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, 2013, 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-2013-0616-0003 
SUSANA MARTINEZ 

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) 

144 5 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 

BUTCH TONGATE 

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 Amu and 20 .11. 61 NI\1AC, Pre~~tntion of S ignijicant 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 of Significant Deterioration. 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 

Enclosures 
NMACTRANSMnTALFORM 

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 

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New c:=J Amendment W Renumber D Repeal D Emergency c=J 

No X Yes 

New 

Ordinance, Bernalillo 

Revised Ordinances 

Please list attachments and 

Internet site(s) if applicable 

YesD 

Name: Dona Upson, MD 

Title: Board Chair 

~ur~~ 

5/13/13 

1. 

2 

Public domain D 

Check if delegated 

authority [K1 
ZUI3 API~ I Z MilO: 0 3 

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 of emissions of a regulated new source review poJiutant 

from an emissions unit, as detennined in accordance with Paragn~phs (l)-(3) of Subsection 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 of a 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 of normal source operation. The department shall allow the use of a 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 of materials 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 that has not begun nonnal operations on the particular date, actual 

emissions shall equal the potential to emit of the unit on that date. 

B. ~Administrator" means the administmtor ofthe United States environmental protection agency 

(U SEP A) or an authorized representative. 

C. ~Adverse impact on visibility" means visibility impairment which interferes with the 

managemen~ protection, preservation, or enjoyment ofthe visitor's visual experience of the mandatory federal class 

I area. This determination must be made on a case-by-case basis taking into accowll the geographic exte~ 

intensity, duration, frequency, and time of the visibility impainnents and how these factors correlate with: 

(I) times of visitor use of the mandatory federal class I area; and 

{2) the frequency and timing of natural 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 of a stationary source calculated using the 

maximum rated capacity of the source, (unless the source is subject to fedemlly enforceable limits which restrict the 

operating rate, or hours of operation, 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 of emissions, in tons per year, of a regulated new 

source review pollutant, as detennined in accordance with Pamgmphs (1)-(4) ofSubseetion E of20.11.60.7 NMAC. 

(I) For any 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 or operator within the five year period immediately preceding when the owner or 

operator begins actual construction of the project. The department shall allow the use of a different time period 

upon a determination that it is more representative of normal 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 being cbenged. A different 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 if required 

by Subparagraph (b) ofl'aragraph(l) ofSubseetion E of20.1l.60.7 NMAC. 

(2) For an existing emissions unit (other than an electric utility ste11111 generating unit) baseline actual 

emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during 

any consecutive 24-mcnth period selected by the owner or operator within the 10 year period immediately preceding 

either the dare the owner or opem!or begins actual construction of the proje<:l, or the date a complete permit 

application is received by the depanment for a permit required either under 20.11 .60. 7 NMAC or under a plan 

approved by the 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 an emission limitation with which the major stationary source must currently comply, had such major 

stationary soun:e been required to comply with such limitations during Ute consecutive 24-month period. However, 

if an emission limitation is pan of a maximum achievable control technology standard that the administrator 

proposed or protnulgatud under 40 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 of Paragraph (7) ofSubseerion B of20. 11 .60. 1 S NMAC. 

(d) For a regulated new source review pollutant, when a project involves multiple emissions 

units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the 

emissions units being changed. A dit'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 per year, and for adjusting this amount if required 

by Subparagraphs (b) and (c) of Paragraph (2) of Subsection E of20. 11.60.7 NMAC. 

(3) For a new emissions unit. the baseline actual emissions for purposes of determining the emissions 

increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for 

all O!her purposes, shall equal the unit's potential to emit. 

(4) For a plantwide applicability limit for 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} of Subsection E of20. 11 ,60.7 NMAC, for other existing emissions units in accordance with the 

procedures contained in Paragraph (2) of Subse<:tion E of20.11.60.7 NMAC, aod for a new emissions unit in 

accordance with the procedures conlllined in Paragraph (3) of Subsection E of20, 11.60.7 NMAC. 

F. allegln aetual construction" means in general, initiation of physical on-site construction 

activities on an emissions unit which are of a permanent narure. Such activities include, but are not limited to, 

installation of building supports and foundations, laying of underground pipeworl<, and construction of permanent 

storage structures. With respect 10 a change in method of operating this term refers to those on-site activities other 

than preparatory activities which mark the initiation of lhe change. 

G. "Best available control technology (BACT)" means an emissions lim nation (including a visible 

emissions standard) based on the maximum degree of reduction for each regulated new soun:e review pollutant 

which would be emitted from any proposed major stationary soun:e or major modification which the depamnent, on 

a case-by-case basis. taking into account energy, environmental, and economic impacts and other costs, determines 

is achievable for such source or modification through application of production processes or available methods, 

systems, and techniques, including fuel cleaning, clean fuels, or ln!atment or innovative fuel combustion techniques 

for control of such pollurant. In no event shall application of best available control technology result in emissions of 

any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Part 60 or 61. If 

!he department determines thai technological or economic limitations on the application of meosurement 

methodology 10 a particular emissions unit would make the imposition of an emissions standard infeasible, a design, 

equipment, work practice, operational standard, or combination thereof, may he prescribed instead to satisfy tile 

requirement for the application of BACT, Such standard shall, to the degree possible, set forth the emissions 

20.1 1.60 NMAC 
reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for 

compliance by means which achieve equivalent results. 

H. "Building, structure, facility or installation" means all of the pollutant-emitting activities which 

belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under 

the control of the same person (or persons under common control) except the activities of any vessel. Pollutantemitting activities shall be considered as part of the same industrial grouping if they belong to the same "'major 

group," that is, which have the same two-digit code, as described in the standard industrial 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 of a major 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, a continuous program of actual on-site construction of the 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 a program of actual construction of the source to be 

completed within a reasonable time. 

J. "Construction" means any physical change or change in the method of operation (including 

fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in a change 

in actual emissions. 

K. ~continuous emissions monitoring system (CEMS)" means all oft he equipment that may be 

required to meet the data acquisition and availability requirements of20.11.60 NMAC, to sample, condition (if 

applicable), analyze, and provide a record of emissions on a continuous basis. 

L. "Continuous emissions rate monitoring sy•tem (CERMS)" means the total equipment required 

for the determination and recording ofthe pollutant mass emissions rate (in terms of mass per unit oftime). 

M. "Continuous parameter monitoring system (CPMS)" means all of the 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 of supplying more than one-third of its potential electric output capacity and more than 

25 megawatts electrical output to any utility power distribution system for sale. Any steam supplied to a steam 

distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical 

energy for sale is also considered in determining the electrical energy output capacity of the affected facility. 

0. "Emi9Sions unit" means any part of a stationary source that emits or would have the potential to 

emit any regulated new source review pollutant and includes an electric steam generating unit as defined in 

Subsection N of20.11.60.7 NMAC. For purposes of20.11.60.7 NMAC, there are two types of emissions units as 

described in P11n1graphs (I) and (2) of Subsection 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) of Subsection 0 of20.11.60.7 NMAC. A replacement unit, as defined in 20.11.60.7 NMAC, is an existing unit. 

P. "Federal class J area" 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 pursuant to 40 CFR Parts 60 and 61, requirements within any 

applicable state implementation plan, any permit requirements established pursuant to 40 CFR 52.21 or under 

regulations approved pursuant to 40 CFR Part 51, Subpart I including 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 a stack, 

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 sningent emissions limitation which is contained in the implementation plan of any state 

for such class or category of stationary source, unless the owner or operator of the proposed stationary source 

demonstrates that such limitations are not achievable; or 

(2) the most stringent emissions limitation which is achieved in practice by such class or category of 

stationary source; this limitation. when applied to a modification, means the lowest achievable emissions rate for the 

new or modified emissions units within the stationary source; in no event shall the application of this tenn pcnnh a 

proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an 

applicable new source performance standard. 

U. "Major modtfi~ation" means: 

(I) Any physical change in or change in the method of operation of a major stationary source that 

would result in: 

(a) a significant emissions increa$0 of a regulated new source review pollutam; and 

(b) a significant net emissions increase of that pollutant from the major stationary source. 

(2) Any significant emissions increase from any emissions units or net emissions increase at a major 

stationary source that is significant for volatile organic compounds or oxides of nitrogen shall be considered 

significant for ozone. 

(3) A physical change or change in the method of operation shall not include: 

(a) routine maintenance, repair1 and replacement; 

(b) use of an alternative fuel or raw material by reason of an order under Section 2 (a) and (b) 

of the Energy Supply and Environmental Coordination Act ofl974, or any superseding legislation, or by reason of a 

natural gas curtailment plan pursuant to the Federal Power Act; 

(c) use of an alternative fuel by reason ofan order or rule under Section 125 of the federal 

Clean Air Act; 

(d) use of an alternative fuel at a steam generating unit to the extent that the fuel is generated 

from municipal solid waste; 

(e) use of an alternative fuel or raw material by a stationary source which; 

(i) the source was capable ofaccommodating before December 21, 1976, unless such 

change would be prohibited under any federally enforceable permit condition which was established after December 

2 I, 1976 pursuant to 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 to 40 CFR 51.166; 

(f) an increase in the hours of operation or in 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 52.2 I or under regulations approved pursuant to 40 CFR 5 I .165 or 40 CFR 51.166; 

(g) any change in ownership at a stationary source; or 

(h) the installation, operation, cessation, or removal of a 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) other requiremenr. 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 particular regulated new source review pollutant 

when the major stationary source is complying with the requiremenn under 20.11.60.27 NMAC for a plantwide 

applicability limit fur that pollutant. Instead, the definition at Paragraph (8) of Subsection B of20.11.60.27 NMAC 

shall apply. 

(5) For the purpose of applying the requirements of20.11.60. 17 NMAC to modifications at major 

stationary sources of nitrogen oxides located in ozone nonattainment areas or in ozone transport regions. whether or 

not subject to Subpart 2, Part D, Title I of the act, any significant net emissions increase of nitrogen oxides is 

considered significant for ozone. 

(6) Any physical change in, or change in the method of operation of, a major stationary source of 

volatile organic compounds that results in any increase in emissions of volatile organic compounds from any 

discrete operation, emissions unit, or other pollutant emitting activity at the source shall be considered a significant 

net emissions increase and a major modification for ozone, if the major stationary source is located in an extreme 

ozone nonattainment area that is subject to Subpan 2, Pan D. Title I of the act. 

V. "Major stationary source" 

(I) Means: 

20. I 1.60 NMAC 4 
(a) Any swionary source of air pollutants that emits, or has the potential to emit, 100 tons per 

year or more of any regulated new source review pollutan~ except thar lower emission thresholds shall apply in 

areas subject to Subpart 2, Subpart 3, or Subpart 4 of Part D, Title 1 of the act, according to lrems (i)-(vi) of 

Subparagraph (a) of Paragraph (I) of Subsection V of10.11.60.7 NMAC. 

(i) 50 tons per year of volatile organic compounds in any serious ozone nonattainment 

area. 

(ii) 50 tons per year of volatile organic compounds in an urea within Bn ozone transport 

region, except for any severe or extreme ozone nonattainment area. 

(iii) 25 tons per year of volatile organic compounds in any severe ozone nonanainment 

area. 

(iv) 10 tons per year of volatile organic compounds in any extreme ozone nonattainment 

area. 

(v) 50 tons per year of carbon 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 by the administrator). 

(vi) 70 tons per year of PM 10 in any serious nonattainment area for PM 10• 

(b) For the purposes of applying the requirements of20.11.60.17 NMAC to stationary sources 

of nitrogen oxides located in an ozone nonattainment area or in an ozone. transport region, any stationary source 

which emits, or has the potential to emit, I 00 tons per year or more of nitrogen oxides emissions, except that the 

emission thresholds in Items (i)-{vi) of Subparagraph (b) of Paragraph (I) of Subsection V of 20.11.60.7 NMAC 

shall apply in areas subject to Subpart 2 of Part D, Title I of the acL 

(i) I 00 tons per year or more of nitrogen oxides in any ozone nonanainment area 

classified as marginal or moderate. 

(ii) 100 tons per year or more of nitrogen 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) I 00 tons per year or more of nitrogen oxides in any area designated UJJder Section 

I07(d) of the act as attainment or unclassifiable for ozone that is located in an ozone transport region. 

(iv) 50 tons per year or more of nitrogen oxides in any serious nonattainment area for 

ozone. 

(v) 25 tons per year or more of nitrogen oxides in any severe nonattainment area for 

ozone. 

(vi) 10 tons per year or more of nitrogen 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) of Paragraph (I) of Subsection V of20.11.60.7 NMAC as a majorstationary source, if the 

change would constitute a major stationary source by itself. 

(2) A major stationary source that is major for volatile organic compounds shall be considered major 

for ozone. 

(3) The fugitive emissions of a stationary source shall not be included in determining for any of the 

purposes of Subsection V of20.11.60.7 NMAC whether it is a majorstationary source, unless the source belongs to 

one of the following categories of stationary 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 or 312140; 

(d) coal cleaning plants (with thermal dryers); 

(e) coke oven batteries; 

(f) fossil fuel-fired steam electric plants of more than 250 million Btulhr heat input, 

(g) fossil fuel boilers (or combinarion 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; 

5 
barrels; 

(n) municipal incinerators capable of charging more than 250 tons of refuse per day; 

( o) nitric acid plants: 

(p) petroleum refineries; 

( q) petroleum storage and transfer units with a total storage capacity exceeding 300,000 

(r) phosphate rock processing plants; 

(s) Portland cement plant; 

(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) sulfur recovery plants; 

(aa) sulfuric acid plants; 

(bb) lliConite ore processing plants; or 

(cc) any other stationary source category which, as of Aug\lst7, 1980, is being regulated under 

Section Ill or 112 of the 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 of visual range, conll'liSI or coloration. 

Y. "Nece:snry prec:onstructlon approvals or permits" means those permits or approvals required 

under federal air quality control laws and regulations and those air quality control laws and regulations which are 

part ofthe applicable state implerneutation plan (SIP}. 

Z. "Net emlssiOIU lncreaseft 

(I) Means, with respect to any regulated new source review pollutant emitted by a major stationary 

so~. the amount by which the sum ofthe following ex.:eeds zero: 

(a) the increase in emissions from a particular physical change or change in the methnd of 

operation ala S!lllionary so~ 115 calculated pursuant to Subsetlion B of20.11.60.12 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) of Paragraph (l) of Subsection 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) of Paragraph {2) of Subsection E of20,11.60.7 NMAC shall not apply, 

(2) An increase or decrease In actual emissions is contemporaneous with the increase from the 

particular change only if it occur.; before tha date that the increase from the particular change occurs. 

(3) An increase or decrease in actual emissions is creditable only if: 

(a) it occur.; between: 

(i) the date five yean; prior to tha commencement of construction 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 a permit for the source under regulations 

approved pursuant to 40 CFR S L 165, which permit is in effect when the increase in actual emissions from the 

particular change occurs. 

(4) An increase in actual emissions is creditable only to the extent that the new level of actual 

ctnissions exceeds the old level. 

{S) A decrease in actual emissions Is creditable only to the extent that: 

(a) the old level ofactual emissions or lhe old level ofallowable emissions whichever is lower, 

exceeds the new level of actual 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 

pursuant to 40 CFR Part 51 Subpart 1 or 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 that results from a phyoical change at a source occurs when the.cmissions unit on 

which construction occurred becomes operational and begins to emit a particular pollUiant. Any replacement unit 

that requires shakedown becomes operational only after a reasonable sbakedown period, not to exceed 180 days. 

(7) Paragraph (I) of Subsection A of20.ll.60. 7 N MAC 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 data or 

which is calculated by air quality modeling, or other methods 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) of Section 107(d)(l) of the federal Oean Air Act. 

88. "Nonatllllnment major new source review (NSR) program" means a major source 

preconstruction permit program that has been approved by the administrator and incorporated into the New Mexico 

slllte implementation plan to implement the ,..quirements of 40 CF!l51.165, or a program that implements 40 CFR 

Part 51, Appendix S, Se<:tlons I through VI. Any permit issued under such a program is a major new source review 

penn it. 

CC. uPart• means an air quality control regulation under Tille 20, Chapter II of the New Mexico 

administrative code (NMAC), unless otherwise noted; as adopted or amended by the board. 

DD. "Portable sllltionary source• means a source which can be relocaled to another operating site 

with limited dismantling and reusembly. 

EE. uPotetltlalto emit" means the maximum capacity of a stationary SOiltCe to emit a pollutant under 

liS physical and operational design. Any physical or operational limitation on the capacity uf the source to emit a 

pollutant, including air pollution control equipment aod restrictions on hoUBof operation or on the type or amount 

uf material combusted, stored, or processed, shall be treated as part of Its design only if the limilalion ar the effect it 

would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to 

emit ofa stationary source. 

FF. ~Predictive emissions monitorin1 system (PEMS)" means all of the equipment necessary Ill 

monitor process and control device operational parametm {for example, conU'OI device secondary vollages and 

eleclric currents), and other information {for example, gas flow rate, oxygen or carbon dioxide concentrations), and 

calculate and record the mass emissions rille (for example, poUilds per hour), on a continuous basis. 

GG. "Preveatlon ofsignlflcant deterioration (PSD) permit" means any permit that is issued under 

20.11.61 NMAC. 

HH. "Projectfi means a physical changa in, or changa in the method of operation of, an existing major 

stationary source. 

11. "Projected actual emissions• 

(I) Means, the maximum annual rate, in tons per year, at which an existing emissions unit is 

projected to emit a regulated new source review pollutAAt in any one of the ffve yean ( 12-month period) following 

the date the unit resumes regular operation after the project, or in any one of the l 0 years following that date, if the 

projoet involves increasing the emissions unit's design capacity or its potential to emit of that regulated new source 

review pollutant and full utilization ofthe unit 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) of Subsection 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 of business activity, the company's filings with the state or federal 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 that results !Tom the particular 

project, that portion of the unit's emissions following the project that an existing unit could have accommodated 

during the consecutive 24-month period used 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 particular project, including any increased utilization due to 

product demand growth; or, 

(d) in lieu of using the method set out in [P<I~hs (I) lhAlll!lh (1)] Subpa!lll!l'lll?hs (a) 

through (c) of Paragraph (2) of Subsection 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 a national ambient air quality standard has been promulgated; or 

(3) any pollutant that is a constituent or precursor of a general pollutant listed under Paragraphs (I) or 

(2) of Subsection JJ of20.11.60.7 NMAC, provided that such constituent or precursor pollutant may only be 

regulated under new souree review as pan of regulation 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 

non attainment areas; 

(b) sulfur dioxide is a precursor to 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 or EPA demonstrates that emissions of nitrogen 

oxides from sources in a specific area are not a significant contributor 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 or EPA demonstrates that 

emissions of volatile or<>d!nic compounds or ammonia from sources in a speciftc area are a significant contributor to 

that area's ambient PM:ts eoneentrntions; or 

(4) PM,. emissions and PM10 emissions shall include gaseous emissions from a source or activity 

which condense to form particulate matter at ambient temperatures; on or after January 1, 2011 (or any earlier date 

established in the upcoming rulemaking 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 major NSR penn its; compliance with emissions limitations for PM,,, and PM10 issued prior to this 

date shall not be based on condensable particulate matter unless required by the terms and conditions oft he 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 of this section unless the applicable 

implementation plan required condensable particulate matter to be included. 

KK. "Replacement unir' means an emission unit for which all of the criteria listed in Paragraphs (I)-

(4) of Subsection 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 of 40 CFR 60.15(b)(l), or the 

emissions unit completely tskes the place of an 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) of the process unit. 

(4) The replaced emissions unit is permanently removed from the major stationary source, otherwise 

permanently disabled, or permanently 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. "Secondary emissions" means emissions which would occur as a result of the construction or 

operation of a major stationary source or major modification. but do not come from the majorstationary soun:e or 

major modification itself. I' or the purpose of20.1l.60.7 NMAC, 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 of the construction or operation of the major stationary source 

or major modification. Secondary emissions do not include any emissions which come directly from a mobile 

source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. 

MM. "Significant'" means, Jn reference to a net emissions increase or the potential of a source to emit 

any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates: 

( 1) Pollutant emission rates: 

20.11.60 NMAC 

(a) carbon monoxide, l 00 tons per year; 

(b) nitrogen oxides, 40 tons per year; 

{c) sulfur dioxide, 40 tons per year; 

8 
(d) PM10 emissions, 15 tons per year; 

(e) ozone, 40 tons per year of volatile organic compounds or nitrogen oxides; or 

(f) lead. 0.6 rons per year, or 

(g) PMu 10 tons per year of direct PM1J emissions; 40 tons per year of sulfur dioxide 

emissions; 40 tons per year of nitrogen oxide emissions unless dcmonstmted not to be a PMH precursor under 

Subsection JJ of20J 1.60.7 NMAC. 

(2) Notwithstanding tbe significant emissions rate for ozone in Paragraph (I) of Subsection M M of 

20.1 1.60.7 NMAC, significant mean., in reference to an emissions increase or a net emissions inci'I:OS", any increase 

in aclwll emissions of volatile organic compounds that would result !Tom any physical change in, or change in tbe 

method of operation of, a major stationarY SQurce locating in a serious or severe ozone nonattainment area that is 

subject to Sllbpan 2, Part 0, Title l of the act, if such emissions increase of volatile organic compounds exceeds 25 

tons per year. 

(3) For the purposes of applying the requirements of20.1 1.60.17 NMAC to modifications at major 

stationary sourc.es of nitrogen oxides located in an ozone nonattainment area or in an ozone tnlnsport region, the 

significant emission rates and otber requirements 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 increase in a<:tual emissions of carbon monoxide that would result from any physical change in, or 

change in the method of operation of, a major stationarY sou~ in a serious nonanainment area for carbon monoxide 

if such illCrelllle equals or exceeds 50 tons per year, provided the administmtor has detennined that stationarY 

sources contnbUle significantly to carbon monol<lde levels in that area. 

(5) Notwithstanding tbe sipificant emissiOns rates for ozone under Paragraphs (I} and (2) of 

Subsection MM of20.11.6().7 NMAC, any increase in actual emi!lSions of volatile organic compounds from any 

emissions unit at a major sllltionary source of volatile organic compounds located in an extreme ozone 

nonanainment area that is subject to Subpart 2, Pan 0, Title I oftbeact shah be r:onsidered a significant net 

emissions increase. 

NN. "Sipifica111 emiuions !n~rase• means, for a teg~~lated new source review pollulllnt, an increase 

in emissions that b significant for !hat pollutant. 

00. "Stationary sour~" means any building, structure, facill!y, or installation which emits or may 

emit any replated new souree miew pollutant. 

PP, "Temporary soul't<!" means a stationary soun:e which changes il!llocation or ceases 10 exist 

within one year !Tom the date of Initial start of operations. 

QQ. "Visibility lmpalrtnent" means any humanly perceptible change in visibility,lhat is.. visual range, 

contmst, coloration, !Tom that which would have existed under nalu!al conditions. 

[20.11.60.7 NMAC- 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 major atationarY source or major modification shall obtain a 

permit from the department in accordance with the requiremenl!l of20.11.60 NMAC prior to tbe start of construction 

or modification if eitber of the following conditions under Paragraph (I) or (2) of Subsection A of20.ll.60. 12 

NMACapply. 

( 1) Sources that would locate in a deslgaated nollllttainmeat area. The proposed major stationary 

source or tnl1ior modification would be located whhin a nonatlllinment area so designated pursuant to Section 

I07(d)(I)(A)(i) of the 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 or unclasslflllble areas which would eause or contribute 

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 pursuant to Section I 07 of the federal Clean Air Act, 

and will emit a regulated new source review pollutant for which it is major and when it would cause or contribute to 

a violation of any NAAQS. 

(b) A major source or major modification will be considered to cause or contribute to a 

violation ofa NAAQS when such source or modifiCation would, at a minimum, exceed the following sipificance 

levels at any totality that does not or 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 

Sulfur Dioxide LO u~~om' 5 11glm' 25 ll!!lm' 

0.3 Wll m' 1.1 wm' 

PM,. 

Nitrogen Dioxide 

Carl:!un Monoxide 0.5 ml!im' 2m21m ... 

(3) A prop<>sed major soun:e or nuijor modification subject to Subsection A of20.ll.60.12 NMAC 

may reduce the impact of its emissions upon air quality by obtaining sufficient emission reductions to, at a 

minimum, compensate for its adverse ambient impact where the major source or major modification would 

otherwise cause or contribute to a violation of any national ambient air quality standard. In the absence of such 

emission reductions, the department shall deny the proposed construction. 

(4) The requirements of Subsection A of20.11.60.12 NMAC shall not apply to a moijor stationary 

sou.ee or major modification with respect to a particular pollutant if the owner or operator demonstrates that,. as to 

that pollutant, the SOUTCI! or modification is located in an area designated as nonattainment pursuant to Section 1()7 

of the act. 

B. Applicability p......,durt!S. 

(I) Except .. otheTWise provided in Subsection C of20.11.60.12 NMAC, and consi>lent with the 

defmition of major modification, a project is a major modification for a regulated new source review pollutant if it 

cauteS two types of emissi()ns increases - a signif..:ant emissions increase, and a significant net emissions increase. 

The project is not a ll'llljor modifkation if it does not cause a significant emissions 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 of the process) will occur depends upon the type of emissions units being 

modified. according to Paragraphs (3), (4) and (6) of Subsection B of20.1!.60.12'NMAC. The procedure for 

calculating (before beginning actual construction) whether a significant net emissions increase will occur at the 

major stationary soun:e (i.e. the ~ond step of the process) is contained in the definition of net emissions increase. 

Regardless of any such preconstruction projections, a major modif!Clltion results ifthli projcctcauses a significant 

emissions increase and a signific1111t net emissions increase. 

(3) Actual-to•projeeted-actual applicabillt)• test for projects tbat involve.nistlng emissions 

units. A significant emissions increase of a regulated new source review pollutant is projeeted to occur if the sum of 

the difrerenee between the projected actual emissions and the baseline actual emissions for each existing emissions 

unit, equals or exceeds the significant amount for that pollutant. 

(4) Actual-to-potential tat for project> that only Involve construction or a new emissions 

unlt{s). A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum 

of the ditrerence between the potential to emit from each new emissions unit following completion of the project 

and the baseline actlllll em!ssioM of these units before the projecr equals or exceeds the significant amount for that 

pollutant. 

(5) [Reserved] 

(6) Hybrid test for project> that Involve multiple typet of emissions units. A significant 

emissions increase ofa regulated new source review pollutant is projected to occur if the sum ofthe emissions. 

increases for each emissions unit, using the method specified in Paragraphs (3) and (4) of Subsection B of 

20.11.60.12 NMAC as applicable with respect to each emissions unit,. for each type of emissions unit eq~U~Is or 

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

C. For any m'lior stationary source for a PAL for a regulated new source review pollutant, the major 

stationary source shall comply with requirements under 20.11.60.27 NMAC. 

[20.1 1.60.12 NMAC- N, 1123/06; A, 8/30/10; A, 5113/13) 

10..11.60.13 SOURCE OBLIGATION AND ENFORCEABLE PROCEDURES: 

A. AI such time that a particular source or modification becomes a m!\ior stationary source or major 

modification solely by virtue of a relaxation in any enforcement limitation which was established after August 7, 

20.11.60 NMAC 10 
1980, on the capacity of lhe source or modification otherwise to emit a pollutant such as a restriction on hours of 

operation. then the requirement5 of regulations 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 of the responsibility to comply fully 

with applicable provision of the plan and any other requirement5 under local, state or federal law, including 

provisions of the 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 subject to enforcement action. 

D. Approval to construct shall become invalid if construction is not commenced within I 8 months 

after receipt of such approvalt if construction is discontinued for a period of 18 months or more, or if construction is 

not completed within a reasonable time. For a phased construction project, each phase must commence construction 

within 18 months of the projected and approved commencement date. The director may extend the 18-month period 

upon a satisfactory showing that an extension is justified. 

E. For phased construction projects, the determination of the 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 of construction of each independent phase of the project. At such time, the owner or operator of the 

applicable stationary source may be required to demonstrate the adequacy of any previous determination of lowest 

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 of 20.11.60.13 NMAC, and the new proposed date of construction is 

greater than 18 months from the date. the permit would become invalid, the determination of lowest 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 of any previous determination of lowest 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.li4l WMAC] Subsection 4Q CFR 51.165(al, the baseline For determining 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 of the source from which offset credit is obtained 

where: 

(I} the demonstration of reasonable further progress Wld attainment of ambient air quality standards 

is based upon the actual emissions of sources 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 of the 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 of fuel being burned at the time the permit application to construct is filed. If the 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 of a 

specified alternative comrol measuret which would achieve the same degree of emission 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 or operating hours may be generally credited for offsets if they meet the requirements in Items (i) and (ii) 

of Subparagraph (a) of Paragraph (3) of Subsection B of20.11.60.1 5 NMAC. 

(i) Such reductions are surplus, permanent, quantifiable, and Federally enforceable. 

(ii) The shutdown or curtailment occurred after the last day of the base year fur the SIP 

planning process. For purposes of Item (ii) of Subparagraph (a) of Paragraph (3) of Subsection B oF20.11.60.15 

20.11.60 NMAC II 
NMAC, the department may choose 10 consider a prior shutdown or cunailment to have OCCUlTed after the last day 

of the 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) Emissions reductions achieved by shuning down an existing emissions unit or curtailing 

production or operating hours and that do not meet the requirements in lrem (ii) of Subparagraph (a) of Paragraph 

(3) ofSobsection B of20.11.60.1S NMAC may be generally credited only if: 

(i} the shutdown or curtailment occurred on or after the date the construction permit 

application is filed; or 

(ii) the applicmlt can establish that the proposed new emissions unit is a replacement for 

the shutdown or curtailed emissions unit, and the emissions reductions achieved by the shutdown or curtailment met 

the requirements of Item {i) ot Subparagraph (a) of Paragraph (3} of Subsection B of20.11.60.15 NMAC. 

( 4) No emissions credit shall be allowed for replacing one hydrocarbon compound with another of 

lesser reactivity, except for those compounds listed in Table I of EPA's Recommended PoliC)' on Control of Volatile 

Organic Compounds (42 FR 35314, July 8, 1977} and any amendments thereto. 

{5) All emission reduc!ions claimed as offset credit shill I be federally enforceable. 

(6) Procedtrres relating to the pennissible location of offsetting emissions shall he followed which are 

a! least as stringent as those set out in 40 CFR Part Sl Appendix S Section IV.D. 

(7} Credit for an emissions redtll:tion can be claimed to the extem that the deportment has not relied 

on it in issuing any permit under regulations approved pursuant to 40 CFR Part S l Subpart l or the department has 

not relied on it in demonstration anainment or reasonable further progre••· 

(S) [Reserved] 

(9) [Reserved] 

(10) The total tonnage of increased emissions, in tons per year, resulting from a major modification 

!hat must be offset in accordance with Section 173 of !he federal Clean Air Act shall be determined by summing lhe 

difference between the allowable emissions after the modification and the actual emissions hefore the modification 

for each emissions unit 

C. All emission reductions claimed as oflSet credit shall occur prior to or c:oncurrefit with the start of 

operation of the propelled soun:e. In addition, past reductions 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) a detailed description of the process to be controlled and the control tecltnology to be IISed; and 

(2} emission calcuia!ions showing the types and amounts of actual emissions to be reduced; and 

(3) the effective date of the 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