GARYE. JOHNSON Governor
November 6, 1998 Ms" Jole Luehrs (6PD-R) Mr Tom Diggs (6PD-L) USEPA Region 6 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202-2733 

### State of Nel<'Mexico 

### ENVIRONMENTDEPARTMENT HaroldRunnels Building /190 St. Francis Drive, P"O" Drawer 16110 Santa Fe, New}.lexica 87502-6110 PETER MAGGIORE Secretary

Subject: Corrections to 20 NMAC 2"70

- Operating Permits and 20 NMAC 2"72

- Construction Permits DearMs Luehrs andMr Diggs: During refurmatting ofthe New Mexico Air Quality Control Regulations (AQCR) into the New Mexico Administrative Code (NMAC) format, several typogmphical and numbering errors were made" The first to be corrected was a table in AQCR 702 which was inadvertently left out of20 NMAC 2"72

- Construction Permits" The New Mexico Environmental hnprovement Board (E!B) approved adding the table to 20 NMAC 2"72 on July 13, 1998 in orderto make it consistent with the supercededAQCR. The corrected rule was effective as ofAugust 14, 1998. Upon discovery ofthe omission ofthe table, the Air Quality Bureau thoroughly reviewed both 20 NMAC 2.70 and 20NMAC 2.72 for otl1er fonnatting errors. On October 9, 1998, the Environment Department presented additional corrections to errors in 20 NMAC 2.70

- Operating Permits and 20 NMAC 2.72

- Construc.tion Permits to the EIB. Since the additional corrections reflected the rules as originally adopted by the EIB as AQCR 770 and AQCR 702 respectively, the EIB accepted the corrections. The corrected rules will become effective as ofNovember 14, 1998. AQCR770 andtl1e reformatted 20 NMAC 2.70 are part ofthe State's operating permit program approved by EPA under Title V ofthe Clean AirAct. Portions ofAQCR702 have been previously approved by the EPA as partofNewMexico's State hnplementation Plan (SIP). Those sections which are being corrected and are part oftl1e SIP are noted in AttachmentA. Attached are copies of the corrections to the regulations and copies of the entire current regulations as corrected for yourfiles. Please contact Lany Weaver at(505) 827-0043 orRitaTrujillo at (505) 827-2339 if you have any questions. Sincerely,

# ~

# mawt/JW
Peter Maggiore Secretary Enclosure: Attachments A, B & C (outline ofcorrections) Corrected20NMAC 2.70 and 20 NMAC 2.72 (full text)
cc: CeciliaWilliams, Bureau Chief, Air Quality BureauATTACHMENT A CORRECTIONS TO 20 NMAC PARTS 2.70 AND 2.72 BASED ON REFORMATTING
Prior to Reformatting After Reformatting Attachment

AQCR Section NMAC Part Section Nature of Mistake Reference Correction Requested*

770 III.A.4.e.ix 70**0~.D.5.i** Improper reference See Attachment B Correct reference to read: "
...all of the 1- Page B-1 information required in (41

### J.i!l through 

### 1st (bl above
..." III.C.1.b.iii VD2.A.2.c Improper reference See Attachment B Change "Section 404" to "Section 405" 

# "" / PaQe B-1 Ill.C.7 

### V" 302.G Misnumbered See Attachment B See attached. The first sentence segment Pages B-2 • B-3 ("to assure and verify compliance
...permits shall also:") should apply to the entire section, rather than just the first OK 

## I paragraph. N/A**~of** Subpart Misnumbered See Attachment B Correct to read:**"~ ~-399.**  Ill Page B-1 

## I[RESERVED]" v'/'02 II.K.2 72 V210.C Misriumbered See Attachment C See attached. This paragraph should only Pages C-1 • C-4 applyto subsection 210.8 rather than the 

### •• •• entire Section 210. Renumber 210.G to be**210.~** and clarify language by adding "
...the requirements ofthis S.§ection !210.8\ apply
..." IV.A.5 1/"'300.E Missing word See Attachment C In the second sentence of this definition, Page C-5 add "Any physical or operational 

## •• •• limitation
...shall be treated**as~** of its

. d ;igr " est n... III.F.4, v'405.C.5, Misnumbered See Attachment C See attached. Renumber 405.C.5.a 

### s to III.F.4.i-iii 405.C.5.a-c Pages C-6 • C-9**405.~.** 

# v ,802 • Table C Left out See Attachment C Table was inadvertently left out when Page 

### C-10 reformatting from AQCR 702 to 20 NMAC 

### 2.72 was done. 'Incorrect textto be deleted is shown in strike-outtext (eeleteG-IM!); corrected text to be inserted is shown with double underline (lnsertruUext). "These sections are part of New Mexico's SIP.

### ATTACHMENT B CORRECTIONSTO 20 

### NMAC2.70
Incorrecttexttobedeleted is shown in strikeout text (deletedteld); correctedllelltitn

### be:inserted is shown with double underline (inserted text). AQCR 770.Ill.A.4.e.ix (priorto reformatting) (ix) for each alternative operating scenario identified bythe applicant, 

### aiJoftlie-infurrnation required in (i) through (viii) above, 

### as well 

### as additional informationdeterminedto•benecessary bythedepartment to define such alternative operating scenarios;
20NMAC 2.70.300.D.5.i (formerly AQCR770.Ill.A.4.e.ix) (i) Foreach alternative operating scenario identified bythe applicant, all 

### oftheinformation required in

## tB 

## Wthrough**~** 

## !h1 above, as 

### well as additional informationdeterminedto

### be necessary bytheDepartmentto define such alternative operating scenarios; AQCR770.III.C.l.b.iii (prior to reformatting) (iii) thepermit maybemodified, reopened and reVised, revoked

### and reissued> orterminated

### fur cause in accordance with SectionIV.F. ofthis regulation; (Note: AQCR 770, SectionIV.Ftitlewas "PermitReopening, RevocationorTermination") 

### 20 NMAC 2.70.302.A.2.c (formerly AQCR 770.III.C.l.b.iii) (c) Thepermit may be modified, reopened and revised, revoked and reissued, orterminated for cause in accordance with Section4G4 405 ofthis Part; (Note: 20 NMAC2. 70.404 title is "PermitModifications"; 20NMAC2.70.405 title is "PermitReopening, Revocationor Termination")


### 20 NMAC 2.72.3 (no priorAQCRversion)**3@~-** 

### 399. [RESERVED] (Note: 20NMAC2.70.303and2.70.304existinthecurrent regulation.)

ATIACHMENTB PageB-1 20NMAC2.70 Proposed Corrections

### AQCR 770.IILC.7 (priorto reformatting) 7. Compliance. To assure and verifY compliance with the terms and conditions ofthe permit and with this regulation, permits shall also:
a. Require that, upon presentation ofcredentials and otherdocuments as may be required byJaw, the permittee shall allow authorized representatives oftheDepartmentto perform the following: (i) enterupon the permittee's premises where a sourceis located oremission related activity is conducted, orwhere records must bekept underthe conditions ofthepermit; (ii) have access to and copy any records that must bekept underthe conditions ofthe permit; (iii) inspect any facilities, equipment (including monitoring and airpollution control equipment), practices, oroperationsregulated orrequired underthe permit; and (iv) sample ormonitor any substances orparameters forthe purpose of assuring compliancewiththe permit orapplicable requirements oras otherwise authorized bythe federal Act. b. Require that sources required under SectionIII.A.4.a. ofthis regulationto have a schedule ofcompliance submit progressreports tothe department atleast semiannually, or more frequently ifspecified in the applicable requirement orby theDepartment. Such progressreports shall beconsistent withthe schedule ofcompliance and requirements of SectionIII.A.4. I. 

### and shall contain: • . (i) dates for achieving the activities, milestones, orcompliance required in the schedule ofcompliance, and dates when such activities, milestones orcompliance were achieved; and (ii) an explanation ofwhy any dates in the schedule ofcompliancewere not or will notbemet, and any 

### preventive orcorrective measures adopted.
c. Include such otherprovisions asthe department may require.

ATIACHMENTB PageB-2 20 NMAC 2.70 Proposed Corrections20 NMAC 2.70.302.G (formerly AQCR 770.III.C.7)
G. Compliance+ To assure and verify compliance withtheterms and conditions of the permit and with this Part permits shall also

### l Require that, upon presentation ofcredentials and otherdocuments as may be required by law, thepennittee shall allow authorized representatives oftheDepartment to perform thefollowing: 

## W (1) Enterupon the pennittee'spremiseswhere a source is located or emission related activity is conducted, orwhere records mustbekeptunderthe conditions ofthe pennit; (2) Have accessto and copy any records thatmustbekept under the conditions ofthe pennit; 

## W (3) Inspect any facilities, equipment (including monitoring and air pollution control equipment), practices, oroperations regulated orrequiredunderthepennit; and 

### (d) (4) Sample ormonitor any substances orparametersforthe purpose ofassuring compliance with thepennit orapplicable requirements oras otherwise authorized by the Federal Act. 

### [I 1-30-95] 2. Require that sources required under Section 300.D.12 ofthisPartto have a schedule ofcompliance submit progress reportstotheDepartment at least semiannually, or more frequently ifspecified in the applicable requirement orby theDepartment. Such progress reports shall be consistent with the schedule ofcompliance and requirements ofSection 300.D.12 and shall contain:
a. Datesfor achieving the activities, milestones, orcompliance required in the schedule ofcompliance, and dateswhen such activities, milestones orcompliance were achieved; and b. An explanation ofwhy any dates in the schedule ofcompliance werenot orwill not be met, and any preventive orcorrective measures adopted. 

### [I 1-30-95] 3. Include such otherprovisions as theDepartment may require. [11-30-95]

ATIACHMENTB Page B-3 20 NMAC 2.70 Proposed Corrections

### NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD P. 0. BOX 26110/1190 

### ST. FRANCIS DRIVE SANTA FE, NEW MEXICO 87502-0

### II0


### TITLE 20 CHAPTER2 PART70 ENVIRONMENTAL PROTECTION Affi QUALITY (STATEWIDE) OPERATING PERMITS

100. 101. 102. 103. 104. 105. 106. 107. 

### TABLE OF CONTENTS SUBPART I- GENERAL PROVISIONS Issuing Agency
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 

### Scope.
. . . . . . . .............................................. I Statutory Authority
. . . . . . . . . .................................. I Duration
. . . . . . . . . . . . . . . . . ...................................... I Effective Date
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Objective
. . . . . . . . . . . . . . . . . . . . . . . . . . . ........ _.. . Amendment and Supersession ofPrior Regulations
. . . . . . . . . . . . . . . . . . . . . . . . . I Definitions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 108. 

### Documents.
. . . . . . . . . . . . . . . . . I I

. . . . . . . . . . . . . . . . . . . I I 

### I09

- 

### I99. 

### [Reserved]

200. 201. 202. 203. 

### SUBPART II - 

### APPLICABILITY Part 70 

### Sources
........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I I 

### Requirement for a Permit:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . II Source Category Exemptions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I2 Existing Major SourcesWhich Are Not Required to Have a Permit under Part 72- Construction Permits
.............. . 12 204. 

### Bernalillo County
. . ... I3 .13 205. 

### Indian Tribal Jurisdiction 206

- 299. 

### [Reserved]
...... . . .............. 13 

### SUBPART III- PERMIT REQUIREMENTS 300. 

### Permit Applications A 

### Duty to Apply B. 

### Timely Application C. 

### Completeness ofApplication D. Content ofApplication
.. 13 .13

......... 13

.................... 14

. .................. 14

### E. Certification
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 30I. 

### Confidential information Protection
....................................... 18 302. Permit Content
....................................................... 18 

### A. Permit Conditions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 B. 

### Permit Duration
........................... 21 C. 

### Monitoring
. . . .......................... 2I D. Recordkeeping
. . . . . . . . . . . . . ........................... 22 E. Reporting
. . . . . . .......................................... 22 

### F. Portable and Temporary Sources
. . . . . ........................... 23 G. Compliance
. . . . . . . . . . . . . . . . . . . . . .......................... 24 H. 

### Operational Flexibility
............................................ 24 

### I. Off-permit Changes
. . . . . . . . ............................... 26 J 

### Permit Shield
. . . . . . . . . . .................................... 26 303. General Permits
...................................................... 27 A. 

### Issuance ofGeneral Permits
....................................... 27 B. Authorization to Operateunder a General Permit
....................... 28 304. Emergency Provision
. . . . . . . . . . . . . . . . . . . .......................... 28 305

- 399. [Reserved]
....................................................... 29 

### SUBPART IV- PERMIT PROCESSING 400. Action on Permit Applications
........................................... 29 40I. 

### Public Participation
................................................... 3I 402. Review by the Administrator and Affected Programs
.......................... 33 A. 

### Notification
. . . . . . . . . . . .................................... 33 B. Responses to Objections
.......................................... 34 403. Petitions for Review ofFinal Action
....................................... 34 

### A. Hearing Before the Board
..................................... 34 B. Judicial Review
. . . . . . . . . . . . ................................ : 35 404. Permit Modifications
. . . . . . . . . . . . .................................. 35 A. 

### Administrative Permit Amendments
............................ 35 B. 

### Minor Permit Modifications
. . . . . . . . . ........................ 36 C. 

### Significant Permit Modifications
. . . . . . . . . ................. 39 D. Modifications to Acid Rain Sources
.................. 40 405. Permit Reopening, Revocation orTermination
. . . .................. 40 A. Action by the Department
.................. 40 B. Action by the Administrator
..................... 41 C. 

### Compliance Orders
. . ...................... 41 406. Citizen Suits
. . . . . . . . . . . . . . . . .......................... 42 407. Variances
. . . . . . . . . . . . . . . . . .................................... 42 408. Enforcement
. . . . . . . ........................ 42 409- 499. [Reserved]
. . . . . . . ............................... 42

II

### SUBPART V- RESERVED (RADIONUCLIDES) 500

- 599. [Reserved]


### .............. 42

Ill

### THIS PAGE LEFT BLANK INTENTIONALLY

### TITLE 20 CHAPTER2 PART70 NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD P. 0. 

### BOX 26110/1190 ST. FRANCIS DRIVE SANTAFE, NEW MEXICO 87502-0110
ENVIRONMENTAL PROTECTION AIR QUALITY (STATEWIDE) OPERATING PERMITS
SUBPARTI- GENERAL PROVISIONS 100. ISSUING AGENCY: Environmental Improvement Board. [11-30-95] I0I. SCOPE: All persons who own or operate a major source or any other sourcerequired to obtain a permit under this Part. [11-30-95] 102. STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Section 74-1-8(A)(4) and (7), 

### and Air Quality Control Act, NMSA 1978, Sections 74-2-1 etseq.• including specifically, Section 74-2-5(A), (B), and (C) and (D). [11-30-95] I03. DURATION: Permanent. [11-30-95] I04. EFFECTIVE DATE: 11-30-95. [I 

### 1-30-95] I05. OBJECTIVE: The objective ofthis Part is to establish the requirements for obtainingan operating permit. [11-30-95] I06. AMENDMENTAND SUPERSESSION OFPRIORREGULATIONS: This Part amends and supersedes Air Quality Control Regulation ("AQCR") 770,- OperatingPermits, filed November 15, 1993, as amended ("AQCR 770"). The original effective date ofAQCR 770 was December 19, 1994, which wasthe effective date ofapproval, by the Administrator, ofthe New Mexico operating permit program. (See 59 FR 59656 [November 18, 1994]). [I 

### 1-30-95] A. All references toAQCR 770 in any otherrule shall be construed as a reference to this Part. [11-30-95) B. The amendment and supersession ofAQCR 770 shall not affect any administrative orjudicial enforcement action pending on the effective date ofsuch amendment nor the validity of any permit issued pursuant to AQCR 770. [11-30-95] I07
_ DEFINITIONS: In addition to the terms defined in Part 2 - Definitions, as used in this Part [11-30-95]
20NMAC 2.70 11-14-98

### A. "Acid rain source" has the meaning given to "affected source" in the regulations promulgated under title IV ofthe Federal Act, and includes all sources subject to title IV ofthe Federal Act. [11-30-95) B. "Affected programs" means all States, local air pollution control programs, and Indian Tribes and Pueblos, that are within 50 miles ofthe source. [11-30-95) C. 

### "Airpollutant" means an air pollution agent or combination ofsuch agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance ormatter which is emitted into orotherwiseenters the ambient air. Such term includes any precursors to the formation ofany air pollutant, to the extent the Administrator has identified such precursor orprecursors for the particularpurposefor which the term "air pollutant" is used. This excludes water vapor, nitrogen (N2), 

### carbon dioxide (C02), 

### oxygen (02), 

### methane and ethane. D. "Airpollution control equipment" means any device, equipment, process or combination thereof, the operation ofwhich would limit, capture, reduce, confine, orotherwise control regulated air pollutants or convert for the purposes ofcontrol anyregulated air pollutant to another form, another chemical or another physical state. This includes, but is not limited to. sulfur recovery units, acid plants, baghouses, precipitators, scrubbers. cyclones, water sprays. enclosures, catalytic converters, and steam orwater injection. [11-30-95] E. "Applicablerequirement" means all ofthe following, as they apply to emissions units at a Part 70 source (including requirements that have been promulgated orapproved by the Board or US EPA through rulemaking at the time ofpermit issuancebut have future-effective compliance dates): I. Any standard or other requirement provided for in the New Mexico state implementation plan approved by US EPA, orpromulgated by US EPAthrough rulemaking. under title I ofthe Federal Act to implement the relevant requirements ofthe Federal Act, including any revisions to that plan promulgated in 40 CFR, Part 52; 2. Any term or condition ofany preconstruction permit issued pursuant to regulations approved orpromulgated through rulemaking under title I, including parts C or D, of the Federal Act, unless that term orcondition is determined by the Department to be no longer pertinent; 3. Any standard or other requirement under section Ill ofthe Federal Act. including section Ill(d); 4. Any standard orother requirement under section 112 oftheFederal Act, including any requirement concerning accident prevention under section 112(r)(7) ofthe Federal Act;
20 NMAC 2.70 2 11-14-98

### 5. Any standard orother requirement ofthe acid rain program undertitle IV ofthe Federal Act or the regulations promulgated thereunder; 6. Any requirements established pursuant to section 504(b) or section 114(a)(3) ofthe Federal Act; 7. Any standard or other requirement governing solid waste incineration under section 129 ofthe Federal Act; 8. Any standard or other requirement for consumer and commercial products under section 183(e) oftheFederal Act; 9. Any standard orother requirement for tank vessels under section 183(t)of the Federal Act; I0. Any standard orother requirement ofthe regulations promulgatedto protect stratospheric ozone undertitle VI ofthe Federal Act, unless the Administrator has determined that such requirements need not be contained in atitle V permit; II. Any national ambient air quality standard; 12. Any increment or visibility requirement under part C oftitle I oftheFederal Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) ofthe Federal Act; and 13. Any regulation adopted by the Board pursuant to the NewMexico Air Quality Control Act, §74-2-S.B NMSA 1978. [11-30-95] F. "CFR" means the Code ofFederal Regulations. [11-30-95] G. "Draft pennit" means a version ofa permit which the Department offers for public participation oraffected program review. [11-30-95] H. "Emission limitation" means a requirement established by US EPA, the Board, orthe Department, that limits the quantity, rate or concentration, or combination thereof, of emissions ofregulated air pollutants on a continuous basis, including any requirements relating to the operation or maintenance ofa source to assure continuous reduction. I. 

### "Emissions allowable underthe permit" means: I . any state or federally enforceable permit term or condition that establishes an emission limit (including a work practice standard) requested by the applicant and approved by

20NMAC 2.70 3 11-14-98

### the Department or determined at issuance or renewal to berequired by an applicablerequirement; or 2. any federally enforceable emissions cap that the permittee has assumed to avoid an applicable requirement to which the source would otherwisebe subject. [11-30-95] K. 

### "Emissions unit" means any part or activity ofa stationary source that emits or has the potential to emit any regulated air pollutant or any air pollutantlisted pursuant to section 112(b) ofthe Federal Act. This term is not meant to alter oraffect the definition ofthe term "unit" for purposes oftitle IV ofthe Federal Act. [11-30-95] L. 

### "Federallyenforceable" means all limitations and conditionswhich are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within the New Mexico State Implementation Plan, and any permit requirements established pursuant to 40 CFR 52.21 orunder regulations approved pursuant to 40 CFR Part 51, Subpart I, including 40 CFR 51.165 and 40 CFR 51.166. [11-30-95] M. "Final permit" means the version ofan operating permit issuedbythe Department that has met all review requirements ofSubpart IV ofthisPart. [11-30-95] N. "Fugitive emissions" are those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening. [JJ-30-95] 0. 

### "General permit" means an operating permit that meets the requirements of Section 303 ofthisPart. [11-30-95] P. "Hazardous air pollutant" means an air contaminant that hasbeen classified asa hazardous air pollutant pursuant to the Federal Act. [11-30-95) Q. 

### "Insignificant activities" means those activities which have been listed by the Department and approved by the Administrator as insignificant on the basis ofsize, emissions or production rate. [11-30-95) R. "Major source" means any stationary source (or any group ofstationary sources that are located on one or more contiguous oradjacent properties, and are under common control ofthe same person(s)) in which all ofthe pollutant emitting activities at such sourcebelong tothe same Major Group (i.e, all have the same two-digit code), as described in the Standard Industrial Classification Manual, 1987, and that is described in paragraphs I, 2 or3 below. [11-30-95) I. A major source under section 112 ofthe Federal Act, which is defined as:
a. Forpollutants other than radionuclides, any stationary sourceor group ofstationary sources located within a contiguous area and undercommoncontrol that
20NMAC 2.70 4 11-14-98

### emits orhas thepotential to emit, in the aggregate, I0 tons ormoreper year ofany hazardous air pollutant which has been listed pursuant to section 112 (b) ofthe Federal Act, 25 or more tons per year ofany combination ofsuch hazardous air pollutants (including any major source of fugitive emissions ofany such pollutant, as determined by rule by the Administrator), orsuch lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding sentence, hazardous emissions from any oil orgas exploration or production well (with its associated equipment) and hazardous emissions from any pipeline compressor or pump station shall not be aggregated with hazardous emissions from other similar units, whether ornot such units are in a contiguous area orunder common control, to determine whether such units or stations are major sources. [11-30-95] b. Forradionuclides, "major source" shall have the meaning specified by the Administratorby rule. [11-30-95] 2. A major stationary source ofair pollutants that directly emits orhas the potential to emit, I00 ormore tons per year ofany air pollutant (including any major sourceof fugitive emissions ofany such pollutant, as determined by rule by the Administrator). The fugitive emissions ofa stationary source shall not be considered in determining whether it is a major stationary sourcefor the purposes ofthis paragraph, unless the source belongsto oneofthe following categories ofstationary sources:
a. Coal cleaning plants (with thermal dryers); b. Kraft pulp mills;
c. Portland cement plants; d. Primary zinc smelters;
e. Iron and steel mills; f 

### Primary aluminum ore reduction plants; g. Primary copper smelters; h. Municipal incinerators capable ofcharging more than 250 tons of refuse per day;

1. 

### Hydrofluoric, sulfuric, or nitric acid plants; J. 

### Petroleum refineries; k. Lime plants;
20NMAC2.70 5 ll-14-98I. 

### Phosphate rock processing plants;
m. Coke oven batteries;
n. Sulfur recovery plants;
0. 

### Carbon black plants (furnace process); p. Primary lead smelters; q. 

### Fuel conversion plant;
r. Sintering plants;
s. Secondary metal production plants; t. 

### Chemical processplants;
u. Fossil-fuel boilers (orcombination thereof) totaling more

### than 250 million British thermal units perhour heat input;
v. Petroleum storage and transfer units with a total storagecapacity exceeding 300,000 barrels;
w. Taconite ore processing plants;
x. Gl<!SS fiber processing plants; y. 

### Charcoal production plants;
z. Fossil fuel-fired steam electric plants ofmore than 250 million British thermal units per hour heat input;
aa. All other stationary source categoriesregulated by a standard promulgated as ofAugust 7, 1980, under the section Ill or 112 ofthe Federal Act, but only with respect to those air pollutants that have been regulated for that category. [11-30-95] 3. A major stationary source as defined in part D 

### oftitle I ofthe Federal Act, including:
a. Forozone non-attainment areas, sources with the potential to emit I00 tons or more per year ofvolatile organic compounds ornitrogen oxides in areas classified as "marginal" or "moderate," 50 tons or more per year in areas classified as "serious." 25 tons or
20 NMAC 2.70 6 11-14-98

### more per year in areas classified as "severe," and I0 tons ormore peryear in areas classified as "extreme"; except that thereferences in this paragraph to 100, 50, 25, and 10 tons per yearof nitrogen oxides shall not apply with respect to any source for which the Administratorhas made a finding, under section 182(f)(I)or (2) oftheFederal Act, that requirements under section 182(f) ofthe Federal Act do not apply; b. For ozone transport regions established pursuant to section 184 of the Federal Act, sources with the potential to emit 50 tons or more per year ofvolatile organic compounds;
c. For carbon monoxide non-attainment areas (I) that areclassified as "serious," and (2) in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the Administrator, sources with the potential to emit 50tons ormore per year ofcarbon monoxide; and d. Forparticulate matter (PMI0) non-attainment areasclassified as "serious," sources with the potential to emit 70tons or more peryear ofPMIO. [II-30-95] S. "Operating Permit" or "permit" (unless the context suggests otherwise) means any permit orgroup ofpermits covering a source that is issued, renewed, modified orrevised pursuant to this Part. [ 11-30-95] T. 

### "Operator" means theperson orpersons responsible for the overall operation of a facility. [11-30-95) 

## u [11-30-95] "Owner" means the person orpersons who own a facility orpart ofafacility.
V. "Part" means an air quality control regulation under Title 20, Chapter2 ofthe New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board. [11-30-95] W. "Part 70 source" means any source subject to thepermitting requirements ofthis Part, as provided in Subpart II ofthis Part. [I 

### 1-30-95] X. 

### "Permit modification" means a revision to an operating permit that meets the requirements ofsignificant permit modifications, minor permit modifications, oradministrative permit amendments, as defined in Section 404 ofthis Part. [II-30-95] Y. 

### "Permittee" means the owner, operator orresponsible official at a permitted Part 70 source, as identified in any permit application or modification. [11-30-95]

20NMAC 2.70 7 11-14-98

### Z. "PortableSource" means any plant that is mounted onany chassis or skids and which can be moved by the application ofa lifting orpullingforce. In addition, there shall beno cable, chain, turnbuckle, bolt or other means (except electrical connections) by which any piece of equipment is attached or clamped to any anchor, slab, or structure, including bedrock, that must be removed priortothe application ofa lifting orpulling force for the purpose oftransporting the unit Portable sources may include sand and gravel plants, rock crushers, asphalt plants and concretebatch plants which meet this criteria. 

### [I 1-30-95) AA. "Potential to emit" means the maximum capacity ofa stationary·source to emit any air pollutant underits physical and operational design. Any physical or operational limitation on the capacity ofa sourceto emit an air pollutant, including air pollution control equipment and restrictions on hours ofoperation oron the type or amount ofmaterial combusted, stored, or processed, shall be treated as part ofits design ifthe limitation is federally enforceable. The potential to emit for nitrogen dioxide shall be based on total oxides ofnitrogen. [11-30-95) BB. "Proposed permit" means the version ofa permit that theDepartment proposes to issue and forwards tothe Administrator for review in compliance with Section402ofthis Part. [11-30-95) CC. "Regulated airpollutant" means the following: I. Nitrogen oxides, total suspended particulate matter, orany volatile organic compounds; 2. Any pollutant for which a national ambient air quality standard has 

### been promulgated; 3. Any pollutant that is subject to any standard promulgated under section Ill ofthe Federal Act; 4. Any Class I or II substance subject to any standard promulgated underor established by title VI ofthe Federal Act; or 5. Any pollutant subject to a standard promulgated under section 112 orany otherrequirements established under section I12 ofthe Federal Act, including sections 112(g), (j), and (r), including the following;
a. any pollutant subject to requirements under section I 12(j) ofthe Federal Act. Ifthe Administrator fails to promulgate a standard by the date established pursuant to section 112(e) ofthe Federal Act, any pollutant for which a subject sourcewould bea major shall be considered to be regulated on the date 18 months afterthe applicable dateestablished pursuant to section I 12(e) ofthe Federal Act; and

20NMAC 2.70 8 11-14-98

### b. any pollutant for which the requirements ofsection 112(g)(2)ofthe Federal Act havebeen met, but only with respect to the individual source subject to a section 112(g)(2) requirement. [11-30-95] DD. "Renewal" means the processby which a permit is reissued at theend ofitsterm. [I 

### 1-30-95] EE. "Responsibleofficial" means one ofthe following: I. Fora corporation: a president, secretary, treasurer, orvice-president ofthe corporation in charge ofa principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representativeof such person ifthe representative is responsible for the overall operation ofoneormore manufacturing, production, or operating facilities applying for or subject to a permit and either a. the facilities employ more than 250 persons orhave gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars), orb. the delegation ofauthority to such representative is approved in advance by theDepartment. [11-30-95] 2. For a partnership or sole proprietorship: a general partnerorthe proprietor, respectively. [11-30-95] 3. Fora municipality, state, federal or otherpublic agency: either a principal executive officer orranking elected official. Forthepurposes ofthis Part, a principal executive officer ofa federal agency includes the chiefexecutive officer having responsibility for the overall operations ofa principal geographic unit ofthe agency (e.g., a Regional Administrator ofUS EPA). [11-30-95] 4. Foran acid rain source: the designated representative (as defined in section 402(26) ofthe Federal Act) in so far as actions, standards, requirements, orprohibitions under title IV ofthe Federal Act orthe regulations promulgated thereunder are concerned, and for any other purposesunder 40 CFR, Part 70. [11-30-95] FF. "Section 502(b)(IO) changes" are changes that contravene an expresspermit term. Such changes do not include changes that would violate applicable requirements or contravene permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, orcompliance certification requirements. [I 

### 1-30-95] GG. "Shutdown" means the cessation ofoperation ofany air pollution control equipment, process equipment orprocess for any purpose. [11-30-95] 1-D-1. 

### "Solid waste incineration unit" means a distinct operating unit ofany facility which combusts any solid waste material from commercial or industrial establishments orthe

20NMAC 2.70 9 11-14-98

### general public (including single and multiple residences, hotels, and motels). Theterm "solid wasteincineration unit" does not include: I. Incinerators or otherunits required to have a permit under section 3005 of the federal Solid Waste Disposal Act; 2. Materialsrecovery facilities (including primary orsecondarysmelters) which combust waste for the primary purpose ofrecovering metals; 3. QualifYing small powerproductionfacilities, as defined in section 3(17)(C) oftheFederal Power Act (16 U.S.C. 796(17)(C)), orqualifYing cogeneration facilities, as defined in section 3(18)(B) ofthe Federal Power Act (16 U.S.C. 796(18)(8)), which bum homogeneous waste (such as units which bum tires orused oil, but not including refuse-derived fuel) for the production ofelectric energy orin the case ofqualifYing cogeneration facilities which bum homogeneous waste for theproduction ofelectric energy and steam orforms ofuseful energy (such as heat) which are used for industrial, commercial, heating or cooling purposes; or 4. Air curtain incinerators, provided that such incinerators onlybum wood wastes, yard wastes and clean lumber and that such air curtain incinerators comply with opacity limitations established by the Administrator by rule. [JJ-30-95) II. "Startup" means the setting into operation ofany air pollution control equipment. process equipment or process for any purpose. [I

### J-30-95) 

### JJ. "Stationary source" or "source" means any building, structure, facility, or installation that emits ormay emit any regulated air pollutant orany pollutant listed under section 112(b) ofthe Federal Act. [11-30-95) KK. "Subsidiary" means abusiness concern which is owned or controlled

### by, oris a partner of, the applicant orpermittee. [11-30-95] LL. "Temporary Source" means any plant that is situated in one location for a period ofless than one year. after which it will be dismantled and removed from its current site or relocated to anew site. A temporary source may be semi-permanent, which means that is does not have to meet the requirements ofa portable source. Temporary sources may includewell head compressors which meet this criteria. [11-30-95] MM. "Title I Modification" means any modification under sections III or 112 ofthe Federal Act and any physical change or change in method ofoperationsthat is subject to the preconstruction regulations promulgated under Parts C and D ofthe Federal Act. [11-30-95]

20NMAC2.70 10 11-14-98

### I08. DOCUMENTS: Documents cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Runnels Building, 1190 Saint Francis Drive. Santa Fe, NM 87505_ [11-30-95) 109- 199. [RESERVED!
SUBPART U- APPLICABILITY 200. PART 70 SOURCES: Operating permits must be obtained from the Department for the following sources: A. 

### Any major source; B. Any source, including an area source, subject to a standard orotherrequirement promulgated under section Ill

- Standardsof Performance forNew StationarySources, 

### or section 112- HazardousAirPollutants, 

### ofthe Federal Act, but not including any source which: I. is exempted under Section 202.B ofthis Part; or 2. would be required to obtain a permit solely because it is subject to regulations or requirements under section 112(r) oftheFederal Act; C. 

### Any acid rain source; and D. Any source in a source category so designated by the Administrator, in whole orin part, by regulation. after notice and comment. [11-30-95) 201. REQUIREMENTFORA PERMIT: A. 

### A Part 70 source may operate after the time that it is required to submit a timely and complete application under this Part only if: I. the source is in compliance with an operating permit issued by the Department orEPA; or 2. a timely permit (including permit renewal) application has been submitted consistent with Section 300 ofthis Part_ The ability to operate under these circumstances shall cease ifthe applicant fails to submit by the deadline specified in writing by the Department any additional information identified as being needed to processthe application. [11-30-95) B. Revocation ortermination ofa permitby the Department terminates the permittee's right to operate. [11-30-95)
20NMAC 2.70 I I 11-14-98

### C. The submittal ofa complete operating permit application shall not protect any source from any applicable requirement, including any requirement that the source have a preconstruction permit under title I ofthe Federal Act or state regulations. [11-30-95] 202. SOURCE CATEGORY EXEMPTIONS: A. The following source categories are exempted from the obligationto obtain an operating permit: I. All sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 60, Subpart AAA

- Standardsof Performance for NewResidential WoodHeaters; 

### 2. All sources and sourcecategories that would be required to obtain a permit solely because they are subject to 40 CFR Part 61, Subpart M

- NationalEmission Standard for HazardousAirPollutantsforAsbestos, 

### section 61.145, Standard forDemolitionandRenovation; 

### 3. Except as required under Subpart V ofthis Part, any source that wouldbe required to obtain a permit solely because ofemissions ofradionuclides; and 4. Any source in a source categoryexempted by the Administrator, by regulation, after notice and comment. [11-30-95] B. Non-major sources, including those subject to sections Ill or 112 oftheFederal Act, are exempt from the obligation to obtain a Part 70 permit until such time that the Administrator completes a rulemaking that requires such sources to obtain operating pennits. [11-30-95) C. Any source exempted from the requirement to obtain an operatingpermit may opt to apply for a permit under this Part. [11-30-95) D. No permit for a solid wasteincineration unit shall be issued by theDepartment ifa New Mexico state agency is responsible, in whole orin part, for the design and construction or operation ofthe unit. In such cases, applications shall be made to the Administrator. Department review or approval ofsolid waste incineration units shall not constitute responsibility for the design, construction, or operation ofthe unit. [I I-30-95) 203. EXISTING MAJOR SOURCESWHICH ARE NOT REQUIRED TO HAVE A PERMITUNDER PART72- CONSTRUCTIONPERMITS: 

### [I I-30-95, II-I9-97) A. The owner oroperator ofany major source may reverse or avoid designation as a major source under this Part by obtaining a permit under Part 72 which includes federally enforceable conditions which restrict the potential to emit ofthe source to non-major emission
20 NMAC 2.70 I2 11-14-98

### rates. Such conditions may include emissions limitations, processrestrictions and/or limitations, restrictions on annual hours ofoperation, or other conditions which reducethe facility's potential to· emit. [11-30-95, 11-19-97] 

### B. [REPEALED) [11-30-95; 

### R, 11-19-97] 

### 204. BERNALILLOCOUNTY: For the operation ofsources within Bernalillo County, the applicant shall make such applications to the Air Pollution Control Division ofthe Albuquerque Environmental Health Department orits_successor agency or authority. [11-30-95] 

### 205. INDIAN TRIBALJURISDICTION: The requirements ofthis Part do not apply to sources within Indian Tribaljurisdiction. Forthe operation ofsources in thatjurisdiction, the applicant should make such applications to the Tribal Authority orto the Administrator. as appropriate. [11-30-95] 206- 299. 

### [RESERVED)
SUBPART

# m -PERMITREQUIREMENTS 300. 

### PERMITAPPLICATIONS: A. 

### Duty to apply. Foreach Part 70 

### source, the owner or operator shall submit a timely and complete permit application in accordancewith this Part. [11-30-95] 

### B. Timely application. Atimely application for a source applying for apermit

### under this Part is: I. Forfirst time applications, one that is submitted within twelve (12)

### months after the sourcecommences operation as a Part 70 

### source, oras established in thetransition schedule outlined in paragraph 4, below; 2. For purposes ofpermit renewal, one that is submitted at least twelve (12) 

### months priorto the date ofpermit expiration. [11-30-95] 

### 3. Forthe acid rain portion ofpermit applications for initial Phase II acid rain sources under title IV ofthe Federal Act, by January I, 1996 

### for sulfur dioxide, and by January I. 1998 

### for nitrogen oxides. [11-30-95] 

### 4. Transition schedule. Atimely application for a Part 70 

### source which is in operation on orbefore December 19, 1995 

### is one that is submitted:

20 NMAC 2.70 13 11-14-98a. For sources, except natural gas processing plants, which havebeen issued a permit, including a permit modification, pursuantto Parts 72, 74, or 79 onorafter January I, 1987, byFebruary 2, 1995, except that persons owning more than one sourceinthis category may submit applications for halfoftheir sourcesbyFebruary 2, 1995 and submit the remaining applicationsby March 19, 1995; b. For sources, exceptnatural gasprocessing plants, which were issued a permit, including a permit modification, pursuantto Parts 72, 74, or 79 priortoJanuary I, 1987, by June 19, 1995;
c. Forall other sources, by December 19, 1995; C. Completeness ofApplication. I. To bedeemed complete, an application must provide all information required pursuantto Section 300.D ofthis Part, exceptthat applications for permitmodifications need supply such information only ifit is related totheproposed change. [11-30-95] 2. If, while processing an application, regardless ofwhetherit hasbeen determined ordeemed tobe complete, the Department determines that additional informationis necessary to evaluate ortake final action on that application, it may request such informationin writing and set a reasonable deadline for a response. [11-30-95] 3. Any applicant who fails to submit any relevant facts orwho has submitted incorrect information in a permit application or in a supplemental submittal shall, upon becoming aware ofsuch failure orincorrect submittal, promptly submit such supplementaryfacts or corrected information. In addition, an applicant shall provide further information asnecessaryto address any requirements that become applicable to the sourceafter the date it filed a complete application but priorto release ofa draft permit. [11-30-95] 4. The applicant's ability to operatewithout a permit, as set forth in Section 20l.A.2 ofthisPart, shalf be in effect from the date a timely application is submitted until thefinal permit is issued or disapproved, provided that the applicant adequately submits anyrequested additional informationbythe deadline specified by the Department. [11-30-95] D. Content ofApplication. Any person seeking a permit underthis Part shall do so by filing a written application with the Department. The applicant shall submit three (3) copies of thepermit application, ormore, as requested by the Department. An applicant may not omit information needed to determine the applicability of, orto impose, any applicablerequirement, or to evaluatethefee amount required under Part 71 

### -OperatingPermitEmission Fees. Fugitive emissions shall be included in the permit application in the same manner as stack emissions, regardless ofwhether the sourcecategory in question is included in the list ofsources contained in the definition ofmajor source. 

### AJI applications shall: [11-30-95]
20NMAC 2.70 14 11-14-98

### I. Bemade on forms furnished by the Department, which for the acid rain portions ofpermit applications and complianceplans shall be on nationally-standardized forms to the extent required by regulations promulgated under title IV ofthe Federal Act; [11-30-95] 2. Statethe company's name and address (and, ifdifferent, plant name and address), together with the names and addresses ofthe owner(s), responsible official and the operator ofthe source. any subsidiaries orparent companies, the company's state ofincorporation orprincipal registration to do business and corporate orpartnership relationship to other permittees subject to this Part, and the telephone numbers and names ofthe owners' agent(s) and the site contact(s) familiar with plant operations; [11-30-95] 3. Statethe date ofthe application; [11-30-95] 4. Include a description ofthe sources's processes and products (by Standard Industrial Classification Code) including any associated with alternative scenarios identified by the applicant, and a map, such as the 7.5 minute Topographic Quadrangle map published by the United States Geological Survey orthe most detailed map available showing the exact location of the source. The location shall be identified by latitude and longitude orby UTM coordinates; [ 11-30-95] 5. For all emissions ofall air pollutantsfor which the source is major and all emissions ofregulated air pollutants, provide all emissions information, calculations and computations for the source and for each emissions unit, except for insignificant activities (as defined in Section 107 ofthis Part). This shall include:
a. A process flow sheet ofall components ofthe facility which would beinvolved in routine operations and emissions; b. Identification and description ofall emissions points in sufficient detail to establish thebasis for fees and applicability ofrequirements ofthe state and Federal Acts;
c. Emissions rates in tons per year, pounds per hour and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method; d. Specificinformation such as that regarding fuels, fuel use. raw materials, or production rates, to the extent it is needed to determine orregulate emissions;
e. Identification and full description, including all calculations and the basis for all control efficiencies presented, ofair pollution control equipment and compliance monitoring devices oractivities;

20NMAC 2.70 

### 15 I 1-14-98

### f. The maximum and standard operating schedules ofthe source, as well as any work practice standards orlimitations on source operation which affect emissionsof regulated pollutants; g. 

### An operational plan defining the measures tobe taken to mitigate source emissions during startups, shutdowns and emergencies; h. Other relevant information as the Department may reasonably require orwhich are required by any applicable requirements (including information related to stack height limitations developed pursuant to section 123 oftheFederal Act); and i. Foreach alternative operating scenario identified by the applicant. all ofthe information required in (a) through (h) above, as well as additional information determined tobenecessary by the Department to define such alternative operating scenarios; [11- 30-95, 11-14-98] 6. Provide a list ofinsignificant activities (as defined in Section 107 ofthis Part) at the source, their emissions, tothe extent required by the Department, and any information necessary to determine applicable requirements; [11-30-95] 7. Provide a citation and description ofall applicable air pollution control requirements, including:
a. Sufficient information related to the emissions ofregulated air pollutants to verify the requirementsthat are applicable to the source; and b. A description oforreference to any applicable test method for determining compliance with each applicable requirement; [11-30-95] 8. Provide an explanation ofany proposed exemptions from otherwise applicable requirements; [11-30-95] 9. Provide other specific information that may be necessaryto implement and enforce other requirements ofthe state or Federal Acts orto determine the applicability ofsuch requirements, including information necessary to collect any permit fees owed under Part 71

- OperatingPermit Emission Fees; 

### [11-30-95] I0 For applications which are required underthe transition schedule in Section 300.8.4 ofthis Part, include a dispersion modeling analysis, using US EPA approved models and procedures, showing whether emissions from the source would cause air pollutant concentrations in excess ofany national ambient air quality standard. Air pollutants which are not emitted in significant (as defined in 40 CFR 52.21(b)(23)(i)) amounts during routine operations need notbe modeled.
20NMAC 2.70 16 11-14-98

### a. This requirement shall not apply to the following: (I) A Part 70 source issued a permit under Parts 72, 74, 79 afterJanuary I, 1986; or (2) A Part 70 source subject to Parts 14, 16, 19, 31, 32 ifno physical oroperational modifications that have resulted in increased particulate matter, sulfur dioxide, or nitrogen oxide emissions have occurred since the time modeling was performed for that facility as part ofrevisions to those regulations. b. The Department may waive modeling with respect to ozoneifthe Department determines that emissions from the source are not likely to cause ozone concentrations in excess ofthe national ambient air quality standard. [11-30-95] II. Provide certification ofcompliance, including:
a. A certification, by a responsible official consistent with Section JOO.E ofthisPart, ofthe source's compliance status for each applicablerequirement; b. A statement ofmethods used for determining compliance, including a description ofmonitoring, recordkeeping, and reporting requirementsand test methods;
c. A statement that the source will continueto be in compliancewith applicable requirements for which it is in compliance, and will, in atimely manner orat such schedule expressly required by the applicable requirement, meet additional applicable requirements that become effective during the permit term; d. A schedule for submission ofcompliancecertifications during the permit term, to be submitted no lessfrequently than annually, ormore frequently ifspecifiedby the underlying applicable requirement orby the Department; and
e. A statement indicating the source's compliance status with any enhanced monitoring and compliance certification requirements ofthe Federal Act. [I 1-30-95] 12. For sources that are not in compliance with all applicable requirements at thetime ofpermit application, provide a compliance plan that contains:
a. A description ofthe compliance status ofthe source with respect to all applicable requirements; b. A narrative description ofhow the sourcewill achieve compliance with suchrequirements for which it is not in compliance;

20NMAC 2.70 

### 17 I 1-14-98c. A schedule ofremedial measures, including an enforceable sequence ofactions with milestones, leading to compliance with such applicable requirements. The schedule ofcompliance shall be at least as stringent as that contained in any consent decreeor administrative orderto which the sourceis subject, and the obligations ofany consent decree or administrative order shall notbe in any waydiminished by the schedule ofcompliance Any such schedule ofcompliance shall be supplemental to, and shall not prohibit the Department from taking any enforcement action for noncompliance with, the applicable requirements onwhich itis based; d. A schedule for submission ofcertified progress reports no less frequently than every six (6) months; and
e. Forthe portion ofeach acid rain source subject to the acid rain provisions oftitle 

### IV ofthe Federal Act, thecompliance plan content requirements specified 

### in this paragraph, except as specifically superseded by regulations promulgated undertitle 

### IV ofthe Federal Act with regard to the schedule and method(s)the sourcewill useto achieve compliance with the acid rain emissionslimitations. 

### [I 1-30-95) E. Certification. Any document, including any application form, report, or compliance certification, submitted pursuant tothis Part shall contain certification by a responsible official oftruth, accuracy, and completeness. This certification and any othercertification required under this Part shall state that, based on information and beliefformed afterreasonable inquiry, the statementsand information in the document are true, accurate, and complete. [11-30- 95] 301. CONFIDENTIAL INFORMATION PROTECTION: A. All confidentiality claims made regarding material submitted to the Department under this Part shall be reviewed under theprovisions ofthe NewMexico Air Quality Control Act §74-2-11 NMSA 1978 and the New Mexico Inspection ofPublic Records Act, §14-2-l, 

### etseq. NMSA I978. 

### [I I-30-95] B. In the casewhere an applicant or permittee has submitted information tothe Department under a claim ofconfidentiality, the Department may also require the applicant or permittee to submit a copy ofsuch information directly tothe Administrator. [11-30-95) C. An operating permit is a public record, and not entitled to protection under section 114(c) oftheFederal Act. [11-30-95] 302. PERMIT CONTENT: A. Permit Conditions

20 NMAC 2.70 18 11-14-98

### L The Department shall specify conditions upon a permit, including emission limitations and sufficient operational requirements and limitations, to assure compliancewith all applicable requirements at the time ofpermit issuance or as specified in the approved schedule of compliance. The permit shall:
a. Formajor sources, include all applicable requirements for all relevant emissions units in the major source. (11-30-95] b. Forany non-major source subject to Subpart 

### II ofthis Part, include all applicable requirements which apply to emissions units that causethe source to be subjectto this Part. [11-30-95]
c. Specify and reference the origin ofand authority for each term or condition, and identify any difference in form as compared to the applicable requirement upon which the term or condition is based; d. Include a severability clause to ensure the continued validity ofthe various permit requirements in the event ofa challenge to any portions ofthepermit;
e. Include a provision to ensure that thepermitteepays fees tothe Department consistent with thefee schedule in Part 71 - OperatingPermitEmission Fees; 

### and 

### f For purposes ofthe permit shield, identify any requirement specifically identified in the permit application orsignificant permit modification that the Department has determined is not applicable to the source, and statethe basis for any such determination. (11-30-95] 2. 

### Each permit issued shall, additionally, include provisions stating that:
a. Thepermittee shall comply with all terms and conditions ofthe permit. Any permit noncompliance is grounds for enforcement action. In addition, noncompliance with federally enforceable permit conditions constitutes a violation ofthe Federal Act; b. It 

### shall not be a defense for a permittee in an enforcement action that it would have been necessaryto halt orreduce the permitted activity in orderto maintain compliance with the conditions ofthe permit;
c. The permit may be modified, reopened and revised, revoked and reissued, orterminated for cause in accordance with Section 405 ofthis Part;

19 11-14-98

### d. The filing ofa requestby the permittee for a permit modification. revocation and reissuance, ortermination. or ofa notification ofplanned changes or anticipated noncompliance shall not stay any permit condition;
e. The permit does not convey any property rights ofany sort. orany exclusive privilege; f. 

### Within theperiod specified by the Department. thepermittee shall furnish anyinformation that the Department may request in writing to determine whether cause exists for reopening and revising. revoking and reissuing, ortermination ofthepermitorto determine compliance with thepermit. Upon request. the permittee shall also furnish tothe Department copies ofrecords required by the permit tobemaintained. [ 11-30-95, 11-14-98) 3. The terms and conditions for all alternative operating scenariosidentified 

### in the application and approved by the Department:
a. Shall require that the permittee maintain a log at the permitted facility which documents, contemporaneously with any change from one operating scenarioto another, the scenario under which the facility is operating; and b. Shall, for each such alternative scenario, meet all applicable requirements and the requirements ofthis Part. [11-30-95) 4. TheDepartment may impose conditions regulating emissions during startup and shutdown. [11-30-95] 5. All permit terms and conditions which are required under the Federal Act orunder any ofits applicable requirements, including any provisions designed to limit a source's potential to emit, are enforceable by the Administrator and citizens underthe Federal Act. The permit shall specifically designate as not being federally enforceable undertheFederal Act any terms or conditions included in the permit that are not required under the Federal Act orunder any ofits applicable requirements. [11-30-95] 6. The issuance ofa permit, or thefiling or approval ofa complianceplan, does not relieve any person from civil or criminal liability for failure to comply with the provisions ofthe Air Quality Control Act, the Federal Act, federal regulations thereunder, any applicable regulations ofthe Board, and any other applicable law or regulation. [11-30-95) 7. The Department may include part orall ofthe contents ofthe application as terms and conditions ofthe permit or permit modification. The Department shall not apply permit terms and conditions upon emissions ofregulated pollutants for which there areno applicable requirements, unless the source is major for that pollutant. [11-30-95]

20 NMAC 2.70 20 11-14-988. Fugitive emissions from a source shall be included in the operatingpermit in the same manner as stack emissions, regardless ofwhether the source category in question is included in thelist ofsources contained in the definition ofmajor source. [11-30-95] 9. The acid rain portion ofoperating permits for acid rain sources shall additionally:
a. Statethat, where an applicable requirement oftheFederal Act is more stringent than an applicable requirement ofregulations promulgated undertitle IV ofthe Federal Act, bothprovisions shall be incorporated into the permit and shall be enforceableby the Administrator. [11-30-95] b. Contain a permit condition prohibiting emissions exceeding any allowances thatthe acid rain source lawfully holds under title IV ofthe Federal Act orthe regulations promulgated thereunder. No permit modification under this Part shall be required for increases in emissions that are authorized by allowances acquired pursuanttothe acid rain program, provided that such increases do not require a permit modification under any other applicable requirement. No limit shall beplaced on the number ofallowances held bythe acid rain source. The permittee may not use allowances as a defense to noncompliance with any other applicable requirement. Any such allowance shall be accounted for according to the procedures established in regulations promulgated undertitle IV oftheFederal Act. [11-30-95] B. Permit Duration. The Department shall issue operatingpermits for a fixed term offive (5)years. [I 1-30-95] C. Monitoring I. Each permit shall contain all emissions monitoring requirements, and analysis procedures or test methods, required to assure and verifY compliance with the terms and conditionsofthe permit and applicable requirements, including any procedures and methods promulgated by the Administrator. [11-30-95] 2. Where the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist ofrecordkeeping designed to serve as monitoring), the permit shall require periodic monitoring sufficient toyield reliable data from the relevant time period that are representative ofthe source's compliance with thepermit, as reported pursuant to Section 302.E ofthis Part. Such monitoring requirements shall assure use ofterms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. [11-30-95] 3. The permit shall also contain specific requirements concerningthe use, maintenance, and, when appropriate, installation ofmonitoring equipment or methods. [11-30- 95]
20NMAC 2.70 21 11-14-98D. Recordkeeping I. The permit shall require recordkeeping sufficient to assure and verifY compliance with theterms and conditions ofthe permit, including recordkeeping of:
a. The date, place as defined in the permit, and time ofsampling or measurements; b. The date(s) analyses were performed;
C. The company or entity that performed the analyses; d. The analytical techniques or methodsused;
e. Theresults ofsuch analyses; and 

### f. measurement. [11-30-95] The operating conditions existing at the time ofsampling or
2. Records ofall monitoring data and support information shall beretained for a period ofat least five (5)years from the dateofthe monitoring sample, measurement, report, or application. Supporting information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of

### all reports required by thepermit. [11-30-95] E. Reporting. The permit shall require reporting sufficient to assure and verifY compliance with the terms and conditions ofthe permit and all applicable requirements, including: I. Submittal ofreports ofany required monitoring at least every six (6) months. The reports shall be due tothe Department within forty-five (45) days oftheend ofthe permittee's reporting period. All instances ofdeviations from permit requirements, including emergencies, must be clearly identified in such reports. All required reports must becertifiedbya responsible official consistent with Section 300.E ofthis Part; 2. Prompt reporting ofall deviations (including emergencies) from permit requirements, including the date, time, duration and probable causeofsuch deviations, the quantity and pollutant type ofexcess emissions resulting from the deviation, and any corrective actions or preventive measurestaken. Such reports shall include telephone, verbal orfacsimile communication within twenty-four (24) hours ofthe start ofthe next business day and written notification within ten (I0) days; 3. Submittal ofcompliance certification reports at least every twelve ( 12) months (ormore frequently ifso specified by an applicable requirement) certifYing the source's
20NMAC 2.70 22 11-14-98

### compliance statuswith all permit terms and conditions and all applicable requirements relevant to the source, including those related to emission limitations orworkpractices. The reports shall be duetothe Department within thirty (30} days ofthe end ofthe permittee's reporting period. Such compliance certifications shall be submitted to the Administrator as well as to the Department and shall include:
a. The identification ofeach term orcondition ofthe permit that is the basis ofthe certification; b. The compliance status ofthe source;
c. Whether compliance was continuous orintermittent; d. The method(s) used for determining the compliance status ofthe source. currently and duringthe reporting period identified in the permit; and
e. Such otherfacts as the Department may require to determine the compliance status ofthe source; and 4. Such additional provisions as may be specified by the Administratorto determine the compliance status ofthe source. [11-30-95] F. Portable and Temporary Sources. The Department may issue permits for portable and temporary sources which allow such sources to relocate without undergoing a permit modification. Such permits shall not apply to acid rain sources and shall include conditions to assure that: I. The source is installed at all locations in a manner conforming with the permit; 2. The source shall comply with all applicable requirements and all other provisions ofthis Part at all authorized locations; 3. The owner or operator shall notifY the Department in writing at least fifteen ( 15)calendar days in advance ofeach change in location; 4. Notification shall include a legal description ofwhere the source is to be relocated and how long it will be located there; and 5. Emissions from the source shall not. at any location. result in orcontribute to an exceedance ofa national ambient air quality standard orincrement or visibility requirement under Part C oftitle I ofthe Federal Act. TheDepartment may require dispersion modeling to assure compliance at any location. [11-30-95)

20 NMAC 2.70 23 11-14-98G. 

### Compliance. To assure and verifY compliance with the terms and conditions of the permit and with this Part, permits shall also: [Rn, 20NMAC 2.70.302.G.I, 11-14-98} I. Require that, upon presentation ofcredentials and otherdocuments as may be required by law, the permittee shall allow authorized representatives ofthe Department to perform the following:
a. Enterupon the permittee'spremises where a source is located or emission related activity is conducted, orwhere records must be kept under the conditionsofthe permit; b. Have access to and copy any records that must be kept underthe conditions ofthe permit;
c. Inspect any facilities, equipment (including monitoring and air pollution control equipment), practices, oroperations regulated orrequired under the permit; and d. Sample ormonitor any substances orparametersfor the purpose of assuring compliance with the permit or applicable requirements oras otherwise authorizedby the Federal Act. [11-30-95, 11-14-98] 2. Require that sources required under Section 300.D.l2 ofthis Part to have a schedule ofcompliance submit progress reports tothe Department at least semiannually, ormore frequently ifspecified in the applicable requirement orby theDepartment. Such progress reports shall be consistent with the schedule ofcompliance and requirements ofSection 300.0.12 and shall contain:
a. Dates for achieving the activities, milestones, or compliance required in the schedule ofcompliance, and dates when such activities, milestones or compliance were achieved; and b. 

### An explanation ofwhy any dates in the schedule ofcompliance were not orwill not be met, and any preventive or corrective measures adopted. [11-30-95] 3. Include such otherprovisions as the Department may require. [11-30-95] 

### H. Operational Flexibility. I . Section 502(b)(I0) Changes
a. The permittee may make section 502(b)(I0) changes, as defined in Subpart I ofthis Part, without applying for a permit modification, ifthose changes are nottitle I

20NMAC 2.70 24 11-14-98modifications and the changes do not causethe facility to exceed the emissions allowableunder the permit (whether expressed as a rate ofemissions orin terms oftotal emissions). [11-30-95] b. For each such change, the permittee shall provide written notification to the Department and the Administrator at least seven (7) days in advanceofthe proposed changes. Such notification shall include a briefdescription ofthechange within the permitted facility, the date on which the change will occur, any changein emissions, and any permit term orcondition that is no longer applicable as a result ofthe change. [11-30-95)
c. copy ofthe relevant permit. The permittee and Department shall attach each such notice to their [11-30-95) d. Ifthe written notification and the changequalifyunderthis provision, the permitteeis not required to comply with the permit terms and conditions it has identified that restrict thechange. Ifthe change does not qualify underthis provision, the original terms ofthe permit remain fully enforceable. [11-30-95) 2. Emissionstrading within a facility
a. The Department shall, ifan applicant requests it, issue permits that containterms and conditions allowing for the trading ofemissions increases and decreases in the permitted facility solely for the purpose ofcomplying with a federally enforceable emissions cap that is established in the permit in addition to any applicable requirements. Such terms and conditions shall include all terms and conditions required under Section 302 ofthis Part to determine compliance. Ifapplicable requirements apply to the requested emissionstrading. permit conditions shall beissued only tothe extent that the applicable requirements providefortrading such increases and decreases without a case-by-case approval. [11-30-95] b. The applicant shall include in the application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. The Department shall not include in the emissions trading provisions any emissions units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trades. The permit shall require compliance with all applicable requirements. [ 1 I-30- 95]
c. For each such change, thepermittee shall provide written notification to the Department and the Administrator at least seven (7) days in advance ofthe proposed changes. Such notification shall state when the change will occur and shall describethe changesin emissions that will result and how these increases and decreases in emissions will comply with the terms and conditions ofthe permit. [11-30-95} d. The permittee and Department shall attach each such notice totheir copy ofthe relevant permit. [11-30-95]
20NMAC 2.70 25 I1-14-98

### I. Off-Permit 

### Changes. I. Permittees are allowed to make, without a permit modification. changes that are not addressed orprohibited by the operating permit, if:
a. Each such change meets all applicable requirements andshall not violate any existing permit term orcondition; b. Such changes are not subject to any requirements undertitleIVof the Federal Act and are not title I modifications;
c. Such changes are not subject to permit modification procedures under Section 404 ofthis Part; and d. The permitteeprovides contemporaneous writtennoticetothe Department and US EPA ofeach such change, except for changes that qualifY asinsignificant activities. Such written notice shall describe each such change, including the date, any changein emissions, pollutants emitted and any applicable requirement that would applyasa result ofthe change. [11-30-95] 2. The permittee shall keep a record describing changes made at the source that result in emissions ofa regulated air pollutant subject to an applicable requirement, but not otherwise regulated underthe permit, and the emissions resulting from those changes. [11-30-95} 1. Permit Shield. 

### I. Except as provided in this Part, the Department shall expresslyinclude in a Part 70 permit a provision stating that compliance with theconditions ofthe permit shall be deemed compliance with any applicable requirements as ofthe date ofpermit issuance. provided that:
a. identified in the permit; or Such applicable requirements are included and arespecifically
b. The Department, in acting on the permit application or significant permit modification, determines in writing that other requirements specifically identified are not applicable to the source, and the permit includes the determination or a concise summary thereof: [I 

### 1-30-95] 2. A Part 70 permit that does not expressly state that a permit shield existsfor a specific provision shall be presumed not to provide such a shield for that provision. [11-30-95]

20NMAC 2.70 

### 26 I 1-14-98

### 3. Nothing in this section orin any Part 70 permit shall alter or affect the following:
a. The provisions ofsection 303 ofthe Federal Act- 

### Emergency Powers, including the authority ofthe Administrator under that section. orthe provisions ofthe New Mexico Air Quality Control Act, §74-2-10 NMSA 1978; b. The liability ofan owner or operator ofa sourcefor any violation of applicable requirements prior to or at thetime ofpermit issuance;
c. The applicable requirements ofthe acid rain program, consistent with section 408(a) ofthe Federal Act; or d. The ability ofUS EPA to obtain information from a source pursuant to section 114 ofthe Federal Act, orthe Department to obtain information subject to the New Mexico Air Quality Control Act, §74-2-13 NMSA 1978. [11-30-95] 4. The permit shield shall remain in effect ifthe permit terms and conditions are extended past the expiration date ofthe permit pursuant to Section 400.D ofthis Part. [11- 

### 30-95] 5. The permit shield shall extend toterms and conditions that allow emission increases and decreases as part ofemissions trading within a facility pursuant to Section 302.H.2 ofthis Part, and to all terms and conditions under each operating scenario included pursuant to Section 302.A.3 ofthis Part. [11-30-95] 6. The permit shield shall not extend to administrative amendments under Section 404.A ofthis Part, to minor permit modifications under Section 404.B ofthis Part, to section 502(b)(IO) changes under Section 302.H.I ofthis Part, orto permit terms or conditions for which notice has been given to reopen orrevoke all orpart under Section 405 ofthis Part. [11-30-95] 303. GENERAL PERMITS: A. 

### Issuance ofGeneral Permits. 

### I. The Department may, after notice and opportunity for public participation and US EPA and affected program review, issue ageneral permit covering numerous similar sources. Such sources shall be generally homogenous in terms ofoperations, processes and emissions, subject to the same or substantially similar requirements, and not subject to case-bycase standards orrequirements. [11-30-95]

20 NMAC 2.70 

### 27 11-14-982. Any general permit shall comply with all requirements applicableto other operating permits and shall identifY criteriabywhich sources may qualifY forthe generalpermit. [I I-30-95] 

### B. Authorization to Operate under a General Permit. I. Theowner or operator ofa Part 70 source which qualifies for a general permit must:
a. Apply to the Department for coverage underthetermsofthe general permit; or b. Apply for an operating permit consistent with Section 300ofthis Part. [I I-30-95] 2. The Department may, in thegeneral permit, provide for applications which deviate from the requirements ofSection 300.D, providedthat such applications meet the requirements ofthe Federal Act and include all information necessary to determinequalification for. and to assure compliance with, thegeneral permit. TheDepartment shall reviewthe application for authorization to operate under a general permit for completenesswithinthirty (30) days afterits receipt ofthe application. [I 1-30-95] 3. TheDepartment shall authorize qualifYing sourceswhich apply for coverage underthe general permit to operate undertheterms and conditions ofthegeneral permit. The Department shall take final action on a general permit authorization request within ninety (90) days ofdeeming the application complete. (I I-30-95] 4. TheDepartment may grant a request for authorization to operateunder a general permit without repeating the public participation procedures required under Section 40I ofthis Part. Such an authorization shall not be a permitting action for purposes ofadministrative review under New Mexico Air Quality Control Act §74-2-7.H NMSA 1978. Permitting action for the purposes of§74-2-7 NMSA 1978 shall be theissuance ofthegeneral permit. [II-30-95] 5. Authorization to operate under a general permit shall not be granted for acid rain sources unless otherwise provided in regulations promulgated under title IVofthe Federal Act. [11-30-95] 6. The permittee shall be subject to enforcement action for operation without an operating permit ifthe source is later determined not to qualifY for the conditions and terms of the general permit. [I I-30-95] 304. EMERGENCY PROVISION:

20NMAC 2.70 28 11-14-98A. 

### An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control ofthe permittee, including acts ofGod, which situation requires immediate corrective action to restore normal operation, and that causesthe source to exceed a technology-based emission limitation underthe permit due to unavoidable increases in emissions attributable tothe emergency. 

### An emergency shall not include noncompliance tothe extent caused by improperly designed equipment, lack ofpreventive maintenance, or careless or improper operation. [11-30-95] B. 

### An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations ifthe permitteehas demonstrated through properly signed, contemporaneous operatinglogs, orother relevant evidencethat: I. 

### An emergency occurred and that the permittee can identify the cause(s) of the emergency;2. The permitted facility was at the time being properly operated; 3. During the period ofthe emergency the permitteetook all reasonable steps to minimize levels ofemissions that exceeded the emission standards or otherrequirements in the permit; and 4. The permittee fulfilled notification requirements under Section 302.£.2this Part. This notice must contain a description ofthe emergency, any steps taken to mitigate emissions, and corrective actions taken. [I I-30-95] C. 

### In any enforcement proceeding, the permittee seeking to establish the occurrence ofan emergency has the burden ofproof (I 

### I-30-95] D. This provision is in addition to any emergency orupset provision contained in any applicable requirement, except that Part 70 sources shall not be subject tothe provisions ofPart 7 -**Exce~:~**

### EmissionsduringMalfunction, Startup, Shutdown, orScheduledMaintenance for permit terms and conditions issued under Part 70. [I I-30-95] 305- 399. 

### fRESERVEDJ [I 

### 1-30-95, 

### I 1-14-98]


### SUBPART IV- PERMITPROCESSING 400. 

### ACTION ON PERMITAPPLICATIONS: A. Apermit (including permit renewal) orpermit modification shall only be issued if all ofthe following conditions have been met:

20NMAC 2.70 

### 29 11-14-98

### I. The Department has received a complete application for a permit, permit modification, orpermit renewal, except that a complete application need not bereceived before issuance ofa general permit under Section 303 ofthis Part; 2. Except for administrative and minorpermit modifications, theDepartment has complied with the requirements for public participation procedures under Section40I 

### ofthis Part; 3. Except for administrative amendments, the Department has complied with the requirements for noti:f)ring and responding to affected programs under Section 402 ofthis Part; 4. The conditions ofthe permit provide for compliance with all applicable requirements and the requirements ofthis Part; and 5. The Administrator has received a copy ofthe proposed permit and any notices required under Section 402 ofthis Part, and has not objected to issuance ofthe permit within the timeperiod specified within that section. [11-30-95] 

### B. The Department shall, within sixty (60) days afterits receipt ofan applicationfor a permit or significant permit modification, review such application for completeness. Unless the Department determines that an application is not complete, requests additional information or otherwise notifies the applicant ofincompleteness within sixty (60) days ofreceipt ofan application, the application shall be deemed complete. When additional information is requested by the Department prior to ruling an application complete, receipt ofsuch information shall be processed as a new application for purposes ofthis section. Ifthe application isjudged complete, a certified letter to that effect shall be sent to the applicant. Ifthe application isjudgedincomplete a certified letter shall be sent to the applicant stating what additional information orpoints of clarification arenecessary tojudgethe application complete. 

### [I 1-30-95] C. 

### The Department shall takefinal action on each permit application (including a request for permit renewal) within eighteen (18) 

### months after an application is ruled completeby the Department, except that: I. 

### For sources in operation on 

### orbefore December 19, 1994 and which submit to the Department timely and complete applications in accordance with Section 300 ofthis Part, the Department shall takefinal action on one third ofsuch applications annually over a period not to exceed three (3) years after such effective date; 2. 

### Any complete permit application containing an early reduction demonstration under section 112(i)(5) ofthe Federal Act shall be acted on within nine (9) months ofdeeming the application complete; and

20NMAC 2.70 

### 30 11-14-98

### 3. The acid rain portion ofpermits for acid rain sources shall be acted upon in accordance with thedeadlines in title IV ofthe Federal Act and theregulations promulgated thereunder. 

### [I 1-30-95] D. Ifa timely and complete application for a permit renewal is submitted. consistent with Section 300 ofthis Part, but the Department has failed to issue ordisapprovethe renewal permit beforethe end ofthe term ofthe previous permit, then the permit shall not expire and all 

### the terms and conditions ofthe permit shall remain in effect until the renewal permit has been issued ordisapproved. [11-30-95] E. Permits being renewed are subject to the same procedural requirements, including thosefor public participation. affected program and US EPAreview, that apply to initial permit issuance. [11-30-95] F. The Department shall statewithin the draft permit the legal and factual basis for the draft permit conditions (including references to the applicable statutory orregulatory provisions). (11-30-95] G. The Department shall grant or disapprove the permit based on information contained in the Department's administrative record. The administrative record shall consist of the application, any additional information submitted by the applicant, any evidence or written comments submitted by interested persons, any otherevidence considered by the Department, and, ifa public hearing is held, the evidence submitted atthe hearing. (11-30-95] H. 

### Ifthe Department grants or disapproves a permit orpermit modification, the Department shall notify the applicant by certified mail ofthe action taken and the reasons therefor. Ifthe Department grants a permit ormodification, the Department shall mail thepermit or modification, including all terms and conditions, to the applicant by certified mail. (11-30-95] I. 

### Voluntary Discontinuation. Upon request bythe permittee, the Department shall permanently discontinue a Part 70 permit. Permit discontinuance terminates the permittee's right to operate the sourceunder the permit. The Department shall confirm the permit discontinuance by certified letterto the permittee. [11-30-95] J 

### No permit shall be issued by failure ofthe Department to act on an application or renewal. [11-30-95] 401. PUBLIC PARTICIPATION: A. 

### Proceedings for all permit issuances (including renewals), significant permit modifications, reopenings, revocations and terminations, and all modifications to the Department's list ofinsignificant activities, shall include public notice and provide an opportunityfor public comment. TheDepartment shall provide thirty (30) days for public and affected program
20 NMAC2.70 

### 31 11-14-98

### comment. The Department may hold a public hearing on the draft permit, a proposal to suspend, reopen, revoke orterminate apermit, orfor any reason it deems appropriate, and shall hold such a hearing in theevent ofsignificant public interest. The Department shall give notice ofany public hearing at least thirty (30) days in advance ofthe hearing. [11-30-95] B. Public notice and notice ofpublic hearing shall be given by publication in a newspaper ofgeneral circulation in the area where the source is located orin a state publication designed to give general public notice, to persons on a mailing list developed by the Department, including those who request in writing to be on the list, and by othermeans ifnecessary to assure adequate notice to the affected public. [11-30-95] C. 

### The public notice shall identifY: I . The affected facility; 2. Thenames and addresses ofthe applicant orpermittee and its owners; 3. The name and address ofthe Department; 4. The activity oractivities involved in the permit action; 5. The emissions change(s) involved in any permit modification; 6. The name, address and telephone number ofaperson from whom interested persons may obtain additional information, including copies ofthe permit draft, the application, and relevant supporting materials; 7. A briefdescription ofthe comment procedures required by the Department; and 8. As appropriate, a statement ofprocedures to request ahearing, orthe time and place ofany scheduled hearing. [11-30-95] D. Notice ofpublic hearing shall identifY: I . The affected facility; 2. The names and addresses ofthe applicant orpermittee and its owners; 3. The name and address ofthe Department; 4. The activity oractivities involved in the permit action;

20NMAC 2.70 32 Il-14-98

### 5. The name, address and telephone number ofa person from whom interested persons may obtain additional information; 6. Abriefdescription ofhearing procedures; and 7. The time and place ofthe scheduled hearing. [II-30-95] E. Public hearings shall be held in thegeographic area likely tobe impacted bythe source. Thetime, date, and place ofthe hearing shall be determined by the Department. The Department shall appoint a hearing officer. A transcript ofthe hearing shall be made at the request ofeither the Department orthe applicant and at the expense ofthe person requesting the transcript. At the hearing, all interested persons shall be given a reasonable chance to submit data, views or arguments orally orin writing and to examine witnesses testifying at the hearing. [11- 

### 30-95] F. The Department shall keep a record ofthe commenters and also ofthe issues raised duringthe public participation process sothatthe Administratormay fulfill his orher obligation under section 505(b)(2) ofthe Federal Act to determine whether a citizen petition may be granted. Such records shall be available to the public upon request. 

### [I 1-30-95] G. The Department shall provide such notice and opportunityfor participation by 

### affected programs as is provided for by Section 402 ofthis Part. [11-30-95] 402. REVIEW BY THE ADMINISTRATORAND AFFECTED PROGRAMS: 

### A. Notification. 

### The Department shall not issue an operatingpermit (including permit renewal orreissuance), minor permit modification or significant permit modification, until affected programs and the Administrator have had an opportunity to review the proposed permit as required underthis section. Permits for source categories waived by the Administratorfrom this requirement and any permit terms or conditions which arenot required under the Federal Act orunder any ofits requirements arenot subject to Administrator review or approval. 

### [I I-30-95] I. 

### Within five (5) days ofnotification by the Department that the application has been determined complete, the applicant shall provide a copy ofthe complete permit application (including the compliance plan and all additional materials submitted tothe Department) directly to the Administrator. The permit or permit modification shall not be issued without certification to the Department ofsuch notification The Department shall provide to the Administrator a copy ofeach draft permit, each proposed permit, each final operating permit, and any other relevant information requested by the Administrator. [I 

### 1-30-95] 2. The Department shall provide notice ofeach draft permit toany affected program on orbefore the time that the Department provides this notice to the public under

20NMAC 2.70 33 11-14-98Section 40I ofthis Part, except to the extentthat minorpermit modification procedures require the timing ofthe notice to be different. [11-30-95] 3. The Department shall keep for five (5) years such records and submit tothe Administrator such information asthe Administrator may reasonably require to ascertain whether the state program complies with therequirements oftheFederal Act orrelated applicable requirements. [11-30-95] B. Responses to Objections. I. No permit for which an application must betransmitted to the Administrator under this Part shall be issued by the Department ifthe Administrator, after determining that issuance ofthe proposed permit would not bein compliance with applicable requirements, objects to such issuance in writing within forty-five (45) days ofreceipt ofthe proposed permit and all necessary supportinginformation. [11-30-95] 2. Ifthe Administrator does not object in writing underparagraph B.I above, any person may, within sixty (60)days aftertheexpiration ofthe Administrator's 45-dayreview period, petition the Administratorto make such objection. Any such petition shall bebased only on objections to the permit that were raised with reasonable specificity duringthe public comment period provided for in Section40I ofthis Part, unless the petitionerdemonstratesthat it was impracticable to raise such objections within such period, orunlessthegrounds for such objection arose after such period. Ifthe Administrator objects to the permit as a result ofa petition filed underthis paragraph, the Department shall not issue thepermit until the Administrator's objection has been resolved, except that a petition for review doesnot staytheeffectiveness ofa permit or its requirements ifthe permit wasissued afterthe end ofthe 45-day review period and prior tothe Administrator's objection. [11-30-95] 3 . The Department, as part ofthe submittal ofthe proposed permit tothe Administrator (or as soon as possible after the submittal for minor permit modification procedures allowed under Section 404.B ofthis Part), shall notify the Administrator and any affected program in writing ofany refusal bythe Department to accept all recommendations for the proposed permit that the affected program submitted during the public oraffected program review period. The notice shall include the Department's reasons for not accepting any such recommendation. The Department is not required to accept recommendationsthat are not based on federally enforceable applicable requirements. [11-30-95] 403. PETITIONS FOR 

### REVIEW OF FINALACTION: A. Hearing Before the Board. I
. Any person who participated in a permitting action beforethe Department and who is adversely affected by such permitting action may file a petition for hearing beforethe
20NMAC2.70 34 11-14-98

### Board. For the purposes ofthis section, permitting action shall include thefailure ofthe Department to take final action on an application for a permit (including renewal) orpermit modification within the time specified in this Part. 2. The petition shall be made in writing to the Board within thirty (30) days from the date notice is given ofthe Department's action and shall specifY the portions ofthepermitting action to which the petitioner objects, certifY that a copy ofthe petition has been mailed orhanddelivered as required by this paragraph, and attach a copy ofthe permitting action for which review is sought. Unless a timely request for hearing is made, thedecision oftheDepartment shall be final. The petition shall be copied simultaneously to the Department uponreceipt ofthe appeal notice. Ifthe petitioner is not the applicant orpermittee, the petitioner shall mail orhanddeliver a copy ofthe petition to the applicant orpermittee. The Department shall certifY the administrative record to the Board. [11-30-95] 3. Ifa timely request for hearing is made, the Board shall hold a hearing within ninety (90) days ofreceipt ofthe petition in accordance with New Mexico Air Quality Control Act §74-2-7 NMSA I978. [I I-30-95] B. Judicial Review. 

### I
. Any person who is adversely affected by an administrative action taken by the Board pursuant to Section 403
..A may appeal tothe Court ofAppeals in accordance with New Mexico Air Quality Control Act §74-2-9 NMSA I978. Petitions forjudicial review must be filed no laterthan thirty (30) days after the administrative action. [II-30-95] 2. Thejudicial review provided for by Section403 shall be the exclusive means for obtainingjudicial review ofthe terms and conditions ofthe permit. [11-30-95] 404. PERMITMODIFICATIONS: A. Administrative Permit Amendments. 

### I. An administrative permit amendment is onethat
a. Corrects typographical errors; b. Provides for a minor administrative change at the source, such as a change in the address orphone number ofany person identified in the permit;
c. Incorporates a change in thepermit solely involving the retiring of an emissions unit;

20NMAC 2.70 

### 35 11-14-98

### d. Requires more frequent monitoring orreportingby the permittee; or
e. Any othertype ofchange which has been determined by the Department and the Administrator to be similar tothose in this paragraph. [11-30-95] 2. Changes in ownership oroperational control ofa source may be made as administrative amendments provided that:
a. A written agreement, containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee, has been submitted to the Department, and eitherthe Department has determined that no otherchange in the permit is necessary, or changes deemed necessary by the Department have been made; b. The new ownershave submitted the application information required in Section 300.D.2 ofthis Part;
c. No grounds exist for permit termination, as set out in Section 405.A.3. band c ofthis Part; and d. The permitteehas published a public notice ofthe change in ownership ofthe source in a newspaper ofgeneral circulation in the area where the source is located. [11-30-95] 3. TheDepartment may incorporate administrative permit amendments without providing notice to the public oraffected programs, provided that it designates any such permit modifications as administrative permit amendments and submits a copy oftherevised permit to the Administrator. [I 

### 1-30-95] 4. The Department shall take no more than sixty (60) days from receipt ofa request for an administrative permit amendment to take final action on such request. The permittee may implement the changes outlined in a through d ofsubsection A. I above immediately upon submittal ofthe request for the administrative amendment. The permittee may implement the changes outlined in subsection A. I.e orA.2 above upon approval ofthe administrative amendment by the Department. [11-30-95] B. Minor Permit Modifications. 

### I. Minor permit modification proceduresmay be used only for those permit modifications that:
a. Do not violate any applicable requirement;

20NMAC2.70 

### 36 11-14-98

### b. Do not involve relaxation ofexisting monitoring, reporting, or recordkeeping requirements in the permit;
c. Do not require or change a case-by-case determination ofan emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts, or a visibility orincrement analysis; d. Do not seek to establish or change a permit term orcondition for which there is no corresponding underlying applicable requirement and that the permitteehas assumed to avoid an applicable requirement to which the source would otherwisebe subject. Such terms and conditions include any federally enforceable emissions cap assumed to avoid classification as a title I 

### modification and any alternative emissions limit approved pursuant to regulations promulgated under section 112(i)(5) ofthe Federal Act;
e. Are not title I 

### modifications; and 

### f. Arenot required by the Departmenttobeprocessed as a significant modification pursuant to Section 404.C ofthis Part. 

### [I 1-30-95] 2. A permittee shall not submit multiple minor permit modification applications that may conceal a larger modification that would notbeeligible for minor permit modification procedures. The Department may, at its discretion, require that multiple related minor permit modification applications be submitted as a significant permit modification. [11-30- 95] 3. An 

### application requesting the use ofminor permit modification procedures shall meet the requirements ofSection 300.C and Section 300.D ofthis Part and shall include:
a. A description ofthe change, the emissions resultingfrom the change, and any new applicable requirements that will apply ifthe change occurs; b. · The applicant's suggested draft permit;
c. Certification by a responsible official, consistent with Section 300.E ofthis Part, that the proposed modification meets the criteria for use ofminor permit modification procedures and a request that such procedures be used; and d. Ifthe requested permit modification would affect existing compliance plans orschedules, related progressreports, or certification ofcompliance requirements, an outline ofsuch effects. [11-30-95] 4. The Department shall, within thirty (30) days after its recdpt ofan application for a minor permit modification, review such application for completeness. Unless the

20 NMAC2.70 37 11-14-98

### Department determines that an application is not complete, requests additional information or otherwise notifies the applicant ofincompleteness within thirty (30) days ofreceipt ofan application, the application shall be deemed complete. Ifthe application isjudged complete, a certified letter to that effect shall be sent tothe applicant. Ifthe application isjudged incompletea certified letter shall be sent to the applicant stating what additional information orpoints of clarification are necessary tojudgethe application complete. [JJ-30-95] 5. Within five (5) working days ofnotification by the Department that the minor permit modification application has been determined complete, the applicant shall meet its obligation under Section402.A ofthis Part to notifY the Administrator oftherequested permit modification. The Department promptly shall send any notice required under Sections402.A.2 and 402.8 ofthisPart to the Administrator and affected programs. [11-30-95] 6. The permittee may make the change proposed in its minor permit modification application immediately after such application is deemed complete. After the permittee makes the change allowed by thepreceding sentence, and until the Department takes any ofthe actions specified in paragraph 

### 8.7 below, the permittee must complywith both the applicable requirements governing thechange and theproposed permit terms and conditions. During this time period, the permitteeneed not comply with the existing permit terms and conditions it seeks to modizy. Ifthe permitteefails to comply with itsproposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to modify may beenforced against it. [11-30-95] 7. 

### The Department may not issue a final minor permit modification until after the Administrator's 45-day review period ofthe proposed permit modification oruntil US EPA has notified the Department thatthe Administrator will not object to issuance ofthepermit modification, although the Department may approve the permit modification priortothattime. Within ninety (90) days ofrulingthe application completeunder minor permit modification procedures orwithin fifteen (IS)

### days afterthe end ofthe Administrator's 45-dayreview period, whichever is later, the Department shall:
a. Issue the permit modification as it was proposed; b. Disapprovethepermit modification application;
c. Determine that the requested modification does not meet the minor permit modification criteria and should be reviewed underthe significant modification procedures; or d. Revise the draft permit modification and transmit to the Administrator the new proposed permit modification as required by Section 402.A ofthis Part. [11-30-95]

20NMAC 2.70 38 11-14-98C. 

### Significant Permit Modifications. I. A significant permit modification is:
a. Any revision to an operating permitthat does not meet the criteria underthe provisions for administrative permit amendments under Section 404.Aorfor minor permit modifications under Section 404.B above; b. Any modification that would result in any relaxation in existing monitoring, reporting orrecordkeeping permit terms orconditions;
c. Any modification for which action on the application would, in the judgement ofthe Department, require decisions tobe made on significant orcomplex issues; and d. Changes in ownership which do notmeet the criteria ofSection 404A2 ofthis Part. [11-30-95) 2. For significant modifications which arenot required to undergo preconstruction permit review and approval, changes tothe sourcewhich qualify as significant permit modifications shall not bemade until the Department has issued the operating permit modification. [11-30-95) 3. For significant modifications which have undergone preconstruction permit review and approval, the permittee shall:
a. Beforecommencing operation, notify the Department in writing of any applicable requirements and operatingpermit terms and conditionscontravenedby the modification, emissions units affected by the change, and allowable emissions increases resulting from the modification; and b. Within twelve ( 12) months after commencing operation, file a complete operating permit modification application. [11-30-95) 4. Where an existing operatingpermit would specifically prohibit such change, the permittee must obtain an operating permit modification before commencing operation orimplementing the change. [11-30-95) 5. Significant permit modifications shall meet all requirements ofthis Part for permit issuance, including those for applications, public participation, review by affected programsand review bythe Administrator. [11-30-95)

20 NMAC 2.70 39 11-14-98

### 6. The Department shall completereview on the majority ofsignificant permit modification applications within nine (9) months after the Department rules the applications complete. [11-30-95] D. Modifications to Acid Rain Sources. Administrative permit amendments and permit modifications for purposes ofthe acid rain portion ofthe permit shall be governed by regulations promulgated by the Administrator under title 

### IV ofthe Federal Act. [11-30-95] 405. 

### PERMIT REOPENING, REVOCATION ORTERMINATION: A. Action by 

### the Department. I. Each permit shall include provisions specifYing the conditionsunderwhich the permit will be reopened prior to the expiration ofthe permit. A permit shall be reopened and revised for any ofthe following, and may berevoked and reissued for c or d ofthe following:
a. Additional applicable requirements under the Federal Act become applicable to a major source with a remaining permit term ofthree (3) ormore years. Such a reopening shall be completed not later than eighteen (18) months after promulgation ofthe applicable requirement. No such reopening is required ifthe effective date ofthe requirement is later than the date on which the permit is dueto expire, unless the original permit orany ofits terms or conditions have been extended past the expiration date ofthe permit pursuant to Section 400.0 ofthis Part; b. Additional requirements (including excess emissions requirements) become applicable to a source under the acid rain program promulgated under title 

### IV ofthe Federal Act. Upon approval by the Administrator, excess emissions offset plans shall be deemed tobe incorporated into the permit;
c. The Department orthe Administrator determinesthat the permit contains a material mistake orthat inaccurate statements were made in establishing the terms or conditions ofthe permit; or d. The Department orthe Administrator determines that the permit must be revised orrevoked and reissued to assure compliance with the applicable requirements. [11-30-95] 2. Proceedings to reopen and revise, or revoke and reissue, a permit shall affect only those parts ofthe permit for which cause to reopen orrevoke exists. Units for which permit conditions have been revoked shall not be operated until permit reissuance. Reopenings shall be made as expeditiously as practicable. [11-30-95]

20NMAC 2.70 

### 40 11-14-98

### 3. A permit, or an authorization to operate under a general permit, may be terminated when:
a. The permittee fails to meet the requirements ofan approved compliance plan; b. The permittee has been in significant or repetitious non-compliance with the operating permit terms or conditions;
c. The applicant orpermittee has exhibited a history ofwillful disregard for environmental laws ofany state or Tribal authority, or ofthe United States; d. Theapplicant orpermittee has knowingly misrepresented 

### amaterial fact in any application, record, report, plan, or other document filed orrequired tobe maintained under the permit;
e. Thepermitteefalsifies, tampers with orrenders inaccurateany monitoring device ormethod required tobemaintained under the permit; f. Thepermitteefails to pay fees required under the fee schedule in Part 71 

### -OperatingPermitEmissionFees; or g. TheAdministrator has found that cause exists to terminatethe permit. [11-30-95] 4. The Department shall, by certified mail, provide a notice ofintent to the permittee at least thirty (30) days in advance ofthe date on which a permit is to be reopened or revoked, or terminated, except that the Department may provide

### a shortertime period in the case ofan emergency. The notice shall statethat the permittee may, within 30 (thirty) days ofreceipt, submit comments orrequest a hearing on the proposed permit action. [11-30-95] B. 

### Action by 

### the Administrator. Within ninety (90) days, orlonger ifthe Administrator extends this period, after receipt ofwritten notification that the Administrator has found that cause exists to terminate, modiry orrevoke and reissue a permit, the Department shall forward tothe Administrator a proposed determination oftermination, modification, or revocation and reissuance, as appropriate. Within ninety (90) days from receipt ofan Administrator objection to aproposed determination, the Department shall address and act upon theAdministrator's objection. [11-30-95] C. ComplianceOrders. Notwithstandingany action which may betaken by the Department orthe Administrator under Section 405.A and Section 405.8 ofthis Part, a compliance order issued pursuant to New Mexico Air Quality Control Act §74-2-12 NMSA 1978 may include a suspension orrevocation ofany permit orportion thereof. [I 

### 1-30-95]
20 NMAC 2.70 

### 41 11-14-98

### 406. CITIZEN SUITS: Pursuant to section 304 oftheFederal Act, 42 USC 7604, 

### any person may commence certain civil actions underthe Federal Act. [11-30-95) 407. VARIANCES: Pursuant to New Mexico Air Quality Control Act §74-2-8 NMSA 1978. applicants and permittees may seek a variance from the non-federally enforceable provisions of this Part. [11-30-95] 408. ENFORCEMENT: Notwithstanding any other provision in the NewMexico State Implementation Plan approved by the Administrator. any credible evidence may beused for the purpose ofestablishing whether a person has violated oris in violation ofthe terms orconditions ofa permit issued pursuant to this Part. [11-30-95] A. 

### Information from the use ofthe following methods is presumptively credible evidence ofwhether a violation has occurred at the source: I. A monitoring or information gathering method approved for the source pursuant to this Part and incorporated in an operating permit; or 2. 

### Compliance methods specified in the New Mexico State Implementation Plan. 

### [I 1-30-95] B. 

### The following testing. monitoring orinformation gathering methods are presumptively credible testing, monitoring or information gathering methods: I. 

### Any federally enforceable monitoring ortesting methods. including thosein 40 CFR parts 51. 60. 61 and 75; and 2. 

### Othertesting, monitoring orinformation gathering methods that produce information comparable tothat produced by any method under Sections 408.A or408.8.1 ofthis Part. [11-30-95) 409- 499. (RESERVED(
SUBPARTV- RESERVED (RADIONUCLIDES) 500- 599. (RESERVED)

20NMAC 2.70 

### 42 11-14-98ATTACHMENT C CORRECTIONSTO 20 NMAC 2.72
Incorrecttextto bedeleted is shownin strikeouttext (deletedtext); correctedtextto beinserted is shown with double underline (inserted

### text). AQCR702.1I.K (priorto reformatting) K. Permit Conditions I. Thecontents ofthe application specificallyidentifiedbythe division shall become terms and conditions ofthepermitorpermitrevision. 2. Thedivision shall, as appropriate, specifyconditions upona permit, including:
a placementofindividualemission limits determined on a case-by-casebasis onthe sourcefor whichthe permitis issued, butsuchindividual emission limits shall beonly as restrictive as the more stringentofthefollowing: (i) the extentnecessaryto meetthe requirements ofthe Air Quality Control Act and the federal CleanAirAct; or (ii) the emission rate specified in the permit application; b. a requirementthat suchsourceinstall and operate control technology, determinedon a case-by-casebasis, sufficientto meetthe.requirements oftheAir Quality Control Act andthefederal Clean Air Act and regulations promulgatedundereither;
c. compliance with applicableNSPS andNESHAP; d. impositionofreasonablerestrictions and limitations otherthan restrictions and limitations relatingto emissionlimits oremissionrates; or
e. any combination ofthe above. Inthe caseofa modification, therequirements ofthis section apply only tothe facility orfacilities involvedin such modification. 3. Thedivision mayimpose suchotherreasonable conditions upon a permit, including a scheduleofconstruction, a conditionrequiringtimely revision ofpermittermsorconditions in orderto meetnewrequirements, ifany, under any federally required and approved StateImplementationPlan revision, and conditions requiringthe sourceto beprovidedwith orto undertake: ·
a. samplingports ofa size, number andlocation asthe division may require;
ATIACHMENTC Page C-1 20 NMAC 2.72 Proposed Correctionsb. safe access to each port;
c. instrumentation to monitor and record emission data including continuous emission monitoring, ifappropriate; d. any otherreasonable sampling, testing and ambient monitoring and meteorological facilities andprotocols; and
e. periodictestingpursuantto PartTwo, Section N. 4. Anyterm orcondition imposed bythe division on apermitorpermitrevision 

### is enforceable to the same extent as a regulation ofthe board. 5. Thedivision will as a condition ofeach permitrequire the permitteeto establish and maintain suchrecords ofthe nature and amountofemissions and to make suchperiodicreportsto the division regardingthenature and amounts ofemissions and theperformance ofairpollutioncontrol equipment, as arenecessaryto carry outthepurpose ofthe Air Quality Control Act.

ATIACHMENTC Page C-2 20 NMAC 2.72 Proposed Corrections20NMAC 2.72.210 (formerly AQCR 702JI.K) 210. PERMITCONDITIONS: 

### A. The contents ofthe application specifically identified bytheDepartmentshall become terms and conditions ofthe permitor permit revision. [11-30-95] B. TheDepartmentshall, as appropriate, specify conditions upon a permit, including: I. Placementofindividual emissionlimits determined on a case-by-casebasis onthe sourcefor whichthepermit is issued, but suchindividual emission limits shall beonly as restrictive as the more stringent ofthe following:
a. The extentnecessaryto meetthe requirements ofthe Air Quality Control ActandtheFederal Act; or b. The emission rate specifiedinthe permit application; 2. A requirementthat such sourceinstall and operate control technology, determinedon a case-by-casebasis, sufficienttomeettherequirements oftheAir QualityControl Act andtheFederal Act and regulations promulgated under either; 3. Compliance with applicable NSPS and NESHAP; 4. Impositionofreasonablerestrictions and limitations otherthanrestrictions and limitations relatingto emission limits oremission rates; or 5. Any combination ofthe above; 

### ,Ill 3() 93] 

### G.. 6 Inthe caseofa modification, the requirements ofthis S§ection (210 B) apply onlytothe facility orfacilities involved in such modification. [11-30-95] 

### I>!:;. TheDepartment may impose suchotherreasonable conditions upon apermit, including a scheduleofconstruction, a conditionrequiring timely revision ofpermitterms orconditions in orderto meetnewrequirements, ifany, under any federally required and approved State ImplementationPlan revision, and conditions requiring the sourceto beprovidedwith orto undertake: 1. Samplingports ofa size, number andlocation as theDepartmentmay reqwre; 2. Safe access toeachport; 3. Instrumentationto monitor andrecord emission dataincluding continuous emission monitoring, ifappropriate; 4. Anyother reasonable sampling, testing and ambientmonitoring and meteorological facilities and protocols; and
AITACHMENT C Page C-3 20 NMAC 2.72 Proposed Corrections5. Periodic testing pursuantto Section 213. [11-30-95] EQ. Any term or condition imposed by the Department on a permit orpermit revision is enforceable to the same extent as a regulation oftheboard. [11-30-95] Ff;. TheDepartment will as a condition ofeachpermit require thepermittee to establish and maintain suchrecords ofthenature and amount ofemissions and to make suchperiodic reports to theDepartmentregardingthenature and amounts ofemissions and theperformanceofairpollution control equipment, as are necessarytocarryoutthepurposeofthe Air Quality Control Act. [II-30- 95]

ATTACHMENT C Page C-4 20 NMAC 2.72 Proposed CorrectionsAQCR 702.IVA5 (priorto reformatting) 5. "Potential to emit" or "potential emissions" means the maximum capacity ofa stationary source to emit a regulated air contaminant under its physical and operational design. Any physical or operational limitation on the capacity ofthe sourceto emit a regulated air contaminant, including air pollution control equipmentand restrictions onhours ofoperation oron thetype or amount ofmaterial com busted, stored, orprocessed, shall betreated as partofits design ifthe limitations orthe effectit wouldhave on emissions is federally enforceable. Secondary emissions do not countin determining thepotential to emitofa stationary source.
20 NMAC 2.72.300.E (formerlyAQCR702.IV.A.5) E. "Potential to emit" or "potential emissions" means themaximum capacityofa stationary sourceto emit a regulated aircontaminant underits physical and operational design. Any physical oroperational limitation on the capacityofthe sourceto emit a regulated air contaminant, including airpollution control equipment and restrictions onhours ofoperationoronthetypeor amountofmaterial combusted, stored, orprocessed, shall betreated as

### l!m:1 ofits design ifthe limitations orthe effectit wouldhave onemissions is federally enforceable. Secondary emissions do notcount in determiningthepotential to emitofa stationary source. [11-30-95]

ATTACHMENT C Page C-5 20 NMAC 2.72 Proposed CorrectionsAQCR 702.1ll.F (priorto reformatting) F. Permit Decisions In making its decisions, the division shall consider emissions aftercontrol. I. Ambient concentration not exceeding one-onehundredth ofthe OELorthe minimum detection level for compounds without an OEL. Ifthe division finds thatthe eight-hour average concentrationofthetoxic air pollutantin the ambient airdoes not exceed one-onehundredth ofthe OEL, orfor compounds without an OEL, the minimum detection levels as shown in Appendix A, the division shall grantthe permit. The administrative screening level ofone-onehundredth the OEL and the OEL shall notbe a basis for denying a permitand shall not constitute an ambient air quality standard. 2. Ambient concentration exceeding one-onehundredth ofthe OELorthe minimum detection level for compoundswithout an OELfor substances identified as known or suspected human carcinogens in Appendix A. Ifthetoxic air pollutantbeing consideredis identified as a known or suspected carcinogen in AppendixA, Table A-2, and the division finds the eight-hourconcentration of thetoxic airpollutantin the ambient air exceeds one-onehundredth ofthe OEL, orfor compounds without an OEL,the minimum detection level, the division shall grantthe permitifthe applicant implements thebest available control technologyto control that pollutant. 3. Ambientconcentration exceeding one-onehundredth ofthe OELfor substances notidentified as carcinogens in Appendix A.
a Ifthe applicanthas been required to prepare a health assessment underPart Ill, Section0.2,thedivision shall prepare a SummaryReview Statement (SRS)which indicates the division's opinion ofthe adequacy ofthe applicant's health assessment. TheSRS will include a summaryrecommendationon whetherthe issuance ofa permitwill orwill notwith reasonableprobability injure humanhealth. b. Ifthe applicant does not agree with therecommendation contained in the SRS, the applicant's assessmentandthe SRS will be providedtothe AirToxics ScientificAdvisory Committee (ATSAC). TheATSAC will becomposed offive members appointedbythe director. Theywill includephysicians, toxicologists, industrialhygienists, orothers knowledgeableofthe potential health and environmental effects ofair pollution. Thecommitteewillinclude atleastone membernominated bythe applicant. TheATSAC will reviewthe applicant's assessmentand the SRS in apublic meeting. TheATSAC shall provide a letterto the director stating: (I)whetherthe submitted documents provide a scientifically adequatebasisto determine whethertheproposed source will with reasonableprobabilityinjurehumanhealth and (2), ifthe documents do providean adequate basis, whetherthe proposedsourcewill with reasonableprobability injure humanhealth. If the documents are scientificallyinadequate, theATSAC shall return them tothe division andindicatetheir inadequacies.

ATTACHMENT C PageC-6 20 NMAC 2.72 Proposed Correctionsc. The division will make afinal decision on the issuance ofthe permit after consideration ofthe following factors: (i) the nature ofthe toxic air pollutant and the size, susceptibility, and proximity ofthe human population; (ii) thepathways ofhuman exposure (e.g., ingestion, inhalation, skin absorption); (iii) the shortterm and longtermhealth effects associated with the toxic air pollutant atlevels ofexposurecommensuratewith the anticipated exposure level; (iv) existing epidemiological data on health effects associated with the anticipated levels ofexposure; (v) the characterofthe land use ofthepredicted areaofimpact (e.g., residential, industrial, and recreational). (vi) the scientific adequacy ofthehealth and environmental assessment submittedbythe applicant andtherecommendation ofthe ATSAC. Thedivision shall not rely on the OELoronthe administrative screeninglevel ofone-onehundredththeOEL, anditshallnot beboundbypriorpermit decisions when consideringpending applications. d. The division shall deny any application for apermit evaluated under Part ill, SectionF.3 ifthe source

### will emit atoxic airpollutantin such quantities andduration as may with reasonable probabilityinjurehumanhealth. 4. The division shall document, in tile administrativerecord, all processes, facts, and reasoning relied onin makingthepermitdecision, including citations to therelevanttechnical data, publications, and expertopinions considered. (i) Thefinal deliberations ofthe ATSAC shall beopen tothe public. Exceptfor requests bymembers ofthe ATSAC for inputfrom the applicant ordivision, no othercomments from the applicant, division, oraudienceshall be allowed during final deliberations. (ii) Priorto afinal decision, the ATSAC members may communicate amongthemselves 

### inorderto facilitate the evaluationprocess. However, all ATSAC members shall beapprisedofsuch communications. (iii) Priortoafinal decision, the ATSAC members may also communicate with the division andapplicantin orderto clarifyinformation orsecure additional information concerningthe applicant'shealth assessmentorthedivision's SRS. The division, applicant, and all ATSAC members shall beapprised ofsuch communication.

ATTACHMENT C 20 NMAC 2.72 Proposed Corrections Page C-7

### 20 NMAC 2.72.405 (formerly AQCR 702.ill.F) 405. PERMITDECISIONS: In

### making its decisions, the Department shall consider emissions after control. [ll-30-95) A. 

### Ambient concentrations notexceeding one-onehundredth ofthe OEL orthe minimum detection level for compounds without an OEL: If

### theDepartmentfinds thatthe eight-hour average concentration ofthe toxic air pollutantin the ambient air does notexceed one-onehundredth ofthe OEL, orfor compounds without an OEL, the minimum detection levels as shown in Section 502, the Department shall grantthe permit. The administrative screening level ofone-one hundredth the OEL and the OEL shall notbe abasis for denying apermit and shall notconstitute an ambient airquality standard. [ll-30-95) B. Ambientconcentrations exceeding one-onehundredth ofthe OEL orthe minimum detection level for compounds without an OELfor substances identified as known or suspectedhuman carcinogens in Section 502: If

### the toxic airpollutantbeing considered is identifiedas a known or suspected carcinogenin Section 502, Table B, andtheDepartmentfinds the eight-hour concentrationofthetoxic air

### pollutantin the ambient air exceeds one-onehundredth ofthe OEL, or for compounds without an OEL, the minimum detection level, theDepartment shall grantthe permit if

### the applicantimplements thebestavailable control technology to

### control thatpollutant. [ll-30-95) C. 

### Ambientconcentrations exceeding one-one hundredth ofthe OELfor substances not identified as carcinogens in Section 502: I. If

### the applicanthas been required to prepare ahealth assessmentunder Section 403.B, theDepartmentshallprepare a SununaryReview Statement(SRS) whichindicates the Department's opinion ofthe adequacy ofthe applicant's health assessment. The SRS 

### will include a sununazyrecommendation on whetherthe issuance ofapermit will orwill notwithreasonable probability injure humanhealth. 2. If

### the applicantdoes not agree with the recommendation containedinthe SRS, the applicant's assessment and the SRS will 

### beprovidedto the AirToxics Scientific AdvisorY Committee (ATSAC). The ATSAC will 

### be composed offive members appointed by

### the Secretary. They 

### will includephysicians, toxicologists, industrialhygienists, orothersknowledgeable of

### the potentialhealth and environmental effects ofairpollution. The committee will include at

### leastone membernominatedbythe applicant. The ATSAC will reviewthe applicant's assessmentandthe SRS in apublicmeeting. The ATSAC shallprovide aletterto the Secretary stating: (I)whether

### the submitted documents provide ascientifically adequatebasisto determine whethertheproposed 

### source will with reasonable probability injure human health and (2), if

### the documents doprovideanadequate basis, whetherthe proposed source will withreasonable probability injurehumanhealth If the 

### documents are scientifically inadequate, the ATSAC shall return themto theDepartmentandindicate their inadequacies.

ATIACHMENTC Page C-8 20 NMAC 2.72 Proposed Corrections3. The Department will make afinal decision on the issuance ofthe permit after consideration ofthe following factors:
a. The nature ofthe toxic air pollutant and the size, susceptibility, and proximityofthe human population; b. The pathways ofhuman exposure (e.g., ingestion, inhafation, skin absorption);
c. The shortterm and long termhealth effects associated with the toxic airpollutant at levels ofexposure commensurate with the anticipated exposurelevel; d. Existing epidemiological dataon health effects associated with the anticipated levels ofexposure;
e. The character ofthe land use ofthe predictedareaofimpact (e.g., residential, industrial, and recreational); and f. The scientific adequacy ofthehealth and environmental assessment submittedbythe applicant andtherecommendation ofthe ATSAC. TheDepartmentshall notrely on the OELoronthe administrative screeninglevel ofone-onehundredth the 

### OEL, and it shall notbe bound bypriorpermitdecisions when consideringpending applications. 4. TheDepartmentshall deny any application for apermitevaluated under Section 405.C ifthe source will emit a toxic air pollutantin such quantities and duration as may with reasonableprobability injurehuman health. D TheDepartment shall document, in the administrativerecord, all processes, facts, andreasoning relied onin making thepermit decision, including citations totherelevanttechnical data, publications, and expertopinions considered. I The final deliberations ofthe ATSAC shallbeopento the public. Exceptfor requests by members ofthe ATSAC for inputfromthe applicant orDepartment, no other comments from the applicant, Department, or audience shall be allowed duringfinal deliberations. 2 b. Priorto afinal decision, theATSAC membersmaycommunicate amongthemselves in ordertofacilitate the evaluationprocess. However, all ATSAC members shallbe apprised ofsuch communications. 3 Priorto a final decision, the ATSAC members may also communicate with theDepartment and applicantin orderto clarifY information orsecure additional information concerningthe applicant's health assessmentorthe Department's SRS. TheDepartment, applicant, and all ATSAC members shall beapprised ofsuch communication. [11-30-95]

AITACHMENTC Page C-9 20 NMAC 2.72 Proposed CorrectionsTable C

- Stack Height Release Correction Factor Sources may chooseto use a correction factor for the release height ofemissions for the purpose ofdetermining whether a permit is necessary for the emission ofa toxic air pollutant_ To apply the correction go to thetable below and find the minimum height ofrelease for thetoxic air pollutant and select the correctionfactor (CF) which corresponds to that figure. Ifthe height of release is betweentwovalues, thelower number shall be selected; or in the event ofmultiple releases ofthe same substancefrom different release heights, the source may chooseto use a weighted average CF, weightedbythe emission rate at each. The emissions in poundsper hour is then multiplied by the CF (see below). Ifthe emissions from your source exceed theresulting number, you must apply for a permit from the Department_ Remember, this must be done for each toxic air pollutant. CF x Emissions in Pounds perHour where: E - emission rate (pounds perhour) OEL

- occupational exposure limit (mg per cubic meter) CF is a correctionfactor, shown in the table below, which accounts for release height. ReleaseHeight in Meters Correction Factor(CF)* Less than 

### 3 1 10 5 20 19 30 41 40 71 50 108 60 !52 70 202 80 255 90 317 100 378 110 451 120 533 130 617 !40 690 !50 781 160 837 170 902 180 1002 190 1066 200 1161 [6-14-94; 8-14-98]
ATTACHMENT C 20 NMAC 2.72 Proposed Corrections Page C-10NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD P 0 BOX 261 10 I I 190 ST. FRANCIS DRIVE SANTA FE, NEW MEXICO 87502-0110
TITLE 20 CHAPTER2 PART 72 ENVIRONMENTAL PROTECTION AIR QUALITY (STATEWIDE) CONSTRUCTION PERMITS
TABLE OF CONTENTS SUBPART I- GENERAL PROVISIONS I00. Issuing Agency
. 101. Scope
. 102 Statutory Authority I03 Duration
.. I04. Effective Date I05. Objective I06. Amendment and Supersession ofPrior Regulations
. 107. Definitions 108. Documents
. I09

- I99. [Reserved) SUBPART II- PERMIT PROCESSING AND REQUIREMENTS 200. Application for Construction, Modification, NSPS, and . . . . . . . I

. . . I

. . I

..... I

. I

. I

I

. .... 5

.... 5

NESHAP

- Permits and Revisions
. . ........ 5 20I. New Source Review Coordination
... 7
. 202. Exemptions
...... 7 203. Contents ofApplications II 204. Confidential Information Protection I5 205. Construction, Modification and Permit Revision in Bernalillo County I5 206. Public Notice and Participation
. 15 207. Permit Decisions and Appeals
. 16 208: Basis for Denial ofPermit
. 17 209. Additional Legal Responsibilities on Applicants
............. 18 210. Permit Conditions
. . .... 18 211. 212. 213. 214. Permit Cancellations
. Permittee's Notification Requirements to Department Startup and Followup Testing
. Source Class Exemption Process (Permit Streamlining) 19

. ................ 20

. ........... 20 21TABLE OF CONTENTS - CONTINUED 215 Emergency Permit Process 216. Nonattainment Area Requirements 217. Compliance Certifications
. 218. Enforcement
. 219. Permit Revisions
. 220. General Permits 221

- 299. [Reserved] 22

........ 22 23

. ..... 23

. . 24 28

... 31 SUBPART III- SOURCE CLASS PERMIT STREAMLINING 300. Definitions 31 301. Applicability
.. . ... 33 302. Contents ofApplication ... 35 303. Public Notice and Participation
.. . ...... 36 304 Permit Decisions
. . .. 38 305 General Requirements
. . 38 306. Source Class Requirements
. .. 39 307- 399. [Reserved] . .. 40

SUBPART IV- PERMITS FOR TOXIC AIR POLLUTANT EMISSIONS 400. Preamble 40I. Definitions 402. Applicability
. 403. Contents ofApplication 404. Public Notice and Participation 405. Permit Decisions 406- 499. [Reserved] SUBPART V- APPENDIX 500 Table I

- Significant Ambient Concentrations
. 501. Table 2- Permit Streamlining Source Class Categories
. 502. Toxic Air Pollutants and Emissions.

II ............ 40

......... 41

. 42

43

.... 44

. 45

. 47

. ....... 48

. ....... 48

. . 49TITLE 20 CHAPTER2 PART72 NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD P 0. BOX 26110 I 1190 ST. FRANCIS DRJVE SANTA FE, NEW MEXICO 87502-0110
ENVIRONMENTAL PROTECTION AIR QUALITY (STATEWIDE) CONSTRUCTION PERMITS
I00. ISSUING AGENCY: Environmental improvement Board. [11-30-95] I0I. SCOPE: All persons who intend to construct or modifY a source, except as otherwise provided by this Part. [11-30-95] 102. STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Section 74-l-8(A)(4) and Air Quality Control Act, NMSA 1978, Sections 74-2-1 

### et seq., including specifically, Section 74-2-7(A)(I), (B), (C) and (D). [11-30-95] 103. DURATION: Permanent. Notwithstanding the applicability provisions ofSection 402 of this Part, the Department is stayed from enforcing requirements relating to asphalt fumes as a toxic air pollutant for new or modified sources until September I, 1997. [11-30-95, 8-2-96] 104. EFFECTIVE DATE: 11-30-95 except where a later date is cited at the end ofa section or paragraph. [11-30-95, 4-22-98] 105 OBJECTIVE: The objective ofthis Part is to establish the requirements for obtaining a construction permit. [11-30-95] 106. AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This Part amends and supersedes Air Quality Control Regulation ("AQCR") 702 -Permits, filed May 29, 1990, as amended ("AQCR 702"). [11-30-95] A All references to AQCR 702 in any other rule shall be construed as a reference to this Part. [ 11-30-95] B. The amendment and supersession ofAQCR 702 shall not affect any administrative orjudicial enforcement action pending on the effective date ofsuch amendment nor the validity of any permit issued pursuant to AQCR 702. [11-30-95] I07. DEFINITIONS: In addition to the terms defined in Part 2 -Definitions, as used in this Part [Il-T0-95]

20 NMAC 2.72 11-14-98A. "Air pollution control equipment" means any device, equipment, process or combination thereofthe operation ofwhich would limit, capture, reduce, confine, or otherwise control air contaminants or convert for the purposes ofcontrol any air contaminant to another form, another chemical or another physical state. [11-30-95) B. "Ambient air" means the outdoor atmosphere, but does not include the area entirely within the boundaries ofthe industrial or manufacturing property within which the air contaminants are or may be emitted and public access is restricted within such boundaries. [11- 30-95] C "Coal mining operation" means the business ofdeveloping, producing, preparing or loading bituminous coal, subbituminous coal, anthracite, or lignite, or ofreclaiming the areas upon which such activities occur. This definition does not include coal preparation plants. [I 1- 30-95] D. "Coal preparation plant" means any facility which prepares coal by one or more ofthe following processes breaking, crushing, screening, wet or dry cleaning, and thermal drying. [11-30-95] E "Commencement" means that an owner or operator has undertaken a continuous program ofconstruction or modification. [11-30-95] F. "Construction" means fabrication, erection, installation or relocation ofa stationary source, including but not limited to temporary installations and portable stationary sources. [11-30-95) G. "Emergency" means unforeseen circumstances resulting in an imminent and substantial endangerment to health, safety, or welfare which requires immediate action. [11-30- 95] H. "Federally enforceable" means all limitations and conditions which are enforceable by the administrator ofthe US EPA, including those requirements developed pursuant to 40 CFR Parts 60 and 61, requirements within any applicable State Implementation Plan, any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I including 40 CFR 51. 165 and 40 CFR 51.166. [I 1-30-95] "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening. [I 1-30-95] K. "Hazardous air pollutant" means an air contaminant which has been classified as a "hazardous air pollutant" by the administrator ofthe US EPA and is subject to a NESHAP. [11-30-95]

2ll NMAC 2.72 2**11-1~-98**L "Malfunction" means any sudden and unavoidable failure ofair pollution control equipment, process equipment, or process to operate in an expected manner. Failures that are caused entirely or in part by poor maintenance. careless operation, or any other preventable equipment breakdown shall not be considered a malfunction. [11-30-95] M. "Modification" means any physical change in, or change in the method of operation of, a stationary source which results in an increase in the potential emission rate ofany regulated air contaminant emitted by the source or which results in the emission ofany regulated air contaminant not previously emitted, but does not include:
a change in ownership ofthe source: 2. routine maintenance, repair or replacement: 3. installation ofair pollution control equipment, and all related process equipment and materials necessary for its operation, undertaken for the purpose ofcomplying with regulations adopted by the board or pursuant to the Federal Act; or 4 unless previously limited by enforceable permit conditions
a. an increase in the production rate, ifsuch increase does not exceed the operating design capacity ofthe source; b. an increase in the hours ofoperation; or
c use ofan alternative fuel or raw material if, prior to January 6, 1975, the source was capable ofaccommodating such fuel or raw material, or ifuse ofan alternate fuel or raw material is caused by any natural gas curtailment or emergency allocation or any other lack ofsupply ofnatural gas [11-30-95] N. "National Ambient Air Quality Standard" means, unless otherwise modified, the primary (health-related) and secondary (welfare-based) federal ambient air quality standards promulgated by the US EPA pursuant to Section I09 ofthe Federal Act. [11-30-95] 

### 0 "National Emission Standards for Hazardous Air Pollutants" or "NESHAP" mean the regulatory requirements, guidelines and emission limitations promulgated by the US EPA pursuant to Section 112 ofthe Federal Act. [11-30-95] P "New Source Performance Standard" or "NSPS" means the regulatory requirements, guidelines and emission limitations promulgated by the US EPA pursuant to Section Ill ofthe Federal Act. [11-30-95]

20 NMAC 2 72 3 11-14-98Q. 

### "Nonattainment area" means for any air contaminant an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the administrator tobe reliable) to exceed any national or New Mexico ambient air quality standard for such contaminant. Such term includes any areas identified under sub-paragraphs (A) through (C) ofSection 107 (d)(l) ofthe Federal Act. [11-30-95) 

### R. "Operator" means the person or persons responsible for the overall operation of a facility [11-30-95] 

## s [11-30-95] 

### "Owner" means the person or persons who own a facility or part ofa facility.
T 

### "Part" means an air quality control regulation under Title 20, Chapter 2 ofthe New Mexico Administrative Code, unless otherwise noted; as adopted or amended by the Board. [11-30-95] U. 

### "Portable stationary source" means a source which can be relocated to another operating site with limited dismantling and reassembly, including for example but not limited to moveable sand and gravel processing operations and asphalt plants. [11-30-95] V. 

### "Potential emission rate" means the emission rate ofa source at its maximum capacity in the absence ofair pollution control equipment which is not vital to production ofthe normal product ofthe source or to its normal operation The determination ofmaximum capacity includes any federally enforceable physical or operational limitation on the capacity ofthe source. [I 1-30-95] W 

### "Regulated air contaminant" means, any air contaminant, the emission or ambient concentration ofwhich is regulated pursuant to the New Mexico Air Quality Control Act or the Federal Act. [11-30-95] X 

### "Shutdown" means the cessation ofoperation ofany air pollution control equipment, process equipment or process for any purpose, except routine phasing out ofbatch process units. [11-30-95] Y. 

### "Standard Industrial Classification" or "SIC" means the code from the classification manual created by the Executive Office ofthe President-Office ofManagement and Budget, which categorizes industrial, manufacturing and commercial facilities, as listed in the Standard Industrial Code Manual published by the U S. Government Printing Office, Washington D.C. 1972. [11-30-95] Z. 

### "Startup" means the setting into operation ofany air pollution control**equipmerit~process** equipment or process for any purpose, except routine phasing in ofbatch process units. [I 1-30-95]
20 NMAC 2.72 4 11-14-98AA "Stationary source" or "source" means any building, structure, equipment, facility, installation (including temporary installations), operation or portable stationary source which emits or may emit any air contaminant Any research facility may group its sources for the purpose ofthis Part at the discretion ofthe Secretary. [11-30-95] 108. DOCUMENTS: Documents incorporated and cited in this Part may be viewed at the New Mexico Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 St. Francis Drive, SantaFe, NM 87505. [11-30-95] 109- 199. (RESERVED(
SUBPART II- PERMIT PROCESSING AND REQUIREMENTS
200. APPLICATION FOR CONSTRUCTION, MODIFICATION, NSPS, AND NESHAP - PERMITS AND REVISIONS: A Permits must be obtained from the Department by I. Any person constructing a stationary source which has a potential emission rate greaterthan I0 pounds per hour or 25 tons per year ofany regulated air contaminant for which there is a National orNew Mexico Ambient Air Quality Standard. Ifthe specified threshold in this subsection is exceeded for any one regulated air contaminant, all regulated air contaminants with National or New Mexico Ambient Air Quality Standards emitted are subject to permit review. Within this subsection, the potential emission rate for nitrogen dioxide shall be based on total oxides ofnitrogen; 2. Any person modifYing a stationary source when all ofthe pollutant emitting activities at the entire facility, eitherpriorto or following the modification, emit a regulated air contaminant for which there is a National or New Mexico Ambient Air Quality Standard with a potential emission rate greaterthan I0 pounds per hour or 25 tons per year and the regulated air contaminant is emitted as a result ofJhe modification Ifthe specified threshold in this subsection is exceeded for any one regulated air contaminant, all regulated air contaminants with National or New Mexico Ambient Air Quality Standards emitted by the modification are subject to permit review. Within this subsection, the potential emission rate for nitrogen dioxide shall be based on total oxides ofnitrogen; [11-30-95] 3. Any person constructing or modifYing any source or installing any equipment which is subject to Part 77 -New Source Performance Standards, Part 78

- Emission Standards for HazardousA1rPollutants, or any other New Mexico Air Quality Control Regulation which contains emission limitations for any regulated air contaminant;

- 20 NMAC 2.72 5 11-14-984. For toxic air pollutants, See Subpart IV; 5. Any person constructing a stationary source which has a potential emission rate for lead greater than 5 tons per year or modifYing a stationary source which either prior to or following the modification has a potential emission rate for lead greater than 5tons per year, or 6 Sources which are major sources ofhazardous air pollutants by the definitions in Part 83

- Construction orModification of Ma1or Sources of HazardousAir Pollutants. [11-30-95] B. Fugitive dust emissions from a coal mining operation shall not be subject to the requirements ofSection 200.AI ofthis Part. [II-30-95] Note: New coal mining operations are required to have an approved air pollution control plan for fugitive dust emissions by the New Mexico Surface Coal Mining Commission. [11-30-95] 

### C Any source or modification meeting the applicability requirements ofthis Part, but which is a major stationary source or a major modification as defined in Part 74, shall in addition be subject to Part 74- Prevention ofSif(llificantDeterioration. (11-30-95] D. Any source or modification meeting the applicability requirements ofthis Part but which is a major stationary source or a major modification as defined in Part 79, shall in addition be subject to Part 79- Permits- NonattainmentAreas. [11-30-95] E For all sources subject to this Part, applications for permits shall be filed prior to the commencement ofthe construction, modification or installation. Regardless ofthe anticipated commencement date, no construction, modification or installation shall begin prior to issuance of the permit. [11-30-95] F. [11-30-95] Temporary installations and portable stationary sources are subject to this Part.
G. !fa source consists ofmore than one unit, a separate permit may be required for each unit which is not substantially interrelated with another unit. A common connection leading to ductwork, pollution control equipment or a single stack shall not, by itself, constitute a substantial interrelationship. [11-30-95] H. Any source which previously did not require a permit because it was in existence before August 3I, 1972 shall be subject to the requirements ofthis Part ifoperations ceasefor a period offive years or more and the source has a potential emission rate greater than I0 pounds

20 NMAC 2.72 6 11-14-98per hour or 25 tons per year ofany regulated air contaminant for which there is a National or New Mexico Ambient Air Quality Standard. [11-30-95] Any source meeting the applicability requirements ofthis Part, but which is a major source ofhazardous air pollutants, shall in addition be subject to Part 83

- ( 'onstruction or Modification of Major Sources of HazardousAirPollutants. [11-30-95] 20 I. NEW SOURCE REVIEW COORDINATION: In cases where the new source review requirements ofeither Part 74, 79, 77, 78, or Part 83 -ConstructionorModifications of Major Sources 'if HazardousAirPollutants apply to a new stationary source or modification in addition to this Part, the following provisions apply A. Only one permit application shall be submitted; B. The application shall be ruled complete when information required by all applicable regulations has been submitted; C Definitions and requirements ofeach applicable regulation are applied separately and do not supersede each other; and D. After the requirements ofall applicable regulations are met, only one permit shall be issued. [11-30-95] 202. EXEMPTIONS: The following exemptions are made to the following requirements of Subpart II ofthis Part. The exemptions in this Section do not apply to emissions oftoxic air pollutants listed under Section 502 ofthis Part, do not alter the calculation ofthe potential emissions oftoxic air pollutants for applicability under Section 402 ofthis Part, and do not exempt the Department or the owner or operator ofany source from any requirement under Sections 403, 404, or 405 ofthis Part. [1-7-98) A. The following sources and activities shall not be reported in the permit application. Emissions from such activities shall not be included in the calculation offacility-wide potential emission rate under Sections 200.A.I or200.A.2. Such activities may be commenced or changed without a permit or permit revision under this Subpart I. Activities which occur strictly for maintenance ofgrounds orbuildings, including: lawn care, pest control, grinding, cutting, welding, painting, woodworking, sweeping, general repairs,janitorial activities, and building roofing operations; 2. Activities for maintenance ofequipment or pollution control equipment, either inside or outside ofa building, including cutting, welding, and grinding, but excluding painting;

20 NMAC 2.72 7 11-14-983. Exhaust emissions from forklifts, courier vehicles, front end loaders, graders, carts, maintenance trucks, and fugitive emissions from fleet vehicle refueling operations, provided such emissions are not subject to any requirements under this Chapter (Air Quality), NSPS or NESHAP: 4. Use offire fighting equipment and fire fighting training: 5. Government military activities such as field exercises, explosions, weapons testing and demolition to the extent that such activities:
a. Do not result in visible emissions entering publicly accessible areas: and b. Are not subject to a NSPS or NESHAP: 6. Office activities, such as photocopying: 7. Test drilling for characterization ofunderground storage tank and waste disposal sites: 8. Non-anthropogenic wind blown dust: 9. Residential activities such as use offireplaces, woodstoves, and barbecue cookers: I0. Gases used to calibrate plant instrumentation, including continuous emission monitoring (CEM) systems: II. Food service, such as cafeteria activities: 12. Automotive repair shop activities, except painting and use ofsolvents: 13. Use ofportable aerospace ground equipment (such as power generators, compressors, heaters, air conditioners, lighting units) in direct support ofaircraft operations and on orin the immediate vicinity ofan airfield: 14. Activities which occur strictly for preventive maintenance ofhighway bridges, displays and water towers, including: grinding, cutting, welding, painting, and general repairs: 15. The act ofrepositioning orrelocating equipment, pipes, ductwork, or conveyors within the plant site, but only when such change in physical configuration does not:

20 NMAC 2.72 8 11-14-98a Reposition or relocate any source ofair emissions orthe emission points from any such source; or b such emissions. [1-7-98) Increase the amount ofair emissions or the ambient impacts of
B. The presence ofthe following new or modified sources and activities at the facility shall be reported as provided for in the permit application forms supplied by the Department Emissions from such sources and activities shall not be included in the calculation of facility-wide potential emission rate under Sections 200.A.I or 200.A.2 ofthis Part. Construction ofsuch sources or commencement ofsuch activities after issuance ofthe permit shall be subject to the administrative permit revision procedures in Section 219 ofthis Subpart 1. Fuel burning equipment which is used solely for heating buildings for personal comfort orfor producing hot water for personal use and which:
a. Uses gaseous fuel and has a design rate less than or equal to five (5) million BTU per hour; or b. Uses distillate oil (not including waste oil) and has a design rate less than or equal to one (1) million BTU per hour; 2. VOC emissions resulting from the handling or storing ofany VOC if:
a. Such VOC has a vapor pressure ofless than two tenths (0 2) PSI at temperatures at which the compound is stored and handled; and b. The owner or operator maintains sufficient record keeping to verifY that the requirements ofSection 202.8.2.a are met; 3. Standby generators which are:
a. Operated only during the unavoidable loss ofcommercial utility power; b Operated less than 500 hours peryear; and
c. Either are: (I) The only source ofair emissions at the site; or (2) Accompanied by sufficient record keeping to verifY that the standby generator is operated less than 500 hours peryear;
20 NMAC 2.72 9 11-14-984. The act ofrepositioning or relocating sources ofair emissions or emissions points within the plant site, but only when such change in physical configuration does not increase air emissions or the ambient impacts ofsuch emissions; 5. Any emissions unit, operation, or activity that has 

### a potential emission rate ofno more than one-half(V2) ton per year ofany pollutant for which a National or New Mexico Ambient Air Quality Standard has been set or one-half('h) ton per year ofany VOC Multiple emissions units, operations, and activities that perform identical or similar functions shall be combined in determining the applicability ofthis exemption; 6. Surface coating ofequipment, including spray painting, roll coating, and painting with aerosol spray cans, if:
a. The potential emission rate ofYOCs do not exceed ten (I0) pounds per hour; b. The facility-wide total VOC content ofall coating and clean-up solvent use is less than two (2) tons per year; and
c. The owner or operator maintains sufficient record keeping to verifY that the requirements in 202.B.6.a and b above are met; · 7. Particulate emissions resulting from abrasive blasting operations, if:
a. Blasting operations are entirely enclosed in a building; and b. No visible particulate emissions are released from the building. [1-7-98] C For sources and units subject to 40 CFR Part 60 (NSPS), 40 CFR Part 61 (NESHAP) or other Parts ofthis Chapter (Air Quality), except 40 CFR Part 60 Subparts I (asphalt plants) and 000 (rock crushers), 40 CFR Part 61 Subpart C (Beryllium), and 40 CFR Part 61 Subpart D (Beryllium Rocket Motor Firing): I. Such sources and units shall be exempt from the applicability requirements in Section 200.A3 ifsuch sources or units:
a. Are included in a Notice oflntent filed under Part 73

- Notice of Intent andEmissions Inventory; or b. Have met the notification requirements to which they are subject under NSPS or NESHAP; and

20 NMAC 2.72 10 11-14-982. Applicability determinations under Sections 200AI and 200A2 ofthis Part shall take into account all federally enforceable emission limits established for such sources or units under NSPS. NESHAP and other Parts ofthis Chapter [2-8-98] D. Portable Source Relocation. For a portable source which has been issued a permit under this Part: Such source may relocate without undergoing a permit revision if:
a The source is installed in a manner conforming with the initial permit; b The source continues to meet all applicable emission limitations and permit conditions; and
c. The source meets the applicable requirements in Sections 202.D.2 and 202.D.3 below. 2 For each portable compressor engine which has been issued a streamlined permit in accordance with Section 30l.D.l ofthis Part, the owner oroperator shall complete the appropriate forms provided by the Department and maintain such records on file for at least two (2) years; 3. For all other portable sources, including but not limited to rock crushers and asphalt plants
a. The owner or operator shall notifY the Department, on the form provided by the Department, at least fifteen (IS) days prior to beginning installation at the new location; b. Operation at a new location ofsuch source shall not commence until the Department has approved the relocation in writing;
c. The Department shall not approve the relocation ifit would result in exceedances ofany National or New Mexico Ambient Air Quality Standard at the new location; and d. The Department shall approve, deny, or approve with conditions, the relocation request within fifteen (15) days ofreceipt ofthe notice form. [I 1-30-95; Rn, 20 NMAC 2.72.202.8, 1-7-98; 1-7-98] 203. CONTENTS OF APPLICATIONS:

20 NMAC 2.72 II 11-14-98A. The requirements ofthis Section may be modified by the Department, as appropriate, for emergency permits processed under Section 215. Any person seeking a permit under Section 200.A ofthis Part shall do so by filing a written application with the Department. The applicant shall submit at least five (5) copies ofthe permit application. All applications shall, as required by the Department: I. Be made on forms furnished by the Department; 2. Statethe applicant's name and address, together with the names and addresses ofall owners or operators ofthe source, and the applicant's state ofincorporation or principal registration to do business; 3. State the date ofthe application; 4. Provide all information, including all calculations and computations, to describe the specific chemical and physical nature and to estimate the maximum quantities ofany regulated air contaminants the source will emit after construction, modification or installation is completed, through routine operations, and all information, including all calculations and computations reasonably necessary to estimate maximum potential emissions during malfunction, startup, shutdown. With respect to a toxic air pollutant as defined by Section 40I.H this requirement only applies when the toxic air pollutant is emitted in such a manner that a permit is required under the provisions ofSubpart IV; 5. Demonstrate through submission ofUS EPA approved modeling or analysis, including all pertinent calculations and computations, that emissions from routine operations will not violate any NSPS, NESHAP, regulation adopted by the board under the Air Quality Control Act, any New Mexico or National Ambient Air Quality Standard, or prevention ofsignificant deterioration increment; 6. Provide a preliminary operational plan defining the measures to be taken to mitigate source emissions during malfunction, startup or shutdown, 7. Be accompanied by
a. A map, such as the 7.5 minute Topographic Quadrangle map published by the United States Geological Survey or the most detailed map available showing the exact location ofthe proposed construction, modification or installation ofthe source; b. A process flow sheet, including a material balance, ofall components ofthe facility which would be involved in routine operations and emissions;

20 NMAC 2.72 12 11-14-98c. A full description, including all calculations and the basis for all control efficiencies presented, ofthe equipment to be used for air pollution control, including a process flow sheet, or, ifthe Department so requires layout and assembly drawings, d. A description ofthe equipment or methods proposed by the applicant to be used for emission measurement; and 8. State the maximum and standard operating schedules ofthe source after completion ofconstruction, modification or installation or after permit revision in terms ofwhich and how many hours per day, days per week, days per month and days per**year~** 9. Contain such other relevant information as the Department may reasonably**require~** and I0. Be signed under oath or affirmation by the operator, the owner or an authorized representative, certifYing, to the best ofhis or her knowledge the truth of, all information in the application and addenda, ifany. [11-30-95) B. In addition to requirements in Section 203.A, each application filed with the Department for a permit ortechnical or significant permit revision shall include documentary proofthat the applicant has provided notice ofthe filing ofthe application to the public and other affected individuals and entities. The notice shall be I. Provided by certified mail, to the owners ofrecord, as shown in the most recent property tax schedule, ofall properties
a. Within one hundred (I00) feet ofthe property on which the facility is located or proposed to be located, ifthe facility is or is proposed to be located in a Class A or Class H county or a municipality with a population ofmore than two thousand five hundred (2500)**persons~** or b. Within one-half('/,) mile ofthe property on which the facility is located or is proposed to be located ifthe facility is or will be in a county or municipality other than those specified in subparagraph 203.B.I.a ofthis**subsection~** 2. Provided by certified mail to all municipalities and counties in which the facility is or will be located and to all municipalities, Indian tribes, and counties within a ten (I0) mile radius ofthe property on which the facility is proposed to be constructed or**operated~** 3. Published once in a newspaper ofgeneral circulation in each county in which the property on which the facility is proposed to be constructed or operated is located. This notice shall appear in either the classified or legal advertisements section ofthe newspaper

20 NMAC 2.72 13 11-14-98and at one other place in the newspaper calculated to give the general public the most effective notice and, when appropriate, shall be printed in both English and**Spanish~** 4. Posted in at least four (4) publicly accessible and conspicuous places. including
a. The proposed or existing facility entrance on the property on which the facility is, or is proposed to be, located, until the permit or significant permit revision is issued or**denied~** and b. Three (3) locations commonly frequented by the general public. such as a nearby post office, public library, or city**hall~** and 5. Submitted as a public service announcement to at least one radio or television station which serves the municipality or county in which the source is or is proposed to be located. [11-30-95, 1-7-98] C The notice specified in Section 203.8 I through 4 shall contain the following I. The applicant's name and address, together with the names and addresses ofall owners or operators ofthe facility or proposed**facility~** 2. The actual or estimated date that the application was or will be submitted to the**Department~** 3. The exact location ofthe facility or proposed**facility~** 4. A description ofthe process or change for which a permit is sought, including an estimate ofthe maximum quantities ofany regulated air contaminant the source will emit after proposed construction is complete or permit is**issued~** 5. The maximum and standard operating schedules ofthe facility after completion ofproposed construction or permit**issuance~** and 6. The current address ofthe Department to which comments and inquiries may be directed [11-30-95, 1-7-98] D. The public service announcement request specified in Section 203.8.5 shall contain the following information about the facility or proposed facility: I. The name, location, and type of**business~** 2. The name ofthe principal owner or**operator~**
20 NMAC 2.72 14 11-14-983 The type ofprocess or change for which a permit is sought, 4. Locations where the notices required under Section 203.B.4 have been posted: and 5. The address or telephone number at which comments and inquires may be directed to the Department. [1-7-98] 204. CONFIDENTIAL INFORMATION PROTECTION. All confidentiality claims made regarding material submitted to the Department under this Part shall be reviewed under the provisions ofPart I- GeneralProvisions. [11-30-95] 205 CONSTRUCTION, MODIFICATION AND PERMIT REVISION IN BERNALILLO COUNTY Forthe construction ormodifications ofsources within Bernalillo County, the applicant shall make such applications to the air quality control staffofthejoint Albuquerque-Bernalillo County Air Quality Control Board, unless that board loses, rejects or fails to exercise authority for the administration and enforcement ofthe Air Quality Control Act, at which time this Part shall apply in full in Bernalillo County. [11-30-95] 206. PUBLIC NOTICE AND PARTICIPATION: A The Department shall I. Make available for public inspection a list ofall pending applications for permits or permit revisions: 2. Make available for public inspection the permit application and the Department's preliminary determination. This material shall be available both at the Department's central office and the district or field office nearest to the proposed source. Copies ofany permit application, except those portions ofwhich may be determined as confidential in accordance with Part I - GeneralProvisiom, will be supplied upon written request and payment ofreasonable costs: 3. Subsequent to the availability for public review ofthe permit application and preliminary determination, publish a public notice in a newspaper ofgeneral circulation in the area closest to the location ofthe source. The notice shall include: the applicant's name and address, the location and briefdescription ofthe source, a summary ofestimated emissions and ambient impact, and the Department's preliminary intent to grant or deny the permit The notice shall identify the location ofthe permit application and preliminary determination for public review and describe the manner in which comments or evidence may be submitted to the Department:

20 NMAC 2.72 15 11-14-984. Allow all interested persons forty-five (45) days from the date the public notice is published to submit written comments or evidence on the preliminary determination and application and to request a public hearing; 5. Mail written notice ofthe action taken on a permit application to those persons who submitted written comments or evidence on the application; 6. Mail a copy ofthe public notice at the same time it is sent for publication to the appropriate agency in the following locations ifthe source will locate within fifty kilometers ofthe boundary ofother states, Bernalillo County, or a Class I area. A copy ofall public notices shall be sent to US EPA Region VI. (11-30-95, 1-7-98] 8. The Department shall hold a public hearing ifthe Secretary determines that there is a significant public interest. Public hearings shall be held in the geographic area likely tobe impacted by the source. Thetime, date, and place ofthe hearing shall be determined by the Department. The Department shall give notice ofthe hearing to the applicant and the public. The Secretary may appoint a hearing officer A transcript ofthe hearing shall be made at the request ofeither the Department or the applicant and at the expense ofthe person requesting the transcript. At the hearing, all interested persons shall be given a reasonable chance to submit data, views or arguments orally or in writing and to examine witnesses testirying at the hearing. [I 1- 30-95] 207 PERMIT DECISIONS AND APPEALS: A The Department shall, within thirty (30) days after its receipt ofan application for a permit or significant permit revision, review such application for completeness. Ifthe application isjudged complete, a letter to that effect shall be sent by certified mail to the applicant. Ifthe application isjudged incomplete a letter shall be sent by certified mail to the applicant stating what additional information or points ofclarification are necessary tojudge the application complete. Ifthe application isjudged complete but no permit is required, a letter shall be sent by certified mail to the applicant informing the applicant ofthe determination. [11- 30-95, 1-7-98] B. The Department shall, as soon as practicable after the Department deems the application complete but not to exceed one hundred eighty ( 180) days ortwo hundred forty (240) days ifthe application is subject to Part 74- Prevention ofSiplijicantDetenoralion, either grant, grant subject to conditions or deny the permit or significant permit revision. [11-30-95, 1-7-98] C The Department shall grant the permit, grant the permit subject to conditions, or deny the permit based on information cont11ined in the Department's administrative record. The administrative record shall consist ofthe application, any other evidence submitted by the applicant,· any evidence or written comments submitted by interested persons, any other evidence

20 NMAC 2 72 16 11-14-98considered by the Department, a statement ofmatters officially noticed, and ifa public hearing is held, the evidence submitted at the hearing. [11-30-95] D. Any person who participated in a permitting action before the Department shall be notified by the Department ofthe action taken and the reasons for the action Notification of the applicant shall be by certified maiL [I I-30-95] E. Any person who participated in a permitting action before the Department and who is adversely affected by such permitting action may file a petition for hearing before the board. The petition shall be made in writing to the board within thirty (30) days from the date notice is given ofthe Department's action and shall specifY the portions ofthe permitting action to which the petitioner objects, certifY that a copy ofthe petition has been mailed or hand-delivered as required by this paragraph, and attach a copy ofthe permitting action for which review is sought. Unless a timely request for hearing is made, the decision ofthe Department shall be finaL The petition shall be copied simultaneously to the Department upon receipt ofthe appeal notice. Ifthe petitioner is not the applicant or permittee, the petitioner shall mail or hand-deliver a copy ofthe petition to the applicant or permittee. The Department shall certifY the administrative record to the board. [I I-30-95] F. Ifa timely request for a hearing is made, the board shall hold a hearing within ninety (90) days ofreceipt ofthe petition in accordance with Section 74-2-7 ofthe New Mexico Air Quality Control Act, NMSA 1978. (I 1-30-95, 1-7-98] G. Any person adversely affected by an administrative action taken by the board may appeal in accordance with Section 74-2-9 ofthe New Mexico Air Quality Control Act, NMSA 1978 (1 1-30-95, 1-7-98] 208. BASIS FOR DENtAL OF PERMIT: The Department shall deny any application for a permit or permit revision ifconsidering emissions after controls [I I-30-95] A It appears that the construction, modification or permit revision will not meet applicable regulations adopted pursuant to the Air Quality Control Act; B. The source will emit a hazardous air pollutant or an air contaminant in excess of any applicable New Source Performance Standard orNational Emission Standard for Hazardous Air Pollutants or a regulation ofthe board; C For toxic air pollutants, See Subpart IV; D. The construction, modification, or permit revision will cause or contribute to air contaminant levels in excess ofany National Ambient Air Quality Standard or New Mexico Ambient Air Quality Standard unless the ambient air impact is offset by meeting the requirements ofeither Part 79 or Section 2I6, whichever is applicable;

20 NMAC 2 72 17 11-14-98E. The construction, modification, or permit revision would cause or contribute to ambient concentrations in excess ofa Prevention ofSignificant Deterioration (PSD) increment; F. Any provision ofthe Air Quality Control Act will be violated; G. It appears that the construction ofthe new source will not be completed within a reasonable time; or H. The construction, reconstruction, modification, orpermit revision for major sources ofhazardous air pollutants does not meet the requirements specified in Part 83. [11-30- 95] 209. ADDITIONAL LEGAL RESPONSIBILITIES ON APPLICANTS: The issuance of a permit does not relieve any person from civil or criminal liability for failure to comply with the provisions ofthe Air Quality Control Act, the Federal Act, federal regulations thereunder, any applicable regulations ofthe board, and any other applicable law or regulation. [11-30-95] 210. PERMIT CONDITIONS: A. The contents ofthe application specifically identified by the Department shall become terms and conditions ofthe permit or permit revision. [11-30-95] B. The Department shall, as appropriate, speciJY conditions upon a permit, including: I. Placement ofindividual emission limits determined on a case-by-case basis on the source for which the permit is issued, but such individual emission limits shall be only as restrictive as the more stringent ofthe following:
a. The extent necessary to meet the requirements ofthe Air Quality Control Act and the Federal Act; or b. The emission rate specified in the permit application; 2. A requirement that such source install and operate control technology, determined on a case-by-casebasis, sufficient to meet the requirements ofthe Air Quality Control Act and the Federal Act and regulations promulgated under either; 3. Compliance with applicable NSPS and NESHAP; 4. Imposition ofreasonable restrictions and limitations other than restrictions and limitations relating to emission limits or emission rates; or

20 NMAC 2.72 18 11-14-9&5 Any combination ofthe above; 6. In the case ofa modification, the requirements ofthis section (21 0 B) apply only to the facility or facilities involved in such modification [11-30-95; Rn, 20 NMAC 272210C, 11-14-98, 11-14-98] 

### C The Department may impose such other reasonable conditions upon a permit, including a schedule ofconstruction, a condition requiring timely revision ofpermit terms or conditions in order to meet new requirements, ifany, under any federally required and approved State Implementation Plan revision, and conditions requiring the source to be provided with or to undertake: I. Sampling ports ofa size, number and location as the Department may reqwre; 2. Safe access to each port; 3. Instrumentation to monitor and record emission data including continuous emission monitoring, ifappropriate; 4. Any other reasonable sampling, testing and ambient monitoring and meteorological facilities and protocols; and 5. Periodic testing pursuant to Section 213. [11-30-95; Rn, 20 NMAC 2.72210.D, 11-14-98] D. Any term or condition imposed by the Department on a permit or permit revision IS enforceable to the same extent as a regulation ofthe board. [11-30-95; Rn, 20 NMAC 2.72.210.E, 11-14-98] E. The Department will as a condition ofeach permit require the permittee to establish and maintain such records ofthe nature and amount ofemissions and to make such periodic reports to the Department regarding the nature and amounts ofemissions and the performance ofair pollution control equipment, as are necessary to carry out the purpose ofthe Air Quality Control Act [11-30-95; Rn, 20 NMAC 2.72.210.F, 11-14-98] F. RESERVED [11-30-95, 11-14-98] 21 I. PERMIT CANCELLATIONS: A. The Department shall automatically cancel any permit for any source which ceases operation for five years or more, or permanently. Reactivation ofany source after the five year period shall require a new permit. [I 1-30-95]

20 NMAC 2.72 19 11-14-98B. The Department may cancel a permit ifthe construction or modification is not commenced within two years from the date ofissuance or, ifduring the construction or modification, work is suspended for a total ofone year, such cancellation shall be subject to the following procedures I
. At least thirty days prior to the cancellation ofa permit, the Department shall notifY the permittee by certified mail ofthe impending cancellation. The Department shall notifY the permittee by certified mail ofthe cancellation ofhis permit and the reasons therefor Construction, modification and, ifrequired, interim operation shall cease upon the effective date ofcancellation contained in the notice ofcancellation. A permittee who has received notice that a permit is or will be cancelled may request a hearing before the board. The request must be made in writing to theboard within thirty days after notice ofthe Department's action has been received by the permittee. Unless a timely request for hearing is made, the decision ofthe Department shall be final; and 2. Ifa timely request for hearing is made, the board shall hold a hearing within thirty days after receipt ofthe request. The Department shall notifY the permittee by certified mail ofthe date, time and place ofthe hearing. In the hearing the burden ofproofshall be upon the permittee. The board may designate a hearing officer to take evidence in the hearing. Based upon the evidence presented at the hearing, the board shall sustain, modifY or reverse the action ofthe Department [11-30-95] 212. PERMITTEE'S NOTIFICATION REQUIREMENTS TO DEPARTMENT: Any owner or operator subject to this Part shall notifY the Department in writing ofor provide the Department with A Anticipated date ofinitial startup ofa source not less than thirty (30) days prior to the date; B. Actual date ofinitial startup ofa source within fifteen ( 15) days after the startup date; C Any change ofoperators within fifteen (15) days ofsuch change; D. Any necessary update or correction no more than sixty (60) days after the operator knows or should have known ofthe condition necessitating the update or correction of the permit [ 11-30-95] 213. STARTUP AND FOLLOWUP TESTING: Within sixty (60) days after achieving the maximum production rate at which the source will be operated but not later than one hundred eighty ( 180) days after initial startup ofthe source, the owner or operator ofthe source may be required to conduct a performance test. The test method utilized shall be approved by the Department Whenever the requirements of40 CFR 60 or 61 apply, test methods must be utilized



### = 20 NMAC 2.72 20 11-14-98as specified in those regulations. The owner or operator shall notify the Department at least thirty (30) days prior to the test date and allow a representative ofthe Department to be present at the test. A written report ofthe results ofthe test shall be submitted to the Department by the owner or operator within thirty (30) days from the test date. This requirement may be reimposed ona source as necessary ifinspections ofthe source indicate noncompliance with permit conditions subject to such testing, or the previous test showed noncompliance or was technically unsatisfactory In such cases, the test requirement may be reimposed as frequently as necessary until compliance is achieved and testing is performed in a technically satisfactory manner. This testing requirement may be waived ifthe source is a member ofa class subject to an exemption from this requirement pursuant to Section 214, and has agreed to comply with, and its permit contains, enforceable design, operational and locational protocols set by the Department for the class of sources to which the source belongs. [11-30-95] 214. SOURCE CLASS EXEMPTION PROCESS (PERMIT STREAMLINING): A Upon application by any person or group ofpersons, or upon the initiative ofthe Department, the board may exempt any source or class ofsources, from any procedural requirement ofthis Part except the requirement to obtain a permit prior to commencement of construction ifthe board finds that the conditions set forth below in this Section have been met When possible, comprehensive exemptions shall be established for source classes in orderto conduct expedited, streamlined permit processing for any applicant whose source is a member of such class. Exemptions may be granted only after a public hearing ofthe board, at which time the basis for such exemption shall be presented and any interested person allowed to comment and to question any witness. Theboard's decision that an exemption under this Section isjustified shall be based at a minimum on each ofthe following findings: I. The Department has substantial actual experience with or knowledge of the specific class ofsources proposed for exemption, that such experience or knowledge is material to the application for exemption, and that such experience or knowledge includes modeling and analysis ofa representative sample ofsuch sources. Such knowledge may be acquired through, but not limited to, direct Department experience with such sources, orthe review ofother regulatory agencies' experience, records, documentation and formal actions, or through publications ofprofessional organizations and societies upon which engineers and scientists would conventionally rely in formulating a professionaljudgment; 2. The sources possess sufficiently common characteristics ofoperation, process technology, emissions, emission control technology and impact on air quality that with respect to the specific requirements proposed to be exempted, protocols have been developed which, ifapplied to all members ofthat class, will ensure that air quality is protected at least as well as would be accomplished by the full permit review process; and 3. Under such an exemption, compliance with all federal and state air quality laws, regulations, standards and emissions limitations will be assured. [11-30-95]
20 NMAC 2.72 21 11-14-98B. Exemptions may apply statewide or regionally and may be revoked by the board only after a public hearing following at least sixty days public notice. [11-30-95] C As may be required under federal law, all protocols established hereunder shall be submitted to the US EPA for review and approval as revisions to the State Implementation Plan. Such protocols shall be established contingent upon approval by the US EPA [11-30-95] D. There shall be no exemptions under this Section from the requirements ofPart 74, 79, 77, or 78. [11-30-95] 215. EMERGENCY PERMIT PROCESS: A The Department may issue an emergency permit when the Secretary determines an emergency exists which threatens the public health, safety or welfare, and which requires the rapid construction or modification of, or installation ofequipment in, a facility subject to this Part in order to mitigate, prevent or remedy such emergency [11-30-95] B. Department personnel shall verifY that the source, operating in accordance with the permit issued, can and will meet all applicable standards, emissions limitations and conditions before authorizing start-up in orderto ensure that the public emergency is not worsened by excess or improperly controlled air pollution. [11-30-95] C 

### An emergency caused by any negligent or unlawful action or operation ofthe facility orthe facility owner or operator, including but not limited to failure to apply timely for a permit or revision, shall not constitute an emergency for the purposes ofthis Section. [ 11-30-95] D The requirements ofSections 206.A.4 and 5, 206.8, and 207.A and B shall not apply to emergency permits processed under this Section [11-30-95] E. Construction shall not commence until the emergency permit is issued. [11-30- 95] 216. NONATTAINMENT AREA REQUIREMENTS: A. The requirements ofthis Section apply to: 1. A source or modification which will emit a regulated air contaminant such that the ambient impact ofthe contaminant would exceed the significant ambient concentration in Section 500, Table I at any location that does not meet the New Mexico Ambient Air Quality Standard for the contaminant; or

--·· 2. A source or modification which is not a major stationary source or major modification as defined in Part 79 and which will emit a regulated air contaminant such that the

20NMAC 2.72 22 11-14-98ambient impact ofthe contaminant would exceed the significant ambient concentration in Table I at any location that does not meet the National Ambient Air Quality Standard for the contaminant [11-30-95] B. A source or modification subject to this Section shall offset the ambient impact of its emissions by l. Obtaining emission offsets for proposed emissions in an amount greater than one-to-one such that a net air quality benefit will occur; and 2. Ensuring emission offsets are quantifiable, enforceable, and permanent by meeting the following Sections ofPart 79:
a. Section l 14

- Emission Offset Baseline b. Section liS -Emission Offsets
c Section 117

- Air Quality Benefit [ll-30-95] 217. COMPLIANCE CERTIFICATIONS: A Notwithstanding any other provision in the New Mexico State Implementation Plan approved by the Administrator, for the purpose ofdetermining compliance, an owner or operator is not prohibited from using monitoring as required under Part 70 and incorporated into an operating permit in addition to any specified compliance methods. [ll-30-95) B. The requirements ofthis Section are only applicable to those sources which, in addition to being subject to this Part are either: defined as a major source under Part 70

- Opera/inKPermits, or; subject to Part 82- MaximumAchievable ( 'ontrol Technolozy Standards for Source CateKories of HazardousAirPollutants. [ll-30-95] 218. ENFORCEMENT: Notwithstanding any other provision in the New Mexico State Implementation Plan approved by the Administrator, any credible evidence may be used for the purpose ofestablishing whether a person has violated or is in violation ofthe terms orconditions ofa permit issued pursuant to this Part, including permits for sources meeting the applicability requirements Part 74 -PreventionofSi[(ll!ficantDeterioration, or Part 79- PermitsNonallainmenlAreas. [ll-30-95) A Information from the use ofthe following methods is presumptively credible evidence ofwhether a violation has occurred at the source l
. A monitoring or information gathering method approved for the source pursuant to Part 70 and incorporated in an operating permit; or
20 NMAC 2.72 23 11-14-982. Compliance methods specified in the New Mexico State Implementation Plan. [11-30-95] B The following testing, monitoring or information gathering methods are presumptively credible testing, monitoring or information gathering methods I. Any federally enforceable monitoring or testing methods, including those in 40 CFR, parts 51, 60, 61 and 75; and 2. Othertesting, monitoring or information gathering methods that produce information comparable to that produced by any method in Section 218.A or Section 218.B. I, above [11-30-95] C. The requirements ofthis Section 218 are only applicable to those sources which, in addition to being subject to this Part, are either: defined as a major source under Part 70

- OperatinJ? Permits, or; subject to Part 82 -MaximumAchievable Co/1/rol Technolozy Standard,· fin· Source ( 'ateJ?ories of HazardousAirPollutants. [11-30-95] 219. PERMIT REVISIONS: [11-30-95; Rn, 20 NMAC 2 72.202, 1-7-98; 1-7-98] A Administrative Permit Revisions 1. Administrative permit revision procedures may be used only for those permit revisions that:
a. Correct typographical errors; b. Provide for a minor administrative change at the source, such as a change in ownership or a change in the address or phone number ofany person identified in the permit;
c. Incorporate a change in the permit solely involving the retiring of a source or closing ofa facility upon notification ofthe Department that the permittee has ceased operations ofthe source or facility; d. Incorporate a change in the permit solely involving the deletion from the permit ofa source or sources upon notification ofthe Department that the source or sources have not been and will not be built; or
e. Incorporate a source or activity at the facility which is exempted under Section 202.B ofthis Part;

20 NMAC 2 72 24 ll-14-9R2. The permittee shall apply for an administrative permit revision by filing a certified written notification ofthe proposed revision with the Department which includes all information required by the Department to review the request. The certification shall be made as required under Section 203.A I0 ofthis Part; 3. The administrative permit revision is effective upon receipt ofthe notification by the Department; 4. Administrative permit revisions shall not be subject to public notification requirements under Sections 203 .B and 206 ofthis Part The Department shall attach the revision to the permit; 5. Administrative permit revisions shall not be subject to filing fees or permit fees under Part 2.75- Construction Permll Fees; 6 The Department is not required to reissue the permit to incorporate an administrative permit revision. [I-7-98) B. Technical Permit Revisions Technical permit revision procedures may be used only for
a. Permit revisions that incorporate a change in the permit solely involving a change to monitoring, record keeping, or reporting requirements by the permittee. provided that the Department determines that such change does not reduce the enforceability of the permit; b Permit revisions that incorporate a change in the permit solely involving additional equipment 

### with a potential emission rate ofno more than one (I) pound per hourfor any pollutant for which a National or New Mexico Ambient Air Quality Standard has been set or one (I) pound per hour for any VOC;
c. Permit revisions that incorporate a change in the permit solely involving the placement ofpermit conditions, including emissions limitations, on sources which existed on August 3I, 1972 and which have been regularly operated since that time; d. Modifications that replace an emissions unit for which the allowable emissions limits have been established in the permit. provided that the new emissions unit: (I) Is equivalent to the replaced emissions unit, and serves the same function within the facility and process;

20 NMAC 2.72 25 11-14-98(2) Has the same or lower capacity and potential emission**rates~** (3) Has the same or higher control efficiency, and stack parameters which are at least as effective in the dispersion ofair**pollutants~** (4) Would not result in an increase ofthe potential emission rate ofany other equipment at the**facility~** (5) Shall be subject to the same or lower allowable emissions limits under the permit, and to all other permit conditions which have applied to the replaced emissions**unit~** (6) Would not, when operated under applicable permit conditions, cause or contribute to a violation ofany National or New Mexico Ambient Air Quality Standard; and (7) Would not, as determined by the Department, require additional permit conditions in orderto ensure the enforceability ofthe permit, such as additional record keeping orreporting to show compliance; or
e. Permit revisions that make adjustments to the emissions limitations based on the result ofthe initial compliance test(s), provided that: (I) Thetest is performed in accordance with permit conditions; (2) Such adjustment occurs within six (6) months ofthe compliance test; (3) No other such adjustment has occurred since the most recent permit issuance or**reissuance~** (4) Such adjustment does not: alter any other permit condition; trigger additional requirements under any other Part, including Part 74- Prevenlion of Sif<llificam Delerioralion; or result in allowable emissions which could contribute to a violation of any National or New Mexico Ambient Air Quality Standard; (5) Such request does not increase the permitted allowable emissions ofthe unit(s) on which the initial compliance test(s) have been performed by more than ten (I0) percent; and

20 NMAC 2.72 26 11-14-98(6) Where the permit fee calculated under Part 75- Construction Permit Fees would have been greater ifit had been based on the potential emission rate as indicated by the compliance test, thebalance ofthe permit fee is submitted as part ofthe technical permit revision application; 2. A request for a technical permit revision shall be accomplished by filing a certified written notification ofthe proposed revision with the Department on forms provided by the Department and shall include all information required by the Department to review the request. The certification shall be made as required under Section 203.A 10 ofthis Part, 3. The Department shall approve or deny the technical permit revision, or inform the applicant that the request must be submitted as a significant permit revision:
a. Within thirty (30) days ofreceipt ofthe complete application; or b. Ifin response to significant public interest the Department holds a public meeting regarding the technical permit revision, within sixty (60) days ofreceipt ofthe complete application; 4. The Department may deny an application for a technical permit revision or require that such application be submitted as a significant permit revision if:
a. Such revision does not meet the criteria ofthis Section; b. In thejudgment ofthe Department the revision would require a decision on a significant or complex issue; or
c. In thejudgment ofthe Department the permittee has submitted multiple or subsequent applications for technical permit revisions under this Part that segment a larger revision or modification that would not be eligible for a technical permit revision; 5. The technical permit revisio_n shall become effective upon written approval from the Department; 6. Technical permit revisions shall not be subject to public notification requirements under Sections 203.8.1, 4, and 5 and 206 ofthis Part. The Department shall attach the technical permit revision to the permit [1-7-98] C (RESERVED( D. Significant Permit Revisions

20 NMAC 2.72 

### 27**11-1~-98**I. A significant permit revision is required for any modification to a source, and for revisions to any term or condition ofsuch permit, including but not limited to emissions limitation, control technology, operating conditions, and monitoring requirements; that
a. Do not meet the criteria under the provisions for administrative or technical permit revisions under Sections 219.A orB; or b. Meet the applicability criteria under Section 402 ofthis Part regarding toxic air pollutants; 2. Applications for significant permit revisions shall meet all requirements of this Part for permits and shall be processed in accordance with the public notice, review, and hearing procedures set forth in this Part for such permits. [11-30-95; Rn, 20 NMAC 2.72.202.A, 1-7-98; 1-7-98] 220. GENERAL PERMITS: A. Issuance ofGeneral Construction Permits. I. The Department may, after notice under Section 206.A ofthis Part and a public hearing with opportunityfor public participation under Section 206. B ofthis Part, issue one or more general construction permits, each covering numerous similar sources. Sources registered for coverage under a general permit shall be generally homogeneous in terms of operations, processes and emissions, subject to the same or substantially similar requirements, and not subject to case-by-case standards or requirements 2. Each general construction permit shall
a. Describe which sources may qualify to register under the general construction permit; b. Specify the contents ofa complete application to register under the general construction permit. The Department may, in the general construction permit, provide for applications which deviate from the requirements under Section 203 ofthis Part (Contents of Application), provided that such applications include (I) All information necessary to determine qualification for, and to assure compliance with, the general construction permit; and (2) Applicant's public notice requirements including, at a minimum, a notice:

20 NMAC 2 72 28 11-14-98(a) Published once in the legal notices section ofa newspaper in general circulation in the county or counties in which the property on which the facility is proposed to be constructed or operated is located; and (b) Posted at the proposed or existing facility entrance in a publicly accessible and conspicuous place on the property on which the facility is, or is proposed to be, located, until the general permit registration is granted or denied;
c. Contain permit terms and conditions which apply to all sources registered under the general construction permit, and which include (I) Sufficient terms and conditions to assure that all sources registered under and operating in accordance with the general construction permit will meet all applicable requirements under the federal Act, the New Mexico Air Quality Control Act and this Chapter (Air Quality), including Parts 74- Prevention ofSiRJ1ificantDeterioration, 77- New Source Performance Standards, 78- Emission Standards forHazardousAirPollutants, 79- Permits- NonattainmentAreas, and 82- MaximumAchievable Control Technolozy Standard,· for Source Catef(ones of HazardousAirPollutants, and will not cause or contributeto air contaminant levels in excess ofany National or New Mexico Ambient Air Quality Standard; and (2) Monitoring, record keeping and reporting requirements appropriate to the source and sufficient to ensure compliance with the general construction permit At a minimum, the general permit shall specifY where the records shall be maintained, how long the records shall be retained and that all records or reports shall be made available upon request by the Department; (3) As appropriate, terms and conditions to address and report emissions occurring during upsets, startups and maintenance; and d SpecifY that any document, including any application form, report, compliance certification and supporting data, submitted pursuant to this Section (220) shall contain a certification that meets the requirements ofSection 203 A I0 ofthis Part. [4-22-98) B. Revisions to a General Construction Permit I. The Department may, after notice under Section 206.A and a public hearing with opportunity for public participation under Section 206.8, revise a generalconstruction permit Notice ofthe proposed revision shall also be sent to the owner or operator ofall sources registered under the general construction permit 2 Revisions to a general construction permit shall include a reasonable transition schedule for existing registered sourcesto comply with the revised permit The

20 NMAC 2 72 29 11-14-98Department shall revise the general permit terms and conditions only to the extent necessary to ensure that the requirements ofParagraph A.2.c ofthis Section (220) are met. [4-22-98] 

### C. Registration under a General Construction Permit. I. The owner or operator ofa source required to obtain a permit pursuant to this Part and which qualifies to register under a general construction permit shall either·
a. Apply to the Department to register under the terms ofthe general construction permit; or b. Apply for a construction permit under Section 200 ofthis Part. 2. Within thirty (30) days ofreceiving an application to register under a general construction permit, the Department shall review the application for completeness and shall grant or deny the registration. The Department shall not grant the registration until at least fifteen (15) days after the date the applicant's public notice was initiated. The Department shall notifY the applicant ofits determination by certified mail. The Department shall attach a copy of the general construction permit to registration approvals. 3. The Department shall grant registration under a general permit to a source only if:
a. The application is complete and meets the requirements ofthis Section (220); and b. The source meets the terms and conditions ofthe general permit. 4. The Department may grant or deny an application to register under a general construction permit without repeating the public notice and participation procedures required under Section 206 ofthis Part. 5. Administrative review under §74-2-7.H through L NMSA 1978 shall be available for a determination made by the Department ofwhether or not a source qualifies to register for coverage under a general construction permit. However, administrative review ofa registration for coverage under a general construction permit shall not extend to administrative review ofthe general permit itself Administrative review ofthe general construction permit shall be available under**§74-2~7.H** through L NMSA 1978 only upon issuance or revision ofthe general permit as a permitting action. 6. Sources shall be subject to enforcement action for construction without a permit if:

20 NMAC 2.72 30 11-14-98a. Construction ofa source is commenced prior to the receipt ofthe Department's written approval ofregistration under a general construction permit; or b. It is determined after construction commences that a source does not qualify for coverage under the general construction permit. 7. A general permit registration may be canceled, consistent with the provisions ofSection 21 I ofthis Part, for any source which ceases operation for five years or more, or permanently, and for any source for which the construction or modification is not commenced within two years from the date ofissuance or, ifduring the construction or modification, work is suspended for a total ofone year. The owner or operator shall notify the Department ofthe anticipated and actual startup ofa source, consistent with the provisions of Section 212 ofthis Part [4-22-98) D. Modifications to Sources Registered Under a General Construction Permit. Each general construction permit shall provide that, prior to modification ofa source which is registered under a general construction permit, the owner oroperator shall: I. Forthose modifications for which the facility will continue to meet the conditions ofthe general construction permit after the modification, notify the Department in writing ofsuch modification; and 2. For those modifications for which the source will not continue to meet the conditions ofthe general construction permit after such modification, obtain a construction permit from the Department under this Part prior to the modification. [4-22-98) 221

- 299. (RESERVED(
SUBPART III- SOURCE CLASS PERMIT STREAMLINING
300. DEFINITIONS: In addition to the definitions in Section I07, the following definitions apply to this Subpart: A. "Compressor station" means a facility whose primary function is the extraction ofcrude oil, natural gas, or water from the earth with compressors, or movement ofany fluid, including crude oil or natural gas, or products refined from these substances through pipelines or the injection ofnatural gas or C02back into the earth using compressors. A compressor station may include engines togeneratepower in conjunction with the other functions ofextraction,
20 NMAC 2.72 31 11-14-98injection or transmission and may contain emergency flares. A compressor station may have auxiliary equipment which emits small quantities ofregulated air contaminants, including but not limited to, separators, de-hydration units, heaters, treaters and storage tanks, provided the equipment is located within the same propertyboundaries as the compressor engine [11-30-95] B. "Good engineering practice stack height" means 

### H<OEP = 

### H + 1.5L, where 

### H equals the height ofany building or obstruction within 5 L ofthe stack, and L equals the lesser of the height or maximum projected width ofthe building or obstruction. [11-30-95] C. "Impact area" means the circular area with a radius extending from the source to the most distant point where the total potential emissions from the facility will cause a significant ambient impact (i.e , equal or exceed the applicable significant ambient impact level in Part 72, Section 500, TABLE I ). [11-30-95] D. "Maximum projected width" means the largest crosswind building or obstruction dimension. (11-30-95] E. "Potential to emit" or "potential emissions" means the maximum capacity ofa stationary sourceto emit a regulated air contaminant under its physical and operational design. Any physical or operational limitation on the capacity ofthe source to emit a regulated air contaminant, including air pollution control equipment and restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored, or processed, shall be treated as part ofits design ifthe limitations orthe effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit ofa stationary source. [11-30-95, 11-14-98] F. "Secondary emissions" means emissions ofan air contaminant which occur as a result ofthe construction or operation ofa stationary source or modification, but do not come from the stationary source or modification itself Secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result ofthe construction or operation ofthe stationary source orJllodification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe ofa motor vehicle, from a train, orfrom a vessel. [11-30-95] G. "SUM" means the sum ofthe potential emissions for oxides ofnitrogen from all adjacent sources. [11-30-95] H. "SUM.," means the sum ofthe potential emissions for oxides ofnitrogen from all adjacent sources within 15 km ofthe N02 impact area. [11-30-95]

20 NMAC 2.72 32 11-14-98 •I. "SUM2;'' means the sum ofthe potential emissions for oxides ofnitrogen from all adjacent sources within 25 km ofthe NO, impact area. [11-30-95] J. "Sweet natural 

### gas" means natural gas containing no morethan 0 25 grains of hydrogen sulfide per 100 standard cubic feet ofgas. [11-30-95] 301. APPLICABILITY: A. Any owner or operator intending to construct or modifY a source which requires a permit under the provisions ofPart72, Section 200 may elect to obtain a permit under Part 72, Subpart III ifthe source category is listed in Section 501, TABLE 2. [11-30-95) B. Part 72, Subpart III shall not apply to I. Any "major stationary source" as defined in Part 74; 2. Any facility, eitherbefore or after construction or modification, with a total potential to emit ofany regulated air contaminant greaterthan 200 tons peryear (tpy); 3. Any source subject to the requirements ofPart 78 or Part 72, Subpart IV; 4. Any reciprocating internal combustion (!C) engines and/orturbines located at petroleum refineries, chemical manufacturing plants, bulk gasoline terminals, natural gas processing plants, or at any facility containing sources in addition to IC engines and/or turbines for which an air quality permit is required through state or federal air quality regulations; 5. Any source which emits or proposesto emit those contaminants for which the impact areafrom the facility intersects an area, or for which the area itselfis I) designated nonattainment for federal ambient air quality standards; or2) nonattainment for federal PSD increments or state ambient air quality standards according to ambient data or air quality modeling; or 3) shown by air quality data ordispersion or other air quality modeling that air contaminants have consumed morethan 80% ofstate or federal ambient air quality standards or PSD incrementsfor those areas where the baseline has been triggered for the specific PSD mcrements; 6. Any source with the nearest property boundary located less than:
a. I kilometer (km) from a school, residence, office building, or occupied structure. Buildings and structures within the immediate industrial complex ofthe source are not included.

20 NMAC 2.72 33 11-14-98b. 3 km from the property boundary ofany state park, Class II wilderness area, Class 

### II national wildlife refuge, national historic park, state recreation area, or community with a population ofmore than twenty-thousand people
c. I0 km from the boundary ofany community with a population of more than forty-thousand people, or d. 30 km from the boundary ofany Class I area; 7 Any source located in Bernalillo County or within 15 km ofthe Bernalillo County line [11-30-95] C The following Sections ofPart 72, Subpart II apply to permit applications submitted pursuant to Part 72, Subpart Ill Sections 200.A, 200.B, 200.E through 200 H, 202, 204,205, 206.B, 207.C through 207.F, 208 through 212,214, and 215. The remainder ofPart 72, Subpart II does not apply to applications submitted pursuant to Subpart Ill. [11-30-95] D. Any source, including compressor stations, consisting of!C engines and/or turbines must comply with one ofthe following three criteria, Section 301.D.l, 301.D.2, 301.D.3, in order to qualifY for source class permit streamlining under Part 72, Subpart Ill (In demonstrating compliance with Section 30I .D, the Department shall give no credit for modeled reductions in ambient air concentrations due to so much ofa source's stack which exceeds good engineering stack height, or fifty (50) feet in situations where there are not obstructions or buildings associated with the source): I. The total potential to emit ofeach regulated contaminant from all sources at the facility shall be less than 40 tpy. The potential to emit for nitrogen dioxide shall be based on total oxides ofnitrogen; or 2. The total potential to emit ofeach regulated contaminant from all emission sources at the facility shall be lessthan I00 tons per year (tpy) and the impact on ambient air from all sources at the facility shall be less than the ambient significance levels in Part 72, Section 500, Table 1. The potential to emit for nitrogen dioxide shall be based on total oxides ofnitrogen expressed as nitrogen dioxide; or 3. The maximum modeled ambient impact from the total potential emissions at the facility shall be less than 50 percent ofeach applicable PSD increment, for those areas where the baseline has been triggered for the specific PSD increments, and state and federal ambient air quality standards; and
a. There shall be no adjacent sources emitting the same regulated air contaminant{sfas the source within 2.5 km ofthe modeled nitrogen dioxide (NO,) impact area; and

20 NMAC 2.72 34 I 1-14-98b. The "sum ofthe potential emissions for oxides ofnitrogen from all adjacent sources" (SUM) within 15 km ofthe NO, impact area (SUM 15) shall be less than 740 tpy, and
C. than 1540 tpy. [11-30-95] The SUM, within 25 km from the NO, impact area shall be less
4. Modifications to the auxiliary emission generating equipment at a facility qualifying and electing source class permit streamlining may commence without obtaining a permit for such modification as long as the total potential to emit ofall auxiliary equipment remains at or below 1.0 lb/hr for any one regulated air contaminant and as long as the total potential to emit ofeach regulated air contaminant from the compressor station meets the requirements ofSections 30I.D.I or 30l.D.2 or previously qualified under Sections 30 1.0.3. The applicant shall provide, in writing, the nature ofall changes to the Department no later than 15 days prior to the expected change. [11-30-95] 302. 

### CONTENTS OF APPLICATION: A Any person seeking a permit under Part 72, Subpart Ill shall do so by filing a written application with the Department. For those applications not qualifying under Section 303.A, the applicant shall also I. Provide by certified mail a complete copy ofthe application and public notice to the Department's field or district office nearest the source; and 2. Provide by certified mail a copy ofthe public notice to the appropriate federal land manager ifthe source will locate within 50 km ofthe boundary ofa Class I area. [I 1- 30-95] B. All applications shall be filed on forms furnished by the Department and shall include The applicant's name and address, the person to contact regarding the application, and the name and address ofthe new source or modification; 2. The date ofthe application; 3. A description ofthe new facility or modification including all operations effecting air emissions, 4. The anticipated operating schedule;

20 NMAC 2.72 35 11-14-985. A map such as a 7.5 minute United States Geological Survey Topographic Quadrangle showing the location ofthe stationary source; 6. The Universal Transverse Mercator (UTM) horizontal and vertical coordinate(s) for the facility; 7. A plot plan showing the location ofemission units with respect to the plant's property boundaries and the dimensions ofany buildings, terrain, or obstructions which may cause emissions to be downwashed; 8. A detailed description ofany air pollution control device or method to be utilized, including the basis for the estimated control efficiency; 9. The stack and exhaust gas parameters for all emission points, including calculations and manufacturer's or supplier's data which documents the emission rates and exhaust gas parameters; I0. A comprehensive regulatory compliance review, including all pertinent data and calculations, for each applicable new source performance standard, such as 40 CFR 60, Sub GG

- Standards ofPerformance for Stationary Gas Turbines; II. Documentation ofthe manufacturer's or supplier's recommended maintenance schedules and proceduresfor all air pollution control equipment, 12 A compliance demonstration based on US EPA approved modeling or analysis, including all pertinent calculations and computations, for all applicable requirements of Part 72, Subpart III for any facility electing to obtain a permit under this Subpart; 13. Documentary proofthat the requirements ofPart 72, Sections 302.A.l and 302.A.2 have been satisfied; 14. An application signed under oath or affirmation by the operator, the owner. or an authorized representative, certifYing to the best ofhis or her knowledge the truth of all information submitted; and IS. reqUJre [11-30-95] Any other relevant information as the Department may reasonably
303. PUBLIC NOTICE AND PARTICIPATION: A Applications qualifYing under the following Sections ofSubpart lil are not subject to Section 303.8 and 303.C2:

20 NMAC 2.72 36 I 1-14-98I. Section 30l.D.l and 30l.D.2. [11-30-95) B The applicant shall I
. Publish notice once in a newspaper ofgeneral circulation in the area closest to the location ofthe source. This notice shall appear in either the classified or legal advertisements section ofthe newspaper Notice shall be published in accordance with Department guidance documents and must include
a. The applicant's name and address; b. The address and phone number ofthe Department's Air Quality Bureau in Santa Fe, and the address ofthe field or district office where a copy ofthe application will be sent as required in Part 72. Section 302 

### A

c. The location and a briefdescription ofthe source; d. A summary ofestimated emissions and ambient impact for each regulated contaminant for the entire facility;
e. Where required in Subpart III, the applicant's public notice shall contain the following statement: "Any comments submitted on this permit application should address the relevant requirements ofstate and federal air quality regulations and the Federal Clean Air Act and the state Air Quality Control Act. The comments shall be submitted to the Department's Air Quality Bureau in Santa Fe within thirty (30) days following the date of publication", f Any other information required by the Department; and 2. Post the notice at the proposed or existing facility entrance on the property on which the facility is, or is proposed to be located prior to submittal ofthe application and remaining posted until the Department takes final action on the permit. [11-30-95) C The Department shall I. Make available for public inspection the permit application. Copies of any permit application, except those portions ofwhich may be determined as confidential in accordance with Part I - GeneralProvisions, will be supplied upon written request and payment ofreasonable costs. [11-30-95) 2 Allow all interested persons thirty (30) days from the date ofpublication ofthe applicant's public notice in a newspaper ofgeneral circulation, to submit written comments or evidence on the application. [11-30-95)

20 NMAC 2.72 37 11-14-98304. PERMIT DECISIONS: A. The Department shall within thirty (30) days after its receipt ofan application for a permit or permit revision review such application for completeness Ifthe application isjudged complete, a certified letter to that effect shall be sent to the applicant. Ifthe application isjudged incomplete, a certified letter shall be sent to the applicant stating what additional information or points ofclarification are necessary tojudgethe application complete. Ifthe application isjudged complete but no permit is required, a certified letter shall be sent to the applicant informing the applicant ofthe determination. [11-30-95) B The Department shall either grant, grant subject to conditions, or deny the permit or permit revision on those applications, as soon as practicable after the Department deems the application complete but not to exceed the times specified below: I. For applications qualifYing under the Section 30l.D.I or 30l.D.2, within thirty (30) days; 2. For all other applications, within sixty (60) days, or ninety (90) days if there is a hearing under Part 72, Section 206 [ 11-30-95) 305. GENERAL REQUIREMENTS: All sources permitted pursuant to Part 72, Subpart III shall operate in compliance with the following conditions A. A copy ofthe most recent permit issued by the Department shall be made available to Department personnel for inspection upon request Ifthe permit is not kept at the plant location, a notice at the plant site shall be located in a conspicuous place stating the facility name and ownership, air quality permit number, and the address and phone number ofthe Department in Santa Fe; B. The source shall operate in compliance with all applicable state and federal regulations, including federal new source performance standards incorporated by Part 77 and permit conditions; C The owner or operator ofthe source shall be required to conduct such performance tests as specified by the Department to determine compliance with emission limitations or technology requirements as specified in an applicable regulation or permit condition. Specific schedules and requirements will be listed in Section 306for each source class and/or in the permit. Performance test requirements may be reimposed on a source as necessary if inspections ofthe source or other information available to the Department, indicate noncompliance, or the previous test showed noncompliance or was technically unsatisfactory. In such cases, the Department may reimpose such tests as frequently as necessary until compliance is achieved and testing is performed in a manner technically satisfactory to the Department The owner or operator shall:

- 20 NMAC 2.72 38 11-14-98I. Arrange a pretest meeting with the Department at least two weeks prior to the anticipated test date for all tests: 2 NotiJY the Department at least thirty (30) days prior to the date and time ofperformance testing, and provide the Department an opportunity to have an observer present during testing: 3. Conduct performance tests in accordance with methods and procedures specified by the Department. Whenever the requirements of40 CFR 60 apply, test methods must be utilized as specified in those regulations: 4. Submit a written report to the Department ofthe results ofthe test within thirty (30) days from the test date: and D The owner or operator using a catalytic converter to meet the requirements of Subpart Ill shall satisfactorily test the reduction efficiency across the catalyst bed and report the results ofthe test to the Department according to the permit conditions, within ninety (90) days following initial start-up and on a quarterly basis thereafter, unless an alternative testing schedule is specified by the Department. The tests shall be conducted in accordance with the requirements ofPart 72, Section 305 C and as required in the permit, except that the requirements ofSection 305.C.! and 2 shall be waived unless the Department specifically requests a pretest meeting or notification ofthe next test date. [11-30-95) 306. 

### SOURCE CLASS REQUIREMENTS: A. In addition to the general conditions ofSection 305, each permitted source listed in Table 2 shall also comply with the applicable source class requirements below I. Requirements for source class category I

- reciprocating internal combustion (!C) engines
a. Gas fuel shall be produced natural gas, sweet natural gas, liquid petroleum gas, or fuel gas. No gas fuel shall contain more than 0.1 grain oftotal sulfur per dry standard cubic foot. Liquid fuel shall be first run refinery grade diesel or No. 2 fuel oil that is not a blend containing waste oils or solvents and contains less than 0.3% by weight sulfur: b. Within ninety (90) days after initial start-up ofthe source, the owner or operator shall conduct NO, and carbon monoxide (CO) performance tests on one or more engines (turbines) at the facility to ensure the facility is in compliance with Part 72, Subpart III and permit requirements, including emission limits and any applicable pollution control device reduction efficiency requirements for NO, The Department shall specifically identiJY in the permit eacnengine orturbine subject to initial performance testing requirements. Tests shall be conducted in accordance with the requirements ofSection 305 

### C:

20 NMAC 2.72 39 11-14-98c Any engine which operates with a non-selective catalytic converter shall comply with the following requirements (I) Any spark ignited gas-fired or any compression ignited dual fuel-fired engine shall be equipped and operated with an automatic air-fuel 

### ro•'- controller which maintains AFR in the range required to minimi7P "'" recommended by the manufacturer: and (2) The owner or ope1 demonstrate that the manufacturer's or supplier's recomme including replacement ofthe oxygen sensor as necessary fo cleaning, regeneration, and/or replacement ofcatalyst(s) as reduction efficiencies across the catalyst bed that are specifi, B. Requirements for source class category 2 - t The source must comply with Section 307- 399 (RESERVED(
SUBPART IV- PERMITS FOR TOXIC AIR POLLUTANT EMISSIONS 400 PREAMBLE: The Board is concerned about the increasingly common presence of toxic air pollutants in the ambient air. The Board believes that the best approach to regulating sources oftoxic air pollutants over the long term is to set ambient standards for each pollutant of concern. However, because offinancial constraints, the unavailability ofsufficient information to establish such ambient standards, the time necessary to establish such standards for the contaminants identified as toxic air pollutants and because the Board wishes to implement a toxic air pollutant permitting program as soon as possible, the Board has adopted a source-by-source permit-based approach for the present. Under this permit-based approach, the Board has given limited authority to the Department to use factors ofthe OELs (occupational exposure limits) in evaluating permit applications. The Board recognizes that the use ofOELs, or factors ofthem, as ambient air standards would be inappropriate: therefore, the Board has authorized their use for screening purposes only. This authorization is not intended to represent, and should not be interpreted as, a finding by the Board that these factors are suitable for determining safe or unsafe ambient air concentrations Various respected groups, such as the American Conference ofGovernmental Industrial Hygienists (ACGIH), may develop ambient air exposure guidelines in the future Development of ambient air guidelines by groups such as this could bethe basis for developing toxic air pollutant

20 NMAC 2.72 40 11-14-98ambient air standards. The Board also notes that the Department currently is developing an emissions inventory oftoxic air pollutants. An emissions inventory may identifY toxic air pollutants that are ofparticular concern in New Mexico. The Board believes that efforts like these may facilitate the development oftoxic air pollutant ambient air standards. Forthese reasons, the Board requests the Department to prepare and present a report to the Board within five years ofthe effective date ofthe toxic air pollutant permitting requirements. The report shall review and evaluate the implementation ofthe toxic air pollutant permitting program, summarize the results ofthe toxic air pollutant inventory gathered pursuant to Part 81, and review scientific and technical progress made in the area oftoxic air pollutants that might facilitate the development oftoxic air pollutant ambient air standards. The Board shall schedule a discussion ofthis report at a regular monthly meeting within three months ofthe publication of this report. [ll-30-95] 40l. DEFINITIONS: In addition to the definitions in Subpart I, the following definitions apply to this Subpart [Il-30-95] A "Best available control technology" means an emission limitation based on the maximum degree ofreduction 

### in emissions ofeach contaminant subject to this Part which the Secretary (or the Board), on a case-by-case basis, taking into consideration the cost ofachieving such emission reduction, and any non-air quality health and environmental impacts resulting from the use ofsuch technology, determines is achievable for the source, through application of measures, processes, methods, systems, or techniques including, but not limited to, measures which I. Reduce the volume ofsuch pollutants through process changes, substitutions ofmaterials, or other modifications, or 2. Enclose systems or processes to eliminate emissions, or 3. Collect, capture ortreat such pollutantswhen released from a process, stack, storage, or fugitive emission point. [ 11-30-95] B. "Existing source" means any source, the construction or modification ofwhich was commenced on or before December 31, 1988. [11-30-95] C. "Fixed capital costs" means that capital needed to provide all the depreciable components. [ 11-30-95] D. "New source" means any source, the construction ofwhich is commenced after December 3I, 1988. Theterm does not include any new source which is integrally related with and integrally connected to the process ofan existing source. The term includes the reconstruction ofan existing source. [ 11-30-95]
20 NMAC 2.72 41 11-14-?8E. 

### "Occupational Exposure Limit" or "OEL" means the eight-hour time weighted average concentration specified for workroom air in "Threshold Limit Values and Biological Exposure Indices for 1986-1987"as adopted by the American Conference of Governmental Industrial Hygienists, or for compounds not assigned an OEL in that document, the minimum detection limit specified in the National Institute for Occupational Safety and Health "Manual ofAnalytical Methods", Third Edition. [11-30-95) F. 

### "Oil and gas 

### production facilities" means facilities for the exploration, development, production, treatment, separation, storage, transport, and sale ofunrefined hydrocarbons, natural gas liquids, and CO, (e.g., major SIC group 13, oil and gas extraction, SIC industry group no. 4612, crude, petroleum, pipeline and SIC industry no. 4922, natural gas transmission). Natural gas processing plants and refineries are not included for purposes ofthis definition. [11-30-95) G. 

### "Reconstruction" means a modification which results in the replacement ofthe components or addition ofintegrally related equipment to an existing source to such an extent that the fixed capital cost ofthe new components or equipment exceeds 50 percent ofthe fixed capital cost that would be required to construct a comparable entirely new facility [11-30-95] H [11-30-95) 

### "Toxic air pollutant" means any air contaminant in Section 502 ofthis Part.
402. 

### APPLICABILITY: A All the requirements ofthis Subpart for toxic air pollutants shall supplement other provisions ofthis Part [11-30-95] B. A permit must be obtained from the Department by any person prior to the construction or modification ofa new source which has total potential emissions ofa toxic air pollutant into the ambient air that exceed the emissi·on level in pounds per hour specified in Section 502, and one or more ofthe following conditions are met: I. Thetoxic air pollutant is listed under applicable primary and secondary SIC codes appropriate for the source in the US EPA SIC/Pollutant Index (Appendix BinPart 81 ); or 2. The toxic air pollutant is known by the owner or operator to be emitted into the ambient air because of:
a. Information from material safety data sheets and hazard labelling required under the OSHA Hazard Communications Standard 29 CFR 1910.1200, or

20 NMAC 2.72 42 11-14-98b. Information from reports required under the Federal Emergency Planning and Community Right-to-Know Act of 1986, P L 99-499, Title III, Sections 300-330, or
c Other information reasonably available to the owner or operator based on the source's obligations under other regulatory programs; or 3. The toxic air pollutant is identified by the Department on or before the date the application is determined to be complete, as likely to be emitted from a source. The Department shall also provide the owner or operator a reasonable basis to support the beliefthat the source will emit such toxic air pollutant. [11-30-95] C The following classes ofsources are exempt from the permitting requirements for toxic air pollutants Gasoline Service Stations SIC No. 5441 2. Automotive Repair Shops- SIC No. 753 3. Laundry, Cleaning, and Garment Services- SIC No. 721 4. Domestic Woodstoves and Fireplaces 5 Oil and Gas Production Facilities 6. Agricultural Production- Crops, SIC No 0I 7 Agricultural Production- Livestock, SIC No. 02 8. Agricultural Services- SIC No 07 9. Containers, such as tanks, barrels, drums, cans and buckets, unless equipped with a vent that emits or may emit any toxic air pollutant, which are used in connection with the operation, maintenance or repair ofa stationary source. 10. Non-process fugitive emissions oftoxic air pollutants from stationary sources, such as construction sites, unpaved roads, coal piles, tailings piles, waste piles, and fuel and ash handling operations. [11-30-95] D An exemption or exclusion from the permitting requirements for toxic air pollutants does not relieve a source from any other requirements in this Part. [11-30-95] 403 CONTENTS OF APPLICATION:

211 NMAC 2.72 43 11-14-98A In addition to the requirements in Section 203, a permit application for the emission ofa toxic air pollutant shall identifY all toxic air pollutants that may be emitted in excess ofthe screening level (specified in pounds per hour) in Section 502 and provide air quality modeling, in accordance with methods approved by the US EPA or the Department, that estimates ambient concentrationsthat would be caused by the proposed emissions. The modeling for the toxic air pollutants will include available emissions supplied by the Department from registration and permitting information from all registered or permitted sources in the area ofthe source being permitted. [11-30-95] B. Ifthe modeling shows that the eight-hour average ambient concentration ofthe toxic air pollutant exceeds one-one hundredth ofthe OEL and the toxic air pollutant is not identified as a known or suspected human carcinogen in Section 502, Table B, the permit application shall include a health assessment for the toxic air pollutant under consideration. The assessment shall include consideration ofthe following I. Source to potential receptor data and modeling; 2. Relevant environmental pathway and effects data; 3. Available health effects data such as:
a. Functional diseases; b. Mutagenicity data as an index ofgenotoxic effects including heritable diseases;
c Reproductive effects data; d. Other diseases, and 4 An integrated assessment ofthe human health effects for projected exposures from the applicant's facility. The assessment should use existing relevant data obtained from epidemiological studies, controlled human exposure studies, laboratory animal studies, and studies using tissues and cells. [11-30-95] C. Ifthe toxic air pollutant is identified as a known or suspected human carcinogen in Section 502 and air quality modeling shows that the eight-hour average concentration ofthe toxic air pollutant exceeds one-one hundredth ofthe OEL or the minimum detection level in Section 502, the permit application shall include information necessary to demonstrate the source will install the best available control technology to control that pollutant. [11-30-95] 404. PUBLIC NOTICE AND PARTICIPATION: In addition to the requirements of Section 206 [11-30-95]

20NMAC 2 72 44 11-14-98A The Department shall meet with the applicant during the permit application process, prior to declaring the application complete, to discuss the need for additional data and information not initially submitted by the applicant; and [11-30-95) B The Department shall promptly advise the applicant ofall medical or other scientific evidence the Department uses to evaluate the health effects ofthe toxic air pollutant emissions and make available to the applicant in a timely manner all information, including all previous decisions on the toxic air pollutant in question. [11-30-95) 405. PERMIT DECISIONS: In making its decisions, the Department shall consider emissions after controL [11-30-95) A Ambient concentrations not exceeding one-one hundredth ofthe OEL or the minimum detection level for compounds without an OEL: Ifthe Department finds that the eight-hour average concentration ofthe toxic air pollutant in the ambient air does not exceed one-one hundredth ofthe OEL, or for compounds without an OEL, the minimum detection levels as shown in Section 502, the Department shall grant the permit. The administrative screening level ofone-one hundredth the OEL and the OEL shall not be a basis for denying a permit and shall not constitute an ambient air quality standard. [11-30-95) B. Ambient concentrations exceeding one-one hundredth ofthe OEL orthe minimum detection level for compounds without an OEL for substances identified as known or suspected human carcinogens in Section 502: Ifthe toxic air pollutant being considered is identified as a known or suspected carcinogen in Section 502, Table B, and the Department finds the eight-hour concentration ofthe toxic air pollutant in the ambient air exceeds one-one hundredth ofthe OEL, or for compounds without an OEL, the minimum detection leveL the Department shall grant the permit ifthe applicant implements the best available control technology to control that pollutant. [11-30-95) C Ambient concentrations exceeding one-one hundredth ofthe OEL for substances not identified as carcinogens in Section 502 I. Ifthe applicant has been required to prepare a health assessment under Section 403.B, the Department shall prepare a Summary Review Statement (SRS) which indicates the Department's opinion ofthe adequacy ofthe applicant's health assessment. The SRS will include a summary recommendation on whether the issuance ofa permit will orwill not with reasonable probability injure human health.

·**--~** 2. Ifthe applicant does not agree with the recommendation contained in the SRS, the applicant's assessment and the SRS will be provided to the Air Toxics Scientific

20 NMAC 2.72 45 11-14-98Advisory Committee (ATSAC). The ATSAC will be composed offive members appointed by the Secretary. They will include physicians, toxicologists, industrial hygienists, or others knowledgeable ofthe potential health and environmental effects ofair pollution. The committee will include at least one member nominated by the applicant. The ATSAC will review the applicant's assessment and the SRS in a public meeting. The ATSAC shall provide a letter to the Secretary stating: (I) whether the submitted documents provide a scientifically adequate basis to determine whether the proposed source will with reasonable probability injure human health and (2), ifthe documents do provide an adequate basis, whetherthe proposed source will with reasonable probability injure human health. Ifthe documents are scientifically inadequate, the ATSAC shall return them to the Department and indicate their inadequacies. 3. The Department will make a final decision on the issuance ofthe permit after consideration ofthe following factors:
a. The nature ofthe toxic air pollutant and the size, susceptibility, and proximity ofthe human population; b. The pathways ofhuman exposure (e.g., ingestion, inhalation, skin absorption),


### c The short term and long term health effects associated with the toxic air pollutant at levels ofexposure commensurate with the anticipated exposure level; d. Existing epidemiological data on health effects associated with the anticipated levels ofexposure;
e. The character ofthe land use ofthe predicted area ofimpact (e.g., residential, industrial, and recreational); and f The scientific adequacy ofthe health and environmental assessment submitted by the applicant and the recommendation ofthe A TSAC. The Department shall not rely on the OEL or on the administrative screening level ofone-one hundredth the OEL, and it shall not be bound by prior permit decisions when considering pending applications. 4. The Department shall deny any application for a permit evaluated under Section 405.C ifthe source will emit a toxic air pollutant in such quantities and duration as may with reasonable probability injure human health. [11-30-95, 11-14-98] D. The Department shall document, in the administrative record, all processes, facts, and reasoning relied on in making the permit decision, including citations to the relevant technical data, publications, and expert opinions considered.

20 NMAC 2.72 46 11-14-981. The final deliberations ofthe ATSAC shall be open to the public. Except for requests by members ofthe A TSAC for input from the applicant or Department, no other comments from the applicant. Department, or audience shall be allowed during final deliberations 2. Prior to a final decision, the ATSAC members may communicate among themselves in order to facilitate the evaluation process. However, all A TSAC members shall be apprised ofsuch communications. 3. Priorto a final decision, the ATSAC members may also communicate with the Department and applicant in order to clarify information or secure additional information concerning the applicant's health assessment or the Department's SRS. The Department, applicant, and all ATSAC members shall be apprised ofsuch communication. [Rn, 20 NMAC 2 72405 CS, 11-14-98] 406

- 499. [RESERVED)

20 NMAC 2.72 

### 47 11-14-98SUBPART V- APPENDIX
500 TABLE I- SIGNIFICANT AMBIENT CONCENTRATIONS
Pollutant Averaging Time Total Suspended Particulate 1.0 ug/m3 (Annual) 5.0 ug/m3 (24-hour) PMIO I 0 ug/m3 (Annual) 50 ug/m3 (24-hour) Sulfur Dioxide I 0 ug/m3 (Annual) 5.0 ug/m3 (24-hour) 25.0 ug/m3 (3-hour) Hydrogen Sulfide 1.0 ug/m3 ( 1-hour) 5.0 ug/m3 (1/2-hour) Carbon Monoxide 0.5 mg/m3 (8-hour) 2.0 mg/m3 ( 1-hour) Nitrogen Dioxide I 0 ug/m3 (Annual) 5.0 ug/m3 (24-hour) Non-Methane Hydrocarbons 5.0 ug/m3 (3-hour) Lead 0 03ug/m3 (3-month) [11-30-95] 501. TABLE 2- PERMIT STREAMLINING SOURCE CLASS CATEGORIES I. Reciprocating internal combustion engines including portable or temporary engines 2. Turbines [11-30-95]

20 NMAC 2.72 48 11-14-98502 TOXIC AIR POLLUTANTS AND EMISSIONS: Table A- Noncarcinogens
Emissions SUBSTANCE OEL in pounds mglm' per hour
Acetic acid 25.0 1.67 Acetic anhydride 20.0 1.33 Acetylene dichloride, See I,2-Dichloroethylene Acetylene tetrabromide 15.0 1.00 Acetylsalicylic acid 5.00 0.333 Aldrin 0 25 0.0167 Allyl alcohol 5.00 0.333 Allyl glycidol ether 220 1.47 Allyl propyl disulfide 12 0 0.800 Aluminum

metal & oxide 10.0 0.667 pyro powders 5.00 0.333 welding fumes 5.00 0.333 soluble salts 2.00 0.133 alkyls not otherwise classified 2.00 0.133 2-Aminoethanol, See Ethanolamine 2-Aminopyridine 2.00 0 133 3-Amino I, 2, 4-triazole, See Amitrole Amitrole 0.200 0.0133 Ammonia. 18.0 1.20 Ammonium chloride fume 10.0 0.667 Ammonium sulfamate 10.0 0.667 n-Amyl acetate 530 35.3 Sec-Amyl acetate . 665 44 3 Aniline homologues
. 10.0 0.667 Anisidine (p-isomer) 0.500 0.0333 Antimony as Sb 0.500 0.0333 ANTU. 0.300 0.0200 Asphalt (petroleum) fumes
. 5.00 0.333 Atrazine. 5.00 0.333 Azinphos-mehtyl 0.200 0.0133 Barium, soluble compounds, as Ba
. 0.500 0.0333 Benomyl 1000 0.667
20 NMAC 2.72 49 11-14-98SUBSTANCE
Benzoyl peroxide
. Bismuth telluride

Se-doped
. Borates, tetra, sodium salts

anhydrous decahydrate
. pentahydrate Boron oxide Boron tribromide
. Boron trifluoride Bromacil Bromine Bromine pentafluoride Bromochloromethane, see Chlorobromomethane Butanethiol, see Butyl mercaptan 2-Butoxyethanol n-Butyl acetate sec-Butyl acetate tert-Butyl acetate . Butyl acrylate n-Butyl alcohol Sec-Butyl alcohol tert-Butyl alcohol
. Butylamine tert-Butyl chromate, as CrO, n-Butyl glycidol ether (BGE)
. n-Butyllactate
. Butyl mercaptan o-sec-Butylphenol p-tert-Butyltoluene Cadmium Dusts as Cd

fume as Cd Calcium hydroxide
. Calcium oxide Camphor, synthetic Captafol Carbofuran Carbon black Carbon tetrabromide

- 20 NMAC 2.72 

## so OEL mglm'

5.00 10.0 5.00 100 5.00 100 10.0 10.0 3.00 10.0 0.700 0.700
120 710 950 950 55 0 ISO 305 300 15.0 0 100 135 

### ISO 30.0 60 0.0500 00500 5.00 2.00 12.0 0.100 0.100 3.50 140 Emissions in pounds

per hour
0.333 0.667 0.333 0.0667 0.333 0.0667 0.667 0.667 0.200 0.667 0 0467 0.0467
8.00 47.3 63.3 63.3 3.67 10.0 20.3 20.0 1.00 0.00667 9.00 25.0 0.10 2.00 4.00 0.00333 0.00333 0.333 0.133 0.800 0.00667 0.00667 0.233 0.0933 11-14-98SUBSTANCE
Carbonyl fluoride
. Cesium hydroxide Chlorinated diphenyl oxide Chlorine dioxide Chlorine trifluoride Chloroacetaldehyde
. a-Chloroacetophenone
. Chloroacetyl chloride
. 0-Chlorobenzylidene malononitrile Chlorobromomethane 2-Chloro-1,3-butadiene, see B-Chloroprene Chlorodiphenyl (42% chlorine) Chlorodiphenyl (54% chlorine) 2-Chloroethanol, see Ethylene chlorohydrin 1-Chloro-1-nitropropane Chloropicrin o-Chlorostyrene
. o-Chlorotoluene 2-Chloro-6-(trichloromethyl)pyridine, see Nitrapyrin Chlorpyrifos Chromium metal Clopidol Cobalt as Co

metal, dust & fume Copper

fume dusts & mists, as Cu Cotton dust, raw Crotonaldehyde
. Crufomate Cyanamide. Cyanogen Cyanogen chloride
. Cyclohexane Cyclohexanol
. Cyclohexanone Cyclohexene Cyclohexylamine Cyclonite
. 20 NMAC 2.72 5I OEL mg/m3

5.00 2.00 0.500 0.300 0400 3.00 0.300 0.200 0400 1050 1.00 0.500 10.0 0.700

............ 285 250 0.200 0.500 10.0 0 100 0.100 0.200 1.00 0.200 6.00 5.00 2.00 20.0 0.600 1050 200 100 1015 40.0 1.50 Emissions in pounds

per hour
0.333 0 133 0.0333 0.0200 0.0267 0.200 00200 0 0133 0.0267 70.0 0.0667 0.033 0.667 0.0467 19.0 16.7 0 0133 0.0333 0 667 0.00667 0.00667 0.0133 0.0667 0.0133 0400 0.333 0 133 1.33 0 0400 70.0 13.3 6.67 67.7 2.67 0.100 11-14-98SUBSTANCE
Cyclopentadiene Cyhexatin DDT (Dichlorodiphenyl trichloroethane) Decaborane Demeton Diacetone alcohol I,2-Diaminoethane See Ethylenediamine Diazinon Diborane 2-N-Dibutylaminoethanol Dibutyl phosphate Dichloroacetylene a-Dichlorobenzene I,3-Dichloro-5,5-dimethyl hydantoin I,2-Dichloroethylene Dichlorotluoromethane I,1-Dichloro-1-nitroethane 2,2-Dichloropropionic acid Dicrotophos Dicyclopentadiene Dicyclopentadienyl iron Dieldrin Diethylamine 2-Diethylaminoethanol Diethylene triamine Diethyl ether, see Ethyl ether Diethyl Ketone Diethyl phthalate Ditluorodibromomethane
.. Diglycidal ether (DGE) Diisobutyl ketone
. Diisopropylamine
. Dimethyl acetamide Dimethylamine
. Dimethylaminobenzene, see Xylidene Dimethyl- I,2-dibromo-2-dichloroethyl phospate, see Naled 2,6-Dimethyl-4-heptanone, see Diisobutyl ketone Dinitolmide Dinitrobenzene (all isomers) 20 NMAC 2.72 52 OEL mglm'

200 5.00 1.00 0.300 0.100 240 0.100 0.100 14.0 5.00 0.400 300 0.200 790 40.0 10.0 6.00 0.250 300 10.0 0.250 30.0 50.0 4.00 705 5.00 860 0.500 250 20.0 35.0 18.0

5.00 1.00 Emissions in pounds

per hour
13.3 0.333 0.0667 0.0200 0.00667

16.0 0.00667 0.00667 0.933 0.333 0.0267 20.0 0.0133 52.7 2.67 0.667 0.400 0.0167 2.00 0.667 0.167 2.00 3.33 0.267 47.0 0.333 57.3 0.0333 16.7 133 2.33 1.20

0.333 0.0667 11-14-98SUBSTANCE
3,5-Dinitro-o-toluamide, see Dinitolmide Dioxathion
. Diphenylamine
. Diphenylmethane diisocyanate, see Methylenebisphenyl isocyanate Dipropylene glycol methyl ether Dipropyl ketone
. Diquat Disulfiram Disulfoton 2,6-Ditert butyl-p-cresol Diuron. Divinyl benzene
. Endosulfan Endrin Enzymes, see Subtilisins EPN 2,3-Epoxy-1-propanol, see Glycidol Ethanethiol, see Ethyl mercaptan Ethanolamine
. Ethion Ethyl acetate Ethylamine Ethyl amyl ketone Ethyl bromide Ethyl butyl ketone Ethylene chlorohydrin Ethylenediamine Ethyl ether
.. Ethy formate Ethylidene norbornene
. Ethyl mercaptan . N-Ethylmorpholine Ethyl silicate Fenamiphos
. Fensulfothion
. Fenthion Ferbam Ferrovanadium dust
. Fluorides, as F 20 NMAC 2.72 53 

### OEL 

### mglm'

0.200 10.0 600 235 0.500 2.00 0.100 10.0 10.0 50.0 0.100 0.100 0.500
8.0 0.400 1400 18.0 130 890 230 3.00 25.0 1200 300 25.0 1.00 23.0 85.0 0 100 0.100 0.200 10.0 1.00 2 

## so Emissions in pounds

perhour

0 0133 0667 40.0 15.7 0.0333 0.133 0.00667 0.667 0.667 3.33 0 00667 0 00667 0.0333
0.533 0.0267 93.3 1.20 8.67 59.3 15.3 0.200 1.67 80.0 20.0 1.67 0 0667 1.53 5.67 0.00667 0.00667 0.0133 0.667 0.0667 0 167 11-14-98SUBSTANCE

Fluorine
. Fonofos
... Formamide Formic acid Furfural Furfuryl alcohol Gasoline Germanium tetrahydride Glutaraldehyde Glycidol. Hafnium 2-Heptanone, see Methyl n-amyl ketone 3-Heptanone, see Ethyl butyl ketone Hexachloronaphthalene Hexfluoroacetone 2-Hexanone, see Methyl n-butyl ketone sec-Hexyl acetate ... Hexylene glycol
. Hydrogenated terphenyls
. Hydrogen bromide Hydrogen peroxide 4-Hydroxy-4-Methyl-2-pentanone, see Diacetone alcohol 2-Hydroxypropyl acrylate lndene Indium & compounds as In Iodine Iodoform
. Iron oxide fume (Fe2

### 0,) as Fe Iron pentacarbonyl as Fe Iron salts, soluble, as Fe
. Isoamyl acetate Isoamyl alcohol Isobutyl acetate Isobutyl alcohol IsoocytIalcohol lsophorone diisocyanate lsopropoxyethanol
. Isopropyl acetate . Isopropyl alcohol 20 NMAC 2.72 54 OEL mglm'

2.00 0.100 30 0 9 00 8.00 40.0 900 0.600 0.700 75.0 0.500
0.200 0.700 300 125 5.00 10.0 1.50 3.00 45.0 0.100 100 10 0 5 00 0.800 100 525 360 700 ISO 270 0.0900 lOS 950 980 Emissions in pounds

per hour
0 133 0.00667 200 0.600 0.533 2.67 60.0 0.0400 0.0467 5.00 0.033
0.0133 0.0467 20.0 8.33 0.333 0.667 0.100 0.200 3.00 0.00667 0.0667 0.667 0.333 0 0533 0.0667 35.0 24.0 46.7 10.0 180 0 00600 7.00 63.3 65.3 11-14-98Emissions SUBSTANCE OEL in pounds mg/m3 per hour
Isopropylamine 12.0 0.800 N-Isopropylaniline
. 10.0 0.667 Isopropyl ether 1050 70.0 Isopropyl glycidyl ether (IGE) 240 16.0 Ketene. 0.900 0.0600 Lithium hydride
. 0.0250 00167 Magnesium oxide fume 10.0 0 667 Malathion 10.0 0.667 Manganese as Mn

dust 5.00 0.333 fume 1.00 0.0667 Mesityl oxide
. 60 4.00 Methacrylic acid 70.0 4.67 Methanethiol, see Methyl mercaptan Methomyl 2.50 0.167 4-Methoxyphenol 5.00 0.333 Methyl acetate . 610 40.7 Methyl acrylate 35.0 2.33 Methylacrylonitrile
.. 3.00 0.200 Methylamine 12.0 0 800 Methyl amyl alcohol, see Methyl isobutyl carbinol Methyl n-amyl ketone 235 15.7 N-Methyl aniline 2.00 0 133 Methyl n-butyl ketone 20.0 1.33 Methyl 2-cyanoacrylate 8.00 0.533 Methylcyclohexanol
. 235 15.7 o-Methylcyclohexanone
. 230 15.3 Methyl demeton
. 0.500 0.033 Methylene bisphenyl isocyanate (MDI) 0.200 0.0133 Methylene bis(4-cyclohexylisocyanate) 0.110 0.00733 Methyl ethyl ketone peroxide
. 1.50 0.100 Methyl formate 250 16.7 5-Methyl-3-heptanone, see Ethyl amyl ketone Methyl isoamyl ketone
. 240 16.0 Methyl isobutyl carbinol
. 100 6.67 Methyl isopropyl ketone 705 47.0 Methyl mercaptan 1.00 0.0667 Methyl parathion 0.200 0.0133 Methyl propyl ketone
. 700 46.7

- 20 NMAC 2.72 55 11-14-98
-Emissions SUBSTANCE OEL in pounds mglm3 per hour Methyl silicate 6.00 0.400 a-Methyl styrene 240 16.0 Metribuzin 5.00 0.333 Mevinphos. 0.100 0.00667 Molybdenum as Mo

soluble compounds 5.00 0.333 insoluble compounds 10.0 0.667 Moncrotophos
. 0.250 0.0167 Morpholine 70.0 4.67 Naled
.. 3.00 0.2 Nickel Metal 1.00 0.0667 Nicotine. 0.500 0.0333 Nitrapyrin 10.0 0.667 Nitric acid 5.00 0.333 p-Nitroaniline 3.00 0.200 p-Nitrochlorobenzene 3.00 0.200 Nitroethane 310 20.7 Nitrogen trifluoride 300 2.00 Nitroglycerin 0.500 0.00333 Nitromethane
. 250 16.7 1-Nitropropane 90.0 6.00 Nitrotoluene l 1.0 0.733 Nitrotrichloromethane, see Chloropicrin Nonane 1050
. 70.0 Octachloronaphthalene 0.100 0.0067 Octane. 1450 96.7 Oil mist, mineral 5.00 0.333 Osmium tetroxide as Os
. 0.00200 0.000133 Oxalic acid 1.00 0.0667 Oxygen difluoride 0.100 0.00667 Paraffin wax fume 2.00 0.133 Paraquat respirable sizes 0.100 0.00667 Pentaborane 0.0100 0.000667 Pentachloronaphthalene
. 0 500 0.0333 2-Pentanone, see Methyl propyl ketone Perchloromethyl mercaptan 0.800 0.0533 Perchloryl fluoride
. 14.0 0.933 Phenacyl chloride, see a-Chloroacetophenone Phenothiazine 5.00 0.333 20 NMAC 2.72 56 11-14-98Emissions SUBSTANCE OEL in pounds mglm' per hour Phenyl ether, vapor 7.00 0.467 Phenyl glycidyl ether (PGE) 6.00 0.400 Phenyl mercaptan 2.00 0.133 Phenylphosphine 0.250 0.0167 Phorate 0 0500 0.00333 Phosdrin;see Mevinphos Phosphoric acid 1.00 0.0667 Phosphorus oxychloride
. 0 600 0.0400 Phosphorus pentachloride 1.00 0.0667 Phosphorus pentasulfide 1.00 0.0667 Phosphorus trichloride
. 1.50 0.100 m-Phthalodinitrile 5.00 0.333 Picloram 10.0 0.667 Picric acid 0.100 0.00667 Pindone
. 0.100 0.00667 Piperazine dihydrochloride 5.00 0.333 2-Pivalyl-1,3-indandione, see Pindone Platinum

metal 1.00 0.0667 soluble salts, as Pt 0.00200 0.000133 Potassium hydroxide 2.00 0 133 Propargyl alcohol 2.00 0 133 Propionic acid 30.0 2.00 n-Propyl acetate . 840 56.0 Propyl alcohol 500 33.3 Propylene glycol dinitrate 0.300 0.200 n-Propyl nitrate 105 7.00 Pyrethrum 5.00 0.333 Pyridine
. 15.0 1.00 RDX, see Cyclonite Resorcinol 45.0 3.00 Rhodium

metal 1.00 0.0667 insoluble compounds, as Rh
. 1.00 0.0667 soluble compounds, as Rh 0.0100 0.000667 Ronnel 10.0 0.667 Rotenonetcmnmercial) 5.00 0.333 Selenium as Se 0.200 0.0133 Sesone 10.0 0.667 20 NMAC 2.72 57 11-14-98SUBSTANCE
Silane, see silicon tetrahydride Silicon tetrahydride Silver

metal soluble compounds, as Ag Sodium azide
. Sodium bisulfite
. Sodium 2,4-dichloro-phenoxyethyl sulfate, see Sesone Sodium fluoroacetate Sodium hydroxide Sodium metabisulfite Stibine
. Stoddard solvent Strychnine
. Subtilisins (Proteolytic enzymes as 100%

pure crystalline enzyme) Sulfotep
.. Sulfuric acid Sulfur monochloride Sulfur pentafluoride
. Sulfur tetrafluoride Sulfuryl fluoride
. Sulprofos. Systox, see Demeton 2,4,5-T Tantalum
. TEDP, see Sulfotep Tellurium & Compounds as Te Tellurium hexafluoride as T e Temephos TEPP Terphenyls
. Tetrachloronaphthalene Tetramethyl succinoitrile Tetranitromethane Tetrasodium pyrophosphate
. Tetryl Thallium, soluble compounds, as Tl 4,4-Thiobis (6 tert, butyl-m-cresol) 20 NMAC 2.72 58 OEL mg/m3

7.00 0.100 0.0100 0.300 5.00 0.0500 2.00 5.00 0.500 525 0.150 6.00xl0·' 0.200 1.00 6.00 0.100 0.400 20.0 1.00 10.0 5.00 0.100 0.200 10.0 0.0500 5.00 2.00 3.00 8.00 5.00 1.50 0.100 10.0 Emissions in pounds

per hour

0.467 0.00667 0.000667

0.0200 0.333 0.00333 0.133 0.333 0.0333 35.0 0.0100 4 OOxlo·•

0.0133 0.0667 0.400 0.00667 0.0267 1.33 0.0667 0.667 0.333 0.00667 0.0133 0.667 0.00333 0.333 0 133 0.200 0.533 0.333 0.100 0.00667 0.667 11-14-98SUBSTANCE
Thioglycolic acid Thionyl chloride
. Thiram Tin

metal oxide & inorganic compounds, except

SnH4, asSn organic compounds as Sn m-Toluidine
. Tributyl phosphate
. Trichloroacetic acid
. Trichloronaphthalene
. Trichloronitromethane, See Chloropicrin I,2,3-Trichloropropane Tricyclohexyltin hydroxide, see Cyhexatin Trimellitic anhydride Trimethylamine Trimethyl benzene Trimethyl phosphite
. 2,4,6-Trinitrophenol, see Picric acid 2,4,6-Trinitrophenylmethylnitramine, see Tetryl 2,4,6-Trinitrotoluene (TNT) Triorthosresyl phosphate Triphenyl amine
. Triphenyl phosphate Tungsten as W

insoluble compounds soluble compounds Turpentine
. Uranium (natural) soluble & insoluble

compounds as U n-Valeraldehyde Vanadium, as V20 5 respirable dust & fume Vinyl toluene
. VM & P Naphtha Warfarin Wood dust (certain hard woods as beech & oak)

soft wood m-Xylene a,a-diamine 20 NMAC 2.72 59 OEL mglm'

4.00

.. - ..... 5.00 5.00 2.00 2.00 0.100 9.00 2.50 7.00 5 00 300 0.0400 24.0 125 10.0
0.500 0.100 5.00 3.00 5.00 1.0 560 0.200 175 0.0500 240 1350 0.100 1.00 5 00 0.100 Emissions in pounds

per hour
0.267 0.333 0.333 0.133 0 133 0.00667 0.600 0.167 0.467 0 333 20.0 0.00267

1.60 8.33 0.667
0.0333 0.00667 0.333 0.200 0.333 37.3 37.3 0 0133 11.7 0.00333

16.0 90.0 0.00667 0.0667 0.333 0.00667 11-14-98Emissions SUBSTANCE OEL in pounds mglm' per hour Xylidine. 10.0 0.667 Yttrium 1.00 0.0667 Zinc chloride fume
. 1.00 0.0667 Zinc oxide Fume 5 00 0.333 Zirconium compounds as Zr 5.00 0.333 [11-30-95]

20 NMAC 2.72 60 11-14-98Table B -Known or Suspected Carcinogens
SUBSTANCE
Coal tar volatiles, as benzene solubles B-Naphthylamine
. N-Phenyl-beta-naphthylamine Phenylhydrazine
.. o-Tolidine p-Toluidine Vinyl cyclohexene dioxide FOOTNOTES OEL mg/m3
0.200 0.00300* 5.00** 20.0 I 1.0** 9.00 60.0 Emissions in pounds per hour
0.0133 2.00xJo-• 0.333

1.33 0.733 0.600

4.00

The emissions in pounds per hour in Section 502 were derived using the formula listed below emission level (lbs/hr) = OEL (mg/m3) c- I5 

## * =Compound for which an OEL is not listed by the ACGIH. Value derived by using the miminum detectable level listed in the NIOSH "Manual ofAnalytical Methods", Third Edition. ** =Compound for which an OEL is not listed by the ACGIH and for which there is no chemical specific analytical method listed in the NIOSH "Manual ofAnalytical Methods", Third Edition. A minimum dectable level (MDL) was derived by using the MDL ofa similar compound listed in the NIOSH analytical methods orby assigning the average MDL for a class ofcompounds such as "halogenated hydrocarbons"- In some cases the lowest MDL ofthe whole class was used. [I I-30- 95)

20 NMAC 2.72 61 11-14-98\

Table C- Stack Height Release Correction Factor Sources may choose to use a correction factor for the release height ofemissions for the purpose of determining whether a permit is necessary for the emission ofa toxic air pollutant. To apply the correction go to the table below and find the minimum height ofrelease for the toxic air pollutant and select the correction factor (CF) which corresponds to that figure Ifthe height ofrelease is between two values, the lower number shall be selected; or in the event ofmultiple releases ofthe same substance from different release heights, the source may chooseto use a weighted average CF, weighted by the emission rate at each. The emissions in pounds per hour is then multiplied by the CF (see below). Ifthe emissions from your source exceed the resulting number, you must apply for a permit from the Department. Remember, this must be done for each toxic air pollutant. CF x Emissions in Pounds per Hour where: E - emission rate (pounds per hour) OEL

- occupational exposure limit (mg per cubic meter) CF is a correction factor, shown in the table below, which accounts for release height. Release Height in Meters Less than 

### 3 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 [6-14-94; 8-14-98) 20 NMAC 2.72 

### 62 Correction Factor (CF)*
5 

### 19 41 71 108 152 202 255 317 378 451 533 617 690 781 837 902 1002 1066 1161

11-14-98

# .. State of NewMexico 

## ENnRONMENTDEPARTMENT HaroldRunnels Building GARYE. JOHNSON l/90St. Francis Drive, P.O. Drawer26110 Santa Fe, NewMexico 87502-6110 PETERMAGGIORE Governor Secretary
AirQualityBureau Phone: (505) 827-0031**~827-0045**



## --**~.-"---- Y~** 

# 8\**~-** r·- ' - T.,.,...**~** ' · 1 

### MEMORANDUM••··..

- ' ,',\ \ \ .\ \ "**~** \ 

### DATE: April 9, 1999 

### \\\ po':l 

### I?. \'::199

## ,..~ \

# ~-J TO: Tom Stogner, US EPA, Region 6 

### FROM: · Rita Trujillo 

# (A' SUBJECT: Corrected 20 NMAC 2.70 & 2.72 Enclosed are the meeting notice, agenda and meeting minutes for the Environmental Improvement Board meeting in which the corrections to 20NMAC 2.70 and 20 NMAC 2.72 were approved. Please let me know ifyou have further questions or need additional information. Thanks for your help!

### State 'of 

### NewMexico 

## EnvironmentalImprovementBoard HaroldRunnelsBuilding, Room N-4071 1190 St. Francis Drive P.O. Box26110 Santa Fe, NewMexico 87501 Phone: (505) 827-2842 Fax: (505) 827-2836 

### REVISED AGENDA OF MEETING October 9, 1998 State Capitol Building, Room 317 CornerofPaseo de Peralta and Old Santa Fe Trail Santa Fe, New Mexico 9:00A.M.
The foUowing items are for discussion and/orpossible action: I. 

### Approval ofthe Agenda. 2. Approval ofthe Minutes ofthe August 14, 1998 meeting. GaryE. JohnsQn 

### Governor

3. Petitioner Southwest Organizing Project and Martin Dorado'sUnopposed Motion and Orderto Stay Briefing and Further Proceedings. 4. The New Mexico Environment Department's request for a hearing for consideration ofadoption ofa proposed air quality regulation 20 NMAC 2.76

- At Risk Construction orModification. 5. The New Mexico Environment Department's request for corrections to existing air qualityregulations 20 NMAC 2.70- Operating Pennits; 20 NMAC 2.72- Construction Pennits. 6. New Mexico Environment Department's Motion to Amend EIB's Findings, Conclusions and Order, Em 97-08 (A)- Inthe MatterofAir Quality PennitNo. 1863 Abiquiu Sandand Gravel 7. Next Meeting. 8. Other Business. HEARINGS: Hearing to consider proposedregulatory changes to Air Quality 20 NMAC 2.99

- Conformity to the State ImplementationPlan ofTransportation Plans, Programs, andProjects, and the reformatting ofAirQuality ControlRegulations (AQCRs) 670-671, 673-682 (coal gasification rules) to 20 NMAC 2.43- Gasification Plants

### STATE OF NEWMEXICO CountyofBernalillo 

## ss Bill Tafoya, being duly sworn, declares and says that he is Classified Advertising Manager of The Albuquerque Journal, and that this newspaper is duly qualified to publish legal notices or advertisements within the meaning of Sectioh 3, Chapter 167, Session Laws of 1937, and that payment therefore has been made of assessed as court cost; that the notice, copy of which is hereto attached, was published in said paper in the regular**daq~ition,** for 

# .L tinte_s, the first publication being on the day of 

## \r)

# .b~ :?C---t 1998,and the subseque consecutivepublications on ----**----~C:::=:;'jP="'Jtr---------•** 1998.

me, a Notary Public, in o and State of New Mexico**-.1--"""'~"'--~of** 1998

Statement to come at end of month.

### ·s,tate ofNew Mexico 

## Environmental ImprovementBoard
· HaroldRunnels Building, Room N-4075

1190 St. Francis Drive P.O. Box26110 Santa Fe, NewMexico 87502 Phone: (505) 827-2425 Fax: (505) 827-2836
STATE OF NEW MEXICO ENVIRONMENTAL IMPROVEMENT BOARD MINUTES OF THE REGULAR MEETING OF 

### October9, 1998 GARYE. JOHNSON GOVERNOR



### Chairperson Jimi Gadzia called the regular meeting ofthe Environmental Improvement Board (Board) to order, at the State Capitol Building, Room 317, corner of Paseo de Peralta and Old Santa Fe Trail, Santa Fe, New Mexico at approximately 9:18a.m. Members Present Jimi Gadzia, Chair Laurence H. 

### Lattman, Member David Salopek, Secretary Kevin Sweazea, Member Members Absent Hilary Noskin, Vice-Chair also presentwere: Patrick Simpson Tammy Gonzales Christopher D. Shaw Jim Shively 

### J. David Duran Rita Trujillo EIB Attorney EIB Secretary Dolan & Dominici NMED NMED NMED


### Item 1 - Approval ofthe Agenda. Doug Meiklejohn Jim Nellessen EricAmes Cecilia Williams Lany Weaver Ellen Lang Chris Mechels Abiquiu Citizens NMED NMED NMED NMED Self Self

David Salopek moved to approve the agenda. Kevin Sweazea seconded the motion. The motion passed unanimously. 

### Item 2- Approval ofthe Minutes ofthe August 14, 1998 Meeting. Dr. Laurence Lattman moved to approve the minutes ofthe August 14, 1998 meeting. David Salopek seconded the motion. The motion passed unanimously.

### Item 3 -Petitioner Southwest Organizing Project and Martin Dorado's Unopposed Motion and Orderto Stay Briefing and Further Proceedings. Phil Wardwell, Counsel for the Environment Department, informed the Board that a petition was filed with the Board to review a decision made by the Air Quality Bureau. The Bureau decided that a permit was not required for Constructors Inc., a plant in Carlsbad, New Mexico, because the emissions were so low. Counsel for the petitioner, David Gomez and Mr. Wardwell have filed ajoint motion to stay briefing and further proceedings, and have waived all pending proceedings in this matter in order to facilitate settlement negotiations. Mr. Wardwell asked the Board to approve the Order. David Salopek moves to approve the Order. Kevin Sweazea seconded the motion. The motion passed unanimously. Item 4 - New Mexico Environment Department's Request for a Hearing for Consideration ofAdoption ofa Proposed Air Quality Regulation 20 NMAC 2.76-At Risk Construction or Modification. Lany Weaver, Health Program Managerfor the Air Quality Bureau, briefed the Board on the proposed regulation. She informed the Board that Part 76 was developed with consultation and encouragement from the Trust and Partnering Group Inc. Efforts were made to distribute copies ofthe proposals to a wide variety of people and allow them to providefeedback on this proposed regulation, which allows sources that are subject to construction permits to begin construction before the permit is issued, under specific circumstances. Such circumstances could be delays due to public notice, information that may be required beyond what was needed in the permit application, and the the time to review the additional information. Ifthe Bureau feels that the permit application is okay with a cursory check, the applicant may start construction while the review process is underway. If at any time the Department has trouble orfeels the company cannot operate and still meet regulations, the Department may orderthe company to cease operations. The company will be held accountable for any problems and costs associated with violation ofthe regulations. At any time the company may reapply for a permit and modify it to meet regulation standards. Ms. Weaver states that this regulation is an experiment, but o"ne that the Bureau has had a lot of encouragement in taking on. The Bureau has given it a sunset clause of (2) years. At the end ofthat time it will die, unless the Bureau feels that it is being used, not being abused, and it works. Ifthis is the case, the Bureau or industry may go before the Board and request that the regulation be extended, modified, or adopted permanently.

2

### Ms. Gadzia asked if any comments on this regulation has been received from the environmental sector. Ms. Weaver stated that a large number of environmental companies have been included on every mailing, but the Bureau received a "deafening silence" with regard to this regulation. Ms. Gadzia asked if the motivation for the adoption ofthis regulation is Bureau workload. Ms. Weaver denied this, she stated that a benefit is to have more review up front, but the regulation will not speed up the permit process. The permits this will affect are the ones that are so straight forward, that the company is positive their permit will be approved. One major risk ofthis new regulation is having the company start operations, invest time and money, then discover problems with the permit application. Ms. Gadzia asked about the process the Bureau will follow ifconstruction at a site must be halted. Ms. Weaver stated that the regulation outlines the procedures that must be taken if a problem is found. The company must be notified by certified mail that operation is to be halted. Ifoperation is not halted, the company will be subject to enforcement action and major monetary penalties, and the Department may require the applicantto resubmit their permit. This could further delay construction and motivate the company to make good business decisions by staying in compliance. Dr. Lattman moved to schedule the hearing on January 8, 1999. Kevin Sweazea seconded the motion. The motion passed unanimously. Item 5 - New Mexico Environment Department's request for corrections to existing air quality regulations 20 NMAC 2.70- Operating Permits; 20 NMAC 2.72- Construction Permits. 

### Phil Wardwell, Counsel for the NMED Air Quality Bureau, addressed the Board regarding the corrections. In a past EIB meeting the Air Quality Bureau came before the Board and asked permission to correct a mistake that was made. They left out an exhibit, the Stack Height chart. It was left out in 1995 when the Bureau went through reformatting ofthe regulations as required by the State Records Center. In 

### 20 NMAC part 

### 70 and 

### 72, seven more mistakes were found. Dr. Lattman stated that all the changes he has noted are editorial. Mr. Simpson brought up a substantive change that was discussed on the phone by Mr. Wardwell and him. In the former Air Quality Control Regulation, which was 

### 702.K the paragraphs and sub-paragraphs are numerical. In sub-paragraph 2 it reads, "in the case ofa modification, requirements of this section apply only to the facilities involved in the modification." The reformatted regulations uses an alphabetical system. Now sub-paragraph 2 has become C, itwas given it's own sub-division. Mr. Wardwell explained that the Bureau would like to change the regulation back to the older format. Kevin Sweazea moved to approve the changes. Dr. Lattman seconded the motion. The motion passed unanimously. 3

### Item 6 - New Mexico Environment Department's Motion to Amend EIB's Findings, Conclusions and Order, EIB 97-08 (A) -In the Matter ofAir Quality Permit No. 1863 Abiquiu Sand and Gravel. EricAmes, Counsel for the New Mexico Environment Department, Air Quality Bureau, asked for clarification on the Board'sjurisdiction to consider this motion. Mr. Ames stated that the Department filed a Brief regarding the law and believes that the Board does have the jurisdiction to consider the motion. The motion was filed and fully briefed before the Notice ofAppeal was filed by the petitioner. Again Mr. Ames stated that it is clear the Board does havejurisdiction to consider the motion. Mr. Ames informed the Board that the parties have stipulated to an extension oftime tofile documents with the Court ofAppeals, and the court has granted the extension. This should enable the Board to make a decision and allow the parties to conform their docketing statements to whatever amendments the Board makes to the Final Order. Mr. Simpson clarified what Mr. Ames is requesting. First, there are two issues at hand before the Board. Does the Board havejurisdiction to consider this matter, and assuming it hasjurisdiction, should it amend the Final Order. Mr. Simpson asked the Board ifthey would like to adjourn into executive session to hear his legal advice, or stay in open session. The Board agreed to stay in open session. Mr. Simpson informed the Board that a motion with respect to the Findings is not a motion going toward thejudgement, it is a motion going to the underlying aspects ofthejudgement. The second issue deals with part ofthe litigation strategy. The Orderwas not designed to be affirmable in all cases, it was an honest reflection ofthe evidence. The one Finding that Mr. Ames is disputing is the Finding with respect to fraud. He stated that there is no evidence offraud. The Petitioners state that not only is there some evidence offraud, but compelling evidence offraud. Mr. Simpson told the Board Members that they need to decide whether this is a motion on thejudgement orjust on an underlying factor within the judgement. Second, ifthe Board wishes to accept jurisdiction, they need to decide ifthere was any evidence offraud. Douglas Meiklejohn, Counsel for the Petitioners, stated that they do not take a position on whether the Board hasjurisdictjon. If the Board is going to consider the motion, they would like a chance to address the merits. Mr. Ames asked to clarify a statement that Mr. Simpson gave to the Board. He stated that the Findings of Fact and Conclusions of Law directly supportthejudgement. Withoutthe Findings of Fact and Conclusions of Law there can be no sustainable judgement. So to suggest that a motion directed toward the Findings of Fact and Conclusions of Law is not a motion directed toward thejudgement, is incorrect.

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### Dr. Lattman moved to acceptjurisdiction in this petition. Kevin Sweazea seconded the motion. The motion passed unanimously. Mr. Ames requested the Board clarify a couple issues regarding the Final Order before it is reviewed by the Court ofAppeals. First the Department has moved to delete Finding of Fact 3g, which regards "fraud and abuse" Mr. Ames stated that the Petitioner never alleged fraud or abuse, did not enter evidence offraud or abuse, and do not oppose the motion to delete Finding of Fact 3g. In light ofthis, Mr. Ames urged the Board to remove this finding. Second, Mr. Ames stated that the Board must make a finding offact regarding the Petitioners allegations of misconduct and denial of due process because they failed to introduce evidence demonstrating that the Department engaged in misconduct or denied due process to the public. Mr. Ames urged the Board to adopt Findings of Fact with regard to these allegations. Adopt a Finding of Fact that would read; "The Petitioners failed to introduce evidence demonstrating that the Department mislead the Secretary of Environment regarding alleged flaws in the rough screen modeling analysis." Due to the absence ofthese facts the Department asked that the Board adopt this as a conclusion of Law. The Department has moved that the Board delete the Conclusions of Law 7 and 8. The Board found that the rough screen modeling analysis demonstrated compliance. This Finding is sufficient to support the Final Order and to uphold the conditions ofthe permit. Any Conclusion of Law regarding de novo 

### proceedings is unnecessary and creates an unnecessary ground for appeal. The Department moved to delete the reference to "statutory defect" in Conclusion of Law number 9. The Petitioners opposed the deletion ofthis reference because it may claim they did allege such a defect. The Petitioners never proved a statutory defect. The Department proposes an alternative. Delete the reference to "statutory defect" or make a Finding of Fact that the Petitioner did not prove by a perponderence of evidence, or any evidence, that a statutory defect existed in the Department proceeding below. Mr. Sweazea asked ifthe matter of de novo 

### proceedings were argued during any ofthe numerous hearings held. Mr. Ames stated that he believed the matterwas brought up during Ms. Lang's opening statement. Mr. Ames stated that during this time he made an argument that the rules or statute allow for the introduction of new evidence. That was the only time that the Department mentioned de novo 

### proceedings. He stated that Ms. Lang did call for a motion for a de novo 

### proceeding, which was never ruled on by the Board.



### 5

### Douglas Meiklejohn, Counsel for the Petitioner stated that a motion in limine was filed to prevent introduction of any evidence that was not presented at the public hearing held in Abiquiu. Mr. Meiklejohn stated that the Petitioners position is that the Department's motion should be denied because: The Petitioners do not agree with the Department regarding its statement offraud; it simply takes no position on that point. On misconduct by the Department, the Petitioners presented testimony that the Department became aware offlaws with the rough screen model afterthe public hearing in Abiquiu. Mr. Sweazea said that he recalled at one hearing the Petitioners' did state that the Department knew offlaws in the rough screen model before the hearing in Abiquiu. Mr. Meiklejohn, after conferring with his client, stated that afterthe public hearing in Abiquiu the Petitioners' retained an air quality expert, Bruce Nickolson, who went over the modeling and detected flaws. He presented this to the Department, who atthat time acknowledge problems with the rough screen modeling. Mr. Meiklejohn stated that Ellen Lange was sworn in before her opening statement. Therefore she understood that her testimony would be taken into account and used by the administrative body in its decision. The Department made an objection to Ms. Swingle's testimony because she was not a technical witness. The Petitioners were not aware that one must be a technical witness to testify about the process that had been taken by the Department. The Department objected to Ms. Swingle's testimony on the grounds that it was hearsay, and that objection was not sustained. Mr. Meiklejohn stated that there is no basis under the Board's adjudicatory procedures for excluding evidence. In the matter of the Department's claim that the Petitioners did not introduce evidence regarding the testimony ofTracy f:lughes, the Petitioners did try to introduce that evidence. The Board ruled that she could not testify. Mr. Meiklejohn stated that ifthe Board is inclined to adopt any ofthe Findings by the Department, it would be more accurate to say the Board ruled that the Petitioners could not present that testimony. Mr. Meiklejohn stated that neither Ms. Lang nor Ms. Swingle said that the conduct by the Department violates any section of the New Mexico Air Quality Act orthat this violates due process guaranteed by the Fifth Amendment.

6

### What they said is, there are problems and it is up to the parties counsel to point out to you the manner in which they violate the New Mexico Air Quality Act and the United Stated Constitution and the New Mexico Constitution. The Petitioners' object to the Department request's for a new Conclusion of Law stating that the Petitioners failed to prove by a preponderance ofthe evidence that the Department engaged in misconduct or violated due process. Their position is that they did prove this. Mr. Meiklejohn stated that the Petitioners believe the Board does not have the authority to conduct a 

### de novo hearing. The Department is asking that the Board amend it's Findings and Conclusions to indicate that the Board did not conduct a 

### de novo hearing. The Petitioners' feel this is not accurate and it should not be done. Mr. Ames stated that on it's face the Final Order is sustainable based on the Finding of Fact regarding the rough screen model. That alone is the Departments position. With regard to the two Findings of Fact which were discussed during the oral argument, Mr. Ames stated that it is clearthat Findings of Fact must be based on evidence, orthe lack thereof. The Petitioners' stated that Ms. Lang expected her opening statement to be sworn testimony. Mr. Ames stated that this is a bare assertion, it is what she hoped the Petitioners would show at some point during the hearing. Mr. Ames said that statement only is not a preponderance ofthe evidence. Ms. Swingle's testimony in no way discussed misconduct, denial of due process, orthat the Department mislead the Secretary. Ms. Swingle's testimony is hearsay and in no way relevant to the Findings of Fact. The Petitioners' Counsel stated that Ms. Hughes tried hard to present evidence regarding alleged misconduct and denial ofdue process. Mr. Ames stated that the fact is Ms. Hughes did nottestify at all, therefore there is no evidence in the record. If the Board improperly excluded Ms. Hughes's testimony, the Petitioners can raise this issue in their appeal to the Court ofAppeals. Ifthe Court ofAppeals agreed with the Petitioners, then the Board will hear Ms. Hughes's testimony. The Petitioners' state that the Board did not agree that the Petitioners' evidence carried the day. That alone resolves the matter. Ifthe Board is convinced that the evidence did not carry the day, then it needs to make a Conclusion of Law to that effect. Mr. Meiklejohn stated thatthe Department knew about problems with the rough screen model before the process was complete and did not do anything about this. Ms. Swingle and Ms. Lang testified to that effect, so there was evidence presented. Even if there is only one statement by each ofthem, then there is a preponderance ofthe evidence.

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### Mr. Simpson stated to the Board that what was discussed here today with respect to the rough screen model relates to the Board's deliberations down in Albuquerque, in executive session. Kevin Sweazea moved, pursuant to Section 10-15-1-H-3, NMSA 1978, that the Board go into executive session. David Salopek seconded the motion. Ms. Gadzia called 

### for a vote. Dr. Laurence Lattman Jimi Gadzia David Salopek Kevin Sweazea The motion failed. No No Yes Yes

Dr. Lattman stated that nothing was said in the executive session in Albuquerque that involved personalities, it was all technical discussion and he had no problem repeating this. Mr. Simpson addressed each argument to the Board. Mr. Ames requested Conclusions of Law and Findings with respect to denial ofdue process. That was resolved through the Findings with respect to the taking of new evidence. Because the specific due process issuewas the adequacy ofthe process below, the specific resolution in the Findings and Conclusions covered this. Mr. Lattman stated that the Board did notfind any evidence that due process was denied the first time, and they cured any possible lack of due process. With respect to the 

### de novo nature ofthe hearing, the initial posture ofthe Department was to admit the fine screen model information, and they were prepared to present that. 

### Itwas after the rough screen model was presented and shown that the permittee had met its threshold that they no longerwanted the information in. Mr. Simpson stated that Mr. Meiklejohn was accurate when he said that the Department was advocating a 

### de novo hearing. Mr. Lattman said that he personally thought that the hearing was 

### de novo. Mr. Simpson informed the Board that the regulations clearly state that the Board will take evidence. Mr. Simpson addressed a specific argument made by Mr. Ames. The Findings do state that the rough screen model demonstrated compliance. During deliberations the Board was comfortable with the rough screen model's demonstration ofcompliance only because ofthe corroboration ofthe fine screen model. Mr. Lattman agreed with this statement.

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### With respect to the finding offraud, Mr. Simpson stated that none ofthe Board Members was convinced that there was evidence approaching a preponderance of fraud, but a few circumstances made them uncomfortable. Ifa reviewing court decides that there is a piece of evidence that would logically demonstrate some kind of misrepresentation or omission, the appeal will come backto the Board. Mr. Lattman refered to 3g where it stated that the evidence offraud or abuse in connection with the rough screen model did not clearly and convincingly demonstrate the elements offraud. Mr. Simpson stated that clearly and convincingly is a burdensome phrase. It implies that there is evidence all the way up to, butjust short of clear and convincingly. He has seen cases reversed because the burden of proofwas not stated, and the court assumed that the wrong burden of proof was used. As an adjudicatory body, the Board must state its burden of proof, and that is what the phrase clearly and convincingly does. Mr. Sweazea asked Mr. Simpson if he had concerns that the Court ofAppeals would send the appeal back because the Board used clearly and convincingly as a standard, instead ofa preponderance. Mr. Simpson says that he does. Mr. Sweazea moved that the Board's Findings and Conclusions accurately reflect the decision the Board made. David Salopek seconded the motion. Dr. Lattman asked if the Board is moving to let the Order stand, verbatim as is. Kevin Sweazea confirmed this. Mr. Sweazea also stated for the record that he believes the issue offraud was not proven even by a preponderance. Dr. Lattman agreed, and asked ifthere is anything the Board can do to strengthen the order on this issue. Mr. Sweazea said an additional Finding stating that there was no credible evidence could be submitted. David Salopekwithdrew his second, and Kevin Sweazea withdrew his motion. Mr. Simpson gave the Board a different wording to the additional Finding. "There was no credible evidence offraud or abuse by the Department in connection with the flaws in the rough screen model." Kevin Sweazea moved that the Board substitute this phrase in paragraph 3g of its Findings of Fact. Dr. Lattman seconded the motion. Ms. Gadzia asked the Board secretary to call roll on the motion. Dr. Lattman Yes Jimi Gadzia Yes David Salopek Yes Kevin Sweazea Yes The motion passed unanimously.
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### Kevin Sweazea moved that with the amendment the Boardjustvoted on, the remainder ofthe Deparments motion be denied. Dr. Lattman seconded the motion. Jimi Gadzia asked the Board secretary to call roll.
Dr. Lattman Yes Jimi Gadzia Yes David Salopek Yes Kevin Sweazea Yes The motion passed unanimously. Item 

### 7 • Next Meeting. The Board secretary reminded the Board that the record in 20 NMAC 4.2 and 4.3, Hazardous Waste Fees, was left open for 45 days, which ends on October 19, 1998. The Board will have to meetto deliberate and possibly rule on this issue. The members decided to tenatively schedule this for the December 11, 1998 meeting, unless counsel for the parties wish to place it on the November 13, 1998 agenda. Item 8 · Other Business. Chris Mechels declared his objection to the Board regarding the New Mexico Environment Department's representation in the Abiquiu Sand and Gravel matter. Mr. Mechels stated that he did not receive a notification in the matter ofthe adoption of 20 NMAC 2.76, At Risk Construction or Modification and did not know ofanyone that did. He stated that this piece of legislation is highly adverse to the public interest. The Board stated that it would like to hold all future winter meetings at 9:30a.m. and have these meetings take place in Albuquerque. Kevin Sweazea moved to recess the meeting and move into the hearing. David Salopek seconded the motion. The motion passed unanimously. HEARINGS: Member Kevin Sweazea called the Hearing to order, it began at Approximately 11:10 a.m.

10 ,•

### ' ' 

# .. The Board held a hearing to consider proposed regulatory changes to Air Quality 20 NMAC 2.99 -Conformity to the State Implementation Plan ofTransportation Plans, Programs, and Projects, 

### and the reformatting ofAir Quality Control Regulations (AQCRs) 670-671, 673-682 (coal gasification rules) to 20 NMAC 2.43- Gasification 

### Kevin Sweazea moved to approve the suggested reguations. David Salopek seconded the motion. Jimi Gadzia asked for a roll call. Dr. Lattman Yes Jimi Gadzia Yes David Salopek Yes Kevin Sweazea Yes Dr. Lattman moved hJ 

### adjourn. The transcript of the hearing is available from Kathy Townsend Court Reporters (505) 243-5018. Court Reporter: Cheryl Arreguin

--DavrCI,Salopek, Secret#Y

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