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. Mike Miller, United States Environmental 

Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, Dallas, Texas 

75202-2733, (214) 665-7550.
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Subject : Review of Revisions to the Albuquerque/Bernalillo County, New Mexico 

Prevention of Significant Deterioration Program submitted 

December 15, 2010

Contents:

I. Executive Summary 

II. Technical Review of State Submittal 

V. Conclusion
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I. Executive Summary

What actions are evaluated in this Technical Support Document?

This technical support document (TSD) reviews 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/Bernalillo 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 gas” and “subject to regulation”, revising the definition of 

“regulated new source review pollutant”, and renumbering all other definitions as 

appropriate. Additional revisions to the Albuquerque/Bernalillo County PSD program were 

adopted 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 definitions, 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 letter dated December 15, 2010. EPA will take 

separate action at a later date and in a separate rulemaking 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 the 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 bioenergy and biogenic sources for a period of 

three years. As explained in that rule’s preamble, 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 has recommended that permitting authorities 

communicate with the stationary sources under their jurisdiction regarding whether they 

intend to adopt the deferral, and if they do, when it will be effective. 

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

The Albuquerque/Bernalillo County 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. 
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II. Technical Review of State Submittal

This technical review of the December 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 and the corresponding sections in the SIP 

submittal. The SIP submittal is first reviewed for completeness as a SIP submittal under 

Part 51, Appendix V. Next, a section-by-section 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 correctly. 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. These analyses produce a written evaluation that 

will be used to make a determination of whether or not the PSD program revisions in the 

December 15, 2010, SIP submittal are in agreement 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 current SIP-approved Albuquerque/Bernalillo 

County PSD Program 

5. Review with respect to Section 110(l) of CAA 
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A. Evaluation of the December 15, 2010 SIP Submittal 

1. Evaluation of the December 15, 2010 SIP 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 are outlined below: 

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

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

official submission for purposes of review under § 51.103. 

1.1 The EPA shall return to the submitting official 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 insufficient to perform a review of the 

submitted plan. 

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

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

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

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

months from receipt of a submittal, 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 basic criteria included under 2.1, 2.2, and 2.3 of 

Appendix V. 
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SIP Completeness Checklist for the December 1, 2010 SIP Submittal

Administrative Materials (2.1) 

1. The package is sent with a formal submittal letter from the Governor or his or her 

designee requesting EPA's approval of the revision. 

The SIP revision was submitted by a letter 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 adopted the revision in the State code or 

body of regulations, or that the State has issued the permit, order, consent 

agreement (hereafter document) in final form. This evidence would include the 

date of adoption or final issuance and the effective date of revision, if different 

from adoption/issuance date. 

The revisions were adopted by the Albuquerque/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 Quality 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 adopting an ordinance providing for the local 

administration and enforcement of the Air Quality Control Act.” Pursuant to the 

AQCA, § 74-2-5(C)(1)(a), the PSD regulations “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 Ordinance 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 the actual regulation or document submitted for approval 

and incorporation by reference into the SIP including an indication of the changes 

made to the existing approved plan where applicable. The submittal shall be a 

copy of the official State regulation document signed, stamped, and dated by the 

appropriate State official indicating that it is fully enforceable by the State. The 

effective date of the regulation document shall, whenever possible, be indicated in 

the document itself. 

 

The 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 followed all the procedural requirements of its 

laws and/or its constitution in conducting 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 notice was given of the proposed changes 

consistent with the procedures approved by EPA, including the date of publication 

of such notice, (e.g., notarized 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 list 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 hearing(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, hearing was included that provided 

evidence the hearing was conducted pursuant 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 technical information in its SIP revision request 

package. 

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

• The revisions to the Albuquerque/Bernalillo County PSD program apply 

to all pollutants regulated under the PSD program. Specifically, the 
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revisions to 20.11.61.7 NMAC adopt and implement the PSD provisions to 

regulate GHGs above certain thresholds in EPA’s Tailoring Rule. 

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the 

attainment plan for the affected 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 affected 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 PSD program. Quantification of changes 

in the SIP allowable emissions from the affected sources is not necessary for 

inclusion. Any new sources of GHG emissions subject to regulation 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 protected 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 maintenance plan for the primary ambient air 

quality standards for at least 10 years as required by §175A of the Clean 

Air Act? 

 Not applicable. 

 b. Are contingency measures included? 

 Not applicable. 
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6. Modeling information, if applicable, is required to support 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 technology (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 requirements 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 SIP revision contains emission limitations, 

work practice standards, and recordkeeping/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 compliance 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 technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not 

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

require such justification. 

 These justifications are not necessary for this SIP revision. 

The December 15, 2010, SIP submittal meets the completeness criteria established in 

40 CFR part 51, Appendix V. 
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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, and 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 official 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. 
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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 existing 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. 
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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 NOX

SIP Call; Bernalillo County was not subject to the 

NOx SIP Call. 

§ 51.122 Emissions reporting requirements for SIP 

revisions relating to budgets for NOX 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 NOX 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 SO2 Programs. Bernalillo County was 

not subject to CAIR. 

§ 51.125 Emissions reporting requirements for SIP 

revisions relating to budgets for SO2 and NOX

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 CAIR 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 for requiring stationary 

sources to maintain records and report the following 

to the State: 
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• Information on the nature and amount of 

emissions from the stationary source; and 

• Other information as necessary 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 this 

document. 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 Deterioration Program for Albuquerque/Bernalillo 

County with respect to the federal PSD requirements and the existing SIP 

Table II-A3 provides a line-by-line comparison 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 demonstrate 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 Tailoring 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 PM10

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 PM10

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 

Section 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/m3 (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/m3 (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 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 

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 potential 

published 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 CO2e.

(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 

CO2e, and shall be 

calculated assuming 

the pollutant GHGs is 

a regulated NSR 

pollutant, and 

"significant" is 

defined as 75,000 tpy 

CO2e 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 

CO2e. 

(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 

CO2e 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 

CO2e 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

CO2e; or (b) at an

existing stationary

source that emits or

has the potential to

emit 100,000 tpy

CO2e, 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 CO2e or more.

this section) occur. 

For the pollutant 

GHGs, an emissions 

increase shall be based 

on tpy CO2e, and shall 

be calculated 

assuming the pollutant 

GHGs is a regulated 

NSR pollutant, and 

“significant” is 

defined as 75,000 tpy 

CO2e 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 CO2e 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 CO2e 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 

CO2e; or 

(b) At an existing 

stationary source 

that emits or has 

the potential to 

emit 100,000 tons 

per year CO2e, 

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 CO2e 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 demonstrates that the proposed revisions are 

substantively identical (with the exception of renumbering to maintain internal 

consistency with the remainder of the NMAC definitions) to the GHG Tailoring Rule 

requirements at 40 CFR 52.21(b)(49) and (b)(50). 

Table II-A4: Analysis of Remaining Revisions to the New Mexico Prevention of 

Significant Deterioration PSD Program 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 operator 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 UU 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 demonstrates that AQCB has revised the remainder of the PSD 

program to correctly cross-reference the 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 SIP 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 submitted by a State under this Act shall 

be adopted by such State after reasonable notice and public hearing. The 

Administrator shall not approve a revision of a plan if the revision would 

interfere with any applicable requirement concerning attainment and 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 Program for Albuquerque/Bernalillo County, to 

adopt and implement the GHG Tailoring Rule thresholds, will not interfere with 

attainment or reasonable further progress or any other applicable requirement of the Act. 

Albuquerque/Bernalillo County is adopting provisions substantively identical to the 

federal PSD requirements for the regulations of GHGs. 
 31

 

III. Conclusion

The technical analysis provided in the preceding 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 SIP, 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 December 15, 2010, be published.