## TECHNICAL SUPPORT DOCUMENT

Amendments to 20.11.61 NMAC Permits – Prevention of Significant Deterioration §§ 20.11.61.7

Submitted by the Governor of NM on December 15, 2010



## August 24, 2011

FOR FURTHER INFORMATION CONTACT: Mr. Mi ke Miller, United States Environmental Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-7550.

### 2 Subject : Review of Revisions to the Albuquerque/Bernalillo County, New Mexico Prevention of Significant Det erioration Program submitted December 15, 2010

Contents:
I. Executive Summary
II. Technical Review of State Submittal

V. 

### Conclusion

### 3 I. Executive Summary

What actions are evaluated in this Technical Support Document?

This technical support document (TSD) revi ews revisions to the New Mexico State Implementation Plan (SIP) for the Albuquerque/Bernalillo County Prevention of Significant Deterioration (PSD) Program. This review will determine if the PSD program revisions are consistent with the requirements of the Clean Air Act and EPA’s policy and guidance.

December 15, 2010

• On December 8, 2010, the Albuquerque/Bernalillo County Air Quality Control Board (AQCB) adopted revisions to the Albuquerque/B ernalillo County PSD program to implement the GHG Tailoring Rule thresholds at 20.11.61.7 New Mexico Air Code (NMAC) by adding the definitions of “greenhouse ga s” and “subject to regulation”, revising the definition of “regulated new source review pollutant”, and renumbering all ot her definitions as appropriate. Additional revisi ons to the Albuquerque/Bernalil lo County PSD program wereadopted at 20.11.61.11, 20.11.61.12, 20.11.61.20, and 20.11.61.27 NMAC to update crossreferences to the newly adopted PSD defin itions, and at 20.11.61.6 to simplify the language.
Governor Bill Richardson submitted these revisions to EPA as a SIP revision in a letter dated December 15, 2010.

• On December 8, 2010, the Albuquerque/Bernalillo County Air Quality Control Board also adopted revisions to the Albuquerque/Bernalillo County PSD program general provisions at 20.11.1 NMAC, and to the Albuquerque/Bernalillo County Title V program to implement the GHG Tailoring Rule thresholds at 20.11.42 NMAC. Governor Bill Richardson also
submitted these revisions to EPA in a le tter dated December 15, 2010. EPA will take separate action at a later date and in a separate rulemaki ng on the revisions to the PSD general provisions, and on the revisions to the Albuquerque/Bernalillo County Title V program; therefore this TSD will not review th e 2010 revisions to the PSD general provisions or the Albuquerque/Bernalillo County Title V program.

• The submitted revisions predate and therefore do not implement further revisions to the tailoring rule that were finalized on July 20, 2011 at 76 FR 43490. Those revisions deferred regulation of certain CO2 emissions from bioe nergy and biogenic sour ces for a period of three years. As explained in that rule’s pr eamble, each permitting authority may decide if it wishes to adopt the deferral and proceed with program changes, and program changes are not required in response to the rule. EPA ha s recommended that permitting authorities communicate with the stationary sources under their jurisdic tion regarding whether they intend to adopt the deferral, and if they do, when it will be effective.

What action has EPA taken on the Albu querque/Bernalillo County PSD Program?

The Albuquerque/Bernalillo Count y PSD program is fully SIP- approved through the December 14, 2005, SIP submission to EPA, effective on January 23, 2006. EPA approved these submitted revisions to the PSD program on April 26, 2007, at 72 FR 20728.

### 4 II. Technical Review of State Submittal

This technical review of the Decem ber 15, 2010, submitted revisions to the Albuquerque/Bernalillo County PSD program at sections 20.11.61.6, 20.11.61.7, 20.11.61.11, 20.11.61.12, 20.11.61.20, and 20.11.61.27 NMAC consists of a comparison between the relevant CAA requirements a nd the corresponding s ections in the SIP
submittal. The SIP submittal is first review ed for completeness as a SIP submittal under Part 51, Appendix V. Next, a section-by-secti on review of the submittal in comparison to 40 CFR Part 51 is presented to determine whether the submittal satisfies the requirements for preparation, adoption, and submittal of a SIP revision. Then the proposed SIP revisions to 20.11.61.7 are analyzed line-by- line to ensure the GHG Tailoring Rule requirements are implemented correctl y. The proposed revisions to 20.11.61.6, 20.11.61.11, 20.11.61.12, 20.11.61.20, and 20.11.61.27 NMAC are analyzed with respect to the current SIP-approved PSD program. Finally, a comparison of the SIP revisions with section 110(l) of the CAA is presented to determine whether the revisions interfere with any applicable CAA provisions. Thes e analyses produce a written evaluation that
will be used to make a determination of whet her or not the PSD program revisions in the December 15, 2010, SIP submittal are in agreemen t with the CAA, other EPA policies or guidance.

A. Evaluation of the December 15, 2010 SIP Submittal 1. Part 51, Appendix V Completeness Determination 2. Review with respect to Part 51 3. Review with respect to the GHG Tailoring Rule Requirements 4. Review with respect to the curr ent SIP-approved Albuquerque/Bernalillo County PSD Program 5. Review with respect to Section 110(l) of CAA

### 5 A. Evaluation of the December 15, 2010 SIP Submittal

1. Evaluation of the December 15, 2010 SI P Submittal with respect to Appendix
V to Part 51

The criteria for completeness determination are found in Appendix V to Part 51 - Criteria for determining the completeness of plan submissions and ar e outlined below:

1.0 Purpose: This appendix V sets fort h the minimum criteria for determining whether a State implementation plan submitted for consideration by EPA is an official submission for purpos es of review under § 51.103.

1.1 The EPA shall return to the submitting offi cial any plan or revision thereof which
fails to meet the criteria set forth in this appendix V, and request corrective action, identifying the component(s) absent or in sufficient to perform a review of the submitted plan.

1.2 The EPA shall inform the submitting offici al whether or not a plan submission meets the requirements of this appendix V within 60 days of EPA's receipt of the submittal, but no later than 6 months after the date which the State was required to submit the plan or revision. If a comple teness determination is not made by 6 months from receipt of a submittal, the submittal shall be deemed complete by operation of law on the date 6 months from receipt. A determination of completeness under this paragraph means that the submission is an official submission for purposes of §51.103.

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

### 6 SIP Completeness Checklist for the December 1, 2010 SIP Submittal

Administrative Materials (2.1)

1. The package is sent with a formal submitta l letter from the Governor or his or her designee requesting EPA's approval of the revision.

The SIP revision was submitted by a lette r from Governor Bill Richardson, dated December 15, 2010. The SIP submittal was received by EPA Region 6 External Affairs on December 29, 2010.

2. Evidence is included that the State has a dopted the revision in the State code or body of regulations, or that the State ha s issued the permit, order, consent agreement (hereafter document) in final fo rm. This evidence would include the date of adoption or final i ssuance and the effective date of revision, if different from adoption/issuance date.

The revisions were adopted by the Al buquerque/Bernalillo County Air Quality Control Board on December 8, 2010, effective on January 10, 2011.

3. Evidence is included that the State has necessary legal authority under State law to adopt and implement the revision, e .g., a citation of the appropriate State authority.

The Albuquerque/Bernalillo County Air Qua lity Control Board is authorized to adopt the amendments to NMAC 20.11.61. Pursuant to the New Mexico Air Quality Control Act (AQCA), § 74-2-4, “A county or municipality...may assume jurisdiction as a local authority by a dopting an ordinance providing for the local administration and enforcement of the Air Quality Contro l Act.” Pursuant to the AQCA, § 74-2-5(C)(1)(a), the PSD regulati ons “shall be...at least as stringent as required by the federal act and federal regulations...pertaining to prevention of significant deterioration...” Pursuant to the Revised Ordinances of Albuquerque 1994, § 9-5-1-4(B)(1), and Bernalillo County Ordi nance 94-5, § 4(B)(1) the Board may adopt regulations to “prevent or abate air pollution...within the geographic area of the Board’s jurisdiction...”

4. A copy is included of th e actual regulation or docum ent submitted for approval and incorporation by reference into the SI P including an indication of the changes made to the existing approved plan wher e applicable. The submittal shall be a copy of the official State regulation document signed, stamped, and dated by the appropriate State official i ndicating that it is fully enforceable by the State. The effective date of the regulation document shall, whenever possible, be indicated in
the document itself.

The December 15, 2010, submittal included a copy of the official State regulation document, signed, stamped, and dated by Jens Deichmann, Board Chair.

### 7 5. Evidence is included that the State followe d all the procedural requirements of its
laws and/or its constitution in conducti ng and completing the adoption/issuance of the plan.

The SIP submittal was developed pursuant to 40 CFR 51.104.

6. Evidence is included that public noti ce was given of the proposed changes consistent with the procedures approved by EPA, including the date of publication of such notice, (e.g., notarize d or certified copies of any public notices published in newspapers). (The notice should be at least 30 days prior to the public hearing(s)).

Notices of public hearing were published in the following newspapers on the
dates listed:

• The Albuquerque Journal: October 17, 2010

• The New Mexico Register: October 29, 2010 Notice was also provided in an e-mail sent to the air quality li st serve on October 14, 2010.

A public hearing was held in Albuquerque, NM on December 8, 2010.

7. A certification is included indicating that public hearin g(s) was/were held in accordance with the information provided in the public notice(s) and the State's laws and constitution, if applicable.

A transcript of the December 8, 2010, he aring was included that provided evidence the hearing was conducted pu rsuant to the Albuquerque/Bernalillo County Air Quality Control Board’s rulemaking procedures.

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

The SIP submittal package did include a compilation of comments. NMED received written testimony from two parties during the comment period, including EPA Region 6.

Technical Support (2.2)

The State should include the following techni cal information in its SIP revision request package.

1. Identification of all regu lated pollutants affected by the revision is included.

• The revisions to the Albuquerque/B ernalillo County PSD program apply to all pollutants regulated under th e PSD program. Specifically, the

### 8 revisions to 20.11.61.7 NMAC adopt and impl ement the PSD provisions to regulate GHGs above certain thresh olds in EPA’s Tailoring Rule.

2. Identification of the locations of affected sources including the EPA
attainment/nonattainment de signation of the locations and the status of the attainment plan for the aff ected area(s) is included.

The SIP submittal amends the existing PSD program that applies to Bernalillo County, NM. Bernalillo County is currently designated as an attainment area for CO under a Limited Maintenance Plan (LMP). This designation was published in the Federal Register on July 21, 2005 [Vol. 70, No. 139, 41963-7].

3. Quantification of the changes in SIP allowable emissions from the affected sources is included. (Examples include estimates of changes in current actual
emissions from affected sources and/or , where appropriate, quantification of changes in actual emissions from affect ed sources through calculations of the
differences between certain baseline levels and allowable emissions anticipated if the revisions were approved.)

The SIP submittal amends the existing PS D program. Quantification of changes in the SIP allowable emissions from the affected sources is not necessary for inclusion. Any new sources of GHG emi ssions subject to re gulation under the PSD program will follow the SIP-approved PSD permitting process.

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and visibility as applicable would be pr otected if the revision were approved and implemented.

The SIP submittal amends the existing PSD program to adopt and implement the GHG Tailoring Rule thresholds. There is no demonstration included that the NAAQS/PSD increments/RFP demonstration and visibility are protected because there are no current NAAQS or increment for GHGs and the GHG thresholds will not interfere with RFP or visibility.

5. FOR REDESIGNATIONS:

a. Is there a fully approved maintena nce plan for the primary ambient air quality standards for at least 10 years as requir ed by §175A of the Clean
Air Act?

Not applicable.

b. Are contingency measures included?

Not applicable.

### 9 6. Modeling information, if app licable, is required to s upport the proposed revision.

Modeling information is not necessary to support this SIP revision.

7. Evidence is included where necessary, that emission limitations are based on
continuous emission reduction t echnology (e.g., add-on controls, industrial/process equipment designs, reformulated materials, etc.).

This SIP submittal amends the existing PSD program to adopt and implement the GHG Tailoring Rule thresholds. Any requi rements for emission limitations or emission reduction technology for GHGs will be implemented pursuant to the SIP-approved PSD permitting program.

8. Evidence is included indicating that a SI P revision contains emission limitations, work practice standards, and recordk eeping/reporting requirements to ensure
stated emission levels.

This SIP submittal amends the existing PSD program and does not contain or
revise emission limitations or workplace standards.

9. Compliance/enforcement strategies including how compliance will be determined in practice (including at what frequency).

The SIP submittal amends the existing PSD program to adopt and implement the GHG Tailoring Rule thresholds. The comp liance strategies previously reviewed and approved by EPA will continue to apply to the regulation of GHGs under the Albuquerque-Bernalillo County PSD program.

10. As appropriate, special economic and tec hnological jus tifications are included per applicable EPA policies or an explana tion why such justifications are not necessary should be included. For exampl e, requests for alternative RACT may require such justification.

These justifications are not n ecessary for this SIP revision.

The December 15, 2010, SIP submittal meets th e completeness criteria established in 40 CFR part 51, Appendix V.

### 10 A. Evaluation of the December 15, 2010 SIP Submittal

2. Evaluation of the December 15, 2010 PSD revisions with respect to 40 CFR
51

Requirements for the preparation, adoption, a nd submittal of implementation plans can be found in 40 CFR Part 51. The December 15, 2010, PSD revisions were evaluated against the applicable requirements in Part 51. This analysis is included in Table II-A2 below.

Table II-A2: Analysis of Part 51 Requirements

Part 51 – Requirements for Preparation, Adoption, and Submittal of Implementation
Plans PSD Program Revisions 20.11.61.6, 20.11.61.7, 20.11.61.11, 20.11.61.12, 20.11.61.20 and 20.11.61.27 NMAC

Subpart A – Emission Inventory Reporting Requirements The revisions to the Albuquerque/Bernalillo County PSD program do not revise the existing emission inventory reporting requirements.

Subparts B – E [Reserved] Not applicable. Subpart F – Procedural Requirements Subpart F – Procedural Requirements § 51.100 Definitions § 51.100 is not applicable to the SIP submittal under
review in this TSD. § 51.101 Stipulations § 51.101 is not applicable to the SIP submittal under
review in this TSD. § 51.102 Public Hearings

• States must conduct one or more public hearings

• Public hearings will only be held after reasonable notice, given at least 30 days prior to the date of the hearing

• The state must submit with the revision a certification that the hearing was held in
accordance with this section • AQCB held a public hearing on December 8, 2010, in Albuquerque, New Mexico.

• The public hearing was held after reasonable notice was given. AQCB published notice of the public hearing in the following newspapers
on the dates listed below:

• October 17, 2010 in The Albuquerque Journal;

• October 29, 2010 in The New Mexico Register;

• ACQB submitted a certification that the public hearings were held in accordance with §
51.102. § 51.103 Submission of plans, preliminary review of plans

• The state makes an offici al plan submission to EPA only when the submission conforms to the requirements of Part 51, Appendix V.

• The state delivers 5 copies of the plan with a letter giving notice of the action to the EPA regional office. Please see section II.A of this TSD for the evaluation of this SIP revision with respect to the Part 51, Appendix V Checklist.

The SIP submission meets the requirements for completeness.

§ 51.104 Revisions

• States may revise the plan from time to time

• EPA will approve revisions only after appropriate public hearing requirements have
been met

• Revisions must be submitted in accordance Governor Richardson submitted the revisions to the PSD program on December 15, 2010. This SIP revision, as demonstrated previously in this table and section II.A of this document, has satisfied the public hearing requirements of § 51.102 and the requirements of § 51.103.

### 11 with 51.103 Subpart G – Control Strategy Subpart G – Control Strategy § 51.110 Attainment and Maintenance of National
Standards Requirements found in § 51.110 are not applicable
to the SIP submittal under review in this document. There are no primary or secondary national
standards for GHGs. § 51.111 Description of Control Measures Requirements found in § 51.111 are not applicable
to the SIP submittal under review in this document. The revisions to the PSD permitting program will follow the SIP-approved requirements for enforcement and monitoring of the PSD program. § 51.112 Demonstration of Adequacy Requirements found in § 51.112 are not applicable
to the SIP submittal under review in this document. There are no primary or secondary national
standards for GHGs. § 51.113 Reserved Not applicable. § 51.114 Emissions Data and Projections Requirements found in § 51.114 are not applicable
to the SIP submittal under review in this document. Revisions to an existing, SIP-approved PSD program do not need to provide a detailed emission inventory and summary of projected emission levels after the implementation of control strategies. § 51.115 Air Quality Data and Projections Requirements found in § 51.115 are not applicable
to the SIP submittal under review in this document. Revisions to an existing, SIP-approved PSD program do not need to include data on existing air quality or summarize expected air quality impacts from the implementation of control strategies. § 51.116 Data Availability

The State must make available to the public all data
and calculations used in the preparation of each plan or plan revision.

Each plan must provide for public availability of emission data reported by source owners or operators. Requirements found in § 51.116 are applicable to
the SIP submittal under review in this document.

The AQCB provided the public the opportunity to participate in stakeholder meetings in the rulemaking development process, and the public received comment periods on the proposed plan.

§ 51.117 Additional provisions for lead Requirements found in § 51.117 are not applicable
to the SIP submittal under review in this document. The revisions to the PSD program under review in this document do not revise the ability to permit
lead under the existin g PSD program. § 51.118 Stack Height Provisions Requirements found in § 51.118 are not applicable
to the SIP submittal under review in this document. The revisions to the PSD program for GHGs do not revise the NM SIP stack height provisions; nor are there good engineering stack height provisions for GHG permitting. § 51.119 Intermittent Control Systems Requirements found in § 51.119 are not applicable
to the SIP submittal under review in this document. The revisions to the NM PSD program to adopt and implement the GHG Tailoring Rule do not need intermittent control systems. § 51.120 Requirements for State Implementation Plan Revisions relating to Motor Vehicles Requirements found in § 51.120 are not applicable
to the SIP submittal under review in this document.

### 12 The revisions to the PSD program to adopt and implement the GHG Tailoring Rule are not related to the part 51 requirements for SIP revisions relating
to motor vehicles. § 51.121 Findings and requirements for submission of State Implementation Plan Revisions relating to emissions of oxides of nitrogen Requirements found in § 51.121 are not applicable
to the SIP submittal under review in this document. § 51.121 establishes the requirements for the NO X SIP Call; Bernalillo County was not subject to the
NOx SIP Call. § 51.122 Emissions reporting requirements for SIP revisions relating to budgets for NO X emissions. Requirements found in § 51.122 are not applicable
to the SIP submittal under review in this document. § 51.122 establishes the emission reporting requirements for the NO X SIP Call; Bernalillo County was not subject to the NOx SIP Call. § 51.123 Findings and requirements for submission of State Implementation Plan Revisions relating to Emissions of Oxides of Nitrogen pursuant to the
Clean Air Interstate Rule Requirements found in § 51.123 are not applicable
to the SIP submittal under review in this document. § 51.123 establishes the requirements for the NOx
Annual and Ozone season programs for the Clean Air Interstate Rule (CAIR). Bernalillo County was not subject to CAIR. § 51.124 Findings and requirements for submission of State Implementation Plan Revisions relating to Emissions of Sulfur Dioxide pursuant to the Clean
Air Interstate Rule Requirements found in § 51.124 are not applicable
to the SIP submittal under review in this document. § 51.124 establishes the program requirements for
the CAIR SO 2 Programs. Bernalillo County was not subject to CAIR. § 51.125 Emissions reporting requirements for SIP revisions relating to budgets for SO 2 and NO X emissions. Requirements found in § 51.125 are not applicable
to the SIP submittal under review in this document. § 51.125 establishes the emission reporting requirements for the CA IR NOx and SO2 trading programs. Bernalillo County was not subject to
CAIR. Subpart H – Prevention of Air Pollution Emergency Episodes Requirements found in 51, Subpart H are not applicable to the SIP submittal under review in this
document. The revisions to the Albuquerque/Bernalillo County PSD program are not part of the air pollution emergency episode plan. Subpart I – Review of New Sources and
Modifications Requirements found in §51.166 – Prevention of Significant Deterioration do apply to the revisions submitted in this SIP submittal. Further analysis of how the revisions address Subpart I requirements is provided in the following subsection of this document, II.A.3. Subpart J – Ambient Air Quality Surveillance Requirements found in 51, Subpart J are not applicable to the SIP submittal under review in this document. Ambient air quality surveillance is not part of the revisions to the PSD program to implement the GHG Tailoring Rule. Subpart K – Source Surveillance Subpart K – Source Surveillance § 51.210 Each plan must provide for monitoring the status of compliance with rules and regulations that set forth any portion of the control strategy. The SIP submittal under review in this document revises the existing, SIP-approved PSD program to adopt and implement the GHG Tailoring Rule thresholds. EPA has SIP-approved the Albuquerque/Bernalillo County PSD program as sufficient to demonstrate compliance under Subpart
K. § 51.211 The plan must provide for legally enforceable procedures fo r requiring stationary sources to maintain records and report the following
to the State:

### 13 • Information on the nature and amount of emissions from the stationary source; and

• Other information as nece ssary for the State to
determine whether the sources are in compliance. § 51.212 The plan must provide for periodic testing and inspection of stationary sources. Additionally, the plan must establish a system for detecting
violations and include enforceable test methods. § 51.213 The plan must contain procedures for obtaining and maintaining data on actual emissions reductions achieved as a result of implementing transportation control measures. § 51.213 is not applicable to the SIP submittal under
review in this document. The revisions to the PSD program are not concerned with implementing transportation control measures.

§ 51.214 The plan must contain legally enforceable procedures to require stationary sources subject to emission standards as part of the applicable plan to install, calibrate, maintain, and operate continuous emission monitoring systems. The SIP submittal under review in this document revises the existing, SIP-approved PSD program to adopt and implement the GHG Tailoring Rule thresholds. EPA has SIP-approved the Albuquerque/Bernalillo County PSD program as sufficient to demonstrate compliance under Subpart K and require stationary sources to use monitoring systems prescribed in their PSD permit.

Subpart L – Legal Authority Subpart L – Legal Authority § 51.230 Each plan must show that the State has the necessary legal authority to carry out the plan, including the authority to adopt emission standards and limitations necessary for attainment of the NAAQS, enforce applicable laws and regulations and seek injunctive relief. The AQCB specified in the SIP submittal that the package was developed under the legal authority at Chapter 74, Article 2, NMSA1978, including specifically 74-2-4 NMSA 1978, and 74-2-5.C
NMSA 1978. The submittal also cited the Revised Ordinances of Albuquerque 1994, section 9-5-1-4, and Bernalillo County Ordinance 94-5, section 4. § 51.231 The provision of law or regulation which the State determines provides the authorities required must be specifically identified and copies must be submitted with the plan. The AQCB specified in the SIP submittal that the package was developed under the legal authority at Chapter 74, Article 2, NMSA1978, including specifically 74-2-4 NMSA 1978, and 74-2-5.C
NMSA 1978. The submittal also cited the Revised Ordinances of Albuquerque 1994, section 9-5-1-4, and Bernalillo County Ordinance 94-5, section 4. § 51.232 A state government agency other than the State air pollution control agency may be assigned responsibility for carrying out a portion of the plan. The Albuquerque/Bernalillo County PSD SIP revisions identified the AQCB as the agency responsible for implementing the SIP. Subpart M – Intergovernmental Consultation

Each plan must identify organizations by title that will participate in the development, implementation,
and enforcement of the plan. The Albuquerque/Bernalillo County PSD SIP revision identified the AQCB as the agency responsible for developing, implementing, and enforcing the SIP.

Subpart N – Compliance Schedule The revisions to the PSD program included in this SIP submittal do not establish a compliance schedule for any NAAQS, and therefore do not need to address the requirements of 40 CFR part 51, subpart N. Subpart O – Miscellaneous Plan Content Requirements The SIP submittal package states that AQCB finds the revisions economically reasonable. If the AQCB fails to adopt the revisions to the PSD program, then EPA would issue a federal

### 14 implementation plan that would result in a dual permitting system. Subpart P – Protection of Visibility The revisions to the Albuquerque/Bernalillo County PSD program to adopt and implement the GHG Tailoring Rule thresholds are not part of New Mexico’s plan to protect visibility. Subpart Q – Reports The revisions to the Albuquerque/Bernalillo County PSD program to adopt and implement the GHG Tailoring Rule thresholds do not revise the existing reporting requirements for the emission inventory in
the New Mexico SIP. Subpart R – Extensions Requirements found in 51, Subpart R are not applicable to the SIP submittal under review in thisdocument. The revisions to the AlbuquerqueBernalillo County PSD program are not a request
for an 18-month extension. Subpart S – Inspection/Maintenance Program Requirements Requirements found in 51, Subpart S are not applicable to the SIP submittal under review in this
document. The SIP submittal revises the Albuquerque/Bernalillo County PSD program to adopt and implement the GHG Tailoring Rule
thresholds and is not related to an inspection/maintenance program. Subpart T – Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved Under Title 23 U.S.C or the Federal
Transit Laws Requirements found in 51, Subpart T are not applicable to the SIP submittal under review in this
document. This SIP submittal revises the Albuquerque/Bernalillo County PSD program to adopt and implement the GHG Tailoring Rule
thresholds and does not interfere with the transportation conformity budgets developed for each nonattainment and maintenance area pursuant to subpart T. Subpart U – Economic Incentive Programs 40 CFR part 51, subpart U establishes requirements for statutorily mandated economic incentive programs under sections 182(g)(3), 182(g)(5), 187(d)(3), or 187(g) of the CAA. This subpart is not applicable to the revisions to the Albuquerque/Bernalillo County PSD program
submitted in this SIP submittal. Subpart W – Determining Conformity of General Federal Actions to State or Federal Implementation
Plans Requirements found in 51, Subpart W are not applicable to the SIP submittal under review in this
document. This SIP submittal revises the Albuquerque/Bernalillo County PSD program to adopt and implement the GHG Tailoring Rule
thresholds and does not address or interfere with the Albuquerque/Bernalillo County rules for general conformity. Subpart X – Provisions for Implementation of 8-hr Ozone NAAQS Requirements found in 51, Subpart X are for the implementation of the 8-hour ozone NAAQS. The submitted revisions to the Albuquerque/Bernalillo County PSD program are to adopt and implement the GHG Tailoring Rule thresholds and are not concerned with the 8-hour ozone NAAQS.

### 15 A. Evaluation of the December 15, 2010 SIP Submittal

3. Evaluation of the December 15, 2010 Revisions to the New Mexico Prevention of Significant Deteriorat ion Program for Albuquerque/Bernalillo County with respect to the federal PS D requirements and the existing SIP

Table II-A3 provides a line-by-line compar ison of the submitted revisions to the New Mexico PSD program with the federal GHG Tailoring Rule requirements at 40 CFR 52.21. The existing SIP-approved Albuquerque/Bernalillo County PSD program is provided in the left column to demonstrat e changes between the SIP-approved language and the revisions submitted on December 1, 2010. Note that only definitions with revisions have been provided below.

Table II-A3: Analysis of GHG Tailor ing Rule Requirements at 40 CFR 52.21

Albuquerque/Bernalillo County PSD SIP SIP-Approved by EPA on April 26, 2007 (72 FR 20728).

20.11.61.7 NMAC as submitted by AQCB on December 14, 2005; effective January 23,
2006. NMAC Revisions
12/8/10 Effective 1/10/11
20.11.61.7 NMAC –
Definitions 40 CFR part 52.21 GHG Tailoring Rule Requirements Analysis of Submitted
Revisions to 20.11.61.7 NMAC

B. “Actual Emissions”
means the actual rate of emissions of a regulated
new source review pollutant from an emissions unit, as
determined in accordance with Paragraphs (2) through (4) of Subsection
B of 20.11.61.7 NMAC. (1) This definition shall not apply for calculating whether a significant
emissions increase has occurred, or for establishing a PAL under
20.11.61.20 NMAC. Instead, Subsections I
and UU of this section shall apply for those

purposes. **** B. “Actual Emissions”
means the actual rate of emissions of a regulated
new source review pollutant from an emissions unit, as
determined in accordance with Paragraphs (2) through (4) of Subsection
B of 20.11.61.7 NMAC. (1) This definition shall not apply for calculating whether a significant
emissions increase has occurred, or for establishing a PAL under
20.11.61.20 NMAC. Instead, Subsections I
and UU VV of this section shall apply for those purposes.
  No federal counterpart to
review for the GHG Tailoring Rule. No issues with this
revision. Internal
references are consistent after the renumbering.

This revision renumbers
because of the addition
of the definition for
GHGs.

** **   ** **  
J. “Baseline area”
** **
  (3) Any baseline area J. “Baseline area” (1) no change (2) no change (3) Any baseline area No federal counterpart to
review for the GHG Tailoring Rule. No issues with this
revision. Internal
references are consistent after the renumbering.

### 16 established originally for total suspended particulates (TSP)
increments shall remain in effect and shall apply for purposes of determining the amount
of available PM 10 increments, except that
such baseline area shall
not remain in effect if the department rescinds the corresponding minor
source baseline date
in accordance with Paragraph (3) of
Subsection LL of
20.11.61.7 NMAC. established originally for total suspended particulates (TSP)
increments shall remain in effect and shall apply for purposes of determining the amount
of available PM 10 increments, except that
such baseline area shall
not remain in effect if the department rescinds the corresponding minor
source baseline date in
accordance with Paragraph (3) of
Subsection LL MM of
20.11.61.7 NMAC. This revision renumbers
because of the addition
of the definition for
GHGs

** **   ** **   No definition for GHG in the existing SIP. CC. “Greenhouse
Gases” or “GHGs" means the air pollutant defined in § 86.1818- 12(a) of Chapter I of Title 40 of the CFR, as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and
sulfur hexafluoride. 52.21(b)** * (49) Subject to regulation
*** (i). Greenhouse gases (GHGs) , the air pollutant defined in 86.1818-12(a) of this chapter as the aggregate group of
six GHGs: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons,
and sulfur hexafluoride, shall not be subject to regulation except as provided in paragraphs (b)(49)(iv) through (v) of this section. The NMAC revision at 20.11.61.7(CC) supports
the federal definition of
GHGs at 40 CFR 52.21(b)(49)(i).

No issues with this proposed revision.

CC. “High Terrain”
  II. “Project” ** *** No substantive changes other than renumbering
where definition CC becomes DD, carried through to definition II
which becomes
definition JJ due to the
addition of the GHG
definition. No federal counterpart to
review for the GHG Tailoring Rule. No substantive changes to existing SIP-approved PSD program other than renumbering to account for newly adopted
definition of GHG.

JJ. “Major Stationary
Source” (1) means; (a) any JJ . KK . “Major Stationary Source” (1) means; (a) any No federal counterpart to
review for the GHG Tailoring Rule. Not related to GHG Tailoring Rule.

### 17 stationary source listed in
Table 1 of 20.11.61.26 NMAC which emits, or has the potential to emit, 100 tons per year or more of any regulated
new source review pollutant; (b) notwithstanding the stationary source categories specified in Subparagraph (a) of Paragraph (I) of
Subsection JJ of 20.11.61.7 NMAC, any stationary source which emits, or has the potential to emit, 250 tons per year or more of any regulated new source review pollutant; or (c) any physical change that
would occur at a stationary source not otherwise qualifying
under Subsection JJ of 20.11.61.7 NMAC, as a major stationary source if the change would constitute a major stationary source by
itself.
  stationary source listed in
Table 1 of 20.11.61.26 NMAC which emits, or has the potential to emit, 100 tons per year or more of any regulated
new source review pollutant; (b) notwithstanding the stationary source categories specified in Subparagraph (a) of Paragraph (I) of
Subsection JJ KK of 20.11.61.7 NMAC, any stationary source which emits, or has the potential to emit, 250 tons per year or more of any regulated new source review pollutant; or (c) any physical change that
would occur at a stationary source not otherwise qualifying
under Subsection JJ KK of 20.11.61.7 NMAC, as a major stationary source if the change would constitute a major stationary source by
itself. (2) no change (3) no change Changes made to
maintain internal consistency with renumbering.

No issues with this
revision.

KK. "Mandatory federal
class I area"
** ** TT. “Project” ***** No substantive changes other than renumbering
where definition KK becomes LL, carried through to definition TT
which becomes
definition UU due to the
addition of the GHG
definition. No federal counterpart to
review for the GHG Tailoring Rule. No substantive changes to existing SIP-approved PSD program other than renumbering to account for newly adopted
definition of GHG.

UU. “Projected actual
emissions”...
  (3) may elect to use the emissions unit's potential to emit in tons per year in lieu of using the
method set out in Subparagraphs (a)-(c) of Paragraph (2) of
Subsection UU of
20.11.61. 7 NMAC. UU

. VV . “Projected
actual emissions”... (1) no change (2) no change (3) may elect to use the emissions unit's potential to emit in tons per year in lieu of using the method set out in Subparagraphs (a)-(c) of Paragraph (2)
of Subsection UU VV of
20.11.61. 7 NMAC. No federal counterpart to
review for the GHG Tailoring Rule. Not related to GHG Tailoring Rule.

Changes made to
maintain internal consistency with renumbering.

No issues with this
revision.

### 18 VV. “Regulated new source review pollutant” means the following: (1) any pollutant for
which a national ambient air quality standard has been promulgated and any pollutant identified under Paragraph (1) of
Subsection VV of
20.11.61 NMAC as a
constituent ....
** **
  (4) any pollutant that otherwise is "subject to regulation" under the act; except that any or all hazardous air pollutants
either listed in Section
112 of the act or added to the list pursuant to Section 112(b)(2) of the act, which have not been delisted pursuant to Section 112(b)(3) of the act, are not regulated
new source review pollutants unless the
listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under
Section l08 of the act. (5) Reserved
** ** VV . WW. “Regulated
new source review pollutant” means the following: (1) any pollutant for which a
national ambient air quality standard has been promulgated and any pollutant identified under Paragraph (I) of
Subsection VV WW of
20.11.61.7 NMAC as a
constituent .... (2) no change (3) no change (4) any pollutant that otherwise is "subject to regulation" under the act
as defined in Subsection
CCC of 20.11.61.7
NMAC ; except that any
or all hazardous air pollutants either listed in
Section 112 of the act or added to the list pursuant to Section 112(b)(2) of
the act, which have not been delisted pursuant to Section 112(b)(3) of the act, are not regulated
new source review pollutants unless the
listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under
Sectio n l08 of the act. (5) Reserved notwithstanding Paragraphs (1) through (4) of Subsection WW of 20.11.61.7 NMAC, the term "regulated NSR pollutant" shall not include any or all hazardous air pollutants
either listed in Section 112 of the act, or added to the list pursuant to Section 112(b)(2) of the act, and which have not been delisted pursuant to Section 112(b)(3) of the act, unless the listed hazardous air pollutant is 52.21(b)*** (50)*** (iv) Any pollutant that otherwise is subject to regulation under the Act as defined in paragraph (b)(49) of this section. (v) Notwithstanding paragraphs (b)(50)(i) through (iv) of this section,
the term regulated NSR pollutant shall not include any or all hazardous air pollutants either listed in section 112 of the Act, or added to the list pursuant to section 112(b)(2) of the Act, and which have not been delisted pursuant to section 112(b)(3) of the Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed
under section 108 of the
Act. Change made to maintain internal consistency with renumbering

The NMAC revisions at 20.11.61.7 (WW)(4) support the federal
revisions to 40 CFR 52.21(b)(50).

No issues with this revised language.

### 19 also regulated as a constituent or precursor of a general pollutant
listed under Section 108
of the act. (6) no change WW. “Replacement
unit”
  WW . XX . “Replacement
unit” no change No federal counterpart to
review for the GHG Tailoring Rule. No substantive changes to existing SIP-approved PSD program other than renumbering to account for newly adopted
definition of GHG.

No issues with these
revisions. XX. “Secondary
missions”
** ** XX . YY . “Secondary
missions” no change

YY. “Significant”
  (2) in reference to a net
emissions increase or the potential of a source to emit a regulated new source review pollutant that Paragraph (1) of
Subsection YY of 20.11.61.7 NMAC, does not list, any emissions rate; and (3) notwithstanding Paragraph (1) of
Subsection YY of 20.1 1.61.7 NMAC, any emissions rate or any net
emissions increase associated with a major stationary source or major modification,
which would construct
within 10 kilometers of a class I area, and have an impact on such area equal to or greater than 1 μg/m 3 (24-hour average). YY . ZZ . “Significant”

(2) in reference to a net
emissions increase or the potential of a source to emit a regulated new source review pollutant that Paragraph (1) of
Subsection YY ZZ of 20.11.61.7 NMAC, does not list, any emissions rate; and (3) notwithstanding Paragraph (1) of
Subsection YY ZZ of 20.1 1.61.7 NMAC, any emissions rate or any net
emissions increase associated with a major stationary source or major modification,
which would construct
within 10 kilometers of a class I area, and have an impact on such area equal to or greater than 1 μg/m 3 (24-hour average). No federal counterpart to
review for the GHG Tailoring Rule. Not related to GHG Tailoring Rule.

Changes made to
maintain internal consistency with renumbering.

No issues with this
revision.

ZZ. “Significant
emissions increase”
** ** ZZ . AAA . “Significant
emissions increase” no change No federal counterpart to
review for the GHG Tailoring Rule. No substantive changes to existing SIP-approved PSD program other than renumbering to account for newly adopted
definition of GHG.

No issues with these
revisions. AAA. “Stationary
source”
  AAA . BBB . “Stationary
source” no change

No definition for subject to regulation in the existing SIP-approved PSD program. CCC. “Subject to regulation” means, for any air pollutant, that the pollutant is subject to 52.21(b)** * (49) Subject to regulation means, for any air pollutant, that the pollutant The NMAC revisions at 20.11.61.7 (CCC) support the federal
revisions to 40 CFR

### 20 either a provision in the Clean Air Act, or a nationally-applicable regulation codified by
the administrator in Subchapter C of Chapter I of Title 40 of the CFR, that requires
actual control of the quantity of emissions of that pollutant, and that
such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity, Except that: (1) Greenhouse gases (GHGs) shall not be subject to regulation except as provided in Paragraphs (4) and (5) of Subsection
CCC of 20.11.61.7
NMAC. (2) For purposes of Paragraphs (3) through (5) of
Subsection CCC of 20.11.61.7 NMAC, the term “tpy CO 2 equivalent emissions (CO 2 e)” shall represent an amount of GHGs emitted, and shall be computed as
follows: (a). multiplying
the mass amount of emissions (tpy),
for each of the six greenhouse gases in the pollutant GHGs, by the gas’s associated global warming potential published
at Table A-1to Subpart A of Part 98 of Chapter I of
Title 40 of the
CFR - Global Warming Potentials; is subject to either a provision in the CAA, or a nationally-applicable regulation codified by the
Administrator in subchapter C of this chapter, that requires
actual control of the quantity of emissions of that pollutant, and that such a control requirement
has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that: (i). Greenhouse gases (GHGs) , the air pollutant defined in 86.1818-12(a) of this chapter as the aggregate group of six GHGs: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in paragraphs (b)(49)(iv) through (v)
of this section. (ii). For purposes of paragraphs (b)(49)(iii) through (v) of this section, the term tpy CO2 equivalent emissions (CO2e) shall represent an amount of GHGs emitted, and shall be computed as
follows:

(a) Multiplying the
mass amount of emissions (tpy), for
each of the six GHGs in the pollutant GHGs, by the gas’s associated global warming potentialpublished at Table A1 to subpart A of part 98 of this chapter – Global Warming
Potentials. For 52.21(b)(49) for Subject to regulation.

No issues with this revised language.

Specifically:

The NMAC revisions at 20.11.61.7(CCC)(1) support the federal
revisions to 40 CFR 52.21(b)(49)(i).

The NMAC revisions at 20.11.61.7 (CCC)(2) support the federal
revisions to 40 CFR 52.21(b)(49) (ii).

The NMAC revisions at 20.11.61.7 (CCC)(2)(a) do not include language deferring application of these requirements to biogenic carbon dioxide (CO2) emissions from bioenergy and other biogenic stationary sources. This language was added through
amendments to the
Greenhouse Gas Tailoring Rule on July 20, 2011at 76 FR 43490. However, as the summary section of that final rule explains, “State, local, and tribal permitting authorities may adopt the deferral at their option”. Program changes are not required in response to the rule, and the remaining
revisions at 20.11.61.7 (CCC)(2)(a) support the
federal revisions to 40 CFR 52.21(b)(49) (ii)(a).

The NMAC revisions at 20.11.61.7 (CCC)(2)(b) support the federal
revisions to 40 CFR 52.21(b)(49) (ii)(b).

### 21 (b). sum the
resultant value from Subparagraph (a) of Paragraph (2) of Subsection
CCC of 20.11.61.7
NMAC for each gas to compute a tpy CO 2 e. (3) The term "emissions
increase" as used in Paragraphs (4) and (5) of Subsection
CCC of 20.11.61.7 NMAC, shall mean that both a significant
emissions increase (as calculated using the procedures in
Subsection D of 20.11.61.11 NMAC) and a significant net
emissions increase (as defined in
Subsection PP of
20.11.61.7 NMAC
and Subsection ZZ of 20.11.61.7 NMAC)
occur. For the pollutant GHGs, an
emissions increase shall be based on tpy
CO 2 e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tpy
CO 2 e instead of applying the value in
Table 2 of
20.11.61.27 NMAC. (4) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: (a). the stationary
source is a new major stationary
source for a regulated NSR pollutant that is not GHGs, and also
will emit or will have the potential purposes of this paragraph, prior to July 21, 2014, the
mass of the greenhouse gas
carbon dioxide shall
not include carbon
dioxide emissions resulting from the
combustion or decomposition of
non-fossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, by-products, residues
and waste from agriculture, forestry
and related industries
as well as the nonfossilized and biodegradable organic fractions of
industrial and municipal wastes, including gases and liquids recovered
from the decomposition of
non-fossilized and biodegradable organic material). (b) Sum the resultant value from paragraph (b)(49)(ii)(a) of this section for each gas to compute a tpy CO 2 e. (iii). The term emissions
increase as used in paragraphs (b)(49)(iv) through (v) of this
section shall mean that both a significant emissions increase (as calculated using the procedures in paragraph (a)(2)(iv) of this section) and a significant net emissions increase (as defined in paragraphs (b)(3) and (b)(23) of The NMAC revisions at 20.11.61.7 (CCC)(3) support the federal
revisions to 40 CFR 52.21(b)(49) (iii).

The NMAC revisions at 20.11.61.7 (CCC)(4) support the federal
revisions to 40 CFR 52.21(b)(49) (iv).

The NMAC revisions at 20.11.61.7 (CCC)(4)(a) support the federal
revisions to 40 CFR 52.21(b)(49) (iv)(a).

The NMAC revisions at 20.11.61.7 (CCC)(4)(b) support the federal
revisions to 40 CFR 52.21(b)(49) (iv)(b).

The NMAC revisions at 20.11.61.7 (CCC)(5) support the federal
revisions to 40 CFR 52.21(b)(49) (v).

The NMAC revisions at 20.11.61.7 (CCC)(5)(a) support the federal
revisions to 40 CFR 52.21(b)(49) (v)(a).

The NMAC revisions at 20.11.61.7 (CCC)(5)(b) support the federal
revisions to 40 CFR 52.21(b)(49) (v)(b).

### 22 to emit 75,000 tpy
CO 2 e or more; or (b). the stationary
source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and
also will have an
emissions increase of a regulated NSR pollutant, and an
emissions increase of 75,000 tpy
CO 2 e or more; and, (5) beginning July 1, 2011, in addition to
the provisions in Paragraph (4) of
Subsection CCC of

20.11.61.7 NMAC,
the pollutant GHGs
shall also be subject

to regulation: (a) at a

new stationary

source that will emit

or have the potential

to emit 100,000 tpy
CO 2 e; or (b) at an existing stationary

source that emits or has the potential to
emit 100,000 tpy
CO 2 e, when such stationary source undertakes a physical change or change in
the method of operation that will
result in an emissions

increase of 75,000
tpy CO 2 e or more. this section) occur. For the pollutant GHGs, an emissions
increase shall be based on tpy CO 2 e, and shall
be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy
CO 2 e instead of applying the value in paragraph (b)(23)(ii)
of this section. (iv). Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: (a) The stationary
source is a new major stationary
source for a regulated NSR pollutant that is not GHGs, and also
will emit or will have the potential to emit 75,000 tons per year CO 2 e or

more; or (b) The stationary
source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and
also will have an
emissions increase of a regulated NSR pollutant that is not GHGs, and also
will have an
emissions increase of 75,000 tons per year CO 2 e or more ; and, (v). Beginning July 1, 2011, in addition to the provisions in paragraph (b)(49(iv) of this section, the pollutant GHGs shall also be subject to regulation

### 23 (a) At a new stationary source
that will emit or have the potential to emit 100,000 tons per year CO 2 e; or (b) At an existing stationary source
that emits or has the potential to emit 100,000 tons per year CO 2 e, when such stationary source
undertakes a physical change or change in the
method of operation that will
result in an
emissions increase of 75,000 tons per year CO 2 e or more. BBB. “Temporary
Source”
**** DDD. “Volatile Organic Compound” ***** No substantive changes other than renumbering
Definition BBB becomes DDD, renumbering carried through definition
DDD which becomes
FFF. No federal counterpart to
review. No substantive changes other than renumbering.

No issues with these proposed revisions.



### The above line-by-line comparison of the proposed revisions to NMAC 20.11.61.7 to the GHG Tailoring Rule requirements demonstrat es that the proposed revisions are substantively identical (with the excepti on of renumbering to maintain internal consistency with the remainder of the NM AC definitions) to the GHG Tailoring Rule requirements at 40 CFR 52.21(b)(49) and (b)(50).

Table II-A4: Analysis of Remaining Revi sions to the New Mexico Prevention of Significant Deterioration PSD Pr ogram for Albuquerque/Bernalillo County

Albuquerque/Bernalillo County PSD SIP SIP-Approved by EPA on April 26, 2007 (72 FR 20728).

20.11.61.6 NMAC as submitted by AQCB on December 14, 2005; effective January 23, 2006. NMAC Revisions 12/8/10 Effective 1/10/11 20.11.61.6 Objective 40 CFR part 52.21 Analysis of Submitted Revisions
to 20.11.61.6 NMAC

### 24 OBJECTIVE: The objective
of 20.11.61 NMAC is to minimize air pollutant
emissions from .... OBJECTIVE: The objective of 20.11.61
NMAC is To minimize air pollutant emissions from

.... No federal counterpart to review. Not related to GHG Tailoring Rule

No issues with this proposed revision to simplify the language. Albuquerque/Bernalillo County PSD SIP SIP-Approved by EPA on April 26, 2007 (72 FR 20728).

20.11.61.11 NMAC as submitted by AQCB on December 14, 2005; effective January 23, 2006. NMAC Revisions 12/8/10 Effective 1/10/11 20.11.61.11 Applicability 40 CFR part 52.21 Analysis of Submitted Revisions
to 20.11.61.11 NMAC

D. Applicability procedures. (1) Except as otherwise provided in Subsections E
and F of 20.11.61.11 NMAC, and consistent with the definition of major modification, a project is a major modification for a regulated new source review pollutant if it causes a significant emissions increase and a significant net
emissions increase. The project is not a major
modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net
emissions increase. (2) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (ie., the first step of the process) will occur depends upon the type of emissions units being modified, according to Paragraphs (3) through (4)
of Subsection D of
20.11.61.11 NMAC. The procedure for calculating (before beginning actual construction) whether a D. Applicability procedures. (1) Except as otherwise provided in Subsections E
and F Subsection E of 20.11.61.11 NMAC, and
consistent with the definition of major modification, a project is a major modification for a regulated new source review pollutant if it causes a significant emissions increase and a significant
net emissions increase. The project is not a major
modification if it does not cause a significant
emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net
emissions increase. (2) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (ie., the first step of the process) will occur depends upon the type of emissions units being modified, according to Paragraphs (3) through (4)
of Subsection D of
20.11.61.11 NMAC. The procedure for calculating (before beginning actual No substantive change made. Not related to GHG Tailoring Rule.

No substantive changes made to existing SIP-approved PSD program language. Changes made to drop a
reference to a nonexistent subsection,
and to maintain internal consistency with renumbering of
20.11.61.7 NMAC.

No issues with this proposed revision.

### 25 significant net emissions
increase will occur at the major stationary source (ie. the second step of the process) is contained in the
definition in Subsection OO
of 20.11.61.7 NMAC. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net
emissions increase.
  construction) whether a significant net emissions
increase will occur at the major stationary source (ie. the second step of the process) is contained in the
definition in Subsection
OO PP of 20.11.61.7 NMAC. Regardless of any such preconstruction projections, a major
modification results if the project causes a significant
emissions increase and a significant net emissions
increase. (3) no change (4) no change (5) no change Albuquerque/Bernalillo County PSD SIP SIP-Approved by EPA on April 26, 2007 (72 FR 20728).

20.11.61.12 NMAC as submitted by AQCB on December 14, 2005; effective January 23, 2006 NMAC Revisions 12/8/10
Effective 1/10/11 20.11.61.12 Obligations of Owners or Operators of
Sources 40 CFR part 52.21 Analysis of
Submitted Revisions to 20.11.61.12 NMAC

** ** E. Except as otherwise provided in Subparagraph (b) of Paragraph (6) of
Subsection E of 20.1 1.61.12 NMAC the following specific provisions apply with respect to any regulated new source review pollutant emitted from projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in
circumstances where there is a reasonable possibility within the meaning of Paragraph (6) of Subsection
E of 20.11.61.12 NMAC that a project that is not a part of a major modification may result in a significant
emissions increase of such pollutant and the owner or operator elects to use the method specified in Paragraphs (I) through (3) A. – D. no change E. Except as otherwise provided in Subparagraph (b) of Paragraph (6) of
Subsection E of 20.1
1.61.12 NMAC the following specific provisions apply with respect to any regulated new source review pollutant emitted from projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in
circumstances where there is a reasonable possibility within the meaning of Paragraph (6) of
Subsection E of
20.11.61.12 NMAC that a project that is not a part of a major modification may result in a significant
emissions increase of such pollutant and the owner or No substantive change made. Not related to GHG Tailoring Rule.

No substantive changes made to existing SIP-approved PSD program language. Changes
made to maintain internal consistency with renumbering of
20.11.61.7 NMAC.

No issues with this proposed revision.

### 26 of Subsection UU of
20.11.61.7 NMAC for calculating projected actual
emissions. (1) Before beginning actual construction of the project, the owner or op erator shall
document and maintain a record of the following
information:
  (c) a description of the applicability test used to determine that the project is not a major modification for any regulated new source review pollutant, including
the baseline actual emissions, the projected actual emissions, the amount
of emissions excluded under Paragraph (3) of Subsection
UU of 20.11.61.7 NMAC and an explanation for why such amount was excluded, and any netting calculations if applicable.
** ** (6) A "reasonable possibility" under
Subsection E of 20.11.61.12
NMAC occurs when the owner or operator calculates the project to result in either: (a) a projected actual
emissions increase of at least 50 percent of the amount that is a "significant emissions increase," as
defined under Subsection
ZZ of 20.11.61.7 NMAC (without reference
to the amount that is a significant net emissions increase), for the regulated new source review pollutant;

or (b) a projected actual emissions increase that,
added to the amount of
emissions excluded under Paragraph (3) of Subsection UU of 20.11.61.7 NMAC, sums to at least 50 percent
of the amount that is a "significant emissions operator elects to use the method specified in Paragraphs (I) through (3)
of Subsection UU VV of
20.11.61.7 NMAC for calculating projected actual
emissions. (1) Before beginning
actual construction of the project, the owner or operator shall document
and maintain a record of the following information: (a) no change (b) no change (c) a description of the applicability test used to determine that the project is not a major modification for any regulated new source review pollutant, including the baseline actual emissions, the projected actual emissions,
the amount of emissions excluded under Paragraph (3) of Subsection U U VV
of 20.11.61.7 NMAC and an explanation for why such amount was excluded, and any netting calculations if applicable. (2) no change (3) no change (4) no change (5) no change (6) A "reasonable possibility" under
Subsection E of
20.11.61.12 NMAC occurs when the owner or operator calculates the project to
result in either: (a) a projected actual
emissions increase of at least 50 percent of the
amount that is a "significant emissions increase," as defined under
Subsection ZZ AAA of
20.11.61.7 NMAC (without reference
to the amount that is a significant net emissions increase), for the regulated
new source review

### 27 increase," as defined under
Subsection ZZ of 20.1 1.61.7 NMAC (without
reference to the amount that is a significant net emissions increase), for the regulated new source review pollutant; for a project for which a reasonable possibility occurs only within the meaning of Subparagraph (b) of Paragraph (6) of Subsection E of 20.11.61.12 NMAC,
and not also within the meaning of Subparagraph (a) of Paragraph (6) of
Subsection E of 20.11.61.12 NMAC, then provisions of Paragraphs (2) through (5)
of Subsection E of
20.11.61.12 NMAC do not apply to the project.
  pollutant; or (b) a projected actual emissions increase that,
added to the amount of
emissions excluded under Paragraph (3) of
Subsection UU VV of 20.11.61.7 NMAC, sums to at least 50 percent of the
amount that is a "significant emissions increase," as defined under
Subsection ZZ AAA of
20.1 1.61.7 NMAC (without reference to the amount that is a significant net emissions increase), for the regulated new source review pollutant; for a project for which a reasonable possibility occurs only within the meaning of Subparagraph (b) of Paragraph (6) of
Subsection E of 20.11.61.12 NMAC, and
not also within the meaning of Subparagraph (a) of Paragraph (6) of
Subsection E of 20.11.61.12 NMAC, then provisions of Paragraphs (2) through (5) of
Subsection E of
20.11.61.12 NMAC do not apply to the project. F. no change Albuquerque/Bernalillo County PSD SIP SIP-Approved by EPA on April 26, 2007 (72 FR 20728).

20.11.61.20 NMAC as submitted by AQCB on December 14, 2005; effective January 23, 2006 NMAC Revisions 12/8/10 Effective 1/10/11
20.11.61.20 Actuals Plantwide Applicability Limits (PALs) 40 CFR part 52.21 Analysis of Submitted Revisions
to 20.11.61.20 NMAC

** **   ** **   (B)(2)(b) An emissions unit's potential to emit shall be determined using the
definition in Subsection RR of 20.11.61. 7 NMAC, except that the words "or enforceable as a practical
matter" should be added (B)(2)(b) An emissions unit's potential to emit shall be determined using the
definition in Subsection
RR SS of 20.11.61. 7 NMAC, except that the
words "or enforceable as a practical matter" should be No substantive change made. Correcting internal
cross-reference. Not related to GHG Tailoring Rule.

No substantive changes made to existing SIP-approved PSD program language. Changes

### 28 after "federally
enforceable". added after "federally
enforceable". made to correct
internal crossreference.

No issues with this proposed revision.

(B)(3) Small emissions unit
means an emissions unit that emits or has the potential to emit the PAL pollutant in an
amount less than the significant level for that PAL pollutant, as defined in
Subsection YY of
20.11.61.7 NMAC or in the act, whichever is lower. (B)(3) Small emissions
unit means an emissions
unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as
defined in Subsection YY
ZZ of 20.11.61.7 NMAC or in the act, whichever is
lower. No substantive change made. Correcting internal
cross-reference. Not related to GHG Tailoring Rule.

No substantive changes made to existing SIP-approved PSD program language. Changes
made to correct
internal crossreference.

No issues with this proposed revision.

** **   ** **   (B)(11) Significant
emissions unit means an
emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level as
defined in Subsection YY of
20.11.61.7 NMAC or in the act, whichever is lower for that PAL pollutant, but less
than the amount that would qualify the unit as a major
emissions unit as defined in Paragraph (4) of Subsection
B of 20.11.61.20 NMAC. (B)(11) Significant
emissions unit means an
emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant
level as defined in
Subsection YY ZZ of
20.11.61.7 NMAC or in the act, whichever is lower for that PAL pollutant, but
less than the amount that would qualify the unit as a major emissions unit as defined in Paragraph (4) of
Subsection B of
20.11.61.20 NMAC. No substantive change made. Correcting internal
cross-reference. Not related to GHG Tailoring Rule.

No substantive changes made to existing SIP-approved PSD program language. Changes
made to maintain internal consistency with renumbering of
20.11.61.7 NMAC.

No issues with this proposed revision.

** **   ** **   (F)(1) Except as provided in Paragraph (2) of Subsection F of 20.11.61.20 NMAC,
the actuals PAL level for a major stationary source shall
be established as the sum of
the baseline actual emissions of the PAL pollutant for
each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under Subsection
YY of 20.11.61.7 NMAC or (F)(1) Except as provided in Paragraph (2) of
Subsection F of 20.11.61.20 NMAC, the
actuals PAL level for a major stationary source
shall be established as the
sum of the baseline actual
emissions of the PAL pollutant for each
emissions unit at the source; plus an amount equal to the applicable significant level for the No substantive change made. Correcting internal
cross-reference. Not related to GHG Tailoring Rule.

No substantive changes made to existing SIP-approved PSD program language. Changes
made to maintain internal consistency with renumbering of
20.11.61.7 NMAC.

No issues with this

### 29 under the act, whichever is
lower. .... PAL pollutant under
Subsection YY ZZ of
20.11.61.7 NMAC or under the act, whichever is
lower. .... proposed revision.

** **   ** ** ****



### The above analysis demonstr ates that AQCB has revised the remainder of the PSD program to correctly cross-reference th e proposed definition revisions at 20.11.61.7
NMAC.

### 30 A. Evaluation of the December 15, 2010 SIP Submittal

4. Evaluation of the December 15, 2010 SI P Submittal with respect to section 110(l) of the CAA

Section 110(l) of the Clean Air Act states:

Each revision to an implementation plan s ubmitted by a State under this Act shall be adopted by such State after re asonable notice and public hearing. The Administrator shall not approve a revi sion of a plan if the revision would interfere with any applicable requirem ent concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of this Act.

Thus, under section 110(l), this SIP revision must not interfere with attainment or reasonable further progress or any other applicable requirement of the Act.

The revisions to the New Mexico PSD Pr ogram for Albuquerque/B ernalillo County, to adopt and implement the GHG Tailoring Rule thresholds, will not interfere with
attainment or reasonable furthe r progress or any other applicab le requirement of the Act. Albuquerque/Bernalillo County is adopting provisions substa ntively identical to the federal PSD requirements for the regulations of GHGs.

### 31 III. Conclusion

The technical analysis provided in the preced ing sections has compared the applicable sections of the CAA and 40 CFR Parts 51 and 52 to AQCB’s December 15, 2010,
revisions to the PSD SI P, enacted at 20.11.61.6, 20.11.61.7, 20.11.61.11, 20.11.61.12, 20.11.61.20, and 20.11.61.27 NMAC.

This analysis found that the adoption of the revisions to sections 20.11.61.6, 20.11.61.7, 20.11.61.11, 20.11.61.12, 20.11.61.20, and 20.11.61.27 NMAC submitted on December 15, 2010, is consistent with the CAA and 40 CFR Parts 51 and 52; specifically, EPA finds that the revisions satisfy the requirements of the GHG Tailoring Rule. Therefore, it is recommended that a proposed approval of the Albuquerque/Bernalillo County, New Mexico PSD SIP, submitted on De cember 15, 2010, be published.