# New Mexico Albuquerque-Bernalillo County amendments to

Part 60 (20.11.60 NMAC), Permitting in Nonattainment Areas, adopted by the Albuquerque-Bernalillo County Air Quality Control Board April 10, 2013, effective May 13, 2013, filed with the New Mexico State Records Center April 12, 201 3,and submitted to EPA July 26, 2013 (NM-125).

This document contains only the cover letter and amendments to Part 60 submitted to EPA July 26, 2013 (NM-125). The entire submittal is available in Regulations.gov at:

NM059.03 New Mexico Albuquerque/Bernalillo County Revisions to Part 60 (20.2.60 NMAC), Nonattainment New Source Review; Part 61 (20.2.61 NMAC), Prevention of Significant Deterioration; and Part 42 (20.2.42 NMAC), Operating Permits, submitted to EPA July 26, 2013 (NM-125). 248 pages 14.3 MB v3g 

# Regulations.gov document EPA

-R06-OAR-2013

-0616-0003SUSANAMARTINEZ Governor

JOHN A. SANCHEZ Lieutenant Governor



### July 26, 2013

Mr. Ron Curry Regional Administrator NEW MEXICO 

### ENVIRONMENT DEPARTMENT



## Office of the Secretary

Harold Runnels Building
1190 Saint Francis Drive (87505)
P.O. Box 5469, Santa Fe, NM 87502
Phone: (505) 827-2855 Fax: (505) 827-2836

www.nmenv.state.nm.us



### U.S. Environmental Protection Agency, Region VI (6-RA) 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 

## RECEIVEC- 6PDL AIR PLAHNIHG SEC.


# 13 AUG -I PH 5: 07

# ~; '**,~**

""1t,.n**o'<-~~**

RYAN FLYNN Cabinet Secretary
BUTCHTONGATE

Deputy Secretary



### Subject Proposed revision to the New Mexico State Implementation Pbn for Air Quality (SIP) through the incorporation of an amended 20.11.60 NMAC, 

### Permittiflg tn 

### Nonattainmcnt

### Amuand 20.11.61 NI\1AC,**Pre~~tntion** 

## ofSignijicant Deterioratwn, and 20.11.42, 

### Operating Permits, as an update to 

### the Tide V Program

Dear Mr. Curry:

I am writing on behalf of Governor Susana Martinez to request approval of the attached documentation which will serve as the basis for a revision to the New Mexico SIP. Specifically, I am submitting documentation for the amended regulations, 20.11.60 NM.AC, 

### Permitting in Nonattainment Areas and 20.11.61**N~IAC,** 

### Prevention 

## ofSignificantDeterioration. In addition, I am requesting approval of an update to the Tide V Program through the incorporation of an amended 20.11.42 NMAC, 

### Operating Permits. All three of these rules apply exclusively to 

### Bernalillo County, New Mexico.

The Albuquerque

- Bernalillo County 

### Ait Quality Control Board (Air Board) adopted these amendments at their regular monthly meeting on April 10, 2013, following a public hearing held the

same evening. The public hearing was held in accordance with the public notice, State bws and constitution, and public hearing requirements of 40 CPR 51.102. The amended regulations were filed with the NM State Records Center on April 12, 2013, and became effective locally on May 13, 2013. To facilitate your review, two hard copies of this SIP submittal, along with three exact duplicates in electronic form are enclosed. I believe that the submitted materials provide adequate documentation to support the requested SIP revision.

Protectin!l our Environment, Preserving the Enchantment

### -2-



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

1) SIP Completeness Checklist pursuant to 40 CFR 51;



### 2) Hearing record, including transcript and exhibits;



### 3) Comments and responses;

4) The proposed SIP revision for 20.11.60 NMAC, 20.11.61 NMAC and Title V

Program update for 20.11.42 NMAC adopted by the Air Board; and



### 5) Other supporting documentation.

Your favorable consideration of this request is appreciated. If yo.u have any questions, please
contact Mary Lou Leonard, Director of the Albuquerque Environmental Health Department (EHD), at (505) 768-2631.

Ryan Fl Cabinet Secretary NM Environment Department

cc: Honorable Susana Martinez, Governor, State of New Mexico Richard Goodyear, Acting Chief, 

### Air Quality Bureau, NMED Mary Rose, Acting Manager, Environmental Protection Division, NMED Dr. Dona Upson, Chair, Albuquerque- Bernalillo County 

### Air Quality Control Board Mary Lou Leonard, Director, Albuquerque Environmental Health Department Danny Nevarez, Acting Deputy Director, Albuquerque EHD Margaret Nieto, Control Strategies Section Supervisor, Air Quality Division, EHD

EnclosuresNMACTRANSMnTALFORM
1.24.10 NMAC

Albuquerque-Bernalillo County

c/o Environmental Health Department, Air Quality Division P.O. Box 1293, One Civic Plaza NW Albuquerque NM 87103

Name Neal Butt (505) 768-2660
E-mail nbutt@cabg.gov '**;~**.. ·- ' '

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505-768-2617

## ls~'i!iit.W**i!li li~Rr~~** **~*mvtlllfillttl-****1** New 

# c:=J Amendment 

# W Renumber 

# D Repeal 

# D Emergency 

# c=J

No X Yes

New Ordinance, Bernalillo Revised Ordinances Please listattachmentsand Internetsite(s) if applicable



# YesD

Name: Dona Upson, MD

Title: Board Chair

# ~ur~~ 5/13/13

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Public domain

# D

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## IZ MilO: 03

Tb!s is an amendment to 20.11.60 NMAC, Seetions 6, 7, 12, 13 and 15, effeetive 5/13/13.

20.11.60.6 OBJECTIVE: To implement a pre-construction pennit**progn~m** for new or modified major stationBty sources that plan to locate in an area where@ federal ambient air quality [stan!lards 

### &Fe] standard is being exceeded. [20.11.60.6 NMAC- Rp, 20.11.60.6 NMAC, 1123/06; A, 8/30/10; A, 5/13/13]

10.11.60.7 DEFINITIONS: In addition to the definitions in 20.11.60.7 NMAC, the definitions in 20.11.1 NMAC apply unless there is a conflict between definitions, in which case the definition in 20.l 1.60.7 NMAC shall govern. A. "Actual emissions" means the actual rate ofemissions ofaregulated new source review poJiutant from an emissions unit, as detennined in accordance with**Paragn~phs** (l)-(3) ofSubsection A of20.11.60.7 NMAC, except that this definition shalt not apply for calculating whether a significant emissions increase has occurred, or for establishing a plantwide applicability limit under 20.11.60.27 NMAC. Instead, Subsections E and 11 of 20.11.60.7 NMAC shall apply for those purposes. (l) In general, actual emissions as ofa particular date shall equal the avemge rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative ofnormal source operation. The department shall allow the use ofa different time period upon a detennination that 

### it is more representative ofnonnal source opemtion. Actual emissions shall be calculated using the unit's actual operating**hour.~,** production rates, and types ofmaterials processed, stOred, or combusted during the selected time period. (2) The department may prestrme that source-specific allowable emissions for the unit are equivalent
to the actual emissions ofthe unit {3) For any emissions unit thathas not begun nonnal operations on the particular date, actual emissions shall equal the potential to emit ofthe unit on that date. B.**~Administrator"** means the administmtor ofthe United States environmental protection agency (USEPA) oran authorized representative. C.**~Adverse** impact on visibility" means visibility impairment which interferes with the**managemen~** protection, preservation, orenjoyment ofthe visitor's visual experience ofthe mandatory federal class I area. This determination must be made on a case-by-case basistakinginto accowll the geographic**exte~** intensity, duration, frequency, and time ofthe visibility impainnents and howthese factors correlate with: (I) times ofvisitor use ofthe mandatory federal class I area; and {2) the frequency and timing ofnatural conditions that reduce visibility. This tenn does not include effects on integral vistas as defined in 40 CFR 51.301 

### Definitions. D. "Allowable emissions" means the emissions rate ofastationary source calculated using the maximum rated capacity ofthe source, (unless the source is subject to fedemlly enforceable limits which restrict the operating rate, or hours ofoperation, or both,) and the most stringent ofthe following: (I) the applicable standard set forth in 40 CFR Part 60 or 61; (2) any applicable state implementation plan emissions limitation including those with a future compliance date; or (3) the emissions rate specified as a federally enforceable pennit condition, including those with a future compliance date. E. "Baseline actual emissions" means the rate ofemissions, in tons per year, ofa regulated new

source review pollutant, as detennined in accordance with Pamgmphs (1)-(4) ofSubseetion E of20.11.60.7 NMAC. (I) Forany existing electric utility steam generating unit, baseline acrual emissions means the
average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner oroperator within the five year period immediately preceding when the owner or operatorbegins actual construction ofthe project. The department shall allow the use ofa different time period upon adetermination that it is more representative ofnormal source operation. (a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns. and malfunctions. (b) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-manth period. (c) For a regulated new source review pollutant, when a project involves multiple emissions units, only one consecutive**2~month** period must be used to detennine the baseline actual emissions for the

20.11.60 NMAC

### emissions units beingcbenged. Adifferent consecutive 24-montn period can be used for each regulated new source review pollutant. (d) 

### The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for detennining annual emissions, in tons per year, and for adjusting tllis amount ifrequired by Subparagraph (b)

### ofl'aragraph(l)ofSubseetion Eof20.1l.60.7 NMAC. (2) For an existingemissions unit (other

### than an electric utility ste11111 

### generating unit) baseline actual emissions means the 

### average rate, in tons peryear, at which the emissions unit actually emitted the pollutant during any consecutive 24-mcnth period selected bythe

### owner oroperator within the 10 year period immediately preceding eitherthe dare the owneroropem!orbegins actual construction ofthe proje<:l, or the date acomplete permit application is received by 

### the depanment for a permit required eitherunder20.11 .60.7NMAC orundera plan approved bythe administrator, wflichever is earlier, except that the 10 year period shall not include any period earlier than November IS, 1990. (a) The average rate shall include fugitive emissions to 

### Ute extent quantifiable, and emissions associated wilh startups, shutdowns, and malfunctions. (b) 

### The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while Ute source was operating above an emission limitation that waslegelly enforceable during the consecutive 24-month 

### period. (c) The average rate shall be adjusted downward to 

### exclude any emissions that would have exceeded anemission limitation with which the 

### major stationary source must currently comply, had such major stationary soun:ebeen 

### required to 

### comply with such limitations during Ute consecutive 24-month period. However, ifan emission limitation is 

### pan of

### a maximum achievable control technology standard thatthe 

### administrator proposed 

### orprotnulgatud under40 CFR Pan 

### 63, the baseline actual emissions need only be adjusted iflhe state has !liken 

### credit for such emissions reductions in an lll1llinment demonSiration or**main~~mance** 

### plan consistent with the requiremenu ofParagraph (7) 

### ofSubseerion Bof20.11 .60. 1 S

### NMAC. (d) 

### For aregulated new source review pollutant, when a project involves multiple emissions units, only one consecutive24-month period must be used to 

### determine the baseline actual emissions for the emissions units being changed. Adit'ferent consecutive 24-month period can be used 

### for each "'gul111ed new source "'view pollutant. (e) The average rate shall not be 

### based on any consecutive 24-month period for which there is inadequat<o information for determining annual emissions, in tons 

### peryear, and for adjusting this amount ifrequired by 

### Subparagraphs (b) and (c) ofParagraph (2) ofSubsection Eof20.11.60.7 NMAC. (3) For a new emissions unit. the baseline actual emissions for purposes ofdetermining the emissions increase that will result from the initial construction and operation ofsuch unit shall equal zero; and thereafter, for all O!herpurposes, shall equal the unit's potential to emit. (4) For a plantwide applicability limitfor a major stationary source, the baseline actual emissions shall be 

### calculated for existing electric utmty 

### steam generating units in accordance with the procedures contained in Patagraph (I} ofSubsection E of20.11 ,60.7 NMAC, for otherexisting emissions units in accordance with the procedurescontained in Paragraph (2) ofSubse<:tion Eof20.11.60.7 NMAC, 

### aod for a new emissions unit in accordance with the procedures conlllined in Paragraph (3) ofSubsection E of20, 11.60.7 NMAC. F. allegln 

### aetual construction" means in general, initiation ofphysical on-site construction activities on an emissions unit which are ofa permanent narure. Such activities include, but are not limited to, installation ofbuilding supports and foundations, laying ofunderground pipeworl<, and construction ofpermanent storage structures. With respect 10 

### a change in method ofoperating this term refers to those on-site activities other than preparatory activities which mark the initiation oflhe change. G. "Bestavailable control technology (BACT)" means an emissions limnation (including avisible emissions standard) based on the maximum degree ofreduction for each regulated new soun:e review pollutant which would be emitted from any proposed major stationary soun:e or majormodification which the depamnent, on


### acase-by-case basis. taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source ormodification through application ofproduction processes or available methods, systems, and techniques, including fuel cleaning, clean fuels, or ln!atment orinnovative fuel combustion techniques for control ofsuch pollurant. In no event shall application ofbest available control technology result in emissions of anypollutantwhich would exceed the emissions allowed by any applicable standard under 40 CFR Part 60 or 61. If !he departmentdetermines thai technological or economic limitations on the application ofmeosurement methodology 10 

### aparticularemissions unit would make the imposition ofan emissions standard infeasible, a design, equipment, 

### work practice, operational standard, orcombination thereof, may he prescribed instead to 

### satisfy tile requirement for the application ofBACT, Such standard shall, to the degree possible, setforth the 

### emissions

20.1 1.60 NMACreduction achievable by implementation ofsuch design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. H. "Building, structure, facility orinstallation" means all ofthe pollutant-emitting activities which belong to the same industrial grouping, are located on one ormore contiguous or adjacent properties, and are under the control ofthe same person (or persons under common control) except the activities ofany vessel. Pollutantemitting activities shall be considered as 

### part ofthe same industrial grouping ifthey belong to the same "'major group," that is, which have the same two-digit code, as described in the standardindustrial class(fication manual, 1972, as amended by the 1977 supplement (U.S. government printing office stock numbers 4101-0065 and 003- 005-00 176-0, respectively). 

### 1. "Commence" as applied to construction ofamajor stationary source or major modification means that the owner or operator has all necessary preconstruction approvals or pennits and either has: (1) begun, or caused to begin, acontinuous program ofactual on-site construction ofthe source, to be completed within a reasonable time; or (2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake aprogram ofactual construction ofthe source to be completed within a reasonable time. J. "Construction" means any physical change or change in the method ofoperation (including fabrication, erection, installation, demolition, or modification ofan emissions unit) which would result in achange in actual emissions. K.**~continuous** emissions monitoring system (CEMS)" means all ofthe equipment that may be required to meet the data acquisition and availability requirements of20.11.60NMAC, to sample, condition (if applicable), analyze, and provide arecord ofemissions on a continuous basis. L. "Continuous emissions rate monitoring sy•tem (CERMS)" means the total equipmentrequired for the determination and recording ofthe pollutant mass emissions rate (in terms ofmass per unit oftime). M. "Continuous parameter monitoring system (CPMS)" means all ofthe equipment necessary t<> meet the data acquisition and availability requirements of20.11.60 NMAC, to monitor process and control device operational p11n1meters (for example, control device secondary voltages and electric currents), and other information (for example, gas flow rate, oxygen or carbon dioxide concentrations), and to record average operational parameter value(s) on a continuous basis. N. "Electric utility steam eeneratlng unit" means any steam electric generating unit that is constructed for the purpose ofsupplying more than one-third ofits potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose ofproviding steam toa steam-electric generator that would produce electrical
energy for sale is also considered in determining the electrical energy output capacity ofthe affected facility. 0. "Emi9Sions unit" means any part ofa stationary source that emits or would have the potential to emit any regulated new source review pollutant and includes an electric steam generating unit as defined in Subsection N of20.11.60.7 NMAC. For purposes of20.11.60.7 NMAC, there are two types ofemissions units as described in P11n1graphs (I) and (2) ofSubsection 

### 0 of20.11.60.7 NMAC. (I) A new emissions unit is any emissions unit which is (or will be) newly constructed and which has existed for less than two years from the date such emisslons unit first operated. (2) An existing emissions unit is any emissions unit that does not meet the requirements in Paragraph (I) ofSubsection 

### 0 of20.11.60.7 NMAC. A replacement unit, as defined in 20.11.60.7 NMAC, is an existing unit. P. "Federal class Jarea" means any federal land that is classified or reclassified BS "class 1". Q. "Federal land manager" means, with respect to any lands in the United States. the secretary of the depanment with authority over such lands. R. "Federally enforceable" means all limitations and conditions which are enforceable by the administrator, including those requirements developed pursuantto 40 CFR Parts 60 and 61, requirements within any applicable state implementation plan, any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I including operating permits issued under an EPAapproved program that requires adherence to any permit issued under such program. S. "Fugitive emissions" means those emissions which could not reasonably pass through astack, chimney, vent, or other functionally equivalent opening. T. "Lowest achievable emission rate (LAER)" means, for any source, the more stringent rate of emissions based on the following:

20.11.60 NMAC 3(I) the most sningentemissions limitation which is contained in the implementation plan ofany state for such class or category ofstationary source, unless the owner or operator ofthe proposed stationary source demonstrates that such limitations are not achievable; or 

### (2) the most stringent emissions limitation which is achieved in practice 

### by such class or category of stationary source; this limitation. when applied to amodification, means the lowest achievable emissions rate for the

new or modified emissions units within the stationary source; in no event shall the application ofthis tenn pcnnh a proposed new or modified stationary source to emit any pollutant in excess ofthe amount allowable under an applicable new source performance standard. U. "Major**modtfi~ation"** means: (I) Any physical change in or change in the method ofoperation ofa major stationary source that would result in: (a) a significant emissions increa$0 ofa regulated new source review pollutam; and (b) a significant net emissions increase ofthat pollutant from the major stationary source. 

### (2) Any significant emissions increase from any emissions units or net emissions increase at amajor stationary source that is significant for volatile organic compounds or oxides ofnitrogen shall be considered significant for ozone. (3) A physical change orchange in the method ofoperation shall not include: 

### (a) routine maintenance, repair
1 

### and replacement; (b) use ofan alternative fuel orraw material by reason ofan order under Section 2 (a) and (b) ofthe Energy Supply and Environmental Coordination Act ofl974,or any superseding legislation, orby reason ofa natural gas curtailment plan pursuant to the Federal Power Act; (c) 

### use ofan alternative fuel by reason ofan order or rule under Section 125 ofthe federal Clean Air Act; (d) use ofan alternative fuel at a steam generating unit to the extentthat the fuel is generated from municipal solid waste; (e) use ofan alternative fuel or raw material by a stationary source which; (i) the source 

### was capable ofaccommodatingbefore December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which 

### was established after December 2I, 1976 pursuantto 40 CFR 52.21 or under regulations approved pursuant to 40 CFR SubPart I or 40 CFR 51.166;

or (ii) the source is approved to use under any permit issued under 40 CFR 52.21 or under regulations approved pursuant to40 CFR 51.166; (f) an increase in the hours ofoperation orin the production rate, unless such change is prohibited under any federally enforceable permit condition which was established after December 21, 1976, pursuant to 40 CFR 52.2I or under regulations approved pursuant to 40 CFR 5I.165 or 40 CFR 51.166; (g) any change in ownership at a stationary source; or (h) the installation, operation, cessation, or removal ofa temporary clean coal technology demonstration project, provided that the project complies with: (i) the state implementation plan for the state in which the project is located and (ii) otherrequiremenr. necessary to attain and maintain the national ambient air quality srandards during the project and after it is terminated. (4) This definition shall not apply with respect to a particularregulated new source review pollutant when the major stationary source is complying with therequiremenn under 20.11.60.27 NMAC for a plantwide applicability limit fur that pollutant. Instead, the definition at Paragraph (8) ofSubsection B of20.11.60.27NMAC shall apply. (5) Forthe purpose ofapplying the requirements of20.11.60. 17 NMAC to modifications atmajor stationary sources ofnitrogen oxides located in ozone nonattainment areas or in ozone transport regions. whether or not subject to Subpart 2, Part D, Title I ofthe act, any significant net emissions increase ofnitrogen oxides is considered significant for ozone. (6) Any physical change in, or change in the method ofoperation of, a major stationary source of volatile organic compounds that results in any increase in emissions ofvolatile organic compounds from any discrete operation, emissions unit, or other pollutant emitting activity atthe source shall be considered asignificant net emissions increase and amajor modification for ozone, ifthe major stationary source is located in an extreme

ozone nonattainment area that is subjectto Subpan 2, Pan D. Title I ofthe act. V. "Major stationary source" (I) Means:

20. I 1.60 NMAC 4(a) Any swionary source ofair pollutants that emits, or has the potential to emit, 100 tons per year ormore ofany regulated new source review**pollutan~** except thar lower emission thresholds shall apply in

areas subject to Subpart 2, Subpart 3, or Subpart4 ofPart D, Title 1ofthe act, according to lrems (i)-(vi) of Subparagraph (a) ofParagraph (I) ofSubsection V of10.11.60.7 NMAC. (i) 50 tons peryear ofvolatile organic compounds in any serious ozone nonattainment
area. (ii) 50 tons per year ofvolatile organic compounds in an urea within Bn ozone transport region, except for any severe or extreme ozone nonattainment area. (iii) 25 tons per year ofvolatile organic compounds in any severe ozone nonanainment

area. (iv) 10 tons per year ofvolatile organic compounds in any extremeozone nonattainment



### area. (v) 50 tons per year ofcarbon monoxide in any serious nonanainment area for carbon monoxide, where stationary sources contribute significantly to carbon monoxide levels ln the area (as detennined under rules issued bythe administrator). (vi) 

### 70 tons per year of

### PM 10 in any serious nonattainment area for 

### PM 10• (b) For the purposes ofapplying the requirements of20.11.60.17 NMAC to stationary sources ofnitrogen oxides located in an ozone nonattainment area or in an ozone. transport region, any stationary source which emits, or has the potential to emit, I00 tons per year or more ofnitrogen oxides emissions, except that the emission thresholds in Items (i)-{vi) ofSubparagraph (b) ofParagraph (I) ofSubsection V of20.11.60.7 NMAC shall apply in areas subject to Subpart 2 ofPartD,Title I ofthe acL (i) I00 tons per year ormore ofnitrogen oxides in any ozone nonanainment area classified as marginal or moderate. (ii) 100 tons peryear or more ofnitrogen oxides in any ozone nonattainment area classified as a transitional, submarginal, or incomplete or no 

### data 

### area, when such urea is located 

### in an ozone transport region. (iii) I00 tons peryear or more ofnitrogen oxides in any area designated UJJder Section I07(d) ofthe actas attainment or unclassifiable for ozone that 

### is located in an ozone transport region. (iv) 50 tons per year or more ofnitrogen oxides in any serious nonattainment area for

ozone. (v) 25 tons per year or more ofnitrogen oxides in any severe nonattainment area for

ozone. (vi) 10 tons per year or more ofnitrogen oxides in any extreme nonattainment area for
ozone; or (c) any physical change that would occur at a stationary source not qualifYing under Subparagraph (a) or (b) ofParagraph (I) ofSubsection V of20.11.60.7 NMAC as a majorstationary source, ifthe change would constitute a major stationary sourceby itself. (2) A major stationary source that is major for volatile organic compounds shall be considered major 

### for ozone. (3) The fugitive emissions ofa stationary source shall not be included in determining for any ofthe
purposes ofSubsection V of20.11.60.7 NMAC whether it is a majorstationary source, unless the source belongs to

one ofthe following categories ofstationary sources: (a) carboo black plants (furnace process); (b) charcoal production plants; (c) chemical process plants- not including ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or312140; (d) coal cleaning plants (with thermal dryers); (e) coke oven batteries; (f) fossil fuel-fired steam electric plants ofmore than 250 million Btulhrheat input, (g) fossil fuel boilers (orcombinarion thereof) totaling more than 250 million Btu/hr heat input; (h) fuel conversion plants;

20.11.60 NMAC (i) glass fiber processing plants; ij) hydrofluoric acid plants; (k) iron and steel mill plants; (I) kraft pulp mills; (m) lime plants;

5barrels; (n) municipal incinerators capable ofcharging more than 250 tons ofrefuse per day; ( o) nitric acid plants: (p) petroleum refineries; (q) petroleum storage and transfer units with 

### atotal storage capacity exceeding 300,000

(r) phosphate rockprocessing plants; (s) Portland cementplant; (t) prhnary lead smelters; (u) primary zinc smelrers; 

### (v) primary aluminum 

### ore reduction plants; {w) primary copper smelters; (x) secondary metal produetion plants: (y) sintering plants; (z) sulfurrecovery plants; (aa) sulfuric acid plants; (bb) lliConite ore processing plants; or (cc) any other stationary source category which, as ofAug\lst7, 1980, 

### is being regulated under Section Ill 

### or 112 ofthe

### federal Clean 

### Air Act. W. "Mandatory federal class I area" means those federal lands that are intei1UIIi01111l parks, national wilderness areas which exceed 

### S,OOO acres in siz=, national memorial parks which exceed 

### S,OOO acres in size, and national parks which exceed 6,000 acres in size, and which were in existence on August7, 1977. These areas may not be redesignated. X. "Natnr:al eondlllons"**in~ludes** Y181Urally occurring phenomena that "'duce visibility as measu"'d in temts ofvisual range, conll'liSIorcoloration. Y. "Nece:snry prec:onstructlon approvals orpermits" means those permits orapprovals required 

### under federal air quality control laws and regulations and those air qualitycontrol laws and regulations which are part ofthe applicable state implerneutation plan (SIP}. Z. "Net emlssiOIU lncreaseft (I) Means, withrespect to any regulated new 

### source review pollutant emitted by a 

### majorstationary**so~.** the amount 

### bywhich the sum ofthe following ex.:eeds zero: (a) the increase in emissions from 

### aparticularphysical change orchange in the methnd of operation ala S!lllionary**so~** 115 calculated pursuant to Subsetlion 

### Bof20.11.60.12 NMAC; and (b) 

### any other 

### increases ond 

### decreases in actual emissions at the major sllltionary 

### source that 

### are contemporaneous with tha particular change 

### and are otherwise 

### cre!litable; baseline actual emissions for calculating increases and decreases under Subparagraph (b) 

### ofParagraph (l) ofSubsection Z of20.11.60,7NMAC, shall be determined as provided In Subsection E of20.Il.60.7 NMAC, except that Subparagraphs (c) ofParagnaph (1) and (d) ofParagraph {2) ofSubsection E of20,11.60.7 NMAC shall notapply, (2) An increase or decrease In actual emissions is contemporaneous with the increase from the particular change only ifit occur.; before tha datethat the increase from the particular change occurs. (3) An increase 

### or decrease in actual emissions is creditable only if: (a) it occur.; between: (i) thedate five yean; priorto tha commencement ofconstruction on the particular change; and (ii) the date thl!l the Increase from the particular change occurs; and (b) tha dapartment has not relied on it in issuing apermitfor the source under regulations approved pursuant to 40 CFR 

### SL165, which permit is in effect when the increase in actual emissions from the particularchange occurs. (4) An increase in actual emissions is creditable only to the extent that the new level ofactual ctnissions exceeds the old level. {S) Adecrease in actual emissions Is creditable onlyto the extent that: (a) the old level ofactual emissions or lhe old level ofallowable emissions whichever is lower, exceeds the new level ofactual emissions; (b) it is enfort:eable as a practical matter at and after the time that actual construction on the particular change begins;

20.1 L60 NMAC 6(c) the department has not relied on it in issuing any penni! under regulations 

### approved pursuantto 40 CFR Part 51 Subpart 1or 

### the state has not relied on it in demonstrating attainment or reasonable further progress; and (d) it has approximately the same qualilative significance for public health and welfare as that attribuu:d to the increase ftom the particular change. (6) An increase thatresults from a phyoical change at a source occurs when the.cmissions uniton which construction occurred becomes operational and begins to emit aparticularpollUiant. Any replacement unit that requires shakedown becomes operational only after a reasonable sbakedown period, not to exceed 180 days. (7) Paragraph (I) ofSubsection Aof20.ll.60. 7 NMAC shall not apply for determining creditable Increases and decreases or after a change. AA.**~Nnnattalnment area~**  means, for any air pollUiant an area which is shown by monitored dataor which is calculated by airquality modeling, or othermethods determined by the administrator to be reliable, to exceed any national ambient air quality standard for such poliUiant. Such term includes any area identified under Subparagraphs (A) through (C) ofSection 107(d)(l) ofthe federal Oean Air Act. 88. "Nonatllllnment major new source review (NSR) program" means 

### amajor source preconstruction permit 

### program that has been approved by the administratorand incorporated into 

### the New Mexico slllte implementation plan to implement

### the ,..quirements of40 CF!l51.165, ora 

### program that implements40 CFR Part 51, Appendix S, Se<:tlons Ithrough VI. Any permit issued under such a program is a major new source review pennit. CC. uPart• means 

### an air quality control regulation underTille 20, Chapter II oftheNew Mexico administrative code (NMAC), unless otherwise noted; as adopted oramended bythe board. DD. "Portablesllltionary source• means a source which can be relocaled to another operating site with limited dismantling and reusembly. EE. uPotetltlaltoemit" means the maximum capacity ofa stationary SOiltCeto emit a pollutantunder 

### liS physical and operational design. Any physical or operational limitation on the capacity ufthe source to emita pollutant, including air pollution control equipment aod restrictions on hoUBofoperation or on the type oramount ufmaterial combusted, stored, orprocessed, shall be treated 

### as part of

### Its designonly ifthe limilalion 

### ar theeffect

### it would have on emissions is federally enforceable. Secondary emissions do not count in determiningthe potential to emit ofastationary source. FF.**~Predictive** emissions monitorin1 system (PEMS)" means all ofthe equipment necessary Ill monitor process and 

### control device operational parametm{forexample, conU'OI device secondary vollages and eleclric currents), and other information {forexample, gas 

### flow rate, oxygen or 

### carbon dioxide concentrations), and calculate and record the mass emissionsrille (for example, poUilds 

### per hour), on a continuous basis. GG. "Preveatlon ofsignlflcantdeterioration (PSD)permit" 

### means any permitthat is issued under 20.11.61 NMAC. HH. "Projectfi means a physical changa in, or changa in the method ofoperation of, an existing major stationary source. 11. "Projected actual emissions• (I) Means, 

### the maximum annual rate, in tons 

### peryear, at 

### which an existing emissions unit is projected to emit a regulated new sourcereview pollutAAt in any one ofthe 

### ffve yean (12-month period) following the date the unit resumes regular operation after the project, or inany one ofthe l0 years following that date, ifthe projoet involves increasing the emissions unit's design capacity or its potential to emit ofthat regulated new source review pollutant and full utilization oftheunit would result in 

### a significant emissions increase or a significant net emissions increase at the major stationary source. (2) In determining the projected acwal emissions under Paragraph (I) ofSubsection II of20.1 1.60.7 NMAC, before beginning actual construction,the owner or operator of

### the major stationary 

### source: (a) shall consider all relevant information, Including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections ofbusiness activity, the company's filings with the state orfederal regulatory authorities, and compliance plans under the approved plan; and (b) ohall include fUgitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, aod malfunctions; and (c) shall exclude, in calculating any increase in emissions thatresults !Tomthe particular project, that portion ofthe unit's emissions following the project that an existing unit could have accommodated during theconsecutive24-month period used lO establish the baseline actual emissiOil$ under Subsection E of

20.11.60 NMAC 7

### 20.11.60.7 NMAC and 

### that are also unrelated to the particularproject, including any increased utilization due to product demand growth; or, (d) in lieu ofusing the method set outin**[P<I~hs** 

### (I) lhAlll!lh (1)] Subpa!lll!l'lll?hs (a) 

### through (c) 

### ofParagraph (2) 

### ofSubsection II of20.l1.60.7 NMAC, may elect to 

### use the emissions unit's potential to emit, in tons per 

### year, as defined under Subsection 

### EE of20.11.60.7 NMAC. 

### JJ.**~Regulated** 

### new source review pollutant•. for purposes of20.11.60 NMAC, means the following: (l) 

### nitrogen oxides or any volatile organic compounds; (2) 

### any pollutant for which 

### anational ambient air quality standard has been 

### promulgated; or (3) 

### any pollutant that is 

### a constituent orprecursor of

### a general pollutant listed under Paragraphs (I) 

### or (2) 

### ofSubsection 

### JJ of20.11.60.7 NMAC, provided that such constituent or precursorpollutant may only be 

### regulated under new souree review as pan ofregulation ofthe general pollutant; precursors idemifted by the administrator for purposes ofNSR are the following: (a) 

### volatile organic compounds and nitrogen oxides are precursors to omne in all ozone


### nonattainment areas; (b) 

### sulfur dioxide is 

### a precursorto PM" in all PM:u nonattainment areas; (c) 

### nitrogen oxides are presumed to be 

### precursors to PM,. in all 

### PM1

.5

### nonattainmentareas, unless the state

### demonstrates to the administrator's satisfaction orEPA demonstrates that emissions ofnitrogen oxides from sources in a specific area are not 

### asignificantcontributor to 

### that 

### area's ambient PM,,, concentrations; (d) volatile organic compounds and 

### ammonia are 

### presumed not to be 

### precursors to 

### PM,_, in any PM,_, nonattainment 

### area, unless the state demonstrates to the administrat<>r's satismction orEPA demonstrates that emissions of volatile or<>d!nic compounds 

### or ammonia from sources in a speciftc area 

### are a significantcontributorto 

### that area's ambient PM:ts eoneentrntions; or (4) 

### PM,.emissions and 

### PM 10 

### emissions shall include gaseous emissions 

### from a 

### source or activity which condense to form particulate matteratambienttemperatures; on or after January 

### 1, 2011 (or

### any earlier date established in the upcomingrulemaking codizying test methods), such condensable particulate matter 

### shall be 

### accounted for 

### in applicability determinations and in 

### establishing emissions limitations for PM2

### .s and PMro in nonattainment majorNSR pennits; compliance with emissions limitations for PM,,, and PM 10 

### issued prior to this date shall not be 

### based on condensable particulate matter unless required by theterms and conditions ofthe pennit

or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation ofthis section unless the applicable implementation plan required condensable particulate matter to be included. KK. 

### "Replacement unir' means an 

### emission unit for 

### which all ofthe criteria listed in Paragraphs (I)- 

### (4) ofSubsection 

### KK of20.1l.60.7 NMAC are 

### met. No 

### creditable emission reductions 

### shai1 be 

### generated from shutting down the existing emissions unit that is replaced. {I) 

### The emissions unit is a reconstructed unit within the meaning of40 

### CFR 60.15(b)(l), orthe emissions unit completely tskes the place ofan existing emissions unit. (2) 

### The emissions unit is identical to or functionally equivalent to the replaced emissions unit. (3) 

### The replacement (unit) does notahertbe basic deslga perameter(s) ofthe process 

### unit. (4) 

### The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, orpermanently batred from operation by a permit that is enforeeable as a

### practical matter. lf the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit. LL. 

### "Secondaryemissions" means emissions which would 

### occur as aresult ofthe construction or operation ofa majorstationary 

### source or major modification. but do notcome 

### from the majorstationary soun:e or major modification itself. 

### I' or the purpose of20.1l.60.7NMAC, secondary emissions must be specific, well defined, quantitiable, and impact the same genernl area as 

### the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facilit)• which would not be 

### constructed or increase its emissions except as a result ofthe construction or operation ofthe major stationary source

or major modification. Secondary emissions do 

### not include any emissions which come directly from a mobile
source, such 

### as emissions from the tailpipe ofa motor vehicle, 

### from a train, 

### or from a vessel. 

### MM. "Significant'" means, Jn reference to anet emissions increase or the potential ofa source to emit any of the following pollutants, a rate ofemissions that would equal orexceed any ofthe following rates: ( 1) Pollutantemission rates:

20.11.60 

### NMAC (a) 

### carbon monoxide, l00 

### tons per year; (b) 

### nitrogen oxides, 40 

### tons peryear; 

### {c) sulfur dioxide, 40 

### tons peryear;

8(d) PM10 emissions, 15 

### tons per

### year; (e) ozone, 40 tons peryearofvolatile organic compounds or nitrogen oxides; or (f) lead. 0.6 

### rons peryear, or (g) PMu 

### 10 tons per

### year ofdirect PM1J emissions; 

### 40 tons per yearof

### sulfur dioxide emissions; 40tons peryear ofnitrogen oxide emissions unless dcmonstmted not to be a PMH precursor under Subsection JJ of20J 1.60.7 NMAC. (2) Notwithstanding tbe significant emissions ratefor ozone in Paragraph (I) ofSubsection M Mof 20.1 1.60.7NMAC, significant

# mean., in reference to an emissions increase or a net emissions inci'I:OS", any increase in aclwll emissions ofvolatile organic compounds thatwould result !Tom any physical change in, or change in tbe method ofoperation of, a major stationarY SQurce locating in a serious or severe ozone nonattainment area that is subjectto Sllbpan 2, Part0,Title l ofthe act, ifsuch emissions increase ofvolatile organiccompounds exceeds 25 

### tons per

### year. (3) Forthe purposes ofapplying the requirements of20.1 1.60.17 NMAC to modifications at major 

### stationary sourc.es ofnitrogen oxides located in an ozone nonattainment area or in an ozone tnlnsportregion, the significantemission rates and otberrequirements for volatile organic compounds in Paragraphs (I), (2), and (5) of Subsection MM of20.1 L60.7 NMAC shall apply to nilt'Ogen oxides emissions. ( 4) Notwithstanding the. sipificant emissions 

### nne for carbon monoxide under Paragraph(I)of Subsection MM of20.ll.60.7 NMAC, significant mean., in reference to an emissions 

### increase or 

### a net emissions increase, any increasein a<:tual emissions ofcarbon monoxide that would result from any physical change in, or change in the method ofoperation of, a major stationarY**sou~** in 

### aserious nonanainment 

### area for carbon monoxide ifsuch illCrelllle equals or

### exceeds 50 tons per

### year, providedthe administmtor has detennined that stationarY

sources contnbUle significantly to carbon monol<lde levels in thatarea. (5) Notwithstandingtbe sipificantemissiOns rates for ozone under Paragraphs (I}and (2) of Subsection MM of20.11.6().7 NMAC, any increase in actual emi!lSions ofvolatile organic compounds from any emissions unit at 

### a major sllltionary 

### source ofvolatile organic compounds located in an extreme ozone nonanainment 

### area that is subject to Subpart

### 2, Pan 

### 0,

### Title Ioftbeact shah be r:onsidered a significant 

### net emissions increase. 

### NN. "Sipifica111 emiuions**!n~rase•** means, for 

### a**teg~~lated** new 

### sourcereview pollulllnt, an increase in emissions that

### b significant for !hat pollutant. 00. "Stationary**sour~"** means any building, structure, facill!y, orinstallationwhich emits or may emit any replated 

### new soureemiewpollutant. PP, "Temporary 

### soul't<!" means a stationary soun:e which changes il!llocation orceases 10 exist within one year 

### !Tom the date ofInitial start ofoperations. QQ. 

### "Visibility lmpalrtnent" 

### means any humanlyperceptible change in visibility,lhat is.. visual 

### range, contmst, coloration, !Tom that which would have existed under nalu!al conditions. [20.11.60.7NMAC- Rp, 20.1 L60.7 NMAC, l/23/06; A, 81301!0; A, '1!3113]



### lO.ll.60.12 APPLICABfiJTY: A. Any person constructing any new majoratationarY source or majormodification shall obtain a permit from the department in accordance with the requiremenl!l of20.11.60 NMAC prior to tbe start ofconstruction



### or modification ifeitber ofthe following conditions under Paragraph (I)

### or(2)ofSubsection Aof20.ll.60. 12 NMACapply. ( 1) Sources that would locate in a deslgaated nollllttainmeat area. The proposed major stationary

source ortnl1ior modification would be located whhin a nonatlllinment area so designated pursuantto Section I07(d)(I)(A)(i) ofthe federal Clean Air Act and would emit 

### a regulated new source 

### review pollutant for which 

### it is major and for which the area is designated nonattainment. (2) Sources locatiag ia designated clean orunclasslflllble areas which would eause orcontribute 

### to a violation of

### a NAAQS. (a} The proposed major statioQarY source or major modification would be located within an
area designated as anainment or unclassifiable for any NAAQS pursuantto Section I07 ofthe federal Clean Air Act, and will emita regulated new source review pollutant for which it is major and when it would cause or contribute to

a violation ofany NAAQS. (b) Amajor source or major modification will beconsidered to cause or contribute to a violation ofaNAAQS when such source or modifiCation would, at a minimum, exceed 

### the following sipificance levels at any totality that does notor would not meet the applicable national standard:

20.11.60 NMAC 9

### S!gniO..,nt ambient concentrationt:



### Averal!inl! Time Pollutant 

### Annual 24-hr 

### 8-hr 3-hr 

### 1-hr SulfurDioxide 

### LO**u~~om'** 511glm' 25 ll!!lm' 0.3 Wll 

### m' 1.1 

### wm' 

# PM,. Nitrogen 

### Dioxide Carl:!un Monoxide 0.5 

### ml!im' 2m21m

...

(3) 

### Aprop<>sed major soun:e or nuijor modification subjectto Subsection Aof20.ll.60.12NMAC may reduce the impact ofits emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where the major source ormajor modification would otherwise cause orcontribute to a violation ofany national ambient air quality standard. 

### In the absence ofsuch emission reductions, the department shall deny the proposed construction. (4) 

### The requirements ofSubsection A of20.11.60.12 NMAC shall not apply to a moijor stationary

sou.ee or major modification withrespect to 

### aparticularpollutant ifthe owner or operator demonstrates that,. as to that pollutant, the SOUTCI! 

### ormodification is located in an areadesignated as nonattainment pursuant to 

### Section 1()7 

### ofthe act. B. Applicability p......,durt!S. (I) 

### Except

..otheTWise provided in Subsection Cof20.11.60.12 NMAC, and 

### consi>lent with the defmition ofmajor modification, aproject is 

### amajor modification for 

### aregulated new sourcereview pollutant ifit cauteS 

### two types

### ofemissi()ns increases

- a

### signif..:ant emissions increase, and a 

### significant net 

### emissions increase. The project is 

### not all'llljormodifkation ifit 

### does not cause a significantemissions inaease. lfthe project causes a significant emissions increase, the!! the project is a major modification only if

### it also results in a 

### significant net emissions increase. (2) 

### The procedure for calculating (before 

### beginning actual construction} whether a 

### significant emissions increase (i.e. the 

### ftrSt str:p ofthe process) will occur depends upon the type of

### emissions units being modified. according to 

### Paragraphs (3), (4) 

### and (6) ofSubsection B 

### of20.1!.60.12'NMAC. The procedure for calculating (before beginning actual construction) whether asignificantnet emissions increase will occur at the major stationary soun:e (i.e. the**~ond** 

### step ofthe process) is contained in the definition ofnet emissions increase. Regardless ofany such preconstruction projections, a 

### major modif!Clltion results ifthli projcctcauses a 

### significant emissions increase and 

### a signific1111tnet emissions increase. (3) 

### Actual-to•projeeted-actual applicabillt)• test for projects tbat involve.nistlngemissions units. Asignificant emissionsincrease ofa regulated new source review pollutantis projeeted to occur ifthe sum of the difrerenee between the projected actual emissions and the baseline actual emissions for each existingemissions unit, equals orexceeds the significant amount for that pollutant. (4) 

### Actual-to-potential tat 

### for project> thatonly Involveconstruction ora new emissions unlt{s). A significantemissions 

### increase of

### a regulated 

### new source review pollutant is projected to

### occur ifthe sum ofthe 

### ditrerence betweenthepotential to emit from each new emissions unit following completion ofthe 

### project and the baseline actlllll em!ssioM ofthese units before

### the projecrequals or 

### exceeds the significant amount for that pollutant. (5) 

### [Reserved] (6) Hybrid 

### test for project> that Involve multiple typet of

### emissions units. Asignificant emissions increase ofaregulated new source review pollutant is projected to occur ifthe sum ofthe emissions. increases for each emissions unit, using the method specified in Paragraphs (3) 

### and (4) 

### ofSubsection B 

### of 20.11.60.12 NMAC 

### as applicable with respect to each emissions unit,. for each type ofemissions unit**eq~U~Is** 

### or exceeds the significant amount for that pollutant (as defined in Subsection MM of20.1 I.60.7 NMAC). C. 

### Forany m'lior stationary source for 

### aPAL for aregulated new source review pollutant, the major stationary 

### source shall comply with 

### requirements under 20.11.60.27 NMAC. [20.1 1.60.12NMAC- N, 

### 1123/06; A, 8/30/10; 

### A, 5113/13)



### 10..11.60.13 SOURCE OBLIGATION AND ENFORCEABLE PROCEDURES: A. AI such 

### time thataparticular source ormodification becomes a m!\ior stationary source ormajor modification solely by virtue ofarelaxation in any enforcement limitation which was established after 

### August 7,

20.11.60 NMAC 101980, on the capacity oflhe 

### source ormodification otherwise to emit 

### apollutant such as 

### a restriction on hours of operation. then the requirement5 ofregulations approved pursuant to [:10.11.69 •IM,A,C] 40 CFR 51.165 shall apply to the source or modification as lhough construction had not yet commenced on the source or modification. B. Approval to construct shall not relieve any owner or operator ofthe responsibility to comply fully with applicable provision ofthe plan and any other requirement5 under local, state orfederal law, including provisions ofthe Air Quality Control Act, Sections 74-2-lto 74-2-17, NMSA 1978, and any applicable regulations oFthe board. C. Any owner or operator who commences construction or operates a major stationary source or major modification without, or not in accordance with, a permit issued under the requirement5 of20.11.60 NMAC shall be subjectto enforcement action. D. Approval to construct shall become invalid ifconstruction is not commenced within I8 months after receipt ofsuch approvalt ifconstruction is discontinued for a period of 18 months or more, or ifconstruction is not completed within areasonable time. For aphased construction project, each phase must commence construction within 18 months ofthe projected and approved commencement date. The director may extend the 18-month period upon asatisfactory showing that an extension isjustified. E. For phased construction projects, the determination ofthe lowest achievable emission rate shall be reviewed and modified as appropriate at the latest reasonable time but no later than 18 months prior to commencement ofconstruction ofeach independent phase ofthe project. At such time, the owner or operator ofthe applicable stationary source may be required to demonstrate the adequacy ofany previous determination oflowest achievable emission 

### rate. F. lfthe owner or operator previously issued a permit under 20.11.60 NMAC applies for an extension 

### as provided for under Subsection 0 of20.11.60.13 NMAC, and the new proposed date ofconstruction is greater than 18 months from the date.the permit would become invalid, the determination oflowest achievable emission rate shall be reviewed and modified 

### as appropriate before such an extension is granted. At such time, the

owner or operator may be required to demonstrate the adequacy ofany previous determination oflowest achievable emission rate. [20.11.60.13 NMAC- Rp, 20.11.60.12 NMAC, 1123/06; A, 8130/10; A, 5113113)

20.11.60.15 BASELINE FOR DETERMINING CREDIT FOR EMISSION AND AIR QUALITY OFFSETS: A. For sources and modifications subject to any preconstruction review program adopted pursuant to [29.ll.li4lWMAC] Subsection 4Q CFR 51.165(al, the baseline Fordetermining credit for emissions reductions is the emissions limit under the applicable state implementation plan (SIP) in effect at the time the application to construct is filed. except that the offset baseline shall be the actual emissions ofthe source from which offset credit is obtained where: (I} the demonstration ofreasonable further progress Wld attainment ofambient air quality standards is based upon the actual emissions ofsources located within a designated nonattainment area for which the preconstruction review program was adopted; or (2) the applicable SIP does not contain an emissions limitation For that source or source category. B. Combustion offuels. (1) Where the emissions limit under the applicable SIP allows greater emissions than the potential to emit ofthe source, emissions offset credit will be allowed only for control below this potential. (2) For an existing fuel combustion soun:c, credit shall be based on the allowable emissions under the applicable SIP for the type offuel being burned at the time the permit application to construct is filed. Ifthe existing

source commits to switch to a cleaner fuel at some future date, emissions offset credit based on the allowable (or actual) emissions for the fuels involved is not acceptable, unless the permit is conditioned to require the use ofa specified alternative comrol measuret which would achieve the same degree ofemission reduction should the source switch back to a dirtier fuel at some later date. The department should ensure that adequate long-term supplies or the new fuel are available before granting emissions offset credit For fuel switches. (3) Emission reduction credit from shutdowns and curtailments. (a) Emissions reductions achieved by shutting down an existing emission unit or curtailing production oroperating hours may be generally credited for offsets ifthey meet the requirements in Items (i) and (ii) ofSubparagraph (a) ofParagraph (3) ofSubsection B of20.11.60.15NMAC. (i) Such reductions are surplus, permanent, quantifiable, and Federally enforceable. (ii) The shutdown orcurtailment occurred after the last day ofthe base year fur the SIP planning process. For purposes ofItem (ii) ofSubparagraph (a) ofParagraph (3) ofSubsection B oF20.11.60.15

20.11.60 NMAC IINMAC, the department may choose 10 consider a prior shutdown orcunailment to have OCCUlTed after the last day ofthe 

### base year if

### the projected emissions inventory used to develop the attainment demonstration 

### explicitly**in~ludes** the emissions 

### ftom such previously shutdown or curtailed emission units. However, in no event may credit he given for shutdowns that occurred 

### before August7, 1977. (b) Emissionsreductions 

### achieved by shuning down 

### an existing emissions unit orcurtailing production or operating hours and that do not meet the requirements in lrem (ii) ofSubparagraph (a) ofParagraph (3) ofSobsection B of20.11.60.1S NMAC may be generally credited only if: (i} the shutdown or curtailment occurred 

### on or afterthe date the construction permit application is filed; or (ii) the applicmlt 

### can establish that the proposed new emissions unit is areplacement for the shutdown or curtailed emissions unit, and the emissions reductions achieved by the shutdown orcurtailment met the requirements ofItem {i) 

### otSubparagraph 

### (a) ofParagraph (3} ofSubsection B of20.11.60.15 NMAC. ( 4) No emissions credit shall be allowed for replacing one hydrocarbon compound with another of lesserreactivity, except forthose compounds listed in Table 

### I ofEPA's 

### RecommendedPoliC)' on Control ofVolatile Organic Compounds (42 FR 35314, July 

### 8, 1977} and any amendments thereto. {5) All emission reduc!ions claimed as offset credit shillI befederally enforceable. (6) Procedtrres relating to the pennissible location ofoffsetting emissions shall 

### he followedwhich are a! least as stringent as those set out in 40 CFR Part Sl Appendix S Section IV.D. (7} Creditfor an emissions redtll:tion can be claimed to the extem that the deportment has notrelied



### on it in issuing 

### any 

### permit under regulations approved 

### pursuant to 40 CFR Part S

### l Subpartl or the department has not relied on itin demonstration anainment orreasonable further progre••· (S) [Reserved] (9) [Reserved] (10) The total tonnage ofincreased emissions, in tons per

### year, resulting from a major modification !hatmust be offset in accordance with Section 173 of

### !he federal Clean Air Act shall be determined by summing lhe difference between the allowable emissions afterthe modification and the actual emissions hefore the modification 

### foreach emissions unit C. All emission reductions claimed 

### as oflSet credit shall 

### occur prior to or c:oncurrefitwith the start of operation ofthe propelled 

### soun:e. In addition, pastreductions must have 

### occurred ia!er than the date upon which the



### area became nonattainment in 

### Older 10 be creditable. D. The owner or operator desiring.to utilize an emission reduction

## as an offset shall submit to the deportment the following infonnation: (I) 

### adetailed description ofthe 

### process to be controlled and the control tecltnology to be IISed; and (2} emission calcuia!ions showing the types and amounts ofactual emissions to bereduced; and (3) the effective date ofthe reduction. [20.11.60.15 NMAC- 

### Rp, 20.11.60.14 NMAC, 1123!06; 20.11.60.15 NMAC • 

### N, 8/30/10; A, 5113113]

20.1 L60 NMAC 12