissions" 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 1.61.7NMAC, except that the words "orenforceable 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 1.61.7NMAC or in the Act, whichever is lower. (4) Major emissions unit means: (a) Any emissions unit that emits or has the potential to emit 100tons per year or more ofthe 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 emissionsunit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50or more tons ofVOC 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 1.61.20NMAC. (6) PAL effective date generally means the date of issuance ofthe PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part ofthe 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 ofthe PAL source that causesit to emit the PAL pollutant at a level equal to or greater than the PAL. 

### (9) PAL permit means the major new sourcereview 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 emissionsunit 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 forthat 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 1.61.20NMAC. 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 tothe 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 ofthe source shall indicate which, if any, federal or state applicable requirements, emission limitations, or work practices applyto each unit. (2) Calculations ofthe baseline actual emissions with supporting documentation. Baseline actual emissions are to include emissions associated not only with operation ofthe 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 asrequired by Subsection M of20.1 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 ofthe

20.1 1.61 NMACmonthly emissions from each emissions unit under the PAL for the previous 12consecutive 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 oroperator shall show that the sum ofthe 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 1.61.20 NMAC. (c) The PAL permit shall contain all the requirements of Subsection G of20.1 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 ofthe major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in Subsections L through N of20.1 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 51.165(a)(3)(ii)unless the level ofthe PAL isreduced by the amount of such emissions reductions and such reductions would be creditable in the absence ofthe PAL. 

### E. Public participation requirements for PALs. PALs for existing major stationary sources shall be established, renewed, or increased, through a procedure that is consistent with 40 CFR 

### 51.160 and 161. This includes the requirement that the department provide the public with notice ofthe proposed approval of a PAL permit and at least a 30-day period for submittal ofpublic comment. The department must address all material comments before taking final action on the permit. 

### F. Setting the 10-year actualsPAL 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 asthe sum of the baseline actual emissions ofthe 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 1.61.7NMAC 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 60ppm 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 ofthe units. G. Contentsof 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 PALpermit 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 asrequired by Paragraph (1) of Subsection C of 20.1 1.61.20 NMAC.

20.1 1.61NMAC 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 1.61.20 NMAC. 

### (8) A requirement to retain the records required under Subsection M of20.1 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 enforcethe PAL. 

### H. PAL effective period and reopening of the PAL permit. (1) PAL effective period. The PAL effectiveperiod 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 ifthe 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 PALto reflect an increase in the PAL asprovided under Paragraph Subsection 

### K of 20.1 1.6 1.20 NMAC. (b) The department may reopen the PAL permit for the followingto 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 ifthe department determines that a reduction is necessary to avoid causing or contributingto 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 availableto the general public. (c) Except for the permit reopening in Subparagraph (a) of Paragraph (2) of SubsectionH of 20.1 1.61.20 NMAC for the correction of typographical/calculation errors that donot 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 1.61.20NMAC shall expire at the end of the PAL effective period, and the requirements in Subsection I of 20.1 1.61.20NMAC 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 1.61.20 NMAC, such distribution shall be made as ifthe 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 ofmajor modification in Subsection HH of20.1 1.61.7NMAC. (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

orprior to the PAL effective period except for those emission limitations that had been established pursuant to

20.1 1.61 NMAC



# -- -Subsection D of 20.1 1.61.12NMAC, but were eliminated by the PAL in accordance with the provisions in Subparagraph (c) of Paragraph (2) of Subsection A of20.1 1.61.20NMAC. 

### J. Renewal of a PAL. (1) The department shall follow the procedures specified in Subsection 

### E of20.11.6 1.20NMAC 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 ofpermit 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 tobe effective until the revised permit with the renewed PAL is issued. (3) Application requirements. The application torenew a PALpermit shall contain the following information. (a) The information required in Subsection C of 20.1 1.61.20 NMAC. 

### (b) A proposed PAL level. (c) The sum ofthe 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 appropriatelevel forrenewing 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 of20.1 1.61.20 NMAC. However, in no case may any such adjustment fail to comply with Subparagraph (c) ofParagraph 4 of Subsection J of 20.1 1.61.20 NMAC. (a) Ifthe emissions level calculated in accordance with Subsection 

### F of 20.1 1.61.20 NMAC is equal to or greater than 80 percent ofthe PAL level, the department may renew the PAL atthe same level without considering the factors set forth in Subparagraph (b) ofParagraph (4) of Subsection 

### J of 20.11.6 1.20NMAC; 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 tobe 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 of20.1 1.6 1.20 NMAC, ifthe potential to emit ofthe major stationary source is less than the PAL, the department shall adjust the PAL to a level no greaterthan the potential to emit ofthe 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) Ifthe 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 atthe time of PAL permit renewal or Title 

### V permit renewal, whichever occurs first. 

### K. Increasing a PALduring the PAL effective period. (1) The department may increase a PAL emission limitation only ifthe major stationary source complies with the following provisions. (a) The owner or operator ofthe 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 ofthis application, the major stationary source owner or operator shall demonstrate that the sum ofthe baseline actual emissions ofthe small emissions units, plus the sum ofthe baseline actual emissions ofthe significant and major emissions units assuming application ofBACT equivalent controls, plus the

sum ofthe allowable emissions ofthe new or modified emissions unit(s), exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant ormajor emissions unit shall be determined by conducting a new BACT analysis atthe 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 tothe level ofBACT orLAER with which that emissions unit must currently comply.

20.1 1.6

### 1 NMAC(c) The owner or operator obtains a major new sourcereview 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 ofthe emissions increase resulting from them, that is, no significant levels apply. These emissions unit(s) shall comply with any emissionsrequirements 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 ofthe allowable emissions for each modified or new emissions unit, plus the sum ofthe baseline actual emissions ofthe 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 ofthe 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 1.61.20NMAC. 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 foruse inthe PAL permit must be based on sound science andmeet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in ajudicial proceeding to enforce the PALpermit. (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 1.61.20NMAC,
you may also employ an alternative monitoring approach that meets Subparagraph (a) of Paragraph (1) of Subsection L of 20.1 1.61.20NMAC 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 orPEMS; 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 ofthePAL 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 orfuel 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 ofthe 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 CEMSto monitor PAL pollutant emissions shall meet the following requirements: (a) CEMS must comply with applicableperformance specifications found in 40 CFRpart 60, Appendix B; and (b) CEMS must sample, analyze, and record data at least every 15minutes while the emissions unit is operating. (5) CPMS or PEMS. An owner or operator using CPMS or PEMS tomonitor 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 ofthe 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 ofuse 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 ofPAL 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 ofpermit 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 ofthe 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 ofthe 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 1.61.20NMAC and ofthe PAL, including a determination of each emissions unit's 12-month rolling total emissions, for five years fromthe date of such record. (2) The PAL permit shall require an owner or operator to retain a copy ofthe following records, for the duration ofthe PAL effective period plus five years: (a) a copy ofthe 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 1.61.20 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 tothe 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 ortemporary, 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 1NMAC 20monitoring 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 of20.1 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 ofthe information provided in the report. (2) Deviation report. The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance ofthe PAL requirements, includingperiods 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 ofthe information provided in the report. (3) Revalidation results. The owner or operator shall submit tothe 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 of20.1 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 tothe date of approval of the SIP by the administrator with a PAL that complies with the requirements of20.1 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 afterreceipt ofan application, review such application and determine whether it is administratively complete or there is any deficiency in the application or information submitted. Tobe deemed administratively complete, the application must meet the requirements of 20.11.61.13 NMAC in addition to the requirements of20.1 1.41 NMAC. Ifthe 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 tothe applicant stating what additional information orpoints of clarification are necessary to deem the application administratively complete; upon receipt ofthe 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 ofthe determination. B. For purposes of determining minor source baseline datepursuant to 40 CFR 51: 

### (I) an application is complete when it contains all the information necessary forprocessing the application; designating an application complete forpurposes of 40 CFR 

### 5 1does 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 ofreceipt 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 ofthe 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) ofthe application; (b) the preliminary determination; (c) the degree of increment consumption that is expected from the source or modification; and (d) ofthe opportunity for comment at a public hearing as well as written public comment; the public comment period shall be for 30 days fromthe date of such advertisement.

20.1 1.61NMAC(4) Send a copy ofthe notice of public comment to: (a) the applicant; (b) the administrator; and (c) officials and agencies having jurisdiction overthe location where the proposed construction would occur as follows to include any other state or local airpollution control agencies; the chief executives ofthe 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 ofthe source and other appropriate considerations. (6) Consider all written comments submitted within a time specified in the notice ofpublic comment and all comments received at any public hearing(s) in making a final decision on the approvability ofthe application. The department shall make all comments available forpublic 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 tothe 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 1.61.19 NMAC, 1/23/06]

20.11.61.23 

### EXCLUSIONS FROM INCREMENT CONSUMPTION: Following a public hearing, the director may excludethe 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 Sections2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation). Sources must have converted from the

use ofpetroleum 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, overthe emissions from such sources before the effective date of a plan in effect pursuant tothe 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 ofparticulate matter due to the increase in emissions from construction or other temporary emission-related activities ofnew ormodified 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 ofreceipt 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 ofthe proposed source's anticipated impacts

on visibility in the federal class 

### I area. The department shall consult with all affected federal land managers astothe completeness ofthe permit application and shall consider any analysis performed by the federal land manager concerningthe impact ofthe 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 ofthe complete application. Additionally, the department shall notify any affected federal

20.1 1.6 1NMAC 22land 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 theirjurisdiction. The department shall also provide the affected air quality control agencies and Indian governing bodies with a copy ofthe 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. Ifthe 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 herjurisdiction. 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 ofnitrogen would not exceed the maximum allowable increases over minor source baseline concentrations shown in Table 5 of20.1 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 ofthe 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 ofthe 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 isgranted, the department shall issue a permit to the owner or operator ofthe 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 1NMAC 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 ofthe governor. Ifthe 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 donot 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 1NMAC

### 20.11.61.25 RESTRICTIONS ONAREA CLASSIFICATIONS: A. Mandatory federal class I areas: (1) The following areas were in existence onAugust 7, 1977, and classified asmandatory federal class I areas and may not be redesignated: (a) international parks (all ofthem); (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, administeredby 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, administeredby NFS; and (i) White Mountain wilderness, administeredby 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 ornational 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, administeredby NFS; (e) Bosque del Apache national wildlife refuge, administered by NFWS; (f) 

### Capitan mountains wilderness, administered by NFS; (g) 

### Cebolla wilderness, administeredby 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, administeredby NPS; (1) Latir Peak wilderness, administered byNFS; (m) Manzano mountain wilderness, administered by NFS; (n) San Andres national wildlife refuge, administered by NFWS; (0) Sandia Mountain wilderness, administeredby NFS; (p) Sevilletanational wildlife refuge, administeredbyNFWS; (q) West Malpais wilderness, administered by BLM; (r) 

### White Sands national monument, administered by NPS; and (s) Withington Wilderness, administeredby NFS. [20.11.61.25NMAC 

### - 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 24G. 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 ofrefuse 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. [20.11.61.26NMAC - Rp, 20.1 1.61.23NMAC, 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 (14 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 [20.11.61.27NMAC 

### - Rp, 20.1 1.61.24NMAC, 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 microgramper cubic meter or greater (24-hr average) in any Class I Federal area located within 10km ofthe source.

20.1 1.61NMAC

### 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 toperform 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, 5115/06](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 8hours 24 hours 3 months Annual

24 hours

1 hour 1hour 24 hours

1 hour

Nitrogen Dioxide annual arithmetic mean Particulate Matter PMlo, annual arithmetic mean PMlo,24-hour maximum SulfurDioxide 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 1.61NMAC 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 1NMAC 

### - 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, 6118/86; Regulation No. 29, Prevention Of Significant Deterioration, 3116/89; 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 1.61,Prevention of Significant Deterioration (filed 10127195)repealed 1211195. 20.1 1.61 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 1.61,Prevention of Significant Deterioration, filed 10127195. 20 NMAC 1 1.61, Prevention of Significant Deterioration, filed 10127195replaced by 20 NMAC 1 1.6 1, Prevention of Significant Deterioration, filed 311 8/99. 20 NMAC 1 1.61,Prevention of Significant Deterioration, filed 3118/99 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 1.61NMAC, Prevention of Significant Deterioration, effective 1/23/06.

20.1 1.6 

### 1NMAC 27

--- -- -- .

### --- -.-- ,," .---- ..--

## Attachment J

Copy of Exhibits submitted atDecember 14, 2005 NSR hearing

ATTACHMENT J IS IN A SEPARATE DOCUMENT