### 1



# TECHNICAL SUPPORT DOCUMENT

Title 20, Environmental Protection

Chapter 11, Albuquerque

- Bernalillo County Air Quality Control Board

Part 60 , Permitting in Nonattainment Areas



# Amend ed 20.11.60 NMAC

(Submitted: August 16, 2010

, and July 26, 2013)

July 27 , 2015

No material in this submittal package was designated as Confidential

Business Information (CBI)

FOR FURTHER INFORMATION CONTACT: M s. Erica Le Doux

, United States Environmental Protection Agency Region 6, Air Permits Section (6PD

- R), 1445 Ross Avenue, Dallas, Texas 75202

- 2733, (214) 665

- 7265

### 2 

# Contents

I. Executive Summary

................................ ................................ ................................ .............................. 3

A. What actions are evaluated in this technical support document?

................................ ................ 3

B. What actions are not addressed in this technical support document?

................................ .......... 3

C. Summary Table of Submittals Covered in this TSD

................................ ................................ ... 4

II. Technical Review of the New Mexico August 16, 2010, and July 26, 2013 SIP Revisions Submittals for the Albuquerque

- Bernalillo County Permitting in Nonattainment Areas Program

............................ 10

A. Evaluation of the August 16, 2010, and July 26, 2013 SIP revisions submittals with respect to the 40 CFR Part 51, Appendix V Completeness Checklist

................................ ................................ 10

B. Evaluation of the August 16, 2010, and July 26, 2013 SIP revisions submittals with respect to the federal requirements for Permitting in Nonattainment Areas Programs

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

i. How does the August 16, 2010, revision to the New Mexico for the City of Albuquerque

Bernalillo County NNSR program address the requirements of the NSR PM 2.5 

### Implementation

Rule?

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

ii. EPA’s Analysis of the August 16, 2010, Revisions to the New Mexico SIP for the Albuquerque

- Bernalillo County NNSR Permitti ng Program Submittal in light of the Litigation on the May 16, 2008 PM 2.5 

### NSR Implementation Rule

................................ ................................ ......... 15

iii. How does the August 16, 2010 and July 26, 2013, revision to the New Mexico PSD and NNSR program satisfy the Required Increment Component of the PM 2.5 

### Increment

– SILs

– SMC

Rule? 16

iv. EPA’s Analysis of the August 16, 2010 and July 26, 2013, New Mexico SIP Submittal in light of the Litigation on the October 20, 2010 PM 2.5 

### Increment

– SILs

– SMC Rule?

................... 17

v. How does the August 16, 2010 and July 26, 2013, revision to the New Mexico NNSR program satisfy the Final to Implement the 8

- hour Ozone (O 3 

### ) NAAQS

- Phase 2 and Certain Aspects of the 1990 Amendments Relating to NSR and PSD as They Apply to Carbon Monoxide (CO), PM and O 3 

### NAAQS (O 3 

### NAAQS Implementation Rule)?

................................ ..................... 17

vi. How does the August 16, 2010 and July 26, 2013, revision to the New Mexico NNSR program satisfy the PSD and NNSR: Reasonable Possibility in Recordkeeping ?

........................... 18

vii. How does the August 16, 2010 and July 26, 2013, revision to the New Mexico NNSR program satisfy the PSD and NNSR: Reconsideration of Inclusion of Fugitive Rule

..................... 19

vi. Annotated Tables

................................ ................................ ................................ .................... 21

C. Evaluation of the August 16, 2010, and July 26, 2013 SIP revisions submittals with respect to Section 110(l) of the CAA

................................ ................................ ................................ .................. 93

III. Conclusion

................................ ................................ ................................ ................................ .......... 93

### 3 

# I. Executive Summary

This technical support document (TSD) reviews New Mexico ’s proposed amendment s to the City of Albuquerque

- Bernalillo County ’s Permitting in Nonattainment Areas regulation (in Title 20, Chapter 11, Part

60 of the New M exico Admi nistrative Code (20.11.60 NMAC)) in the New Mexico State Implementation Plan (SIP) submitted on August 16, 2010

, and July 26, 2013 . This review will determine if the revisions to the New

Mexico SIP for the City of Albuquerque

- Bernalillo County ’s Nonattainment New Source Review (NNSR) permitting program are consistent with the requirements of the C lean A ir A ct (CAA) and EPA’s regulations, policy and guidance.



## A. What actions are evaluated in this technical support d ocument?

The New Mexico Air Qua lity S IP revision incorporates the amen ded 20.11.60 NMAC, Permitting in

Nonattainment Areas ; last approved by EPA on April 26, 2007 and effective on May 29, 2007

. See 72 FR

20728. The amended 20.11.60 NMAC applies exclusively to Bernalillo County, New Mexi co. Since the EPA’s approval action, the City of Albuquerque

- Bernalillo County Air Quality Control Board (AQCB) has adopted

and submitted several revisions for inclusion in the New Mexico SIP specifically to address revisions to the City of Albuquerque

- Bernalillo County ’s NNSR permitting program as follows :

August 16 , 2010

The Albuquerque

– Bernalillo County AQCB amended 20.11.60 NMAC, Permitting in Nonattainment Areas on July 14, 2010, after a public comment period and corresponding public hearing hel d the same evening. The regulations were filed with the New Mexico State Records Center , thereby adopted on July 28, 2010

. Governor

Bill Richardson submitted these regulations as a revision to the New Mexico SIP for the City of Albuquerque

Bernalillo Count y ’s NNSR P ermitting P rogram in a letter dated August 16, 2010.

As part of this action, EPA is addressing the revisions within 20.11.60 NMAC

, specifically sections 1, 2, 6, 7, and 12 through 27 (including the addition of f ive new sections) contained in the August 16, 2010 submittal

.

July 2 6, 201 3

The Albuquerque

– Bernalillo County AQCB amended 20.11.60 NMAC, Permitting in Nonattainment Areas on April 10, 2013, after a public comment period and corresponding public hearing held the same evening. The regulations were filed with the New Mexico State Records Center, thereby adop ted on April 12, 2013. The designee of the Governor , New Mexico Environment Department Cabinet Secretary, Ryan Flynn, submitted these regulations as a revision to the New Mexico SIP for the City of Albuquerque

- Bernalillo County ’s NNSR

P ermitting P rogram in a letter dated July 26, 2013

.

As part of this action, EPA is addressing the revisions within 20.11.60 NMAC specifically sections 6, 7, 12, 13

and 15 contained in this July 26, 2013 submittal.



## B. What actions are not addressed in this t echnical s upport d ocument?

The August 16, 2010 submittal also contained revisions to regulations within 20.11.61 NMAC

– PSD

P ermitting P rogram and Infrastructure SIP for PM 2.5 

### and Ozone. For the July 26, 2013 submittal , revisions to regulations within 20.11.61 NMAC

– PSD P ermitting P rogram and 20.11.42 NMAC

– Operating Permits were

### 4 also included. The revisions to 20.11.61 NMAC were submitted as revis ions to the New Mexico SIP. The 20.11.42 NMAC revisions were submitted as an update to the title V Program.

As part of this r eview, EPA is taking action only on the submitted revisions to the City of Albuquerque

Bernalillo County ’s NNSR Permitting Program at 20.11.60 NMAC. The EPA finalized approval of the revisions to the City of Albuquerque

- Bernalillo County ’s PSD program subm itted on August 16, 2010 at 20.11.61 NMAC on September 19, 2012. See 77 FR 58032. On May 20, 2015, t he EPA proposed approval of

the July 26, 2013, revisions to the City of Albuquerque

- Bernalillo County ’s PSD program in a separate action.

See 80 FR 28901

. W e will address the revisions to 20.11.42 NMAC as updates to the City of Albuquerque

Bernalillo County ’s title V program in a separate action The revisions to the title V program are severable from the NNSR regulations under review in this TSD. NNSR requir ements establish preconstruction requirements for new major sources and major modifications in nonattainment areas. These NNSR permitting requirements are implemented through title I of the CAA and function independently from the title V operating permits program.



## C. Summary Table of Submittals Covered in this TSD

The following section identifies the specific portions of the August 16, 2010

, and July 26, 2013 submittals that are reviewed by this action :

Table 1: Summary of Revisions to the New Mexico SIP for the City of Albuquerque

- Bernalillo County

Section Citation Section Title Submittal Date Adoption Date EPA Action

20.11.42.7 NMAC Definitions 07/26/2013 04/10/2013 Will be addressed separately in a later update to the Albuquerque title V

program. 20.11.42.12 NMAC Permit

Requirements 07/26/2013 04/10/2013 Will be addressed separately in a later update to the Albuquerque title V

program. 20.11.60.1 NMAC Issuing Agency 08/16/2010 07/14/2010 Reviewed in this

TSD

20.11.60.2 NMAC Scope 08/16/2010 07/14/2010 Reviewed in this

TSD

20.11.60.6 NMAC Objective 08/16/2010 07/14/2010 Reviewed in this

TSD 07/26/2013 04/10/2013

20.11.60.7 NMAC Definitions 08/16/2010 07/14/2010 Reviewed in this

TSD 07/26/2013 04/10/2013

20.11.60.12 NMAC Applicability 08/16/2010 07/14/2010 Reviewed in this

TSD 07/26/2013 04/10/2013

20.11.60.13 NMAC Source Obligation

and Enforceable

Procedures 08/16/2010 07/14/2010 Reviewed in this

TSD 07/26/2013 04/10/2013

20.11.60.14 NMAC Fugitive Emissions 08/16/2010 07/14/2010 Reviewed in this

TSD

20.11.60.15 NMAC Baseline for

Determining Credit 08/16/2010 07/14/2010 Reviewed in this

TSD 07/26/2013 04/10/2013

### 5 Table 1: Summary of Revisions to the New Mexico SIP for the City of Albuquerque

- Bernalillo County

Section Citation Section Title Submittal Date Adoption Date EPA Action

for Emission and Air Quality Offsets

20.11.60.16 NMAC Provisions for

Projected Actual

Emissions 08/16/2010 07/14/2010 Reviewed in this

TSD

20.11.60.17 NMAC Additional

Provisions for

Emissions of Nitrogen Oxides in Ozone Transport Regions and

Nonattainment

Areas 08/16/2010 07/14/2010 Reviewed in this

TSD

20.11.60.18 NMAC Emissions Offset

Ratios 08/16/2010 07/14/2010 Reviewed in this

TSD

20.11.60.19 NMAC PM10 Precursors 08/16/2010 07/14/2010 Reviewed in this

TSD

20.11.60.20 NMAC Interprecursor

Offset t ing 08/16/2010 07/14/2010 Reviewed in this

TSD

20.11.60.21 NMAC Application

Contents 08/16/2010 07/14/2010 Reviewed in this

TSD

20.11.60.22 NMAC Source

Requirements for

Sources that Would

Locate in a Designated

Nonattainment

Area 08/16/2010 07/14/2010 Reviewed in this

TSD

20.11.60.23 NMAC Additional

Requirements for Sources Impacting

Man datory Federal

Class I Areas 08/16/2010 07/14/2010 Reviewed in this

TSD

20.11.60.24 NMAC Banking of

Emission Reduction 08/16/2010 07/14/2010 Reviewed in this

TSD

20.11.60.25 NMAC Air Quality Benefit 08/16/2010 07/14/2010 Reviewed in this

TSD

20.11.60.26 NMAC Public Participation

and Notification 08/16/2010 07/14/2010 Reviewed in this

TSD

20.11.60.27 NMAC Actuals Plantwide

Applicability Limits (PALs) 08/16/2010 07/14/2010 Reviewed in this

TSD

20.11.61.1 NMAC Issuing Agency 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

### 6 Table 1: Summary of Revisions to the New Mexico SIP for the City of Albuquerque

- Bernalillo County

Section Citation Section Title Submittal Date Adoption Date EPA Action

20.11.61.2 NMAC Scope 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

07/26/2013 04/10/2013 EPA proposed approval on May 20, 2015. See 80

FR 28901.

20.11.61.5 NMAC Effective Date 07/26/2013 04/10/2013 EPA proposed approval on May 20, 2015. See 80

FR 28901.

20.11.61.6 NMAC Objective 07/26/2013 04/10/2013 EPA proposed approval on May 20, 2015. See 80

FR 28901.

20.11.61.7 NMAC Definitions 08/16/2010 07/14/2010 Approv ed by EPA on September 19,

2012. See 77 FR

58032.

07/26/2013 04/10/2013 EPA proposed approval on May 20, 2015. See 80

FR 28901.

20.11.61.10 NMAC Documents 07/26/2013 04/10/2013 EPA proposed approval on May 20, 2015. See 80

FR 28901.

20.11.61.11 NMAC Applicability 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

07/26/2013 04/10/2013 EPA proposed approval on May 20, 2015. See 80

FR 28901.

20.11.61.12 NMAC Obligations of

Owners or Operators of

Sources 08/16/2010 07/14/2 010 Approved by EPA on September 19,

2012. See 77 FR

58032.

07/26/2013 04/10/2013 EPA proposed approval on May 20, 2015. See 80

FR 28901.

20.11.61.14 NMAC Control Technology

Review and 08/16/2010 07/14/2010 Approved by EPA on September 19,

### 7 Table 1: Summary of Revisions to the New Mexico SIP for the City of Albuquerque

- Bernalillo County

Section Citation Section Title Submittal Date Adoption Date EPA Action

Innovative Control Technology 2012. See 77 FR

58032.

07/26/2013 04/10/2013 EPA proposed approval on May 20, 2015. See 80

FR 28901.

20.11.61.15 NMAC Ambient Impact

Requirements 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

07/26/2013 04/10/2013 EPA proposed approval on May 20, 2015. See 80

FR 28901.

20.11.61.16 NMAC Additional Impact

Analyses 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

20.11.61.17 NMAC Ambient Air

Quality Modeling 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

20.11.61.18 NMAC Air Quality

Analysis and Monitoring Requirements 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

07/26/2013 04/10/2013 EPA proposed approval on May 20, 2015. See 80

FR 28901.

20.11.61.19 NMAC Temporary Source

Exemption 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

20.11.61.20 NMAC Actuals Plantwide

Applicability Limits (PALs) 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

07/26/2013 04/10/2013 EPA proposed approval on May 20, 2015. See 80

FR 28901.

20.11.61.21 NMAC Public Participation

and Notification 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

### 8 Table 1: Summary of Revisions to the New Mexico SIP for the City of Albuquerque

- Bernalillo County

Section Citation Section Title Submittal Date Adoption Date EPA Action

20.11.61.23 NMAC Exclusions from

Increment Consumption 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

07/26/2013 04/10/2013 EPA proposed approval on May 20, 2015. See 80

FR 28901.

20.11.61.24 NMAC Sources Impacting

Federal Class I

Areas

– Additional Requirements 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

07/26/2013 04/10/2013 EPA proposed approval on May 20, 2015. See 80

FR 28901.

20.11.61.25 NMAC Restrictions on

Area Classifications 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

20.11.61.26 NMAC Table 1

– PSD

Source Categories 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

20.11.61.27 NMAC Table 2

–

Significant

Emission Rates 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

07/26/2013 04/10/2013 EPA proposed approval on May 20, 2015. Se e 80

FR 28901.

20.11.61.28 NMAC Table 3

–

Significant Monitoring

Concentrations 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

20.11.61.29 NMAC Table 4

–

Allowable PSD

Increments 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

07/26/2013 04/10/2013 EPA proposed approval on May 20, 2015. See 80

FR 28901.

20.11.61.30 NMAC Table 5

–

Maximum 08/16/2010 07/14/2010 Approved by EPA on September 19,

### 9 Table 1: Summary of Revisions to the New Mexico SIP for the City of Albuquerque

- Bernalillo County

Section Citation Section Title Submittal Date Adoption Date EPA Action

Allowable

Increases for Class

I Variances 2012. See 77 FR

58032.

07/26/2013 04/10/2013 EPA proposed approval on May 20, 2015. See 80

FR 28901.

20.11.61.31 NMAC Table 6

–

Maximum

Allowable Increase

for Sulfur Dioxide Waiver by

Governor 08/16/2010 07/14/2010 Approved by EPA on September 19,

2012. See 77 FR

58032.

### 10 

# II. Technical Review of the New Mexico August 16, 2010

, and July 26, 2013 SIP

Revisions Submittal s for the Albuquerque

- Bernalillo County P ermitting in

Nonattainment Areas Program

The following analysis will provide a line item comparison of the current SIP

- approved regulations found in the New Mexico SIP for City of Albuquerque

- Bernalillo County ’s NNSR Permitting Program with the revisions submitted on August 16, 2010

, and July 26, 2013. The fin al column in the tables below includes comments regarding EPA’s analysis and the approvability of the submitted revisions.



## A. Evaluation of the August 16, 2010

, and July 26, 2013 SIP r evision s s ubmittal s with respect to the

40 CFR Part 51, Appendix V Comp leteness Checklist

The criteria for completeness determination are found in Appendix V to Part 51

– Criteria for determining the completeness of plan submissions and are outlined below:

1. Purpose: This appendix V sets forth the minimum criteria for determi ning whether a state implementation plan submitted for consideration by EPA is an official submission for purposes of review under § 51.103.

2. The EPA shall return to the submitting official any plan or revision thereof which fails to meet the

criteria set forth in this appendix V, and request corrective action, identifying the component(s) absent or insufficient to perform a review of the submitted plan.

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

The attached checklist outline s the basic criteria included under 2.1, 2.2, and 2.3 of Appendix V.

Administrative Materials (2.1)

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

The SIP revisions addressed in this action were submitted via letter s from the Governor of New

Mexico Bill Richardson and the designee of the Governor, New Mexico Environment Department Cabinet Secretary Ryan Flynn, dated August 16, 2010

, and July 26, 2013 , respectively

.

2. E vidence is included that the State has adopted the revision in the State code or body of regulations, or that the State has issued the permit, order, consent agreement (hereafter document) in final form. This evidence would include the date of adoption or final issuance and the effective date of revision, if different from the adoption/issuance date.

### 11

The SIP revisions addressed in this action were adopted by the Albuquerque

- Bernalillo County AQCB on July 28, 2010 (effective August 30, 2010)

, and April 1 2

, 2013 ( effective May 13, 2013 )

.

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

The New Mexico Air Quality Control Act provides for regulation at 74

- 2

- 5.1 NMSA 1978, Duties and powers of the department and the local agency ; and for plan revisions at 74

- 2

- 5.2 NMSA 1978, State air pollution control agency; specific duties and powers of the department

. http://public.nmcompcomm.us/nmpublic/gateway.dll/?f=templates&fn=default.htm

4. A copy is included of the actual regulation or document submitted for approval and incorporation by reference into the SIP including an indication of the changes made to the existing approved place where applicable. The submittal shall be a copy of the official State regulation document signed, stamped, and dated by the app ropriate State official indicating that it is fully enforceable by the State. The effective date of the regulation document shall, whenever possible, be indicated in the

document itself.

The SIP submittal s included the official State regulation document s and transmittal form s that w ere filed at the State Records Center with the date of transmittal indicated.

5. Evidence is included that the State followed all of the procedural requirements of its laws and/or its constitution in the conducting and completing the adoption/issuance of the plan.

The SIP submittal packag e s include d certification s demonstrating the SIP submittal s w ere developed pursuant to 40 CFR 51.104.

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

The SIP submittal s ad

dressed in th is action included the public n otice summaries published for the rule revisions, as well as, copies showing evidence of the published notices. These public notices included information regarding the public comment period and upcoming public he arings.

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

The SIP submittal s contained certified hearing r ecord transcript s , which include the introductory information from the public hearing that included information on the notice of the public hearing and how the hearing would be conducted.

8. C ompilation of public co mments and the State’s response thereto

.

As documented in the SIP submittal s
, the State did not receive any comments on the proposed

revisions.

Technical Support (2.2)

### 12

1. Identification of all regulated pollutants affected by the revision s

.

The SIP submittal s address revisions to the provisions related to the P ermitting in Nonattainment

Areas program; therefore, the SIP submittal s have the potential to address all regulated pollutants.

2. Identification of the locations of affected sources including the EPA attainment/ nonattainment designation of the locations and the status of the attainmen t plan for the affected area(s)

.

The regulations included in these SIP submittal s apply to Albuqu erque

- Bernalillo County, only. Bernalillo County is currently designated attainment for all pollut ants. For CO, Bernalillo County is designated as an attainment area under a L imited Maintenance Plan (LMP). The Albuquerque

Bernalillo County (AQCB) adopted a CO LMP on July 14, 2004, which was approved in the Federal Register on July 21, 200 5, effective August 22, 2005 [ See 70 FR 41963].

The o bjective of 20.11.60 NMAC, Permitting in Nonattainment Are a s is to implement a pre

construction permit program for new or modified major stationary sources that wish to locate in an area where federal a mbient air quality standards are being exceeded. Since Bernalillo County is an

attainment area there are no affected sources for this regulation.

3. Quantifications of the changes in SIP allowable emissions from the affected sources is included. (Examples in clude estimates of changes in current actual emissions from affected sources and/or, where appropriate, quantification of changes in actual emissions from affected sources through

calculations of the differences between certain baseline levels and allowabl e emissions anticipated if the revisions were approved.)

The provisions for the Albuquerque

- Bernalillo County Permitting in Nonattainment Areas program do not need to include quantification of the changes in SIP allowable emissions from the affected

sourc es. The p ermitting process in nonattainment areas ensure s appropriate amounts of permitted emissions are approved.

4. The State’s d emonstration that the NAAQS , prevention of significant deterioration increments

, reasonable further progress demonstration

, and visibility

, as applicable

, are protected if the revision s were approved and implemented.

The August 16, 2010

, and July 26, 2013 SIP submittal s that revise 20.11.60 NMAC continue to require permittees follow minimum Federal requirements where if incr eased emissions from new construction, or a physical change or change in the method of operation result in a quantity of

emissions where either Federal NNSR thresholds are exceeded, than those permitting requirements ( in cluding lowest achievable emission rate (LAER) and modeling) must be followed. This regulatory provision ensures that emissions do not exceed thresholds established for major NSR permitting and therefore the permitting activities will n ot interfere with nonattainment, visibility or reasonab le further progress of the Act.

5. FOR REDESIGNATIONS:

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

Not applicable.

### 13

b. Are contingency measures included?

Not applicable.

6. Modeling information, if applicable, is required to support the proposed revision.

Modeling information is not necessary to support the analysis and review of the August 16, 2010

, and July 26, 2013 request for revisions to the New Mexico SIP for the City of Albuquerque

Bernalillo County ’s NNSR Permitting Program . Modeling will be provided on a permit

- by

- permit

basis in accordance with the New Mexico SIP for the City of Albuquerque

- Bernalillo County NNSR regulations.

7. Evidence is included where necessary, that emission limitations are based on continuous emission reduction technology (e.g., add

- on controls, industrial/process equipment designs, reformulated materials, etc.).

Evidence that emission limitations are based on continuous emission reduction technology is not necessary to support the analysis and review of the August 16, 2010, and July 26, 2013 request for

revisions to the New Mexico for the City of Albuquerque

- Berna lillo County ’s NNSR Permitting

P rogram. Emission limitations will be established on a permit

- by

- permit basis in accordance with

the New Mexico for the City Albuquerque

- Bernalillo County NNSR regulations

.

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

The August 16, 2010, and July 26, 2013 request for revisions to the New Mexico SIP for the City of Albuquerque

- Bernalillo County ’s NNSR Permitting Program does not establish emission limitations, work practice standards, and recordkeeping/reporting requirements. They will be established on a permit

- by

-

permit basis according to the applicable New Mexico for the City of Albuquerque

Bernalillo County NNSR requirements

.

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

The August 16, 2010, and July 26, 2013 request for revisions to the New Mexico SIP for the City of Albuquerque

- Bernalillo County ’s NNSR Permitting Program submittal does not establish compliance/enforcement strategies. Each NNSR permit will separately address compliance/enforcement

.

10. As appropriate, special economic and technological justifications are included per applicable EPA policies or an explanation why such justifications are not necessary should be included. For example, requests for alternative RACT may require such justifica tion.

These justifications are not necessary for August 16, 2010, and July 26, 2013 request for revisions to

the New Mexico SIP for the City of Albuquerque

- Bernalillo County ’s NNSR Permitting P rogram.

The August 16, 2010, and July 26, 2013 SIP submittal s meet the completeness criteria established in 40 CFR part 51, Appendix V.

### 14 

## B. Evaluation of the August 16, 2010, and July 2 6, 2013 SIP revisions s ubmittal s with respect to the federal requirements for Permit ting in Nonattainment Areas Programs

The Augus t 16, 2010 and July 26, 2013 SIP revisions substantively revised the N MAC for the City of Albuquerque

- Bernalillo County NNSR program to address the following federal regulations:

 Implementation of the NSR Program for PM 2.5 

### (73 FR 28321);

 PSD for PM 2.5



### - Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC) (75 FR 64864) ;

 Implementation of the 8

- hour Ozone (O 3 

### ) NAAQS

- Phase ; Final Rule to Implement Certain Aspects of the 1990 Amendments Relating to NSR and PSD as The y Apply to Carbon Monoxide (CO), PM

and O 3 

### NAAQS (70 FR 71612);

 PSD and NNSR: Reasonable Possibility in Recordkeeping (72 FR 72607); and

 PSD and NNSR: Reconsideration of Inclusion of Fugitive Rule (76 FR 17548).

i. How does the August 16, 2010, revision to the New Mexico for the City of Albuquerque

- Bernalillo County NNSR program address the requirements of the NSR PM 2.5 

### Implementation Rule?

The EPA promulgated two rules establishing both required and optional implementation regulations for NNSR permitti ng programs for PM 2.5 

### : the May 16, 2008 final rule for Implementation of the New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM 2.5 

### ) (referred to as the NSR PM 2.5 

### Implementation Rule), 73 FR 28321; and the October 20, 2010 final rule for Prevention of Significant Deterioration (PSD) for Particulate Matter Less than 2.5 Micrometers (PM 2.5 

### )

– Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC) (referred to as the PM 2.5 

### PSD Increments

– SILs

– SMC Rule), 75 FR 64864. The State’s August 16, 2010 submittals address the regulatory requirements of these implementation rules for the 1997 and 2006 PM 2.5 

### NAAQS as applicable to its NNSR permitting program. Based on the analysis presented below an d in our accompanying TSD, EPA is proposing to find that the August 16, 2010, revision to the New Mexico SIP for the City of Albuquerque

- Bernalillo County NNSR permitting program includes all of the NNSR requirements of the 2008 final NSR PM 2.5 

### Implementat ion Rule for the following reasons:

(1) Regulation of Direct PM 2.5 

### and Precursors: In the August 16, 2010 submittal, the NMED adopted revisions to the definition of “Regulated NSR pollutant” at Subsection JJ of 20.11.60.7 NMAC to identify that

direct emiss ions of PM 2.5 

### and its precursors are regulated under the New Mexico SIP for the City for Albuquerque

- Bernalillo County NNSR Permitting program consistent with the requirements promulgated by EPA on May 16, 2008 at 40 CFR 51.165(a)(1)(xxxvii). The precursor s for PM 2.5 

### are identified as SO 2 

### and NO X 

### in all nonattainment areas, but ammonia and VOC are not regulated PM 2.5 

### nonattainment precursors in New

Mexico.

(2) Establish SERs: The NMED adopted revisions to the definition of “Significant” at Subsection MM of 20.11.60.7 NMAC that are consistent with the significant emission rates for direct PM 2.5 

### emissions and precursors of PM 2.5 

### as promulgated by EPA at 40 CFR 51.165(a)(1)(xxxvii)(C) and (D) on May 16, 2008

.
(3) Condensable PM 10 

### /PM 2.5 

### Emissions: The New Mexic o SIP for the City of Albuquerque

- Bernalillo County NNSR program includes condensable emissions of PM 10 

### and PM 2.5 

### for purposes of NNSR permitting in the definition of “Regulated NSR Pollutant” at Subsect ion JJ of 20.11.60.7 NMAC. The language submitted by the State on August 16, 2010, is consistent with the federal requirements promulgated on May 16, 2008 at 40 CFR 51.165(a)(1)(xxxvii).

### 15 ii. EPA’s Analysis of the August 16, 2010, Revisions to the N ew M exico SIP for the Albuquerque

- Bernalillo County NNSR Permitting Program Submittal in light of the Litigation on the May 16, 2008 PM 2.5 

### NSR Implementation Rule

On January 4, 2013, the U.S. Court of Appeals for the District of Columbia Circuit, in Natural Resources Defense Council v. EPA 1 

### issued a decision th at remanded the EPA’s 2007 and 2008 rules implementing the

1997 PM 2.5 

### NAAQS. With respect to the requirements for implementation of the PM 2.5 

### NAAQS in nonattainment areas, the Court found that EPA erred in implementing the PM 2.5 

### NAAQS in these rules solely pursuant to the general implementation provisions of subpart 1 of part D of title I of the CAA, rather than pursuant to the additional implementation provisions specific to particulate matter nonattainment areas in subpart 4. The Court ordered the EPA to “repromulgate ” these rules pursuant to subpart 4 consistent with this opinion.” Id. at 437. Subpart 4 of Part D, Title I of the CAA establishes additional provisions for particulate

matter nonattainment areas.

The 2008 PM 2.5 

### NSR Implementation Rule addressed by the NRDC decision promulgated NSR requirements for implementation of PM 2.5 

### in both nonattainment areas (NNSR) and attainment/unclassifiable areas (PSD). 2


### As the requirements of subpart 4 only pertain to nonattainment areas, the EPA does not consider the portions of the 2008 rule that address requirements for PM 2.5 

### in attainment and unclassifiable areas to be affected by the court’s opinion. Moreover, the EPA does not anticipate the need to revise any PSD requirements p romulgated in

the 2008 NSR PM 2.5 

### Implementation Rule in order to comply with the court’s decision. We note that this TSD and the accompanying action are confined solely to revisions in the Albuquerque

- Bernalillo County NNSR Permitting Program . We address r evisions to the Albuquerque PSD program in a separate action. See 80 FR 28901, May 20, 2015.

With respect to the nonattainment area requirements in affected rules, including the N NSR requirements of the

2008 PM 2.5 

### NSR Implementation Rule, on June 2, 2014 , the EPA published a final rulemaking that begins to

address the remand of both rules

. See

, 79 FR 31566. The final rule classifies all existing 1997 and 2006 PM 2.5 

### NAAQS nonattainment areas as “Moderate” nonattainment areas and sets a deadline of December 31, 2014, for states to submit any SIP submissions, including nonattainment NSR SIPs, that may be necessary to satisfy the requirements of subpart 4, part D, title I of the CAA with respect to those 1997 and 2006 PM 2.5 

### NAAQS

nonattainment areas.

In a sep arate rulemaking process which will follow the April 2014 rule, EPA is evaluating the requirements of subpart 4 as they pertain to, among other things, nonattainment NSR for PM 2.5 

### emissions. In particular, subpart 4 includes section 189(e) of the CAA, which requires the control of major stationary sources of PM 10 

### precursors “except where the Administrator determines that such sources do not contribute significantly to PM 10 

### levels
which exceed the standard in the area.” Under the court’s decision in NRDC , section 189(e) of the CAA also applies to PM 2.5



### .

Notably, Albuquerque

- Bernalillo County does not have any areas designated as nonattainment under either the

1997 or the 2006 PM 2.5 

### NAAQS. The obligation for a state to submit a plan addressing PM 2.5 

### nonat tainment NSR permitting requirements under CAA section 189(a)(1)

– (2) only attaches when an area within a state has been designated nonattainment. Accordingly, New Mexico is not required at this time to make any submissions addressing PM 2.5 

### nonattainment NSR permitting. The December 31, 2014 deadline for states to make any additional submission necessary to address the requirements of subpart 4 as to the 1997 and 2006 PM 2.5

1 706 F.3d 428 (D.C. Cir. 2013).

2 The 2007 implementation rule also addressed by the NRDC decision does not address any NSR requirements and is therefore not addressed by this rulemaking.

### 16 NAAQS, including addressing the regulation of PM 2.5 

### precursors pursuant to section 189(e), does not apply to Albuquerque

- Bernalillo County.

Nonetheless, as discussed above in our evaluation of the NNSR Definitions at 20.11.60.7 NMAC in Table A.IV

that the State of New Mexico submitted a revision to the New Mexico SIP on August 16, 2010, which included

revisions to definitions in the Albuquerque NNSR Permitting Program to address PM 2.5



### . The revised definition of “regulated pollutant” at Subsection JJ of 20.11.60.7 NMAC is consistent with the federal definition of “regulated NSR pollutant” at 40 CFR 51.165(a)(1)(xxxvii) and identifies precursors to PM 2.5 

### in nonattainment areas. With respect to PM 2.5 

### , the revised definition of “regulated pollutant” at S ubsection JJ of 20.11.60.7 NMAC identifies sulfur dioxide and nitrogen oxides as regulated PM 2.5 

### precursors while volatile organic compounds (VOCs) and ammonia are not regulated PM 2.5 

### precursors in PM 2.5 

### nonattainment areas in Albuquerque

- Bernalillo County. The revised definition of “significant” at Subsection MM of 20.11.60.7 NMAC adds signifi cant emission rates for direct PM 2.5 

### and for sulfur dioxide and nitrogen oxides as PM 2.5 

### precursors. These revisions, although consistent with the 2008 NSR Rule as developed consistent with subpart 1 of the Act, may not contain the elements necessary to sa tisfy the CAA requirements when evaluated under the subpart 4 statutory requirements in the event an area in Albuquerque

- Bernalillo County is designated nonattainment in the future. In particular, Albuquerque’s submission does not include regulation of VOC s and ammonia as PM 2.5 

### precursors, nor does it include a demonstration consistent with section 189(e) showing that major sources of those precursor pollutants would not contribute significantly to PM 2.5 

### levels exceeding the standard in the area. For these reasons, the EPA cannot conclude at this time that this part of the Albuquerque NNSR submission

satisfies all of the requirements of subpart 4 as they pertain to PM 2.5 

### NNSR permitting. However, as secti on 189(e) of the Act requires regulation of PM 2.5 

### precursors that significantly contribute to PM 2.5 

### levels “which

exceed the standard in the area” and PM 2.5 

### levels in the state do not currently exceed the standard at all, the revisions addressing only SO 2 

### and NOx are not inconsistent with the requirements of this provision. In the event that an area is designated nonattainment for the 2012 PM 2.5 

### NAAQS or any other future PM 2.5 

### NAAQS, New Mexico will have a deadline under section 189(a)(2) of the CAA to make a submission addressing the statutory requirements as to that area, including the requirements in section 189(e) that apply to the regulation of PM 2.5



### precursors.

Although the revisions to Albuquerque’s NNSR rule may not be required by the statute or con tain all of the necessary elements to satisfy the CAA requirements when evaluated under the subpart 4 provisions, the revisions themselves represent an enhancement of the currently SIP

- approved Albuquerque NNSR Permitting Program, which does not address PM 2.5 

### or its precursors at all. For these reasons, EPA is proposing to approve the nonattainment NSR revisions at 20.11.60.7 NMAC submitted on August 16, 2010.

iii. How does the August 16, 2010 and July 26, 2013, revision to the New Mexico PSD and NNSR pr ogram satisfy the Required Increment Component of the PM 2.5 

### Increment

– SILs

– SMC Rule?

The EPA finalized the PM 2.5 

### PSD Increment

– SILs

– SMC Rule to provide additional regulatory requirements under the PSD SIP program regarding the implementation of th e PM 2.5 

### NAAQS. See

, 75 FR

64864. The PM 2.5 

### PSD Increment

– SILs

– SMC Rule required states to submit SIP revisions to EPA by July 20, 2012, adopting provisions equivalent to or at least as stringent as the PM 2.5 

### PSD increments and the associated implementing regulations promulgated pursuant to section 166(a) of the CAA . More detail on the

PM 2.5 

### PSD Increment

– SILs

– SMC Rule can be found in EPA’s October 20, 2010 final rule. See

, 75 FR

64864.

With respect to the NNSR Program, the Octo ber 20, 2010 final rule also codified the PM 2.5 

### SILs in the EPA’s regulations on new source review and permitting requirements at 40 CFR 51.165(b)(2). Unlike the PSD regulations (40 CFR 51.166 and 40 CFR 52.21), 40 CFR 51.165(b)(2) does not use the SILs to exempt a source

### 17 from conducting cumulative air quality analysis. Instead, 40 CFR 51.165(b)(2) states that a proposed source or modification will be considered to cause a violation of a NAAQS when that source or modification would, at a

minimum exceed the SIL in any area that does not or would not meet the applicable NAAQS. These amendments have been incorporated into this action at Subsection A, Paragraph 2, Subparagraph b of 20.11.60.12 NMAC and the language is consistent with federal regulation at 40 CFR 51.165(b)(2).

iv. EPA’s Analysis of the August 16, 2010 and July 26, 2013, New Mexico SIP Submittal in light of the Litigation on the October 20, 2010 PM 2.5 

### Increment

– SILs

– SMC Rule?

The EPA’s October 20, 2010 PM 2.5 

### Increment

– SILs

– SMC Rule also p rovided that States could discretionarily choose to adopt and submit for EPA approval PM 2.5 

### SILs

, used as a screening tool to evaluate the impact a proposed new major source or major modification may have on the NAAQS or PSD increment,

and /or a PM 2.5 

### SMC ( also a screening tool) to determine the subsequent level of ambient air monitoring data gathering required for a PSD permit application for emissions of PM 2.5



### . On January 22, 2013, the U.S. Court of Appeals for the District of Columbia granted a request f rom the EPA to vacate and remand to the EPA portions of the federal PSD regulations (40 CFR 51.166(k)(2) and 52.21(k)(2)) setting forth provisions for implementing SILs for PM 2.5 

### so that the EPA could reconcile the inconsistency between the regulatory text and certain statements in the preamble to the 2010 final rule. Sierra

Club v. EPA , 705 F.3d 458, 463

- 64 (D.C. Cir. 2013). The court declined to vacate the different portions of the federal PSD regulations (40 CFR 51.165(b)(2)) for implementing SILs for PM 2.5 

### that did not contain the same inconsistency in the regulatory text. Id. at 465

- 66. The court further vacated the portions of the PSD regulations (40 CFR 51.166(i)(5)(i)( c ) and 52.21(i)(5)(i)( c )) implementing a PM 2.5 

### SMC, finding that the EPA lacked leg al authority to adopt and use the PM 2.5 

### SMC to exempt permit applicants from the statutory requirement to compile and submit ambient monitoring data. Id . at 468

- 69. On December 9, 2013, EPA issued a good cause final rule formally removing the affected PSD SILs and SMC provisions from the CFR. See

, 78 FR 73698.

This TSD only addresses the revisions to the NNSR program submitted on August 16, 2010, and July 26, 2013. We note that these submittals did include revisions to the City of Albuquerque

- Bernalillo Co unty ’s PSD program at 20.11.61 NMAC, but these provisions have been addressed separately by EPA in another rulemaking. See the EPA’s May 20, 2015 proposed approval at 80 FR 28901.

v

. How does the August 16, 2010 and July 26, 2013, revision to the New Mexico NNSR program satisfy the Final to Implement the 8

- hour Ozone (O 3 

### ) NAAQS

- Phase 2 and Certain Aspects of the 1990 Amendments Relating to NSR and PSD as They Apply to Carbon Monoxide (CO), PM and O 3 

### NAAQS (O 3 

### NAAQS Implementation Rule)?

The EPA fin alized O 3 

### NAAQS Implementation Rule to provide additional regulatory requirements under the PSD SIP program regarding the implementation of the PM 2.5 

### NAAQS. See

, 75 FR 64864 . Regarding NSR, this rule is based on the proposed rule published on June 2, 2003 to implement the 8

- hour O 3 

### NAAQS.

See

, 68 FR 32802. As well as the proposed rule published on July 23, 1996 for PSD and NNSR. See

, 61 FR 38305. These changes provide a consistent national program for permitting major stationary sources under section 110(a) (2)(C) and parts C and D of title I, including major stationary sources of ozone precursors in ozone nonattainment areas. This rule codifies requirements added to part D of Title I of the CAA in the 1990 Amendments related to permitting of major stationary sources in areas that are nonattainment for O 3 

### , PM, and CO NAAQS. Second, EPA revised the criteria for crediting emissions reductions credits from shutdowns and curtailments as offsets. Third, revisions to the regulations for permitting of major stationar y sources in nonattainment areas in interim periods between designation of new nonattainment areas and EPA’s approval of a revised SIP. Fourth, EPA changed the regulations that impose a ban prohibiting construction of new or

### 18 modified major stationary sourc es in nonattainment area where the State fails to have an implementation plan meeting all of the requirements of part D. With respect to the August 16, 2010 submittal, at Subsection U of 20.11.60.7 NMAC paragraphs (5) and (6) were added to the “Major modif ication” definition that is consistent with federal language at 40 CFR 51.165(a)(1)(v)(E) and (v)(F). In addition, at Subsection V of 20.11.60.7 NMAC language was added to the “Major stationary source” definition that is consistent with federal language

at 40 CFR 51.165(a)(1)(iv)(A)(1) and (2). Also, at Subsection MM of 20.11.60.7 NMAC paragraphs (2) through (5) were added to the definition for “Significant” that is consistent with federal language at 40 CFR 51.165(a)(1)(x)(B) through (x)(E). Further, at Su bsection B of 20.11.60.15 NMAC paragraph 3 was added. This language is consistent with federal language beginning at 40 CFR 51.165(a)(3)(ii)(C)(1). Also, at 20.11.60.17 NMAC the new paragraph entitled “Additional Provisions for Emissions of Nitrogen Oxides in Ozone Transport Regions and Nonattainment Areas ” was added. This language is consistent with federal language at 40 CFR 51.165(a)(8). At Subsection A through D of 20.11.60.18 NMAC, the new language that has been added is consistent with federal languag e beginning at 40 CFR 165(a)(9)(i) through (iv). Lastly, the section that adds federal language applying NNSR requirements to precursors of PM10 at 60.11.20.NMAC PM10 is consistent with 40 CFR 165(a)(10)

vi

. How does the August 16, 2010 and July 26, 2013, revision to the New Mexico NNSR program satisfy the

PSD and NNSR: Reasonable Possibilit y in Recordkeeping ?

The EPA finalized PSD and NNSR: Possibility in Recordkeeping. See

, 72 FR 72607. EPA recognized that the long

- standing major NSR applicability test based on ‘‘actual

- to

- potential’’ methodology was the subject of claims by industry representatives that the actual

- to

- potential methodology resulted in ‘‘confiscation’’ of unused plant capacit y following a modification project. Accordingly, in a proposal in 1996, we proposed to

allow non

- utility units to use an actual

- to

- future

- actual methodology, similar to what EPA had already extended to electric utility steam generating units (other than ne w units or the replacement of existing units) in the 1992

WEPCO rule. See

, 61 FR 38255. Some States commented that the accuracy of applicability determinations for major NSR was compromised by the potential for error in calculations of future actual projec tions. As a result, in 1998, EPA issued a supplemental proposal requesting comment on an actual

- to

- future

- enforceable

- actual methodology. In the 2002 NSR reform rules

. See

, 67 FR 80186

. EPA promulgated an actual

- to

- projected

- actual methodology for major NS R applicability determinations. That rule further provides that if a source calculates its projected actual emissions for the project below major NSR significant levels, the source must comply with recordkeeping and, in some cases, reporting requirements, if there is a ‘‘reasonable possibility’’ that the project would result in a significant emissions increase. EPA included these requirements to respond to concerns that a source’s projection could erroneously understate emissions and that the project could result in an emissions increase greater than the significant levels. Our goal for developing the ‘‘reasonable possibility’’ standard was to strike a balance between, on the one hand, States’ concerns with possible calculation errors in applicability

determ inations and, on the other hand, sources’ and States’ concerns about resource burdens. Specifically, we promulgated the ‘‘reasonable possibility’’ standard to apply ‘‘... in circumstances where there is a reasonable possibility that a project that is not par t of a major modification may result in a significant emissions increase ...’’ (40 CFR 52.21(r)(6)). EPA did not define the term ‘‘reasonable possibility’’ or identify the criteria under which a ‘‘reasonable possibility’’ would arise. Sources whose project r esulted in a reasonable possibility of a significant emissions increase were required to keep pre

- change and post

- change records. Pre

- change records include a description of the project, identification of units that could be affected, a description of the applicability test used, and netting calculations (if applicable). For purposes of pre

- change recordkeeping, the description of the applicability test addresses baseline actual emissions, projected actual emissions, and emissions excluded (such as due to d emand growth) with an explanation as to why they are excluded. (40 CFR 52.21(r)(6)(i))

. The post

- change recordkeeping requirement

— actually a recordkeeping and monitoring that clarify the reasonable possibility standard and specify the criteria under which records must be kept for a physical change or change in the method of operation that does not trigger major NSR permitting requirements. requirement

— entailed monitoring emissions of those regulated NSR pollutants for which there was a

### 19 reasonable possibilit y of a significant emissions increase and calculating and maintaining records of the annual emissions for 5 (or 10) years (See, 40 CFR 52.21(r)(6)(iii))

. Further, for certain cases, sources whose project resulted in a reasonable possibility of a significan t emissions increase were required to submit pre

- change and/or post

- change reports to the reviewing authority. The reporting requirements applied depending on whether the unit was an electric utility steam generating unit and on whether the project’s annua l emissions exceeded the baseline by a significant amount (See, 40 CFR 52.21(r)(6)(ii), (iv), and (v))

. In the New York case, the Court held, ‘‘because EPA has failed to explain how it can ensure NSR compliance without the relevant data, the Court will rem and for EPA either to provide an acceptable explanation for EPA’s ‘‘reasonable possibility’’ standard or to devise an appropriately supportive alternative.’’ 413 F.3d at 35

– 36. The final action addresses the Court’s remand by including regulatory changes. This rule finalizes the ‘‘percentage increase trigger’’ option. By definition in our regulations, ‘‘projected actual emissions’’ excludes emissions attributable to an independent factor (such as demand growth). In this final action, EPA requires emissions attributable to independent factors (such as demand growth) be considered for purposes of the ‘‘percentage increase’’ test. EPA requires sources to compare baseline actual emissions to projected actual emissions to determine whether this value equals or ex ceeds 50 percent of the applicable NSR significant level. The final rule requires these sources to comply with both the pre

- change and the post

- change recordkeeping and reporting requirements. This final rule includes the requirement that sources whose pro jected actual emissions increase is less than 50 percent of the applicable NSR significant level must determine whether emissions attributable to demand growth that is unrelated to the change would cause the post

- project emissions increase to exceed 50 per cent of the applicable NSR significant level. If so, then under the final rule, these sources also have a reasonable possibility of causing a significant emissions increase, but under these circumstances, the final rule requires such sources to comply with only the pre

- change recordkeeping requirements and not the pre

- change reporting requirements or post

- change recordkeeping and reporting requirements. At the same time that EPA proposed

the 50

- percent ‘‘percentage increase trigger’’ option, we included tha t approach as an interim interpretation in

A ppendix S of 40 CFR part 51. In this final rule, EPA is amending A ppendix S to include the additional requirement concerning independent factors (such as demand growth) described earlier. With respect to the August 16, 2010 submittal at 20.11.60.16 NMAC the introductory paragraph at “Provisions for Projected Emissions” incorporates language that is consistent to federal regulations at 40 CFR 51.165(a)(6)

. Also, at

Subsection (A) through ( F ) of 20.11.60.16 language is consistent with federal regulations at 40 CFR 51.165(a)(6) (i) through (vi)

.

vii

. How does the August 16, 2010 and July 26, 2013, revision to the New Mexico NNSR program satisfy the PSD and NNSR: Reconsideration of Inclusion of Fugitive Rule

The EPA finalized PSD and NNSR: Reconsideratio n of Inclusion of Fugitive Rule. See

, 76 FR 17548

. On December 19, 2008, EPA issued a final rule revising the requirements of the major NSR programs regarding the treatment of fugitive emissions (‘‘Fugitive Emissions Rule’’). See , 73 FR 77882. The final rule required fugitive emissions to be included in determining whether a physical or operational change results in a major modification only for sources in industries that have been designated thr ough rulemaking under section 302(j) of the CAA. Previously, EPA rules required that fugitive emissions be included in major modification applicability determinations for all source categories. The final rule amended all portions of the major NSR

program r egulations: Permit requirements, the PSD program, and the emission offset interpretive ruling. On February 17, 2009, the NRDC submitted a petition for reconsideration of the December 2008 final rule as provided for in CAA 307(d)(7)(B). On April 24, 2009, E PA responded to the February 17, 2009, petition by letter indicating that we were convening a reconsideration proceeding for the December 2008 rule on inclusion of fugitive emissions challenged in the petition and granting a 3

- month administrative stay of the rule contained in the federal NSR program at 40 CFR parts 51 and 52. The letter also indicated that EPA would publish a notice of proposed rulemaking ‘‘in the near future’’ to address the specific issues for which we were granting

### 20 reconsideration. The initial 3

- month administrative stay of the Fugitive Emissions Rule became effective on September 30, 2009. See

, 74 FR 50115. An interim final rule extending the stay for an additional 3 months became effective on December 31, 2009. See

, 74 FR 65692. An additional 18 month stay was finalized on March 31, 2010, and ends on October 3, 2011. See

, 75 FR 16012. That stay was put in place to allow sufficient time for EPA to propose, take public comment on, and issue a final action concerning the inclusion of fugitive emissions in the Federal NSR program. The initial stay of the Fugitive Emissions Rule, put in place on September 30, 2009, may have caused confusion as to the scope of the stay. In staying the Fugitive Emissions Rule, EPA reinstated the NSR regulations as they existed prior to the Fugitive Emissions Rule. In particular, EPA stated: “To effectuate this stay of the December 19, 2008, rule, EPA reinstated previous provisions on a temporary basis.’’ See

, 74 FR at 50115

– 16. In several case s, however, paragraphs of the affected regulations in 40 CFR 51.165, 40 CFR 51.166, 40 CFR 51 Appendix S, and 40 CFR 52.21 appeared to be stayed in their entirety rather than amended to undo the changes made by the Fugitive Emissions Rule as intended. The subsequent extensions of the stay used the same terms as the stay published on September 30, 2009, and accordingly did not correct the ambiguity created by the original promulgation of the stay. This action clarifies the regulations to accurately reflect E PA’s intent to revert back to the regulation text that existed prior to the Fugitive Emissions Rule amendments to the Federal NSR. EPA issued an interim rule to effectuate a stay of the Fugitive Emissions Rule. This interim rule supersedes the stay issued on March 31, 2010, and thereby corrects ambiguity contained in that stay. With respect to the August 16, 2010 SIP submittal, at Subsection V (3) of 20.11.60.7 the introductory text includes language that is constitute with 40 CFR 51.165(a)(1)(iv)(C). The li st of source categories that are regulated at Subsection V(3)(a) through(cc) are consistent with the source category listing at 40 CFR 51.165(a)(1)(iv)(C)(1) through (27). Also, this same listing of source categories can be found at the newly created 20.11 .60.14 NMAC.

### 21 vi. Annotated Tables

The following table s will provide a comparison of the existing SIP

- approved language, the revised language and any applicable federal requirements

– along with an analysis

. Note that the August 16, 2010 s ubmittal revised Sections 1, 2, 6, 7, and 12 through 27 of 20.11.60 NMAC (including the

addition of four new sections), and the July 26, 2013 submittal revised S ections 6, 7, 12, 13 and 15 of 20.11.6 0 NMAC

. The following table s present and analyze only revisions to these sections of 20.11.6 0 NMAC. The remaining sections are unchanged from the version most recently SIP

- approved by EPA. The revised text is annotated as follows:

 New text is underlined ; and

 Deleted text is struck out.

 Ellipsis (...) indicates an omission of text in the rule that was not submitted to the EPA for consideration in the SIP package.

The right

- hand column includes any discussion and evaluation. Any extended comments are included in either:

 The “additional comments” sectio n, which immediately follows the matrix; or

 T he body or the TSD as identified in the right

- hand column of the Table.

### 22 Table A.I: 20.1.60.1 ISSUING AGENCY Analysis of Revisions to 20.11.60.1 NMAC

– Issuing Agency EPA’s Evaluation
New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State

on December 14, 2005

20.11.60.1 ISSUING AGENCY: Albuquerque

- Bernalillo County Air Quality Control Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) 768

- 260 0. Under Review

- Revisions submitted August 16, 2010

, 20.11.60.1 ISSUING AGENCY: Albuquerque

- Bernalillo County Air Quality Control Board. P.O. Box 1293, Albuquerque, NM 87103. Telephone: (505) [ 768

- 2600 ] 768

- 2601 Approve. Revisions submitted are non

substantive contact information

corrections.



### Table A.II: 20.11.60.2 SCOPE

Analysis of Revisions to 20.11.60.2 NMAC

– Scope EPA’s Evaluation

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

20.11.60.2 SCOPE:

A. 20.11.60 NMAC establishes a pre

- construction permit program for new major stationary sources and major modifications at existing major stationary sources

located in nonattain m ent are as. Under Review

- Revisions submitted August 16, 2010,

20.11.60.2 SCOPE:

A. 20.11.60 NMAC establishes a pre

- construction permit program for new major stationary sources and major modifications [ at ] of existing major stationary sources located [ in ] within a

nonattain m ent [ areas ] area

. Approv e

. Revisions submitted are non

substantive changes

.

B. New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 Exempt: 20.11.60 NMAC does not apply to sources within Bernalillo county, which are located on indian lands over which the Albuquerque

- Bernalillo county air quality control board lacks jurisdiction. No revision submitted. Language provided for context

.



### Table A.III: 20.11.60.6 OBJECTIVE Analysis of Revisions to 20.11.60.6 NMAC

– Objective EPA’s Evaluation

New Mexico For the City Albuquerque

SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

20.11.60.6 OBJECTIVE: The objective of 20.11.60 NMAC is to implement a pre

- construction permit program for new or modified major stationary sources that wish to locate in an area where federal ambient air quality standards are being exceeded. Under Review

- Revisions submitted August 16, 2010,

20.11.60.6 OBJECTIVE: [ The objective of 20.11.60 NMAC

is ] To implement a pre

- construction permit program for new or modified major stationary sources that
[ wish ] plan to locate in an area where federal ambient air quality standards are being exceeded. Under Review

– Revisions submitted July 26,

2013

20.11.60.6 OBJECTIVE: To implement a pre

- construction pe rmi t

prog ra m for new or modified major station ar y sources that plan to locate in an area where a federal ambient air quality [ standards are ]

standard is being exceeded. Approv e

. Revisions submitted are non

substantive changes

### 23 Table A.IV: 20.11.60.7 D EFINITIONS Analysis of Revisions to 20.11.60.7 NMAC

– Definitions EPA’s Evaluation

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

20.11.60.7 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 definitio n in 20.11.60.7 NMAC shall govern. No revision submitted. Language provided for

context

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

A. "Actual emissions" means th e actual rate of emissions of a regulated new source review pollutant fr om an emissions unit, as

determ ined in accordance with the following, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a plant

- wide applicability limit under 20.11.60.23 NMAC. Instead, Subsections

E and I I of 20.11.60.7 NMAC shall apply for those purposes. Under Review

- Revisions submitted August 16, 2010,

A. "Actual emissions" means the actual rat e of emissions of a regulated new source review pollutant fr om an emissions unit, as determ ined

in accordance with [ the following ] Paragraphs (1)

- (3) of Subsection A of 20.11.60.7 NMAC

, except that this definition shall not apply for calculating whether a s ignificant emissions increase has occurred, or for establishing a plant

- wide applicability limit under
[ 20.11.60.23 NMAC ] 20.11.60.27 NMAC

. Instead, Subsections E and I I of 20.11.60.7 NMAC shall apply for those purposes. Approve. Revisions submitted are non

substantive. The citation number change from

20.11.23 to 20.11.27 does not change the permitting program. This is due to regulatory language that is being added as a part of this action that sections and paragraph to be

renumber ed

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (1) In general, actual emissions as of a particular date shall equal the average 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

determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period. (2) The dep artment may presume that source

- specific allowable emissions for the unit are equivalent to the actual

emissions of the unit. (3) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date. No revision submitted

. Language included for

context purposes. (Paragraphs (1)

– (3) under A. “Actual emissions”)

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

B. "Administrator" means the administrator of the United States environmental protection agency (USEPA) or an authorized representative. No revision submitted. Language provided for

context

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

C. "Adverse impact on visibility" means visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the mandatory federal class I area. This determination must be No revision submitted. Language provided for

context

.

### 24 Table A.IV: 20.11.60.7 D EFINITIONS Analysis of Revisions to 20.11.60.7 NMAC

– Definitions EPA’s Evaluation

made on a case

- by

- case basis taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairments and how these f actors correlate with: (1) times of visitor use of the mandatory federal class I area; and (2) the frequency and timing of natural conditions that reduce visibility. This term does not include effects on integral

vistas as defined in 40 CFR 51.301 Definitions. New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

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 federally enforceable limits which restrict the operating rate, or hours of operation, or both,) and the most strin gent of the following: (1) 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; o r (3) the emissions rate specified as a federally enforceable permit condition, including those with a future compliance date No revision submitted. Language provided for

context

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on

December 1 4, 2005

E. "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated new source review pollutant, as determined in accordance with the following. Under Review

- Revisions submitted August 16, 2010,

Baseline actual emissions " means the rate of emissions, in tons per year, of a regulated new source review pollutant, as determined in accordance with [ the following] Paragraphs (1)

- (4) of Subsection E of 20.11.60.7

NMAC

. Approve. The revisions submitted are non

substantive

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (1) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons

per y ear, 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 depar tment 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

- month peri od. (c) 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 different consecut ive 24

- month 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 determining annual emissions, in tons per year, and fo r adjusting this amount if required by Subparagraph (b) of Paragraph (1) of Subsection E of 20.11.60.7 NMAC. No revision submitted. Language provided for

context

.

### 25 Table A.IV: 20.11.60.7 DEFINITIONS Analysis of Revisions to 20.11.60.7 NMAC

– Definitions EPA’s Evaluation

(2) For an existing emissions unit (other than an electric utility steam generating unit) baseline actual emissions means the ave rage rate, in tons per year, at which the emissions unit actually emitted the pollutant during a ny consecutive 24

- month period selected by the owner or operator within the 10 year period immediately preceding either the date the owner or operator begin s actual construction of the project, or the date a complete permit application is received by the d epartment for a permit required either under 20.11.60.7 NMAC or under a plan approved by the administrator, whichever is earlier, except that the 10 year period shall not include any period earlier than November 15, 1990. (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 an emission limitation that was legally enforceable during the consecutive 24

- month period. No revision submitted. Language provided for context

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (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 source been re quired to comply with such limitations during the consecutive 24

- month period. However, if an emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such

emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements

of Subsection D of 20.11.60.18 NMAC. (d) For a regulated new source revi ew 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 different

consecutive 24

- month period can be used for each regulated new source review pollutant. (e) The average rate shall not be based on any

consecutive 24

- month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by S ubparagraphs (b) and (c) of Paragraph (2) of Subsection E of 20.11.60.7 NMAC. Under Review

- Revisions submitted August 16, 2010, (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 source been required to comply with such limitations during the

consecutive 24

- month period. However, if an emission limitation is part of a maximum achievable control

techn ology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken

credit for such emissions reductions in an attainment demonstration or maintenance plan consisten t with the requirements of [ Subsection D of 20.11.60.18 NMAC ] Paragraph (7) of Subsection B of 20.11.60.15 NMAC

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

consecutive 24

- month period must be use d to determine

the baseline actual emissions for the emissions units being changed. A different consecutive 24

- month period can be used for each regulated new source review pollutant. (e) The average rate shall not be based on any consecutive

24

- month period f

or which there is inadequate 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 of 20.11.60.7 NMAC Approve. Revisions submitted

are non

- sub stantive. The citation number change from

20.11.23 to 20.11.27 does not change the permitting program. This is due to regulatory language that is being added as a part of this action that sections and paragraph to be re

numbered

.

### 26 Table A.IV: 20.11.60.7 DEFINITIONS Analysis of Revisions to 20.11.60.7 NMAC

– Definitions EPA’s Evaluation

(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 other purposes, shall equal the unit's potential to e mit. (4) For a plantwide applicability limit for a major stationary source, the baseline actual emissions shall be calculated for exis ting electric utility steam generating units in accordance with the procedures contained in Paragraph (1) of Subsection E of 20.11.60.7 NMAC, for other existing emissions units in accordance with the procedures contained in Paragraph (2) of Subsection E of 20.11.60.7 NMAC, and for a new emissions unit in accordance with the procedures contained in Paragraph (3)

of Subsection E of 20.11.60.7 NMAC. No revision submitted. Language provided for context

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

F. "Begin actual construction" means in general, initiation of physical on

- site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building support and foundations, laying of underground pipework, and

constructio n of permanent storage structures. With respect to a change in method of operating this term refers to those on

- site activities other than preparatory activities which mark the initiation of the change. Under Review

- Revisions submitted August 16, 2010,

F. "Begin actual construction" means in general, initiation of physical on

- site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building [ support ] supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operating this term

refers to those on

- site activities other than preparatory activities which

mark the initiation of the change. Approve. Grammatical change

that is non substantive

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 1 4,

2005

G. "Best available control technology (BACT)" means an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated new source review pollutant which would be emitted from any proposed major stationary source or major modification which the department, 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 t echniques, including fuel cleaning, clean fuels, or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissi ons of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Part 60 or 61. If the department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set

forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. No revision submitted. Language provided for context

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

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 Under Review

- Revisions submitted August 16, 2010,

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

. Pollutant

- emitting activities shall be considered as part of the Approve. Revisions in the H (“ Building, structure, facility, or installation") are non

substantive clarificatio ns and

citation correction.

### 27 Table A.IV: 20.11.60.7 DEFINITIONS Analysis of Revisions to 20.11.60.7 NMAC

– Definitions EPA’s Evaluation

person or persons under common control. Pollutant

- emitting 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 classification manual, 1972, as amended by the 1977 supplement (U. S. government printing office stock

numbers 4101

- 0066 and 003

- 005

- 00176

- 0, respectively)

. 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 classification manual, 1972, as amended by the 1977 supplement (U. S. government printing office stock numbers [ 4101

- 0066 ] 4101

- 0065 and 003

- 005

- 00176

- 0, respectively).

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 1 4,

2005

I. "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 permits and either has: (1) begun, or caused to begin, a continuous program of actual on

- site co nstruction of the source, to be completed within a reasonable time; or (2) entered into binding agreements or contractual obligations, which cannot b e cancelled or modified without substantial loss to the owner or operator, to undertake a program of actua l 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 wou ld result in a change in actual emissions.

K. "Continuous emissions monitoring system (CEMS)" means all of the equipment that may be required to meet the data acquisition and availability requirements of 20.11.60 NMAC, to sample, condition, if applicable, ana lyze, and provide a record of emissions on a

continuous basis.

L. "Continuous emissions rate monitoring system (CERMS)" means the total equipment required for the determination and recording of the pollutant mass emissions rate in terms of mass per unit of ti me. M. "Continuous parameter monitoring system (CPMS)" means all of the equipment necessary to meet the data acquisition and availability requirements of 20.11.60 NMAC, to monitor process and control device operational parameters, for example, contro l 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 generating unit" means any steam electric generating unit that is constr ucted 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 distributio n system for sale. Any steam supplied to a steam distribution system for the purpo se 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 affec ted facility. No revision submitted. Language provided for context

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

O. "Emissions 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 of 20.11.60.7 NMAC. For purposes of 20.11.60.7 NMAC, there are two types of emissions units. (1) A new emissions unit is any emissions unit which is (or will be) ne wly constructed and which has existed for less Under Review

- Revisions submitted August 16, 2010,

O. "Emissions 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 of 20.11.60.7 NMAC. For purposes of

20 .11.60.7 NMAC, there are two types of emissions units as described in Paragraphs (1) and (2) of Subsection O of 20.11.60.7

NMAC. (1) 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 emissions unit first operated. Approve. Revisions in the subsection O (“Emissions unit”)

are non

- substantive

clarifications.

### 28 Table A.IV: 20.11.60.7 DEFINITIONS Analysis of Revisions to 20.11.60.7 NMAC

– Definitions EPA’s Evaluation

than two years from the date such emissions unit first operated. (2) An existing emissions unit is any emissions unit that does not meet the requirements in Paragraph (1) of Subsection

O of 20.11.60.7 NMAC. A replacement unit, as defined in 20.11.60.7 NMAC, is an existing unit. (2) An existing emissions unit is any emissions unit that does not meet the requirements in Paragraph (1) of Subsection O of 20.11.60.7 NMAC. A replacement unit, as defined in 20.11.60.7 NMAC, is an existing unit.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 1 4,

2005

P. "Federal class I area " means any federal land that is classified or reclassified as "class I". Q. "Federal land manager" means, with respect to any lands in the United States, the secretary of the department with authority over such

lands No revision submitted. Language provided for context

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

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 4 0 CFR Part 51, Subpart I including 40 CFR 51.165 and 40 CFR 51.166 Under Review

- Revisions submitted August 16, 2010,

R. "Federally enforceable" means all limitations and conditions which are enforceable by the administrator, including those requirements de veloped pursuant to 40 CFR Parts 60 and 61, requirements within any applicable state implementation plan, any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51, Subpart I including [ 40 CFR 51. 165 and 40 CFR 51.166 ] operating permits

issued under an EPA

- approved program that requires adherence to any permit issued under such program Approve. Revisions in the subsection R (“Federally enforceable”) are clarifications. Language revised to be

consis tent with the federal provisions found in 40 CFR 51.165(a)(1)(xiii)(B)(xiv).

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 1 4,

2005

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 : (1) the most stringent 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 modifi ed emissions units within the stationary source. In no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source performance standard. No revision submitted. Language provided for context

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

U. "Major modification" means any physical change in or change in the method of operation of a major stationary source that would result in a significant emissions increase of a regulated new source review pollutant; and a significant net emissions increase of that pollutant fro m the major stationary Under Review

- Revisions submitted August 16, 2010,

U. "Major modificati on" means: (1) Any physical change in or change in the method of operation of a major stationary source that would result in: (a) a significant emissions increase of a regulated new source review pollutant; and (b) a significant net emissions increase of that pollutant from the major stationary source. Approve. Revisions in the subsection U (“Major modification”) are substantive

and non

- substantive . The non

substantive revisions address formatting and renumbering

, and minor cleanup to maintain consistency with federal NNSR

### 29 Table A.IV: 20.11.60.7 DEFINITIONS Analysis of Revisions to 20.11.60.7 NMAC

– Definitions EPA’s Evaluation

source. 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 o zone. (1) A physical change or change in the method of operation

shall not include: (a) routine maintenance, repair, 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 En vironmental Coordination Act of 1974, 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 of an 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 the source was capable of accommodating befor e December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; or the source is approved to use under any permit issued under 40 CFR 52.2 1 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 would be prohibited under any feder ally enforceable permit which was established after December 21, 1976, pursuant to 40 CFR 52.2 1 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; (g) any change in ownership at a stationary source; or (h) the installation, operat ion, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with the state implementation plan for the state in which is (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 consid ered significant for ozone.
[ (1) ] (3) A physical change or change in the method of operation

shall not include: (a) routine maintenance, repair, 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 of 1974, 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 of an order or rule

under Secti on 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 sourc e was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976 pursuant to 40 CFR 52.21 or under regulations approved pursuant t o [ 40 CFR 51.165 ] 40 CFR Subpart I or 40 CFR 51.166; or (ii) the source is approved to use under any permit issued under 40 CFR 52.2 1 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 [ would be ] is prohibited under any federally enforceable permit condition which was established after December 21, 1976, pursuant to 40 CFR 52.2 1 or under regulations approved pursuant to 40 CFR 51.165 or 40 CFR 51.166; (g) any ch ange 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 whi ch [ is ] the project is located and defi ni tions at 40 CFR 51.165(a)(1)(v)( A). The

substantive revisions include new subparagraphs (5) and (6). These subparagraphs are

consistent with federal NNSR requirements at 40 CFR 51.165(a)(1)(v)(E) and (v)(F). See, 70 FR 71612

8

- hour O 3 NAAQS Implementation

.

### 30 Table A.IV: 20.11.60.7 DEFINITIONS Analysis of Revisions to 20.11.60.7 NMAC

– Definitions EPA’s Evaluation

project is located and other requirements necessary to

attain and maintai n the national ambient air quality standards during the project and after it is terminated. (2) This definition shall not apply with respect to a particular regulated new source review pollutant when the major stationary source is complying with the requirements under 20.11.60.23 NMAC for a plantwide applicability limit for that pollutant. Instead, the definition at Paragraph (8) of Subsection B of 20.11.60.23 NMAC shall apply. (ii) other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.
[ (2) ] (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 requirements under [ 20.11.60.23 NMAC ] 20.11.60.27 NMAC for a plantwide applicability limit for that pollutant. Instead, the definition at Paragraph (8) of Subsecti on B of [ 20.11.60.23 NMAC ]

20.11.60.27 NMAC shall apply. (5) For the purpose of applying the requirements of 20.11.60.17 NMAC to modifications at major stationary sources of nitrogen oxides located in ozone nonattainment areas or in ozone transport region s, 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 sour ce 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 increas e and a major modification for ozone, if the major stationary source is located in an extreme ozone nonattainment area that is subject to Subpart 2, Part D, Title I of the act.

### 31 Table A. I V: 20.11.60.7 Definitions Analysis of Revisions to 20.11.60.7 NMAC

- Defin itions EPA’s Evaluation
New Mexico For the City Albuquerque SIP

Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

V. "Major stationary source" shall have the following meanings. (1) Any stationary source of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any regulated new source review pollutant subject to regulation under the federal Clean Air Act;

or Under Review

- Revisions submitted August 16, 2010,

V. "Major sta tionary source" [ shall have the following meanings. ] (1) Means: [ (1) ] (a) Any stationary source of air pollutants [ which ] that emits, or has the potential to emit, 100 tons per year or more of any regulated new source review pollutant, [ subject to regulation under the federal Clean Air Act; or ] except that lower emission thresholds shall apply in areas subject to Subpart 2, Subpart 3, or Subpart 4 of Part D, Title I of the act, according to Items (i)

- (vi) of Subparagraph (a) of Paragraph (1) of Subs ection V of 20.11.60.7

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 area within an ozone transport region, except for any severe or extreme ozone

nonattai nment area. (iii) 25 tons per year of volatile organic compounds in any severe ozone

nonattainment 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 nonattainment

area for carbon monoxide. Where stationary sources contribute significantly to carbon monoxide levels in the area (as determined 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 of 20.11.60.17 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, 100 tons per year or more of nitrogen oxides emissions, except that the emission thresholds in Items (i)

- (vi) of Subparagraph (b) of Paragraph (1) of Subsection V of 20.11.60.7 NMAC shall apply in areas subject to Subpart 2 of Part D, Title I of the act. (i) 100 tons per year or more of n itrogen oxides in any ozone nonattainment 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 area is loca ted in an ozone transport region. (iii) 100 tons per year or more of nitrogen oxides in any area designated under Section 107(d) of the act as attainment or unclassifiable for ozone that is located in an ozone transport region. Approve. The proposed

substantive revisions in subsection V (“Major stationary source”) included renumbering and additional

clarifications to increase the SIP’s stringency

. Language

revised to be consistent with the federal provisions found in 40 CFR 51.165(a)(1)(iv)(A) (1)

and (2)

. See, 70 FR 71612 8

- hr

O 3 NAAQS Implementation and 76 FR 17548 Fugitive

Emissions Rule.

### 32 Table A. I V: 20.11.60.7 Definitions Analysis of Revisions to 20.11.60.7 NMAC

- Defin itions EPA’s Evaluation

(iv) 50 tons per year or more of nitrog en 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 New Mexico For the City Albuquerque SIP

Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

V. "Major stationary source" (Cont’d) (2) Any physical change that would occur at a stationary source not qualifying under Paragraph (1) of Subsection V of 20.11.60.7 NMAC as a major stationary source, if the change would constitute a major stationary source by itself. (3) A major stationary source that is major for volatile organic compounds or oxides of nitrogen shall be considered major for

ozone. Under Review

- Revisions submitted August 16, 2010,

V. "Major stationary source" (Cont’d) [(2)] (c) Any physical change that would occur at a stationary source not qualifying under Subparagraph (a) or (b) of Paragraph (1) of Subsection V of 20.11.60.7 NMAC as a major stationary source, if the change would constitute a major stationary source by itself. [ (3) ](2) A major stationary source that is major for volatile organic compounds
[ or oxides of nitrogen ] shall be considered major for ozone. Approve. Cont’d from above for V. “Major Stationary

Source” . Same evaluation appl ies.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

V. "Major stationary source" (Cont’d) (4) A stationary source shall not be a major stationary source due to fugitive emissions,

to the extent th ey are quantifiable, unless the source belongs to: (a) any category in Subsection B of 20.11.60.22 NMAC; or (b) any other stationary source category which as of August 7, 1980 is being regulated under Section 111 or 112 of

the federal Clean Air Act. Under Review

- Revisions submitted August 16, 2010,

V. "Major stationary source" (Cont’d) [(4) ](3) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of Subsection V of 20.11.60.7 NMAC

whether it is a major stationary source [ due to fugitive emissions, to the extent they are quantifiable] , unless the source belongs to one of the following categories of stationary sources : (a) [ any category in Subsection B of 20.11.60.22 NMAC; or] carbon 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 Btu/hr heat input; (g) fossil fuel boilers (or combination thereof) totaling more than 250 million Btu/hr heat input; Approve. Cont’d from above for V. “Major Stationary

Source” . Same evaluation appl ies . Change is consistent with federal language at 40 CFR 51.165(a)(1)(iv)(C) and 40 CFR 51.165(a)(1)(v)(G).

See, 76 FR 17548 Fugitive

Emissions Rule.

### 33 Table A. I V: 20.11.60.7 Definitions Analysis of Revisions to 20.11.60.7 NMAC

- Defin itions EPA’s Evaluation

(h) fuel conversion plants; (i) glass fiber processing plants; (j) hydrofluoric acid plants; (k) iron and steel mill plants; (l) kraft pulp mills; (m) lime plants; (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 tota l storage capacity exceeding 300,000 barrels; (r) phosphate rock processing plants; (s) Portland cement plant; (t) primary lead smelters; (u) primary zinc smelters; (v) primary aluminum ore reduction plants; (w) primary copper smelters; (x) secondary metal production plants; (y) sinterin g plants; (z) sulfur recovery plants; (aa) sulfuric acid plants; (bb) taconite ore processing plants; or 

### (cc) any other stationary source category which as of August 7, 1980 is being regulated under Section 111 or 112 of the federal Clean Air Act. New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

V. "Major stationary source" (Cont’d) (5) A stationary source shall not be a major stationary source due to secondary emissions Under Review

- Revisions submitted August 16, 2010,

V. "Major stationary source" (Cont’d) [ (5) A stationary source shall not be a major stationary source due to secondary

emissions Approve. Cont’d from above for V. “Major Stationary

Source” . Same evaluation appl ies

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 1 4,

2005

 Mandatory federal class I area" means those federal lands that are international parks, national wilderness areas which exceed 5,000 acres in size, national memorial parks which exceed 5,000 acres in size, and national parks which exceed 6,000 acres in size, and which

were in existence on August 7, 1977. These areas may not be re

- designated.

X. "Natural conditions" includes naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast or

coloration. No revision submitted. Language provided for

co ntext

.

### 34 Table A. I V: 20.11.60.7 Definitions Analysis of Revisions to 20.11.60.7 NMAC

- Defin itions EPA’s Evaluation

Y. "Necessary preconstruction 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 of the applicable state implementation plan (SIP). New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

Z. "Net emissions increase" shall have the following meanings: (1) with respect to any regulated new source review pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero: (a) the increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pur suant to Subsection E of 20.11.60.12 NMAC;

and (b) any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating increases and decreases shall be determined as provided in Subsection E of 20.11.60.7 NMAC, except that Subparagraphs (c) and (d) of Paragraph (2) of Subsection E of 20.11.60.7 NMAC shall not apply. Under Review

- Revisions submitted August 16, 2010,

Z. "Net emissions increase" [ shall have the following meanings:] (1) Means, with respect to any regulated new source review pollutant emitted by a major stationary source, the amount by which the sum of th e following

exceeds zero: (a) the increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to Subsection [ E] B of 20.11.60.12 NMAC; and (b) any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable; baseline actual emissions for calculating

increases and decreases under Subparagraph (b) of Paragraph (I) of

Subsection Z of 2 0.11.60.7 NMAC , shall be determined as provided in Subsection E of 20.11.60.7 NMAC, except that Subparagraphs (c) of Paragraph (l) and (d) of Paragraph (2) of Subsection E of 20.11.60.7 NMAC shall not apply. Approve. The proposed

revisions in the subsectio n Z (“Net emissions increase”) are citations which were revised as

a result of simultaneous formatting changes in other provisions of Part 60 and language which was revised to

be consistent with the federal provisions found in 40 CFR 51.165(a)(1)(vi)( A)

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (2) an increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs w i thin the time period five years prior to the

commencement of construction on the particular change and the date that the increase from the particular change occurs; Under Review

- Revisions submitted August 16, 2010, (2) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs [ within the time period five years prior to the commencement of construction on the particular change and ] before the date that the increase from the particular change

occurs; (3) an increase or d ecrease in actual emissions is creditable only if: (a) it occurs [ within the time period ] between : (i) the date five years prior to the commencement of construction on the particular change ; and (ii) the date that the increase from the particular change occurs; and Approve. Cont’d from above

for Z. “Net Emissions

Increase”. Same evaluation appl ies . The change is

consistent with 40 CFR 51.165 (a)(1)(vi)(B) and (C).

### 35 Table A. I V: 20.11.60.7 Definitions Analysis of Revisions to 20.11.60.7 NMAC

- Defin itions EPA’s Evaluation

(3) an increase or decrease in actual emissions is creditable only if: (a) it occ urs within the time period five years prior to the commencement of construction on the particular change

and the date that the increase from the particular change occurs; and 

### (b) either the department or the

administrator has not relied on it in issuing a perm it for the source under approved regulations and is in effect

when the increase in actual emissions from the particular change occurs; (b) [either ] the department [ or the administrator] has not relied on it in issuing a permit for the source under [ approved ] regulations [ and] approved pursuant to 40 CFR 51.165. which permit is in effect when the increase in actual emissions from the particular change occurs;

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14,

2005 

### ( 4 

### ) an increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level ; (5) a decrease in actual emissions is creditable only to the extent that: (a) the old level of actual emissions or the old level of allowable emissions whichever is lower, exceeds the new level of actual emissions; (b) it is enforceable as a practical matter at and aft er the time that actual construction on the particular change begins; (c) the department has not relied on it in issuing any permit under regulations approved pursuant to 40 CFR Part 51 Subpart I or the state has not relied on it in demonstrating attainment or reasonable further progress; and (d) it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. (6) an increase that results from a physical change at a source occurs wh en the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant; any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days; (7) Paragraph (1) of Subsection A of 20.11.60.7 NMAC shall not apply for determining creditable increases and decreases or after a change. (4) an increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level; (5) a decrease in actual emissions is creditable only to the extent that: (a) the old level of actual emissions or the old level of allowable emissions whichever is lower, exceeds the new level of actual emissions; (b) it is enforceable as a practical matter at and after the time that actual construction on the particular change begins; (c) the department has not relied on it in issuing any permit under regulations approved pursuant to 40 CFR Part 51 Subpart I or the

state has not relied on it in demonstrat ing attainment or reasonable further progress; and (d) it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change. (6) an increase that results from a physical change at a sour ce occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant; any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 day s; Cont’d from above for Z. “Net

Emissions Increase”. No revision submitted. Language provided for context

.

### 36 Table A. I V: 20.11.60.7 Definitions Analysis of Revisions to 20.11.60.7 NMAC

- Defin itions EPA’s Evaluation

(7) Paragraph (1) of Subsection A of 20.11.60.7 NMAC shall not apply for determining creditable increases and decreases or after a change.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14,

2005

AA. "Nonattainment area" means, for any air pollutant an area which is shown by monitored data or which is calculated by air quality

mode ling, or other methods determined by the administrator to be reliable, to exceed any national ambient air quality standard fo r such pollutant. Such term includes any area identified under Subparagraphs (A) through (C) of Section 107(d)(l) of the federal Cl ean Air Act.

BB. "Nonattainment 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 state implementation plan to implement the requirements of 40 CFR 51.165, or a program that implements 40 CFR Part 51, Appendix S, Sections I through VI. Any permit issued under such a progra m is a major new source review permit.

CC. "Part" means an air quality control regulation under Title 20, Chapter 11 of the N ew Mexico administrative code (NMAC), unless otherwise noted; as adopted or amended by the board.


### DD. P ortable stationary source " means a source which can be relocated to another operating site with limited dismantling and reassembly. No revision submitted. Language provided for

context

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005


### EE. "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and

restri ctions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. Under Review

- Revisions sub mitted August 16, 2010,


### EE. "Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, includin g air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is

federal ly enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. Approve. The proposed

revisions in the subsection EE (“Potential to emit”) included

a clarification. L anguage revised to be consistent with the federal provisions found in 40 CFR 51.165(a)(1)(iii).

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 1 4,

2005

FF. "Predictive emissions mo nitoring system (PEMS)" means all of the equipment necessary to monitor process and control device operational parameters, for example, control device secondary voltages and electric currents, and other information, for exam ple, gas flow

rate, oxygen or ca rbon dioxide concentrations, and calculate and record the mass emissions rate, for example, pounds per hour on a

continuous basis.

GG. "Prevention of significant deterioration (PSD) permit" means any permit that is issued under 20.11.61 NMAC.

HH. "Project" means a physical change in, or change in the method of operation of, an existing major stationary source No revision submitted. Language provided for

context

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 Under Review

- Revisions submitted August 16, 2010,

II. "Projected actual emissions" Approve. The proposed

revisions in the subsection II (“Projected actual emissions”)

### 37 Table A. I V: 20.11.60.7 Definitions Analysis of Revisions to 20.11.60.7 NMAC

- Defin itions EPA’s Evaluation

II. "Projected actual emissions" means, the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated new source review pollutant in any one of the five years (12

- month perio d) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit of that regulated new source rev iew pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. In determining the projected actual emissions before beginning actual construction, the owner or operator of the major stationary

source: (1) means, the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated new source review pollutant in any one of the five years (12

- month period) following the date the unit resumes regular operation after th e project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit of that regulated new source review pollutant and full

utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. (2) In determining the projected actual emissions under Paragraph (l) of Subsection II of 20.11.60.7 NMAC, before beginning actual construction, the owner o r operator of the major stationary source: are non

- substantive changes. (Submitted August 16, 2010)

C itations revised as a result of simultaneous formatting changes in other provisions of

Part 60.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (1) 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 Under Review

- Revisions submitted August 16, 2010,
[ (1) ] (a) shall consider all relevant information, including but not limited to, historical operational data, the compan y'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 Approve . The proposed

revisions in the subsection II (“Projected actual emissions”)

are non

- substantive changes. (Submitted August 16, 2010)

C itations revised as a result of simultaneous formatting changes i n other provisions of

Part 60.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (2) shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and Under Review

- Revisions submitted August 16, 2010,
[ (2) ] (b) shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and Approve. The proposed

revisions in the subsection II (“Projected actual emissions”)

are non

- substantive changes. (Submitted August 16, 2010)

C itations revised as a result of simultaneous formatting changes in other provisions of

Part 60.

New Mexico For t

he City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (3) shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's

emission s following the project that an existing unit could Under Review

- Revisions submitted August 16, 2010, [(3) ] (c) shall exclude, in calculating any increase in emissions that results from 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 to

establish the baseline actual emissions under Subsection E of Approve. The proposed

revisions in the subsection II (“Projected actual emissions”)

are non

- substantive changes. (Submitted August 16, 2010)

C itations revised as a result of

### 38 Table A. I V: 20.11.60.7 Definitions Analysis of Revisions to 20.11.60.7 NMAC

- Defin itions EPA’s Evaluation
have accommodated during the consecutive 24

- month period

used to establish the baseline actual emissions under

Subsection E of 20.11.60.7 NMAC and that are also unrelated to the particular project, includ ing any increased utilization due to product demand growth; or, 20.11.60.7 NMAC and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or, simultaneous formatting changes in other provisions of

Part 60.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (4) in lieu of using the method set out in Paragraphs (1) through (3) of Subsection II of 20.11.60.7 NMAC, may elect to use the emissions unit's potential to emit, in tons per year, as

defi ned under Subsection EE of

20.11.60.7 NMAC. Under Review

- Revisions submitted August 16, 2010, [ (4) ] (d) in lieu of using the method set out in Paragraphs (1) through (3) of Subsection II of 20.11.60.7 NMAC, may elect to use the emissions unit's potential to emit, in tons per year, as

defined under Subsection EE of

20.11.60.7 NMAC. Under Review

- Revis ions submitted July 26, 2013, (d) in lieu of using the method set out in [ Paragraphs (1) through (3) ] Subparagraphs (a) through (c) of Paragraph (2) of Subsection II of 20.11.60.7 NMAC, may elect

to use the emissions unit's potential to emit, in tons per year, as defined under

Subsection EE of 20.11.60.7

NMAC. Approve. The proposed

revisions in the subsection II (“Projected actual emissions”)

are non

- substantive changes. (Submitted August 16, 2010)

C itations revised as a result of simultaneous formatting changes in other provisions of

Part 60.

Approve. The proposed

revisions in the subsection II (“Projected actual emissions”) of the proposed revision ( Submitted on July 26, 2013) are citations which were revised as

a result of simultaneous formatting changes in other provisions of Part 60

.

### 39 Ta ble A. I V: 20.11.60.7 Definitions Analysis of Revisions to 20.11.60.7 NMAC

– Definitions EPA’s Evaluation

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

JJ. "Regulated new source review pollutant", for purposes of 20.11.60 NMAC, means the following: (1) nitrogen oxides or any v olatile 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 in Paragraphs (1) or (2) of

Subsection JJ of 20.11. 60.7 NMAC, provided that a constituent or precursor pollutant may only be regulated under new source review as part of regulation of the general pollutant. Under Review

- Revisions submitted August 16, 2010,

JJ. "Regulated new source review pollutant" , for purposes of 20.11.60 NMAC, means the following: (1) 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 pollu tant listed in Paragraphs (1) or (2) of Subsection JJ of 20.11.60.7 NMAC, provided that [ a ] such constituent or precursor pollutant may only be regulated under new source review as part of regulation of the general pollutant precursors identified by the

a dministrator for purposes of NSR are the following: (a) volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas; (b) sulfur dioxide is a precursor to PM 2.5 in all PM 2.5 nonattainment areas; (c) nitrogen oxides are presum ed to be precursors to

PM 2.5 in all PM 2.5 nonattainment areas, 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 tha t area's

ambient PM 2.5 c oncentrations; (d) volatile organic compounds and ammonia are presumed not to be precursors to PM 2.5 in any

PM 2.5 nonattainment area, unless the state

demonstrates to the administrator's satisfaction

or EPA demonstrates that emissions o f volatile organic compounds or ammonia from sources in a specific area are a significant contributor to

that area's ambient PM 2.5 concentrations; or (4) PM 2.5 emissions and PM 10 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 codifying test methods), such co ndensable particulate

matter shall be accounted for in applicability Approve. The proposed revisions in the subsection JJ (“Regulated new source review pollutant”) are clarifications to increase the SIP’s stringency. L anguage revised to be consistent with the federal provisions found

in 40 CFR 51. 165(a)(1)(xxxvii) to regulate

PM 2.5 and its precursors

. See 73 FR 28321

. EPA promulgated these requirements for

PM 2.5 on May 16, 2008, in our final rule “Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM 2.5 )”. Note this final rule promulgated PM 2.5 precursors under Title I, Part D, Subpart I. But this decision, was vacated by the DC Circuit Court on January 4, 2013. EPA was ordered

to “ repromulgate ” our findings under Title 1, Part D, Su b part 4. Please see a further

discussion in the Additional Comments section of the TSD for details on why EPA

can act at this time on the submitted

revisions to the Albuquerque NNSR Permitting Program to address emissions of

PM 2.5 and its precursors.

### 40 Ta ble A. I V: 20.11.60.7 Definitions Analysis of Revisions to 20.11.60.7 NMAC

– Definitions EPA’s Evaluation

determinations and in establishing emissions

limitations for PM 2.5 and PM 10 in nonattai n mnent major NSR permits; compliance with emissions

limitations for PM 2.5 and PM 10 issued prior to t his date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan; applicability determinations made prior to this date without accounting for condensable particula te matter
shall not be considered in violation of this section unless the applicable implementation plan required condensable particulate matter to be included.

KK. New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

KK. "Replacement unit" means an emission unit for which all of the following criteria are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (1) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(l), or the emissions unit completely takes 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 doe s not change the basic design parameter(s) of the process unit. (4) The replaced emissions unit is permanently removed from the major stationary source, otherwise disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall

constitute a new emissions unit. Under Review

- Revisions submitted August 16, 2010,

KK. "Replacement unit" means an emission unit for which all of the [ following ] criteria listed in Paragraphs (l)

- (4) of Subsection KK of 20.11.60.7 NMAC are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. (1) The emissions unit is a reconstructed unit within the

meanin g of 40 CFR 60.15(b)(l), or the emissions unit completely takes 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 not [ change ] alter th e basic design parameter(s) of the process unit. (4) The replaced emissions unit is permanently removed from the major stationary source, otherwise disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall

constitute a new emissions unit. Approve. The proposed revisions in the subsection KK (“Replacement unit”)

included c itations which were revised as a result of simultaneous formatting changes in

o ther provisions of Part 60. Also, includes

non

- substantive grammatical changes.

LL. New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

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 major stationary source or major Under Review

- Revisions submitted August 16, 2010,

LL. "Secondary emissions" means emissions which would occur as a result of the construction or operation of a major st ationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of [ Subsection LL of] Approve. The proposed revisions in the subsection LL (“Secondary emissions”)

included c itations which were revised as a result of simultaneous formatting changes in other provisions of Part 60

.

### 41 Ta ble A. I V: 20.11.60.7 Definitions Analysis of Revisions to 20.11.60.7 NMAC

– Definitions EPA’s Evaluation

modification itself. For the purpose of Subsection LL of

20.11.60. 7 NMAC, secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facilit y 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. 20.11.60.7 NMAC, secondary emissions must be specific, well defined, quantifiable, and impact the sa me general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a

result of the constr uction 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. New Mexico For the City Albuquerque SIP Approved by EPA o n April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 "Significant" means, in 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) carbon monoxide, 100 tons per year; (2) nitrogen oxides, 40 tons per year; (3) sulfur dioxide, 40 tons per year; (4) PM10 emissions, 15 tons per year; (5) ozone, 40 tons per year of volatile organic compounds; or (6) lead, 0.6 tons per year. Under Review

- Revisions submitted August 16, 2010,

MM. "Significant" means, in 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: (1) (a) carbon mono xide, 100 tons per year; (2) (b) nitrogen oxides, 40 tons per year; (3) (c) sulfur dioxide, 40 tons per year; (4) (d) PM10 emissions, 15 tons per year; (5) (e) ozone, 40 tons per year of volatile organic compounds or nitrogen oxides ; or (6) (f) lead, 0.6 tons per year, or (g) PM 2.5 , 10 tons per year of direct PM 2.5 emissions; 40 tons per year of sulfur dioxide emissions; 40 tons per year of nitrogen oxide emissions unless demonstrated

not to be a PM 2.5 precursor under Subsection JJ of

20.11.60.7 NMA C. (2) Notwithstanding the significant emissions rate for ozone in Paragraph (l) of Subsection MM of 20.11.60.7 NMAC, significant means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of volatile organic com pounds that would result from any physical change in, or change in the method of operation of a major stationary source locating in a serious or severe ozone nonattainment area that is subject to Subpart 2, Part D, Title I of the act, if Approve. The proposed revisions in the subsection MM (“Significant”) include

non

- substantive renumbering, and

additional significant revisions to increase the SIP’s stringency to be consistent with the federal provisions found in 40 CFR 51.165(a)(1)(x)(B) through 40 CFR 51.165(a)(1)(x)(E). See, 73 FR 28321 (PM 2.5 NSR Implementation) and 70 FR

71612 ( 8

- hour O 3 NAAQS Implementation )

.

We note that the revisions to 20.11.60.7(MM)(1)(g) revise the Albuquerque NNSR Permitting Program to regulate PM 2.5 and its precursors. See 73 FR 28321. EPA promulgated these requirements

for PM 2.5 on May 16, 2008, in our final rule “Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM 2.5 )”. Note this final rule promulgated PM 2.5 precursors under Title I, Part D, Subpart I. But this decision, was vacated by the DC Circuit Court on January 4, 2013. EPA wa s ordered to repromulgate our findings under Title 1, Part D, Su b part 4. Please see a further

discussion in the Additional Comments section of the TSD for details on why EPA

### 42 Ta ble A. I V: 20.11.60.7 Definitions Analysis of Revisions to 20.11.60.7 NMAC

– Definitions EPA’s Evaluation

such emissions inc rease of volatile organic compounds exceeds 25 tons per year. (3) For the purposes of applying the requirements of 20.11.60.17 NMAC to modifications at major stationary sources of nitrogen oxides located in an ozone nonattainment area or in an ozone transport region. The significant emission rates and other requirements for volatile organic compounds in Paragraphs (1), (2), and (5) of Subsection MM of 20.11.60.7 NMAC shall apply to nitrogen oxides emissions. (4) Notwithstanding the significant emissions rate for

ca rbon monoxide under Paragraph (1) of Subsection MM of 20.11.60.7 NMAC, significant means, in

reference to an emissions increase or a net emissions increase, any increase in actual emissions of carbon monoxide that would result from any physical change in, or change in the method of operation of, a major stationary source in a serious nonattainment area for carbon monoxide if such increase equals or exceeds 50 tons per year, provided the administrator has determined that stationary sources contribute signifi cantly to carbon

monoxide levels in that area. (5) Notwithstanding the significant emissions rates for ozone under Paragraphs (1) and (2) of Subsection MM of 20.11.60.7 NMAC, any increase in actual emissions of volatile organic compounds from any emissions uni t at a major stationary source of volatile organic compounds located in an extreme ozone nonattainment area that is subject to Subpart 2. Part D, Title I of the act shall be considered a significant net emissions increase can act at this time on the submitted

revisions to the Albuquerque NNSR Permitting Program to address emissions of

PM 2.5 and its precursors.

NN. "Significant emissions increase" means, for a regulated new source review pollutant, an increase in emissions that is significant for that pollutant.

OO . "Stationary source" means any building, structure, facility, or installation which emits or may emit any regulated new source review pollutant.

PP . " Temporary source" means a stationary source which changes its location or ceases to exist within one year from the date

of ini tial start of operations QQ. "Visibility impairment" means any humanly perceptible change in visibility, that is, visual range, contrast, coloration,

from that which would have existed under natural conditions. No revision submitted. Language provided

for context

.

### 43

### 44 Table A.V: 20.11.60.12 APPLICABILITY Analysis of Revisions to 20.11.60.12 NMAC

- Applicability EPA’s Evaluation

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

A. Any person constructing any new major stationary source or major modification shall obtain a permit from the department in accordance with the requirements of 20.11.60 NMAC prior to the start of construction or

mo dification if either of the following conditions applies: (1) The major stationary source or major modification will be located within a nonattainment area so designated pursuant to Section 107 of the federal Clean Air Act and will emit a regulated new source review pollutant for which it is major and which the area is designated nonattainment for; or Under Review

- Revisions submitted August 16, 2010,

A. Any person constructing any new major stationary source or major modification shall obtain a permit from the department in accordance with the requirements of 20.11.60 NMAC prior to the start of construction or modification if either of the following conditions [ applies] under Paragraph (I) or (2) of Subsection A of 20.11.60.12 NMAC apply.

(1) Sources that would locate in a designated

nonattainment area. The proposed major stationary source or major modification [ will] would be located within a nonattainment area so designated pursuant to

Section 107 (d)(1)(A)(i) of the federal Clean Air Act

and [ will] would emit a regulated new source review pollutant for which it is major and for which the area is designated nonattainment [ for; or ]. Approve. The proposed revisions in the

subsection A of the section 20.11.60.12 (A)

NMAC are consistent with the federal provisions in 40 CFR 51.165(a)(2)(i).

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (2) The major stationary source or major modification w ill be located within an area designated attainment or unclassifiable pursuant to Section 107 of the federal Clean Air Act and will emit a regulated new source review pollutant for which it is major and the ambient impact of such pollutant would exceed any of the significance levels in Subsection A of 20.11.60.22 NMAC at any location that does not meet any national ambient air quality standard for the same pollutant. (See Subsection D of 20.11.60.12 NMAC) Under Review

- Revisions submitted August 16, 2010, (Cont’d)

(2) Sources locating in designated clean or

unclassifiable areas which would cause or contribute to a violation of a NAAQS. (a) The proposed major stationary source or major modification [ will] would be located within an area designated as attainment or unclassifiable for any NAAQS pursuant to Section 107 of the federal Clean Air Act and will emit a regulated new source review pollutant for which it is major
[ and the ambient impact of such pollutant would exceed any of the significance levels in Subsection A of 20.11.60.22 NMAC at any location that does not meet any national ambient air quality standard for the same pollutant. (See Subsection D of 20.11.60.12 NMAC) ] and when it would cause or contribute to a violation of any NAAQS. Approve

. The changes are consistent with federal language 40 CFR 51.165(b)(1) and (b)(2)

.

### 45 Table A.V: 20.11.60.12 APPLICABILITY Analysis of Revisions to 20.11.60.12 NMAC

- Applicability EPA’s Evaluation

(b) A maj or source or major modification will be

considered to cause or contribute to a violation of

a NAAOS when such source or modification would, at a minimum, exceed the following significance levels at any locality that does not or would not meet the applicabl e national standard:

Under Review

- Revisions submitted August 16, 2010,

Significant ambient concentrations:

Pollutant Averaging time

Annual 24

- hr 8

- hr 3

- hr 1 hr

Sulfur

Dioxide 1.0

μg/m 3 5.0

μg/m 3 -- 25

μg/m 3 --

PM 10 1.0

μg/m 3 5.0

μg/m 3 -- -- --

Nitrogen

Dioxide 1.0

μg/m 3 -- -- -- --

Carbon

Monoxide

-- -- 0.5 mg/m 3 -- 2

mg/m 3 Under Review

- Revisions submitted July 26, 2013,

Significant ambient concentrations:

Pollutant Averaging time

Annual 24

- hr 8

- hr 3

- hr 1 hr

Sulfur

Dioxide 1.0

μg/m 3 5.0

μg/m 3 -- 25 μg/m 3 --

PM 2.5 0.3

μg/m 3 1.2

μg/m 3

PM 10 1.0

μg/m 3 5.0

μg/m 3 -- -- --

Nitrogen

Dioxide 1.0

μg/m 3 -- -- -- --

Carbon

Monoxide

-- -- 0.5 mg/m 3 -- 2 mg/m 3 Approve. The changes in the section

20.11.60.12 (“Applicability”) of the proposed revision Submitted August 16, 2010 include moving a table from another section (20.11.60.22 NMAC ) with contents

that were previously SIP approved. ( The

removal of this table from this section will be

indicated later in the TSD.

Approve. S ubmitted July 26, 2013 revisions to

the table that are consistent with the federal provisions found in 40 CFR 51.165(b)(2)

.

Under Review

- Revisions submitted August 16, 2010, (3) A proposed major source or major modification subject to Subsection A of 20.11.60.12 NMAC may reduce the impact of its emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for its

adverse ambi ent 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 re quirements of Subsection A of 20.11.60.12 NMAC shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the

source or modification is located in an area designated as nonattainment pursuant to Section 107 of the act. Approve

. Substantive r evisions are consistent with federal provisions found in 40 CFR 51.165(b)(3) and (4)

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

B. The requirements of 20.11.60 NMAC apply to each regulated new source review pollutant meeting the criteria of either Paragraph (1) or Paragraph (2) of Subsection A

of 20.11.60.12 NMAC.

C. For an area which is nonattainment for ozone, volatile organic compounds and oxides of nitrogen are the regulated new source review pollutants which may make Under Review

- Revisions submitted August 16, 2010,

B. The requirements of 20.11.60 NMAC apply to each regulated new source review pollutant meeting the criteria of either Paragraph (1) or Paragraph (2) of Subsection A of

20.11.60.12 NMAC.

C. For an area which is nonattainment for ozone, volatile organic compounds and oxides of nitrogen are the regulated The changes matches federal requirements

and t h e equivalent of this language can be

found at 20.11.60.12(A)(1) and

, 20.11.60.7(JJ)

. Also, headings have been removed, but the actual federal language for the requirements that are listed in subsection D, was not removed and can be found at 20.11.60.17 Emission Offset Baseline,

20.11.60.18 Emission Offset Ratios and

20.11.60.15

.

### 46 Table A.V: 20.11.60.12 APPLICABILITY Analysis of Revisions to 20.11.60.12 NMAC

- Applicability EPA’s Evaluation

20.11.60 NMAC applicable under the provisions of Paragraph (1) of Subsection A of 20.11.60.12 NMAC.

D. Othe r requirements.

1. A new major stationary source or major modification which meets the criteria of Paragraph (2) of Subsection

A of 20.11.60.12 NMAC shall demonstrate that the

source or modification will not cause or contribute to a violation of any national ambient air quality standard by meeting the following requirements and no others of

20.11.60 NMAC: (a) Paragraph (2) of Subsection C of 20.11.60.15 NMAC regarding emission offsets; (b) Subsection D of 20.11.60.15 NMAC regarding a net air quality benefit; (c) 20.11.60. 17 NMAC

- Emission Offset Baseline; (d) 20.11.60.18 NMAC

- Emission Offset; and (e) 20.11.60.20 NMAC

- Air Quality Benefit. new source review pollutants w hich may make 20.11.60 NMAC applicable under the provisions of Paragraph (1) of

Subsection A of 20.11.60.12 NMAC.

D. Other requirements. (1) A new major stationary source or major modification which meets the criteria of Paragraph (2) of Subsection A of

20 .11.60.12 NMAC shall demonstrate that the source or modification will not cause or contribute to a violation of any national ambient air quality standard by meeting the following requirements and no others of 20.11.60 NMAC: (a) Paragraph (2) of Subsection C of 20.11.60.15 NMAC regarding emission offsets; (b) Subsection D of 20.11.60.15 NMAC regarding a net air quality benefit; (c) 20.11.60.17 NMAC

- Emission Offset Baseline; (d) 20.11.60.18 NMAC

- Emission Offset; and (e) 20.11.60.20 NMAC

- Air Quality Bene fit.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the

State on December 14, 2005

2. In addition, a new source or modification which meets the criteria of Paragraph (2) of Subsection A of 20.11.60.12 NMAC and is also a major stationary source or major modification as defined in 20.11.61 NMAC, Prevention of Significant Deterioratio n (PSD), shall obtain a PSD permit under the provisions of

20.11.61 NMAC Under Review

- Revisions submitted August 16, 2010,

(2) In addition, a new source or modification which meets the criteria of Paragraph (2) of Subsection A of 20.11.60.12

NMAC and is also a major stationary source or major modification as defined in 20.11.61 NMAC, Prevention of Significant Deterioration (PSD), shall obtain a PSD permit under the provisions of 20.11.61 NMAC. The changes matches federal requirements and the equivalent of this language can be found at 20.11.60.12(A)(a) through (b)

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

E. Applicability procedures. (1) Except as otherwise provided in Paragraphs (3) and (4) of Subsection E of 20.11.60.12, and consistent with the definition of major modification, a project is a major modification for a regulated new source review pollutant if it causes two types of emissio ns increases

- a significant emissions increase, and a significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions Under Review

- Revisions submitted August 16, 2010, [E.] B Applicability procedures. (1) Except as otherwise provided in [ Paragraphs (3) and (4) of Subsection E of 20.11.60.12 ] Subsection C of

20.11.60.12 NMAC , and consistent with the definition of major modification, a project is a major modification for a regulated new source review pollutant if it causes two types of emissions increases

- a significant emissions i ncrease, and a significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major Approved. The proposed revisions in the

subsection B of the section 20.11.60.12 (“Applicability”) include citations which

were revised as a result of simultaneous formatting changes in other provisions of Part 60 and language which was revised to be consistent with the federal provisions found in 40 CFR 51.165(a)(2)(ii)( A ).

### 47 Table A.V: 20.11.60.12 APPLICABILITY Analysis of Revisions to 20.11.60.12 NMAC

- Applicability EPA’s Evaluation

increase, then the proje ct is a major modification only if it also results in a significant net emissions increase. modification only if it al so results in a significant net

emissions increase.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (2) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (the first step of the process) will occur depends upon the type of emissions units being modified, according to Paragraphs (3) and (4) of Subsection E of 20.11.60.12 NMAC. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will o ccur at the major stationary source (the second step of the process) is contained in the definition of net emissions increase. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions in crease and a significant

net emissions increase. Under Review

- Revisions submitted August 16, 2010, (2) The procedure for calculating (before beginning actual construction) whether a significant emissions increase ( i.e., the first step of the process) will oc cur depends upon the type of emissions units being modified, according to [ Paragraphs (3) and (4) of

Subsection E of 20.11.60.12 ] Paragraphs (3), (4) and (6) of Subsection B of 20.11.60.12 NMAC

. The procedure for calculating (before beginning actual

constr uction) whether a significant net emissions increase will occur at the major stationary source ( i.e., the second step of the process) is contained in the definition of net emissions increase. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissio ns increase. Approved. The proposed revisions in the

subsection B of the section 20.11.60.12 (“Applicability”) include citations which

were revised as a result of simultaneous formatting changes in other provisions of Part 60 and language which was revised to be consistent with the federal provisions found in 40 CFR 51.165(a)(2)(ii)( B)

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (3) Actual

- to

- projected

- actual applicabilit y test for projects that involve existing emissions units. A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the difference between the projected actual

emissions and the baseline actual emissio ns for each existing emissions unit, equals or exceeds the significant amount for that pollutant. Under Review

- Revisions submitted August 16, 2010, (3) Actual

- to

- projected

- actual applicability test for projects that involve existing emissions units. A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the difference between the projected actual

emissions and the baseline actual emissions for each existing emissions unit, equals or exceeds the significant amount for that pollutant. No revision submitted. Language provided

for context

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (4) Actual

- to

- potential test for projects that involve construction of a new emissions unit(s). A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the difference between the potential to emit from ea ch new emissions unit following completion of the project and the baseline actual emissions of these Under Review

- Revisions submitted August 16, 2010, (4) Actual

- to

- potenti al test for projects that only involve construction of a new emissions unit(s). A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the difference between the potential to emit

from each new emiss ions unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant. Approved. Non substantive change and is consistent with federal language.

### 48 Table A.V: 20.11.60.12 APPLICABILITY Analysis of Revisions to 20.11.60.12 NMAC

- Applicability EPA’s Evaluation

units before the project equals or exceeds the significant amount for that pollutant.

Under Review

- Revisions submitted August 16, 2010, (5) [Reserved] (6) Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated new source review pollutant is projected to occur if the sum of the 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 ap plicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant (as defined in Subsection MM of 20.11.60.7 NMAC). Approve. The language addition are consistent with the federal provi sions found in 40 CFR 51.165(a)(2)(ii)(F).

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (5) For any major stationary source for a PAL for a regulated new source review pol lutant, the major stationary source shall comply with requirements

under 20.11.60.23 NMAC. Under Review

- Revisions submitted August 16, 2010, (5) C

. For any major stationary source for a PAL for a regulated new source review pollutant, the major stationary source shall comply with requirements under [ 20.11.60.23

NMAC ] 20.11.60.27 NMAC

. Approve. The language revis ion are consistent with the federal provisions found

in 40 C FR 51.165(a) (2) (iii) and simultaneous reformatting/renumbering

.

F. New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 The following specific provisions apply to projects at existing emissions units at a major stationary source (other than projec ts at a source with a PAL) in circumstances where the owner or operator elects to use the method specified in Paragraphs (1) through (3) of Subsection I1 of 20 .11. 60.7 NMAC for calculating projected actual emissions. Under Review

- Revisions submitted Augu st 16, 2010, [ F. The following specific provisions apply to projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where the owner or operator elects to use the method specified in Paragraphs (1) through (3) of Subsection I1 of 20.11.60.7 NMAC for calculating projected actual emissions. Approved. SIP

- approved language is moving

to new 20.11.60.16 NMAC

– Provisions for Projected Actual Emissions.

20.11.60.12(F) moved to 20.11.60.16

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (1) Before beginning actual construction of the project, the owner or operator shall document and maintain a

record of the following information: (a) a description of the project; (b) identification of the emissions unit(s) whose emissions of a regulated new source review pollutant could be affected by the project; and (c) a description of the applicability test used to

determine that the project is not a major modification for any regulated new source review pollutant, including the baseline actual emissions, the projected actual emissions, the amount of Under Review

- Revisions submitted August 16, 2010, (1) Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information: (a) a description of the project; (b) identification of the emissions unit(s) whose emissions of a regulated new source review pollutant could be affected by the project; and (c) a description of the applicability test used to determine that the project is not a major modification for any regulated new source review pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under Paragraph (3) of Subsection I1 of 20.11.60.7 NMAC and an explanation for why such amount was excluded, and any netting calculations, if applicable. Approved. SIP

- approved language is moving

to new 20.11.60.16 NMAC

– Provisions for Projected Actual Emissions.

20.11.60.12(F)(1)(a) through (c) moved to

20.11.60.16 (A)(1) through (3)

### 49 Table A.V: 20.11.60.12 APPLICABILITY Analysis of Revisions to 20.11.60.12 NMAC

- Applicability EPA’s Evaluation

emissions excluded under Paragraph (3) of

Subsection I1 of 20.11.60.7 NMAC and an explanation for why such amount was excluded, and any netting calculations, if applicable. New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (2) If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in Paragraph (1) of Subsection

F of 20 .11. 60.12 NMAC to the department. Nothing in Paragraph (2) of Subsection F of 20 .11. 60.12 NMAC

shall be construed to require the owner or operator of such a unit to obtain any determination from the department; however, necessar y preconstruction approvals and/ or per m its must be obtained before beginning actual construction. Under Review

- Revisions submitted August 16, 2010, (2) If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in Paragraph (1) of Subsection F of 20.11.60.12 NMAC to the department. Nothing in Paragraph (2) of Subsection F of 20.11.60.12 NMAC shall be construed to require the owner or operator of such a unit to obtain any determination from the department; however, necessary preconstruction approvals and/or per mits must be obtained before beginning actual

construction. Approved. SIP

- approved language is moving

to new 20.11.60.16 NMAC

– Provisions for Projected Actual Emissions.

20.11.60.12(2) moved to 20.11.60.16(B)

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (3) The owner or operator shall monitor the emissions of any regulated new source review pollutant that could increase as a result of the project and that is emit ted by any emissions units identified in Subparagraph (b) of Paragraph (1) of Subsection F of 20 .11. 60.12 NMAC;

and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following res umption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated new source review pollutant at such emissions unit. Under Review

- Revisions submitted August 16, 2010, (3) The owner or operator shall monitor the emissions of any regulated new source review pollutant that could increase as a result of the project and that is emitted by any emissions units identified in Subparagraph (b) of Paragraph (1) of Subsection F of 20.11.60.12 NMAC; and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular op erations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated new source review pollutant at such emissions

unit. Appr oved. SIP

- approved language is moving

to new 20.11.60.16 NMAC

– Provisions for Projected Actual Emissions.

20.11.60.12(3) moved to 20.11.60.16(C)

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (4) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end of each year during which records must be generated under Under Review

- Revisions submitted August 16, 2010, (4) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the department within 60 days after the end of each year during which records must be generated under Paragraph (3) of

Subsection F of 20.11.60.12 NMAC setting out the unit's Approved. SIP

- approved language is moving

to new 20.11.60.16 NMAC

– Provisions for Projected Actual Emissions.

20.11.60.12(4) moved to 20.11.60.16(D)

### 50 Table A.V: 20.11.60.12 APPLICABILITY Analysis of Revisions to 20.11.60.12 NMAC

- Applicability EPA’s Evaluation

Paragraph (3) of Subsection F of 20 .11. 60.12 NMAC setting out the unit's annual emissions during the year

that preceded submission of the report. annual emissions during the year that preceded submission of the report.

New Mexico For the City Albuquerque SIP Appro ved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (5) If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the department if the annual emissions, in tons per year, from the project identified in Paragraph (1) of Subsection F of 20 .11. 60.12 NMAC, exceed the baseline actual emissions (as documented

and maintained pursuant to Subparagraph (c) of Paragraph (1) of Subsection F of 20.11.60.12 N MAC) by a significant amount for that regulated new source review pollutant, and if such emissions differ from the preconstruction projection (as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of Subsection F of 20 .11. 60.12 NMAC). Such report shall be submitted to the department within 60 days after the end of such year. The report shall contain the following : (a) the name, address and telephone number of the major stationary source; (b) the annual emissions as calculated pursuant t o Paragraph (3) of Subsection F of 20.11.60.12 NMAC;

and (c) any other information that the owner or operator wishes to include in the report, for example, an explanation as to why the emissions differ from the preconstruction projection

. Under Review

- Re visions submitted August 16, 2010, (5) If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the department if the annual emissions, in tons per year, from the project identifi ed in Paragraph (1) of Subsection F of 20.11.60.12 NMAC, exceed the baseline actual emissions (as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of Subsection F of 20.11.60.12 NMAC) by a significant amount for that regulated new so urce review pollutant, and if such emissions differ from the preconstruction projection (as documented and maintained pursuant to Subparagraph (c) of Paragraph (1) of Subsection F of 20.11.60.12 NMAC). Such report shall be submitted to the department withi n 60 days after the end of such year. The report shall contain the following: (a) the name, address and telephone number of the major stationary source; (b) the annual emissions as calculated pursuant to Paragraph (3) of Subsection F of 20.11.60.12 NMAC; a nd (c) any other information that the owner or operator wishes to include in the report, for example, an explanation as to why

the emissions differ from the preconstruction projection

. Approved. SIP

- approved language is moving

to new 20.11.60.16 NMAC

– Provisions for Projected Actual Emissions.

20.11.60.12(5) moved to 20.11.60.16(E)

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

G. The owner or operator of the source shall make the information required to be documented and maintained pursuant to Subsection F of 20.11.60.12 NMAC available for review upon a request for inspection by the department or t he general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii). Under Review

- Revisions submitted August 16, 2010,

G. The owner or operator of the source shall make the information required to be documented and maintained

pursuant to Subsection F of 20.11.60.12 NMAC available for review upon a request for inspection by the department or the general public pursuant to the requirements contained in 40 CFR 70.4(b)(3)(viii ). ] Approved. SIP

- approved language is moving

to new 20.11.60.16 NMAC

– Provisions for Projected Actual Emissions.

20.11.60.12(G) moved to 20.11.60.16(G)

### 51 Table A.VI: 20.11.60.13 SOURCE OBLIGATION AND ENFORCEABLE PROCEDURES Analysis of Revisions to 20.11.60.1 3 NMAC

– Source Obligation and Enforceable Procedures EPA’s Evaluation
New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

20.11.60.13 Source Obligation 

### A. The requirements of this 20.11.60 NMAC shall apply as though construction had not yet commenced at the time that a source or modification becomes a major source or major modification solely due to a relaxation in any enforceable limitation

established after Au gust 7, 1980. Under Review

- Revisions submitted August 16, 2010,

20.11.60.13 Source Obligation and

Enforceable Procedures 

### A. [ The requirements of this 20.11.60 NMAC shall apply as though construction had not yet commenced

at the time that a source or modification becomes a major source or major modification solely due to a relaxation in any

enforceable limitation established after August 7, 1980. ] At such time that a particular source or modification becomes a major stationary source or major

modificat ion solely by virtue of a relaxation in any enforcement

limitation which was established after August 7,1980, on the capacity

of the source or modification otherwise to emit a pollutant, such

as a restriction on hours of operation, then the requirements of regulations approved pursuant to 20.11.60 NMAC shall apply to the source or modification as though construction had not yet commenced

on the source or modification. Under Review

- Revisions submitted August 16, 2010, 

### A. At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any

enforcement limitation which was established after August 7,1980, on the capacity of the source or modific ation otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of regulations approved pursuant to [ 20.11.60

NMAC ] 40 CFR 51.165 shall apply to the source or modification as though construction had not yet commenced

on the source or modification. Approve. The proposed regulation

revisions (submitted August 16, 2010) included revising section

title and language which was

revised to be consistent with the federal provisions found in 40 CFR 51.165(a)(5)(ii).

Approve. The changes in the

section 20.11.60.13 NMAC (“Source Obligation and Enforceable Procedures”) of the proposed revision (submitted on July 26, 2013) included a citation

which was revised to be consistent with the federal provisions found

in 40 CFR 51.165 (a)( 5)(ii)

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005


### B. The issuance of a permit by the department shall not relieve any owner or operator of the responsibility to comply with the provisions of the Air Quality Control Act, Sections 74

- 2

- 1 to

74

- 2

- 17, NMSA 1978, any applicable regulations of the board, and any other requirements under local, state, or federal law. Under Review

- Revisions submitted August 16, 2010,

[ The issuance of a permit by the department shall not relieve any owner or operator of the responsibility to comply with the provisions of the Air Quality Control Act, Sections 74

- 2

- 1 to 74

- 2

- 17, NMSA 1978, any applicable regulations of the board, and any other requirements under local, state, or federal law. ] 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 requirements under local State or Federal law

, i ncluding provisions of the Approve. The proposed regulation

revisions (submitted August 16, 2010) included revising section

title and language which was revised to be consistent with the federal provisions found in 40

CF R 51.165(a)(5)( i).

### 52 Table A.VI: 20.11.60.13 SOURCE OBLIGATION AND ENFORCEABLE PROCEDURES Analysis of Revisions to 20.11.60.1 3 NMAC

– Source Obligation and Enforceable Procedures EPA’s Evaluation

Air Quality Control Act Sections 74

- 2

- 1 to 74

- 2

- 17, NMSA 1978

, and any applicable regulations of the board. New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005



### C. Any owner or operator who co mmences construction or operates a major stationary source or major modification without, or not in accordance with, a permit issued under the requirements of 20 .11. 60 NMAC shall be subject to enforcement action.


### D. Approval to construct shall become invalid if construction is not commenced within 18 months after receipt of such approval, 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. If the owner or operator previously issued a permit under 20.11.60 NMAC applies for an extension as provided for under Subsection D of 20.11.60.13 NMAC, and the new proposed date of construction is greater than 18 months from the date the permit would bec ome invalid, the determination of lowest achievable emission rate shall be reviewed and modified as appropriate be fore 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. No revision submitted. Language provided for context

.

### 53 Table A.VII: 20.11.60.14 FUGITIVE EMISSIONS

Analysis of Revisions to 20.11.60.1 4 NMAC

– Fugitive Emissions EPA’s Evaluation

Under Review

- Revisions submitted August 16, 2010,

20.11.60.14 Fugitive Emissions

The provisions of 20.11.60 NMAC do not apply to a source or modification that would be a major stationary source or major modification only

if fugitive emission to the extent quantifiable are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories:

A. carbon b lack plants (furnace process); B. charcoal production plants; C. chemical process plants

- not including ethanol production facilities that produce ethanol by natural fermentation included in NA I CS codes

32519 3 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 Btu/hr heat input:
G, fossil fuel b oilers (or com bination thereof) totaling mo re than 250 million Btu/hr heat input; H. fuel conversion plants: I. glass fiber processing plants:

J. hydrofluoric acid plants;

K. iron and steel mill plants;
L kraft pul p mills; M. lime plants; 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 barrels; R. phosphate rock processing plants; S, Portland cement plant;

T. primary lead smelters;
U. primary zinc smelters ; V. primary aluminum ore reduction plants; W. primary copper smelters; X. secondary metal production plants;

Y. sintering plants; Z. sulfur recovery plants; AA. sulfuric acid plants;

BB. taconite ore processing plants; or CC. any other stationary source c ategory which. as of August 7, 1980 is being regulated under Section III or 112 of the federal Clean Air

Act. Approve. New 20.11.60.14 NMAC

is consistent with federal requirements at 40 CFR

51.165 (a)(4). This SIP approved language that is consistent with federal language has been moved

from 20.11.60.22 NMAC. Also,

See

, 76 FR 17548 Fugitive

Emissions Rule.

### 54 Table A.VIII : 20.11.60.15 BASELINE FOR DETERMINING CREDIT FOR EMISSION AND AIR QUALITY OFFSETS Analysis of Revisions to 20.11.60.1 5 NMAC

– Baseline for Determining Credit for Emission and Air Quality

Offsets EPA’s Evaluation

20.11.60.15 Baseline for Determining Credit For Emission and Air Quality Offsets

Under Review

- Revisions submitted August 16, 2010,

A. For sources and modifications subject to any preconstruction review program adopted pursuant to 20.11.60 NMAC, 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 construc t is filed. except that the offset baseline shall be the actual emissions of

the source from which offset credit is obtained where: 1) the demonstration of reasonable further progress and attainment of ambient air quality standards is based upon

the actual em issions of sources located within a designated nonattainment area for which the preconstruction review program was adopted; o r 2) the applicable SIP does not contain an emissions limitation for that source or source category

. Under Review

- Revisions submitted July 26, 2013

, A. For sources and modifications subject to any preconstruction review program adopted pursuant to [ 20.11.60 NMAC ] Subsection 40 CFR 51.165(a)

, the baseline for determining

credit for emissions reductions is t he 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: 1) the demonstration of reasonable further progress and 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 Approve. The additional section

included l anguage (submitted August 16, 2010) consistent with the requirement of 40 CFR 51.165(a)(3)(i),

The changes in the section

20.11.60.1 5 (“Baseline for Determining Credit for Emission and Air Quality Offsets:”) of the proposed revision (s ubmitted on July
26, 2013) included a citation which

was revised to be consistent with the federal provisions found in 40 CFR 51.165(a) (3)(i)

.

Under Review

- Revisions submitted August 16, 2010,

B. Combustion of fuels. (1) Where the emissions limit under the applicable SIP allows greater emissions than the potential to emit of the source, emissio ns offset credit will be allowed only for control below this potential. (2) For an existing fuel combustion source, credit shall be based on the allowable emissions under the applicable SIP for the typ e of fuel being burned at the time the permit application to construct is filed. If the existing source commi ts 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, u nless the permit is conditioned to require the use of a specified alternative control measur e, 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 of the new fuel are available before granting emissions offset cr edit for fuel switches. Approve. The additional section

included l anguage (submitted August 16, 2010) consistent with

the federal language. The new language at 20.11.60.15(B)(1) and (2) matches requirement s of 40 CFR 51.165(a)(3)(i i ) (A) and (B)

.

(3) Emission reduction credit from shutdowns and curtailments. (a) Emissions reduction 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 of 20.11.60.15 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 for the SIP plann ing process. For purposes of Item (ii) of Subparagraph (a) of Paragraph (3) of Subsection B of 20, 11.60.15 NMAC, the department may choose to consider a Approve. The additional section

included l anguage (submitted August 16, 2010) consistent with

the federal language. The new language at 20.11.60.15(B)(3)

th rough (10) matches requirements

### 55 Table A.VIII : 20.11.60.15 BASELINE FOR DETERMINING CREDIT FOR EMISSION AND AIR QUALITY OFFSETS Analysis of Revisions to 20.11.60.1 5 NMAC

– Baseline for Determining Credit for Emission and Air Quality

Offsets EPA’s Evaluation

prior shutdown or curtailment to have occurred after the last day of the base year if the projected em issions inventory used to develop the attainment demonstration explicitly includes the emission from such previously shutdown or cu rtailed

emission units. However in no event may credit be given for shutdowns that occurred before August 7 1977. (b) Emissions r eductions achieved by shutting down an existing emissions unit or curtailing production or operating hours and that do not meet the requirements in Item (ii) of Subparagraph (a) of Paragraph (3) of Subsection B of 20, 11.60.15 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 applicant 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 on item (i) of Subparagraph (a) of Paragraph (3) of Subsection B of 20.11.60.15 NMAC. (4) No emissions credit shall be allowed for replacing one hydrocarbon compound with an other of lesser reactivity, except for those compounds listed in Table 1 of EPA's Recommended Policy on Control or Volatile Organic Compounds (42 FR 35314, July 8, 1977) and any amendments thereto. (5) All emission reductions claimed as offset credit shall be federally enforceable. (6) Procedures relating to the Permissible location of offsetting emissions shall be followed which are at least as stringent as those set out in 40 CFR Part 51 Appendix S Section IV.D. (7) Credit for an emissions reduction can be claimed to the extent that the department has not relied on it in issuing any permit under regulations approved pursuant to 40 CFR Part 51 Subpart I or the department has not relied on it in demonstration attainment or reasonable further progress. (8) [Reserved] (9) [Reserv ed] (10) The total tonnage of increased emissions, in tons per year, resulting from a major modification that must be offset in accordance with Section 173 of the federal Clean Air Act shall be determined by summing the difference between the allowable emission s after

the modification and the actual emissions before the modification for each emissions unit. of 40 CFR 51.165(a)(3)(ii)(C) through (J)

C. All emission reductions claimed as offset credit shall occur prior to or concurrent with the start of operation of the propos ed source. In addition, past reductions must have occurred later than the date upon which the area became nonattainment in order to be

creditable.

D. The owner or operator desiring to utilize an emission reduction as an offset shall submit to the department the following inf ormation: (1) a detailed description o f the process to be controlled and the control technology to be used; and (2) emission calculations showing the types and amounts of actual emissions to be reduced; and the effective date of the reduction

. This SIP approved language was moved from another sec tio n. Because this requirement was not found in the federal regulations it appears to go beyond the federal requirements.

### 56 Table A. I X: 20.11.60.16 PROVISIONS FOR PROJECTED ACTUAL EMISSIONS Analysis of Revisions to 20.11.60.1 6 NMAC

– Provisions for Projected Actual Emissions EPA’s Evaluation

Under Review

- Revisions submitted August 16, 2010,

20.11.60.16 PROVISIONS FOR PROJECTED ACTUAL EMISSIONS: Except as otherwise provided in Subsection F of 20.11.60.16 NMAC, the following specific provisions app ly with respect to any regulated new source review pollutant emitted from projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where the re is a reasonable possibility within the mea ning of Subsection F of 20.11.60.16 NMAC. that a project that is not a part of a major modification may result in a Subparagraphs (a), (b) and (c) of Paragraph (2) of Subsection II of 20.11.60.7 NMAC for calculating projected actual emissions,

Deviations f

rom these provisions will be ap p roved only if the department specifically demonstrates that the submitted provisions are more stringent than or at least as stringent in all respects as the corresponding provisions in Subsections A through F of 20.11.60.16 NMAC.

A. Before beginning actual construction of the project the owner or operator shall document and maintain a record of the following information; (1) a description of the project; (2) identification of the emissions unites) whose emissions of a regulated new source review pollutant could be affected by the project; and (3) a description of the applicability test used to determine that the project is not a major modification for any regulate d new source review pollutant

, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under Subparagraph (c) of Paragraph (2) of Subsection II of 20.11.60.7 NMAC and an explanation for why such amount was excluded, and any netting calculations, if applicable.

B. If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or oper ator shall provide a copy of the information set out in Paragraph (I) of Subsection F of 20.11.60.12 NMAC to the department. Nothing in Paragraph (2) of Subsection F of 20.11.60.12 NMAC shall be construed to require the owner or operator of such a unit to obtain any determination from the department; however, necessary prec onstruction approvals or permits must be obtained before beginning

actual construction.

C. The owner or operator shall monitor the emissions of any regulated new source review pollutant that could increase as a resul t of the project and that is emitted by any emissions units identified in Subparagraph (a) of Paragraph (2) of Subsection A of 20.11.60.16 NMAC; and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five

year following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated new source re view pollutant at such emissions u nit.

D. If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the department wit hin 60 days after the end of each year during which records must be generated under Subsection C of 20.11.60.16 NMAC se lling out the unit's annual emissions during the year that preceded submission of the report.

E. If the unit is an existing unit other than an electric utility steam generating unit the owner or operator shall submit a report to the department if the annual e missions, in tons per year, from the project identified in Subsection A of 20.11.60.16 NMAC, exceed the baseline actual emissions (as documented and maintained pursuant to Paragraph (3) of Subsection A of 20.11.60.16 NMAC) by a significant amount for that regulated new source review pollutant and if such emissions differ from the preconstruction projection (as

documented and maintained pursuant to Paragraph (3) of Subsection A of 20.11.60. 16 NMAC). Such report shall be submitted to the department within 60 days after the end of such year. The report shall contain the following: (1) the name. address and telephone number of the major stationary source; (2) the annual emissions as calculated pursuant to Subsection C of 20.11.60.16 NMAC; and Approve. The additional section

included l anguage consistent with

the following federal requirement s: 20.11.60.16 matches of 40 CFR 51.165(a)(6). See , 72 FR 72607 (PSD and NNSR: Reasonable Possibility in Recordkeeping). The introductory text was amended to the current language.

20.11.60.16(A) (1) through (3)

matches 40 CFR 51.165(a)(6) (i)(A) through (C)

20.11.60.16(B) through (D)

matches 40 CFR 51.165(a)(6) (ii) through (iv)

20.11.60.16(E) matches 40 CFR 51.165(a)(6) (v)

20.11.60.16(E)(1) through (3)

matches 40 CFR 51.165(a)(6) (v) ( A ) through (C)

20.11.60.16(F) matches 40 CFR 51.165(a)(6) (vi)

20.11.60.16(F)(1) through (2)

matches 40 CFR 51.165(a )(6) (vi) (A) through (B)

See , 72 FR 72607 (PSD and NNSR: Reasonable Possibility in Recordkeeping). The federal regulatory language was amended at 40 CFR 51.165(a)(6)(vi) thus, it

is reflected in 20.11.60.16(F) The change involves this SIP approved language being moved

from 20.11

. 60.12

### 57 Table A. I X: 20.11.60.16 PROVISIONS FOR PROJECTED ACTUAL EMISSIONS Analysis of Revisions to 20.11.60.1 6 NMAC

– Provisions for Projected Actual Emissions EPA’s Evaluation

(3) any other information that the owner or operator wishes to include in the report. (for example. an explanation as to why the emissions differ from the preconstruction projection),

F. A "reasonable possibility" under 20.11.60.16 NMAC occurs when the owner or operator calculates the pro ject to result in either: (1) a projected actual emissions increase of at least 50 percent of the amount that is a "significant emissions increase," as defined under Subsection NN of 20.11.60.7 NMAC (without reference to the amount that is a significant net em issions increase), for the regulated new source review pollutant; or (2) a projected actual emissions increase that. added to the amount of emissions excluded under Subparagraph (c) of Paragraph (2) of Subsection II of 20.11.60.7 NMAC sums to at least 50 perce nt of the amount that is a "significant emissions increase," as defined under Subsection NN of 20.11.60.7 NMAC (without reference to the amount that is a significant net emissions increase), for the regulated new source review pollutant; for a project for which a reasonable possibility occurs only within the meaning of Paragraph (2) of Subsection F of 20.11.60.16 NMAC and not also within the meaning of Paragraph (l) of Subsection F of 20.11.60.16 NMAC, then the provisions in Subsections B through E of 20.11 .60.16 NMAC do not apply to the project.

G. Information requests. The owner or operator of the source shall make the information required to be documented and maintained pursuant to 20.11.60.l6 NMAC available for review upon a request for inspection by the department or the general public pursuant to the requirement' contained in 40 CFR 70.4(b)(3)(viii). Approve. The additional section

included l anguage consistent with

the federal provisions

. 20.11.60.16(G) matches 40 CF R 51.165(a)( 7)



### Table A.X: 20.11.60.17 EMISSION OFFSET BASELINE Analysis of Revisions to 20.11.60.1 7 NMAC

– Emission Offset Baseline EPA’s Evaluation
New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

20.11.60.17 EMISSION OFFSET BASELINE: The baseline for determining credit for emission offsets shall be the most stringent emissions limitation pursuant to a New Mexico air quality regulation or federally enforceable permi t which is applicable and in effect at the time the application to construct is filed. If neither a state air quality regulation nor a federally enforceable permit contains an emissions limitation for the source,

the baseline shall be the actual emissions of the source from which offset credit is obtained. Where a source is subject to an emission standard established in a new source performance standard (NSPS) or a national emission standard for hazardous air pollutants (NESHAPs) and a different state imple mentation plan or permit limitation, including any emission limitation used in demonstrating Under Review

- Revisions submitted August 16, 2010,

20.11.60.17 [ EMISSION OFFSET BASELINE: ] [ The baseline for determining credit for emission offsets shall be the most stringent emissions limitation pursuant to a New Mexico air quality regulation or federally enforceabl e permit which is applicable and in effect at the time the application to construct is filed. If neither a state air quality regulation nor a federally enforceable permit contains an emissions limitation for the source,

the baseline shall be the actual emi ssions of the source from which offset credit is obtained. Where a source is subject to an emission standard established in a new source performance standard (NSPS) or a national emission standard for hazardous air pollutants (NESHAPs) and a different stat e implementation plan or permit limitation, including any emission limitation used in demonstrating reasonable further progress, the more stringent emission standard shall be used as the baseline for determining credit for emission

offsets. ] ADDITIONAL PRO VISIONS FOR EMISSIONS OF Approve. The proposed revisions

included l anguage consistent with the requirement of 40 CFR

51.165 (a) (8).

### 58 Table A.X: 20.11.60.17 EMISSION OFFSET BASELINE Analysis of Revisions to 20.11.60.1 7 NMAC

– Emission Offset Baseline EPA’s Evaluation
reasonable further progress, the more stringent emission standard shall be used as the baseline for determining credit for emission

offsets. NITROGEN OXIDES IN OZONE TRANSPORT REGIONS

AND NONATTAINMENT AREAS: The requirements of 20.11.60 NMAC applicable to major stationary sources and major modifications of volatile organic compounds shall apply to nitrogen

oxides emiss ions from major stationary sources and major modifications of nitrogen oxides in an ozone transport region or in any ozone nonattainment area, except in ozone nonattainment areas or in portions of an ozone transport region where the administrator has grant ed a NO

x waiver applying the standards set forth under Section 182(f) of the act and the waiver continues to apply.



### Table A.XI: 20.11.60.18 EMISSION OFFSETS Analysis of Revisions to 20.11.60.1 8 NMAC

– Emission Offsets EPA’s Evaluation

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

20.11.60.18 EMISSION OFFSETS: All emission offsets approved by the department shall meet the following criteria.

A. All emission reductions claimed as offset credit shall be from decreases of the same pollutant for which the offset is required.

B. All emission reductions claimed as offset credit shall occur prior to or concurrent with the start of operation of the proposed source. In addition, past reductions must have occurred later than the date upon which the area became

nonattainment in order to be creditable.

C. For the case where emission reductions claimed as offset credit occur at the source subject to 20.11.60 NMAC, such reductions shall be a condition required by a federally enforceable permit. For the case where emission reductions claimed as offset credit occur at a neighbori ng source, such

reductions shall be incorporated as modifications to pertinent federally enforceable permits held by the neighboring source.

If the neighboring source has no relevant permits, the reductions shall be approved as a revision to the state impl ementation plan by the board. Under Review

- Revisions submitted August 16, 2010,

20.11.60.18 [ EMISSION OFFSETS: ] All emission offsets approved by the department shall meet the following criteria.

A. All emission reductions claimed as offset credit shall be from

decreases of the same pollutant for which the offset is required.

B. All emission reductions claimed as offset credit shall occur prior to or concurrent with the start of operation of the proposed source. In addition, past reductions must have occurred later than the date upon whi ch the area became nonattainment in order to

be creditable.

C. For the case where emission reductions claimed as offset credit occur at the source subject to 20.11.60 NMAC, such reductions shall be a condition required by a federally enforceable permit.

For t he case where emission reductions claimed as offset credit occur at a neighboring source, such reductions shall be incorporated as modifications to pertinent federally enforceable permits held by the neighboring source. If the neighboring

source has no rel evant permits, the reductions shall be approved as a revision to the state implementation plan by the board.

D. Offset credit for any emissions reduction can be claimed only to the extent that the department or US EPA has not relied on it in The existing SIP approved language has been moved to

20.11.60.15 NMAC which is proposed in this action.

T he new language included as

“Emission Offset Ratios” at

20.11.60.18 NMAC included

detail emission offset ratios requirements in ozone non

attainment areas that are

consistent with the federal requirements

. See, 70 FR 71612 (O 3 Implementation Rule)

20.11.60.1 8 (A) matches of 40 CFR 51.165(a)( 9 ) (i)

.

20.11.60.18 (B) matches of 40 CFR 51.165(a)( 9 ) (ii)

.

20.11.60.18 (B)(1) through (5)

matches of 40 CFR 51.165(a)( 9 ) (ii)(A) through (E)

.

### 59 Table A.XI: 20.11.60.18 EMISSION OFFSETS Analysis of Revisions to 20.11.60.1 8 NMAC

– Emission Offsets EPA’s Evaluation

D. Offset credit for any emissions reduction can be claimed only to the extent that the department or US EPA has not relied on it in previously issuing any permit or in demonstrating

attainment or reasonable further progress. E. No emissions reduction credit shall be allowed for replacing one volatile organic compound with another of lesser reactivity, except as approved by the US EPA reactivity guidance found at 42 FR 353 14, (1977) and any amendments

thereto.

F. Emission reduction cre dit may be allowed consistent with the provisions found in 40 CFR 51.165(a)(3)(ii)(C).

G. Where the most stringent emissions limit which is applicable allows greater emissions than the potential to emit of the offsetting source, emission offset credit will be allowed only for control below the potential to emit of the source.

H. The emission limit for determining emission offset credit involving an existing fuel combustion source shall be the most stringent emission standard which is applicable for this source

fo r the type of fuel being burned at the time the permit application is filed. If the existing source commits to switch to a cleaner fuel, emission offset credit based on the difference

between the allowable emissions of the fuels involved shall be acceptabl e only if an alternative control measure, which would achieve the same degree of emission reduction should the

source switch back to a fuel which produces more pollution, is specified in a permit issued by the department.

I. The owner or operator desiring to utilize an emission

reduction as an offset shall submit to the department the following information: (1) a detailed description of the process to be controlled and the control technology to be used; and (2) emission calculations showing the types and amounts of

ac tual emissions to be reduced; and (3) the effective date of the reduction.

J. Source shutdowns and curtailments in production or operating hours may be used for emission offset credit only if they occur after August 7, 1977, or less than one year prior to the dat e of permit application, whichever is earlier, and the proposed new source for which the offset is to apply is a replacement for the

shutdown or curtailment. previously issuin g any permit or in demonstrating attainment or reasonable further progress.

E. No emissions reduction credit shall be allowed for replacing one volatile organic compound with another of lesser reactivity, except as approved by the US EPA reactivity guidance f ound at 42 FR 353 14, (1977) and any amendments thereto.

F. Emission reduction credit may be allowed consistent with the provisions found in 40 CFR 51.165(a)(3)(ii)(C).

G. Where the most stringent emissions limit which is applicable allows greater emissions than the potential to emit of the offsetting source, emission offset credit will be allowed only for control below the potential to emit of the source.

H. The emission limit for determining emission offset credit involving an existing fuel combustion source shall be the most stringent emission standard which is applicable for this source for the type of fuel being burned at the time the permit application is filed. If the existing source commits to switch to a cleaner fuel, emission offset credit based on the diff erence between the allowable emissions of the fuels involved shall be acceptable only if an alternative control measure, which would achieve the same degree of emission reduction should the source switch back to a fuel which produces more pollution, is spe cified in a permit issued by the department.

I. The owner or operator desiring to utilize an emission reduction as an offset shall submit to the department the following

information: (1) a detailed description of the process to be controlled and the

control technology to be used; and (2) emission calculations showing the types and amounts of actual emissions to be reduced; and (3) the effective date of the reduction.

J. Source shutdowns and curtailments in production or operating hours may be used for emission offset cr edit only if they occur after August 7, 1977, or less than one year prior to the date of permit application, whichever is earlier, and the proposed new source for which the offset is to apply is a replacement for the

shutdown or curtailment.

K. The total tonn age of increased emissions, in tons per year, resulting from a major modification that must be offset in

accordance with Section 173 of the federal Clean Air Act shall be determined by summing the difference between the allowable 20.11.60.18(C) matches of 40 CFR 51.165(a)( 9 ) (iii)

.

20.11.60.18 ( D ) matches of 40 CFR 51.165(a)( 9 ) (i v )

.

### 60 Table A.XI: 20.11.60.18 EMISSION OFFSETS Analysis of Revisions to 20.11.60.1 8 NMAC

– Emission Offsets EPA’s Evaluation

K. The total tonnage of increased emissions, in tons per year, resulting from a major modification th at must be offset in

accordance with Section 173 of the federal Clean Air Act shall be determined by summing the difference between the

allowable emissions after the modification and the actual

emissions before the modification for each emissions unit. emissions after the modifi cation and the actual emissions before

the modification for each emissions unit.

EMISSIONS OFFSET RATIOS.

A. In meeting the emissions offset requirements of 20.11.60.15 NMAC, the ratio of total actual emissions reductions to the

emissions increase shall be at least 1:1 unless an alternative ratio is provided for the applicable nonattainment area in Subsections B through D of 20.11.60.18 NMAC.

B. In meeting the emissions offset requirements of 20.11.60.15 NMAC for ozone nonattainment areas that are subject to Su bpart 2, Part D, Title I of the act, the ratio of total actual emissions

reductions of VOC to the emissions increase of VOC shall be as

follows: (1) in any marginal nonattainment area for ozone

- at least 1.1 :1; (2) in any moderate nonattainment area for ozone

- at least 1.15: 1; (3) in any serious nonattainment area for ozone

- at least 1.2: 1; (4) in any severe nonattainment area for ozone

- at least 1.3: 1 (except that the ratio may be at least 1.2: 1 if the approved plan also requires all existing major sources in such

nonat tainment area to use BACT for the control of VOC);

and (5) in any extreme nonattainment area for ozone

- at least 1.5: 1 (except that the ratio may be at least 1.2: 1 if the approved plan also requires all existing major sources in such

nonattainment area to use BACT for the control of VOC);

and

C. Notwithstanding the requirements of Subsection B of 20.11.60.18 NMAC for meeting the requirements of 20.11.60.15 NMAC, the ratio of total actual emissions reductions of VOC to

the emissions increase of VOC shall be at lea st 1.15: 1 for all areas within an ozone transport region that is subject to Subpart 2, Part D, Title I of the act, except for serious, severe and extreme ozone nonattainment areas that are subject to Subpart 2. Part D, Title I of the act.

D. In meeting the e missions offset requirements of 20.11.60.15 NMAC for ozone nonattainment areas that are subject to Subpart 1, Part D Title I of the act (but are not subject to Subpart 2, Part D. Title I of the act, including 8

- hour ozone nonattainment areas

### 61 Table A.XI: 20.11.60.18 EMISSION OFFSETS Analysis of Revisions to 20.11.60.1 8 NMAC

– Emission Offsets EPA’s Evaluation

subject to 40 CFR 51.902(b), the ratio of total actual emissions

reductions of VOC to the emissions increase of VOC shall be at

least 1:1.

### 62 Table A.XII: 20.11.60.19 PM 10 

### PRECURSORS Analysis of Revisions to 20.11.60.1 9 NMAC

– PM 10 

### Precursors EPA’s Evaluation

Under Review

- Revisions submitted August 16, 2010,

20.11.60.19 PM 10 PRECURSORS. The requirements of 20.11.60 NMAC applicable to major stationary sources and major

modifications of PM 10 shall also apply to major stationary sources and major modifications of PM 10 precursors, except where the

administrator determines that such sources do not contribute significantly to PM 10 levels that exceed the PM 10 ambient standards in the

area. Approve. The inclusion of the section

20.11.60.19 NMAC in the proposed

revision is to increase SIP’s stringency. The language addition is

consistent with 40 CFR 51.165(a)(10)

. The new language applies the nonattainment requirements to PM10

precursors at 20.11.60.18 NMAC



### Table A.XI II : 20.11.60.20 INTERPRECURSOR OFFSETTING Analysis of Revisions to 20.11.60. 20 NMAC

– Interprecursor offsetting EPA’s Evaluation

Under Review

- Revisions submitted August 16, 2010,

20.11.60.20 INTERPRECURSOR OFFSETTING. In meeting the emissions offset requirements of 20.11.60.15 NMAC a nd

Subsections A

- D of 20.11.60. 18 NMAC, the emissions offsets obtained shall be for the same regulated new source review pollutant unless interprecursor offsetting is permitted for a particular pollutant as specified in 20.11.60.20 NMAC, The offset require ments in

20.11.60.15 NMAC for direct PM 2.5 emissions or emissions of precursors of P M 2.5 may be satisfied by offsetting reductions of direct

PM 2.5 emissions or emissions of any PM 2.5 precursor identified under Paragraph (3) of Subsection JJ of 20. 11.60.7 NMAC if such offsets comply with the interprecursor trading hierarchy and ratio esta blished in the approved plan for a particular nonattainment area. Approve. The inclusion of the section 20.11.60.20 in the proposed

revision is to increase SIP’s stringency. The language addition is

consistent with 40 CFR 51.165(a)(11)(ii) to regulate PM 2. 5 and its precursors. See 73 FR 28321. EPA promulgated these requirements for PM 2.5 on May 16, 2008, in our final rule “Implementation of the New Source Review (NSR) Program for

Particulate Matter Less Than 2.5 Micrometers (PM 2.5 )”. Note this

final rule promulgated PM 2.5 precursors under Title I, Part D, Subpart I. But this decision, was vacated by the DC Circuit Court on January 4, 2013. EPA was ordered

to “ repromulgate ” our findings under Title 1, Part D, Su b part 4.

Please see a further discussion

direc tly following the evaluation of

the revisions to 20.11.60.7 NMAC for details on why EPA can act at

this time on the submitted revisions

to the Albuquerque NNSR

### 63 Table A.XI II : 20.11.60.20 INTERPRECURSOR OFFSETTING Analysis of Revisions to 20.11.60. 20 NMAC

– Interprecursor offsetting EPA’s Evaluation
Permitting Program to address

emissions of PM 2.5 and its

precursors.



### Table A.X I V: 20.11.60.2 1 APPLICATION CONTENTS Analysis of Revisions to 20.11.60. 2 1 NMAC

– Application Contents EPA’s Evaluation
New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

20.11.60.14 APPLICATION CONTENTS: Under Review

- Revisions submitted August 16, 2010,

[ 20.11.60.14 ] 20.11.60.21 APPLICATION CONTENTS: Approve. The proposed revisions are

non

- substantive renumbering.

The owner or operator of a proposed major stationary source or major modification shall submit all information necessary to perform any analysis or make any determination required under 20.11.60 NMAC. The following items are required before the department m ay deem an application administratively complete. All applicat ions shall include:

A. all information required by Subsection A of 20.11.41.13 NMAC; and

B. a detailed schedule for construction of the major stationary source or major modification; and a detailed description of the planned system of continuous emission reducti on to be implemented, emission estimates, and other information necessary to demonstrate that the lowest achievable emission rate or any other applicable emission limitation will be maintained. No revision submitted. Language provided for context

.



### Table A.XV: 20.11.60.22 TABLE S Analysis of Revisions to 20.11.60. 22 NMAC

– Tables EPA’s Evaluation

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

20.11.60.22 TABLES:

A. Significant Ambient Concentrations:

Pollutant Averaging time

Annual 24

- hr 8

- hr 3

- hr 1 hr

Sulfur

Dioxide 1.0

μg/m 3 5.0

μg/m 3 -- 25

μg/m 3 --

PM 10 1.0

μg/m 3 5.0

μg/m 3 -- -- --

Nitrogen

Dioxide 1.0

μg/m 3 -- -- -- --

Carbon

Monoxide

-- -- 0.5 mg/m 3 -- 2

mg/m 3 Under Review

- Revisions submitted August 16, 2010,

20.11.60.22 TABLES:

A. Significant Ambient Concentrations:

Pollutant Averaging time

Annual 24

- hr 8

- hr 3

- hr 1 hr

Sulfur

Dioxide 1.0

μg/m 3 5.0

μg/m 3 -- 25

μg/m 3 --

PM 10 1.0

μg/m 3 5.0

μg/m 3 -- -- --

Nitrogen

Dioxide 1.0

μg/m 3 -- -- -- --

Carbon

Monoxide

-- -- 0.5 mg/m 3 -- 2

mg/m 3 The “Significant Ambient

Concentration” table was moved to 20.11.60.12 Applicability as a part of

this action.

### 64 Table A.XV: 20.11.60.22 TABLE S Analysis of Revisions to 20.11.60. 22 NMAC

– Tables EPA’s Evaluation

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

B. Fugitive emissions source categories: (1) carbon black plants (furnace process); (2) charcoal production plants; (3) chemical process plants; (4) coal cleaning plants (with thermal dryers); (5) coke oven batteries; (6) fossil fuel

- fired steam electric plants of more than 250 million

Btu / hr heat input; (7) fossil fuel boiler (or combination thereof) totaling more than 50

million Btu / hr heat input; (8) fuel conversion plants; ( 9) glass fiber processing plants; (10) hydrofluoric acid plants; (11) iron and steel mill plants; (12) kraft pulp mills; (13) lime plants; (14) municipal incinerators capable of charging more than 250 tons of refuse per day; (15) nitric acid plants; (16) p etroleum refineries; (17) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (18) phosphate rock processing plants; (19) portland cement plant; (20) primary lead smelters; (21) primary zinc smelters; (22) primary aluminum ore reduction plants; (23) primary copper smelters; (24) secondary metal production plants; (25) sintering plants; (26) sul fu r recovery plants; (27) sul fu ric acid plants; (28) taconite ore processing plants Under Review

- Revisions submitted August 16, 2010,

B. Fugitive emissions source categories: (1) carbon black plants (furnace process); (2) charcoal production plants; (3) chemical process plants; (4) coal cleaning plants (with thermal dryers); (5) coke oven batteries; (6) fossil fuel

- fired steam electric plants of more than 250 million Btu/hr heat input; (7) fossil fuel boiler (or combination thereof) totaling more than 50 million Btu/hr heat input; (8) fuel conversion plants; (9) glass fiber processing plants; (10) hydrofluoric acid plants ; (11) iron and steel mill plants; (12) kraft pulp mills; (13) lime plants; (14) municipal incinerators capable of charging more than 250 tons of refuse per day; (15) nitric acid plants; (16) petroleum refineries; (17) petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (18) phosphate rock processing plants; (19) portland cement plant; (20) primary lead smelters; (21) primary zinc smelters; (22) primary aluminum ore reduction plants; (23) primary copper smelters; (2 4) secondary metal production plants; (25) sintering plants; (26) sulfur recovery plants; (27) sulfuric acid plants; (28) taconite ore processing plants. The “Fugitive emission source

cat e gories” listing was moved to a new created 20.11.60.14 as a part of

this action.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 Under Review

- Revisions submitted August 16, 2010, Approve. Non substantive change to the heading for clarity.

### 65 Table A.XV: 20.11.60.22 TABLE S Analysis of Revisions to 20.11.60. 22 NMAC

– Tables EPA’s Evaluation

20.11.60.15 SOURCE REQUIREMENTS: In order for a permit to be granted, all of the following conditions shall be met. [ 20.11.60.15 ] SOURCE REQUIREMENTS For Sources That Would Locate in a Designated Nonattainment Area : [ In order for a permit to be granted, all of the following

conditions shall be met. ]

Under Review

- Revisions submitted August 16, 2010,

A. Conditions for approval . If the department finds that the major stationary source or major modification would be constructed in an area designa ted in 40 CFR 81.300 et seq as nonattainment for a pollutant for which the stationary source or modification is major, approval may be granted only if the following conditions are met: Approve. The proposed revisions

included non

- substantive renumbering and substantive new provisions that is consistent with federal regulations at 40 CFR 51 Subpart AA Appendix S Emission Offset Interpretative Ruling

IV. “Sources That Would Locate In A Designated Nonattainment Area”

A. Conditions for Approval

20.11.60.22 (A) matches federal requirement at (IV)(A) Conditions for Approval. New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

A. The major stationary source or major modification shall be designed such that the lowest achievable emission rate (LAER) will be met and maintained for each pollutant emitted which is subject to 20.11.60

NMAC. Under Review

- Revisions submitted August 16, 2010,

[ A. ] (1) Condition 1

. The major stationary source or major

modification shall [ be designed such that the ] meet an emission limitation which specifies the lowest achievable emission rate (LAER) [ will be met and maintained for each pollutant emitted which is subject to 20.11.60

NMAC. ] for such source. Approve. See evaluation above. The change involves the addition of language that is consistent with federal regulations at 40 CFR 51 Subpart AA Appendix S Emission Offset Interpretative Ruling

IV. “Sources That Would Locate In A Designated Nonattainment Area” A. Conditions for Approval

20.11.60.22(1) Condition 1 matches

federal requirement at (IV)(A)

Condition 1

. New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

B. The owner or operator of the proposed new or modified source has demonstrated that all existing major stationary sources owned or operated by such person (or any entity controlling, controlled Under Review

- Revisions submitted August 16, 2010,

[ B. ] (2) Condition 2

. The [ owner or operator of the proposed new or modified source has demonstrated ] applicant must certify that all existing major stationary sources owned or operated by such person the applicant (or any entity controlling, controlled by, or under Approve. See evaluation above. The change involves the addition of language that is consistent with federal regulations at 40 CFR 51 Subpart AA Appendix S Emission Offset Interpretative Ruling

### 66 Table A.XV: 20.11.60.22 TABLE S Analysis of Revisions to 20.11.60. 22 NMAC

– Tables EPA’s Evaluation

by, or under common control with such person) in this state are in compliance with, or on a schedule for compliance, with all applicable emission limitations and standards, under the federal Clean Air Act, and all conditions in a federally enforceable permit. common control with such person the applicant ) in this

state the same state as the proposed source are in compliance with, [ or on a schedule for compliance,

with ] all applicable emission limitations and standards, under the federal Clean Air Act, [ and all conditions in a federally enforceable permit. ] ( or are in compliance with an expeditious schedule which is federally

enforceable or contained in a court decree). [ IV. “Sources That Would Locate In A Designated Nonattainment Area” A. Conditions for Approval

20.11.60.22(2) Condition 2 matches federal requirement at (IV)(A)

Condition 2.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

C. Emission Reductions: (1) Emission reductions (offsets) at existing sources shall occur prior to or concurrent with the start of operation of the proposed major stationary source or major modification for each pollutant emitted which is subject to 20.11.60 NMAC. As a general rule, such offsets shall b e at least 20 percent greater than the allowable emissions of the proposed new major stationary source or major modification, and shall assure that the total tonnage of increased emissions of the air pollutant from the new or modified source shall be offse t by an equal or greater reduction in the actual emissions of such air pollutant from the same or other sources in the area. An offset less than 20 percent, but at least 10 percent, a 1.0:1.1 ratio may be allowed if reasonable progress toward the

attainmen t of the applicable NAAQS will be achieved. A higher level of offset reduction may be required in order to demonstrate that a net air quality benefit will occur; or Under Review

- Revisions submitted August 16, 2010,

[ C. ] Emission Reductions: (1) Emission reductions (offsets) at existing sources shall occur prior to or concurrent with the start of operation of the proposed major stationary source or major modification for each pollutant emitted which is subject to 20.11.60 NMAC. As a general rule, such

off sets shall be at least 20 percent greater than the allowable emissions of the proposed new major stationary source or major modification, and shall assure that the total tonnage of increased emissions of the air pollutant from the new or modified source sh all be offset by an equal or greater reduction in the actual emissions of such air pollutant from the same or other sources in the area. An offset less than 20 percent, but at least 10 percent, a 1.0:1.1 ratio may be allowed if reasonable progress toward t he attainment of the applicable NAAQS will be achieved. A higher level of offset reduction may be required in order to demonstrate that a net air quality benefit will occur; or Approve. Non substantive change.

This change involves moving this SIP approved language to a new
subsection E “Emission Reduction” proposed with this action

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 (2) A new major stationary source or major modification which is subject to the requirements of Subsection D of 20.11.60.12 NMAC shall obtain sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where the major stationary source or major modification would

othe rwise cause or contribute to a violation of any national ambient air quality standard. Under Review

- Revisions submitted August 16, 2010,

(2) A new major stationary source or major modification which is subject to the requirements of

Subsection D of 20.11.60.12 NMAC shall obtain sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where the major stationary source or major modification would otherwise cause or contribute to a violation of any

national ambient air quality standard Approve. Non substantive change. Non substantive change. This change involves moving this SIP approved language to a new subsection E “Emission Reduction” proposed with

this action.

### 67 Table A.XV: 20.11.60.22 TABLE S Analysis of Revisions to 20.11.60. 22 NMAC

– Tables EPA’s Evaluation

Under Review

- Revisions submitted August 16, 2010,

(3) Condition 3 . Emission reductions (offsets) from existing sources in the area of the proposed source (whether or not under the same ownership) are required such that there will be reasonable progress toward attainment of the applicable NAAQS. Except as provided in 20.11.60.20 NMAC (addressing PM2.5 and its precursors).Only intra pollutant emission offsets will be acceptable (e.g.. hydrocarbon increases may not be offset against SO2 reductions). Approve. The change involves the addition of language that is consistent with federal regulations at 40 CFR 51 Subpart AA Appendix

S Emission Offset Interpretative Ruling
IV. “Sources That Would Locate In A Designated Nonattainment Area” A. Conditions for Approval

20.11.60.22(3) Condition 3 matches

federal requirement at (IV)(A)

Condition 3. New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

D. Emission offsets shall provide a net air quality benefit in the area

where the nation al ambient air quality standard for that pollutant is violated; and Under Review

- Revisions submitted August 16, 2010,

[ D

. ] (4) Condition 4

. E mission offsets shall provide a positive net air quality benefit in the affected area where

the national ambient air quality standard for that pollutant is violated . [ ; and ] Atmospheric simulation modeling is not necessary for volatile organic compounds and NOx. Fulfillment of "condition 3" at Paragraph (3) of Subsection A of 20. 11.60.22 NMAC

and "location o f offsetting emissions" requirements at Subsection B of 20.11.60.22 NMAC, will be considered adequate to meet this condition. Approve

. The change involves the addition of language that is consistent with federal regulations at 40 CFR 51 Subpart AA Appendix

S Emission Offset Interpretative Ruling
IV. “Sources That Would Locate In A Designated Nonattainment Area” A. Conditions for Approval

20.11.60.22(4) Condition 4 matches federal requirement at (IV)(A)

Condition 4.

Under Review

- Revisions submitted August 16, 2010,

B. Location of offsetting emissions. The owner or operator of a new or modified major stationary source may comply with any offset requirement in effect under 20.11.60 NMAC for increased emissions of any air pollutant only by obtaining emissi ons reductions of such air pollutant from the same source or other sources in the same nonattainment area, except that the depart ment may allow the owner or operator of a source to obtain such emissions reductions in another nonattainment area if the condi tions in Paragraph (1) and (2) of Subsection B of 20.11.60.22 NMAC are met. (1) The other area has an equal or higher nonattain m ent classification than the area in which the source is located. (2) Emissions from such other area contribute to a violation of the nat ional ambient air quality standard in the nonattain m ent area
in which the source is located. Approve. This change involves the addition of language that is consistent with federal language at CFR 51 Subpart AA Appendix S Emission Offset Interpretative Ruling
IV. “Sources That Would Locate In D. Location of Offsetting emissions

20.11.60.22 (B) and 20.11.60( B)(1) through (2) matches federal requirement at (IV)( D ) New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 Under Review

- Revisions submitted August 16, 2010, Approve

. The change involves the addition of language that is consistent with federal regul ations at

### 68 Table A.XV: 20.11.60.22 TABLE S Analysis of Revisions to 20.11.60. 22 NMAC

– Tables EPA’s Evaluation

E. The owner or operator of the proposed major stationary source or major modification has conducted an analysis of alternative sites, sizes, production processes, and environmental control techniques for such propos ed source which demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification. [ E. ] C The owner or operator of the proposed major stationary source or major modification [ has conducted ] shall conduct an analysis of alternative sites, sizes, production processes, and environmental control techniques for such proposed

source which demonstrate s that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or

modification. 40 CFR 51 Subpart AA Appendix

S Emission Offset Interpretative Ruling
IV. “Sources That Would Locate In A Designated Nonattainment Area” A. Conditions for Approval

20.11.60.22(C) matches federal requirement at (IV)(A) Condition

5.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

F. The proposed major stationary source or major modification will meet all applicable emission requirements in the New Mexico state impl ementation plan, any applicable new source performance standard in 40 CFR Part 60, and any national emission standard for hazardous air pollutants in 40 CFR Part 61. Under Review

- Revisions submitted August 16, 2010, [ F .] D The proposed major stationary source or major modification [ will ] shall meet all applicable emission requirements in the New Mexico state implementation plan, any applicable new source performance standard in 40 CFR Part 60, and any national emission standard for hazardous air pollutan ts in 40 CFR Part 61 or 40 CFR Part 63. Approve. This non

- substantive change consisting of re

- numbering due to simultaneous language

addition that are consistent with federal requirements. The additional federal requirement strengthens and

enhances the SIP. This SIP approved language is similar to federal requirements found at 40 CFR 51.165 (a)(1)((xi)(A) through (C)

with the addition of the requirement

for MACT standards.

Under Review

- Revisions submitted August 16, 2010,

E. Emission reductions: (1) Emission reductions (offsets) at existing sources shall occur prior to or concurrent with the start of operation of the proposed major stationary source or major modification for each pollutant emitted which is subject to 20.11.60 NMAC. As a gener al rule, such off sets
shall be a t least 20 percent greater than the allowable emissions of the proposed new major stationary source or major modification and shall assure that the total tonnage of increased emissions of the air pollutant from the new or modified source sha ll be offset by an equal or greater reduction in the actual emissions of such air pollutant from the same or other sources in the area. An offset less th an 20 percent, but at least 10 percent (a 1.0: 1.1 ratio, may be allowed if reasonable progress toward t he attainment of the applicable NAAOS will be achieved. A higher level of offset reduction may be required in order to demonstrate that a net air quality benefit will occur. (2) A new major stationary source or major modification which is subject to the requirements of Subsection D of 20.11.60.12 NMAC shall obtain sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where the major stationary source or major modification would otherwise cause or contribute to a violat ion of any national ambient air quality standard. Approve. Non substantive change. This change involves moving this SIP approved language from 20.11.60.22(C)(1) and (2).

20.11.60.22(E)(2) matches 40 CFR 51.165(b)(3)

### 69 Table A.XVI: 20.11.60.23 ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING MANDATORY FEDERAL CLASS I

AREAS Analysis of Revisions to 20.11.60. 23 NMAC

– Additional Requirements for Sources Impacting Mandatory

Federal Class I Areas EPA’s Evaluation

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

20.11.60.16 ADDITIONAL REQUIREMENTS FOR SOURCES

IMPACTING MANDATORY

FEDERAL CLASS I AREAS:

A. The requirements of 20.11.60.16 NMAC apply only to proposed major

s tationary sources or major modifications that meet the criteria of Paragraph (1) of Subsection A of 20.11.60.12 NMAC and that also are major stationary sources or major modifications as defined in 20.11.61 NMAC. A major stationary source or major modificat ion which meets the criteria of Paragraph (2) of Subsection A of 20.11.60.12 NMAC may be subject to requirements for federal class I areas in 20.11.61 NMAC, if applicable. Under Review

- Revisions submitted August 16, 2010,

[ 20.11.60.16 ] 20.11.60.23 ADDI TIONAL REQUIREMENTS FOR SOURCES

IMPACTING MANDATORY FEDERAL

CLASS I AREAS:

A. The requirements of 20.11.60.[ 16 ] 23 NMAC apply only to proposed major stationary sources or major modifications that meet the criteria of Paragraph (1) of Subsection A of 20.11.60.12 NMAC and that also are major stationary sources or major modifications as defined in 20.11.61 NMAC. A major stationary source or major modification which meets the criteria of Paragraph (2) of

Subsection A of 20.11.60.12 NMAC may be subject to requirements for federal class I areas in 20.11.61 NMAC, if applicable

. Approve. The proposed revisions are

non

- substant ive administrative recoding.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

B. The department shall transmit to the administrator and any affected federal land manager a copy of each permit application an d any information relevant to any proposed major stationary source or major modification which may have an impact on visibility in any mandatory federal class I area. Relevant information will include an analysis of the proposed source's anticipated impacts on visibility in the federal class I area. The application shall be transmitted within 30 days of receipt by the department and a t least 60 days prior to any public hearing on the application. Additionally, the department shall notify any affected federal land mana ger within 30 days from the date the department receives a request for a pre

- application meeting from a proposed source subject to 20.11.60 NMAC. The department shall consult with the affected federal land manager prior to making a determination of completeness for any such permit application. The department shall also provide the federal land manager and the administrato r with a copy of the preliminary determination on the permit application and shall make available to them any materials used in making that determination.

C. The owner or operator of any proposed major stationary source or major modification which may have an impact on visibility in a mandatory federal class I area shall include in the permit application an analysis of the anticipated impacts on visibility i n such

areas. D. The department may require monitoring of visibility in any mandatory federal class I area w here the department determines an adverse impact on visibility may occur due to the operations of the proposed new source or modification. Such monitoring shal l be conducted following procedures approved by the department and subject to the following condi tions: No revision submitted. Language provided for context

.

### 70 Table A.XVI: 20.11.60.23 ADDITIONAL REQUIREMENTS FOR SOURCES IMPACTING MANDATORY FEDERAL CLASS I

AREAS Analysis of Revisions to 20.11.60. 23 NMAC

– Additional Requirements for Sources Impacting Mandatory

Federal Class I Areas EPA’s Evaluation

(1) visibility monitoring methods specified by the department shall be reasonably available and not require any research and development; and (2) both preconstruction and post construction visibility monitoring may be required. In each case, the duration of such monitoring shall not exceed one year.

E. The department shall consider any analysis with respect to visibility impacts provided by the federal land manager if it is r eceived within 30 days from the date a complete application is given to the federal lan d manager. In any case where the department disagrees with the federal land manager's analysis, the department shall either explain its decision to the federal land mana ger or give notice as to where the explanation can be obtained. In the case where the d epartment disagrees with the federal land manager's analysis, the department will also explain its decision or give notice to the public by means of an advertisement i n a newspaper of general circulation in the area in which the proposed source would be co nstructed as to where the decision can be

obtained.

F. In making its determination as to whether or not to issue a permit, the department shall ensure that the source's emissions w ill be consistent with making reasonable progress toward the national visibility goal of preventing any future impairment of visibility in mandatory federal class I areas. The department may take into account the costs of compliance, the time necessary for complia nce, the energy and non

- air quality environmental impacts of c ompliance, and the useful life of the source.



### Table A.XVII: 20.11.60.24 BANKING OF EMISSION REDUCTION Analysis of Revisions to 20.11.60. 24 NMAC

– Banking of Emission Reduction EPA’s Evaluation

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

20.11.60.19 BANKING OF EMISSION REDUCTION: Under Review

- Revisions submitted August 16, 2010,

[ 20.11.60.19 ] 20.11.60.24 BANKING OF

EMISSION REDUCTION: Approve. Proposed change is non

substantive

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

A. Any stationary source which decreases actual emissions of a regulated new source review pollutant in excess of the requirements

of 20 .11. 60 NMAC or any other applicable air quality regulation or permit emission limitation may preserve or bank such excess

emission reductions for sale or future use. B. The owner or operator desiring to preserve such reductions shall submit a written request prior to the actual emission reduct ion to the department which contains the following information: (1) a detailed description of the process(es) to be controlled and the control technology to be used; and (2) emission calculations showing the types and amounts of actual emissions to be reduced; and (3) the effective date(s) of such reductions.

C. The department shall: No revision submitted. Language provided for context

.

### 71 Table A.XVII: 20.11.60.24 BANKING OF EMISSION REDUCTION Analysis of Revisions to 20.11.60. 24 NMAC

– Banking of Emission Reduction EPA’s Evaluation

(1) verify the amount of emission reduction claimed in the writte n request; and (2) approve or deny the request for banking of the emission reduction and notify the applicant in writing of the decision; and (3) keep appropriate records of any emission reduction accepted for banking; and (4) for the case where emission reductions ar e approved in excess of those required for obtaining a permit under 20.11.60 NMAC, the department shall make such reductions a condition of the permit; and (5) for the case where emission reductions are approved not in conjunction with granting a permit, the d epartment shall preserve such reductions as a state implementation plan revision which must be approved by the board.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

D. Use and Sale of Emission Reductions. (1) The use of any preserved emission reduction is confined to meeting the emission offset requirements of 20.11.60 NMAC or 20.11.41

NMAC. (2) The provisions of 20.11.60 NMAC apply to the future use of any preserved emission reduction as if such reductions were obtained concurrently with the commencement of operations of the new or

modified source. (3) Before the use or sale of any preserved emission reduction occurs,

written noti fication must be given to the department. Such notice shall be in writing and shall identify the permit(s) and state implementation plan revision(s) in which such reductions are preserved. The department must verify the availability of the preserved reduct ion before any use or sale occurs. (4) The use of preserved emission reduction credits is subject to the criteria of 20.11.60.18 NMAC, Emission Offsets. Under Review

- Revisions submitted August 16, 2010,

D. Use and Sale of Emission Reductions. (1) The use of any preserved emission reduction is confined to meeting the emission offset requirements of 20.11.60 NMAC or 20.11.41

NMAC. (2) The provisions of 20.11.60 NMAC apply to the future use of any preserved emission

reduction as if such reductions were obtained

concurre ntly with the commencement of operations of the new or modified source. (3) Before the use or sale of any preserved emission reduction occurs, written notification must be given to the department. Such notice shall be in writing and shall identify the permit(s ) and state implementation plan revision(s) in which such reductions are preserved. The department must verify the availability of the preserved reduction before any use or sale occurs. (4) The use of preserved emission reduction credits is subject to the crit eria of [ 20.11.60.18 NMAC, Emission Offsets ] 20.11.60 NMAC

. Approve. The proposed revisions are

non

- substantive administrative recoding

. The SIP approved language that was previously located in 20.11

60.18 is now locate in 20.11

. 60

. 15

. Highlighted some places where 20.11.60.18 is replaced with

60.11.60.15.



### Table A.XI II : 20.11.60.25 AIR QUALITY BENEFIT Analysis of Revisions to 20.11.60. 25 NMAC

– Air Quality Benefit EPA’s Evaluation
New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 Under Review

- Revisions submitted August 16, 2010,

[ 20.11.60.20 ] 20.11.60.25 AIR QUALITY BENEFIT: Approve. The proposed revision is

non

- substantive administrative recoding.

### 72 Table A.XI II : 20.11.60.25 AIR QUALITY BENEFIT Analysis of Revisions to 20.11.60. 25 NMAC

– Air Quality Benefit EPA’s Evaluation

20.11.60.20 AIR QUALITY BENEFIT:

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

All demonstrations of the occurrence of a net air quality benefit shall meet the following criteria.

A. Emission offsets for volatile organic compounds or nitrogen oxides emissions impacting an ozone nonattainment area may be obtained from sources located in the broad vicinity of the proposed new source or modification, subject to app roval by the department. Atmospheric dispersion modeling will not be required to demonstrate the net air quality benefit that occurs due t o reductions in volatile organic compound emissions.

B. An applicant which proposes emission offsets for sulfur dioxide, particulate matter, carbon monoxide, nitrogen oxides, or any other pollutant may be required by the department to submit atmospheric dispersion modeling to demonstrate a net air quality benefi t will occur. For any case involving these pollutants where stac k emissions and fugitive or ground level emissions are offsetting, atmospheric dispersion modeling shall be required to demonstrate a net air quality benefit will occur. ” No revision submitted. Language provided for context

.



### Table A.X I X: 20.11.60.26 PUBLIC PARTICIPATION AND NOTIFICATION Analysis of Revisions to 20.11.60. 26 NMAC

– Public Participation and Notification EPA’s Evaluation

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

20.11.60.21 PUBLIC PARTICIPATION AND NOTIFICATION: Under Review

- Revisions submitted August 16, 2010,

[ 20.11.60.21 ] 20.11.60.26 PUBLIC PARTICIPATION AND

NOTIFICATION: Approve. The proposed

revision is non

- substantive administrative recoding.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 1 4,

2005

A. The department shall, within 30 days after its receipt of an application for a permit or significant permit revision subject to 20.11.60 NMAC, review such application and determine whether it is administratively complete. If the application is deemed: (1) administratively complete, a letter to that effect shall be sent by certified mail to the applicant; (2) administratively incomplete, a letter shall be sent by certified mail to the applicant stating what additional information or points of clarification are necessary to deem the application administratively complete; upon receipt of the add itional information or clarification, the department shall promptly review such information and determine whether the application is administrativel y complete; (3) administratively complete but no permit is required, a letter shall be sent by certified mail to the applicant informing the applicant of

the determination.

B. The department shall: (1) Make a preliminary determination whether construction should be approved, approved with conditions, or disapproved. (2) Make available at the department, district and local offi ce nearest to the proposed source a copy of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making th e preliminary determination. No revision submitted. Language provided for context

.

### 73 Table A.X I X: 20.11.60.26 PUBLIC PARTICIPATION AND NOTIFICATION Analysis of Revisions to 20.11.60. 26 NMAC

– Public Participation and Notification EPA’s Evaluation

(3) Notify the public by advertise ment in a newspaper of general circulation in the area in which the proposed major stationary source or major modification would be constructed, of the application, the preliminary determination, and of the opportunity for commen t at a public hearing as we ll as written public comment. The public comment period shall be for 45 days from the date of such

advertisement. (4) Send a copy of the notice of public comment to the applicant, the administrator, and to officials and agencies having jurisdi ction over

the lo cation where the proposed construction would occur as follows: any other state or local air pollution control agencies, the c hief executives of the city and county where the source would be located, any regional comprehensive land use planning agency, and any state, federal land manager, or I ndian governing body whose lands may be affected by emissions from the source or modification. (5) Provide opportunity for a public hearing for interested persons to appear and submit written or oral comments on the air qua lity impact of the source and other appropriate considerations. Public hearings shall be held in the geographic area likely to be impacted by the source. (6) Consider all written comments submitted within a time specified in the notice of public comment and al l comments received at any public hearing(s) in making a final decision on the approvability of the application. The department shall make all comments available for public inspection in the same locations where the department made available preconstructio n information relating to the

source. (7) Within 90 days after the application is deemed administratively complete, unless the director grants an extension, not to exc eed 90 days for good cause: (a) make a final determination whether construction should be approve d, approved with conditions, or disapproved, or whether no permit is required; and (b) notify the applicant in writing of the final determination and make such notification available for public inspection at the same location where the department made availab le preconstruction information and public comments relating to the source.



### Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

20.11.60.23 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALS) Under Review

- Revisions submitted August 16, 2010,

[ 20.11.60.23 ] 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALS) Approve. The proposed

revisions are non

- substa ntive administrative recoding.

Citations revised as a result of simultaneous formatting changes in other provisions of

Part 60. New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

A. Applicability. (1) The depar tment may approve the use of an actuals PAL for any existing major stationary source (except as provided in Paragraph (2) of Subsection A of 20.11.60.23 NMAC) if the PAL meets the requirements of 20.11.60.23 NMAC. The Under Review

- Revisions submitted August 16, 2010,

A. Applicability. (1) The department may approve the use of an actuals PAL for any existing major stationary source (except as provided in Paragraph (2) of Subsection A of [ 20.11.60.23 NMAC ]

20.11.60.27 NMAC ) if the PAL meets the requirements of
[ 20.11.60.23 NMAC ] 20.11.60.27 NMAC . The term "PAL" Approve. Changes throughout this changes are consistent with federal language

.

20.11.60.27(A)(1) matches 40

CFR 51.165(f) (1) (i)

20.11.60.27(A)(2) matches 40

CFR 51.165(f) (1) (ii)

### 74 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

term "PAL" shall mean "actuals PAL" th roughout

20.11.60.23 NMAC. (2) Actuals PALS shall not be allowed for VOC or NOx for any major stationary source located in an extreme ozone

nonattainment area. (3) Any physical change in or change in the method of operation of a major stationary source that mainta ins its total

source

- wide emissions below the PAL level, meets the requirements of 20.11.60.23 NMAC, and complies with the PAL permit: (a) is not a major modification for the PAL pollutant; (b) does not have to be approved through the requirements of

20.11.60 NMAC; and (c) is not subject to the provisions in 20.11.60.13 NMAC (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the nonattainment major new source review program). (4) Except as provided under Subparagraph (c) of Paragraph (3) of Subsection A of 20.11.60.23 NMAC, a major stationary source shall continue to comply with all applicable federal or state requirements, emission limitations, and work practice requirements that were established p rior to the

effective date of the PAL. shall mean "actuals PAL" throughout [ 20.11.60.23 NMAC ]

20.11.60.27 NMAC

. (2) An Actuals [ PALS shall not be allowed ] PAL for VOC o r NOx shall not be allowed for any major stationary source

located in an extreme ozone nonattainment area. (3) Any physical change in or change in the method of operation of a major stationary source that maintains its total source

wide emissions below the PAL level, meets the requirements of [ 20.11.60.23 NMAC ] 20.11.60.27 NMAC , and complies with the PAL permit: (a) is not a major modification for the PAL pollutant; (b) does not have to be approved through the requirements of 20.11.60 NMAC; and (c) is not subject to the pr ovisions in [ 20.11.60.13 ] Subsection

A of 20.11.60.13 NMAC (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the nonattainment major new source review program). (4) Except as provided under Subparagraph (c) of Paragraph (3) of Subsection A of [ 20.11.60.23 NMAC ] 20.11.60.27

NMAC , a major stationary source shall continue to comply with all applicable federal or state requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL. 20.11.60.27(A)( 3)(a) through (c) matches 40 CFR 51.165(f) (1) (iii)(A) through (C)

20.11.60.27(A)(4) matches 40

CFR 51.165(f) (1)(iv)

### 75 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

B. Definitions. When a term is not defined in Subsection B of 20.11.60.23 NMAC, it shall have the meaning given in

20.11.60.7 NMAC or in 20.11.1 NMAC. (1) Actuals PAL for a major stationary source means a PAL

based on the baseline actual emissions of all emissions units at the source that emit or have the potential to emit the PAL pollutant. (2) Allowable emissions means "allowable emissions" as defined in Subsection D of 20.11.60.7 NMAC, except as

thi s definition is modified according to the following. (a) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit. (b) An emissions unit's potential to emit shall be determined using the definition in Subsection EE of 20.11.60.7 NMAC, except that the words "or enforceable as a practical matter" should be added after "federally enforceable". (3) Small emissions unit means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined

in Subsection MM of 20.11.60.7 NMAC or in the federal Clean Air Act, whichever is lower. (4) Major emissions unit means: (a) A ny emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or (b) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than

th e major source threshold for the PAL pollutant as defined by the federal Clean Air Act for nonattainment areas. For example, in accordance with the definition of major stationary source in Section 182 (c) of the federal Clean Air Act, an emissions unit wou ld be a major emissions unit for

VOC if the emissions unit is locate d in a serious ozone

nonattainm ent area and it emits or has the potential to emit 50 or more tons of VOC per year. Under Review

- Revisions submitted August 16, 2010,

B. Definitions. When a term is not defined in Subsection B of
[ 20.11.60.23 NMAC ] 20.11.60.27 NMAC , it shall have the meaning given in 20.11.60.7 NMAC or in 20.11.1 NMAC. (1) Actuals PAL for a major stationary source means a PAL based on the baseline actual emissions of all

emissions units at the source that emit or have the potential to emit the PAL pollutant. (2) Allowable emissions means "allowable emissions" as defined in Subsection D of 20.11.60.7 NMAC, except as

thi s definition is modified according to [ the following ] Subparagraph (a) and (b) of Paragraph (2) of Subsection 

### B of

20.11.60.27 NMAC. (a) The allowable emissions for any emissions unit shall be calculated considering any emission limitations

that are enforceabl e as a practical matter on the emissions unit's potential to emit. (b) An emissions unit's potential to emit shall be determined using the definition in Subsection EE of 20.11.60.7 NMAC, except that the words "or enforceable as a practical matter" should be ad ded after "federally enforceable". (3) Small emissions unit means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in Subsection MM of 20.11.60.7

NMAC or in the federal Clean Air Act, whichever is

lower. (4) Major emissions unit means: (a) Any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or (b) Any emissions unit that emits or has the pote ntial to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the federal Clean Air Act for nonattainment areas. For example, in accordance with the definition of major stationa ry source in Section 182 (c) of the federal Clean Air Act, an emissions unit would be a major Approve. Citations revised as a

result of simultaneous formatting changes in other provisions of Part 60.

20.11.60.27( B)(1) through (11)

matches 40 CFR 51.165(f) (2 )( i ) through (xi)

### 76 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

(5) Plantwide applicability limitation (PAL) means an emission limitation exp ressed in tons per year, for a pollutant at a major stationary source that is enforceable as a practical matter and established source

- wide in accordance

with 20.11.60.23 NMAC. (6) PAL effective date generally means the date of issuance of the PAL permit. Howe ver, the PAL effective date for an increased PAL is the date any emissions unit which is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. (7) PAL effective period means the period beginning with the

PAL effective dat e and ending 10 years later. (8) PAL major modification means, notwithstanding the definitions for major modification and net emissions increase in 20.11.60.7 NMAC, any physical change in or change in the method of operation of the PAL source that

causes it to emit the PAL pollutant at a level equal to or greater than the PAL. (9) PAL permit means the minor NSR permit, major NSR permit under the requirements of 20.11.41 NMAC, 20.11.60 NMAC, and 20.11.61 NMAC, or the state title V permit under the requirements of 20 .11.42 issued by the department that establishes a PAL for a major stationary source. (10) PAL pollutant means the pollutant for which a PAL is established at a major stationary source. (11) Significant emissions unit means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in Subsection MM of 20.11.60.7 NMAC or in the federal Clean Air Act, whichever is lower) for th at PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in Paragraph (4) of

Subsection B of 20.11.60.23 NMAC

. emissions unit for VOC if the emissions unit is locate d in

a serious ozone nonattainm ent area and it emits or has the potential to emit 50 or more tons of VOC per year. (5) Plantwide applicability limitation (PAL) means an emission limitation expressed in tons per year, for a pollutant at a major stationary source that is enforceable as a practical matter and established source

- wide in accordance with[ 20.11.60.23 NMAC ] 20.11.60.27 NMAC

. (6) PAL effective date generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit which is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. (7) PAL effective period means the period beginning with the PAL effective date and ending 10 years later. (8) PAL major modification means, notwithstanding the definitions for major modification and net emissions

increase in 20.11.60.7 NM AC, any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL. (9) PAL permit means the minor NSR permit or operating permit issued by the department , majo r NSR permit under the requirements of 20.11.41 NMAC, 20.11.60 NMAC, [ and ] or 20.11.61 NMAC, or the [ state] title V permit issued by the department under the requirements of 20.11.42 [ issued by the department ] that establishes a PAL for a major stationary source. (10) PAL pollutant means the pollutant for which a PAL is established at a major stationary source. (11) Significant emissions unit means an emissions unit that emits or has the potential to emit a PAL polluta nt in an amount that is equal to or greater than the significant level (as defined in Subsection MM of 20.11.60.7 NMAC or in the federal Clean Air Act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the

unit as a ma

jor emissions unit as defined in Paragraph (4)

of Subsection B of [ 20.11.60.23 NMAC ] 20.11.60.27

NMAC

.

### 77 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

C. Permit application requirements. As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the department for approval: (1) A list of all emissions units at the source designated as small, significant or maj or based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state applicable requirements, emission limitations or work practices apply to each unit. (2) Calculations of the baseline actual emi ssions with supporting

documentation. Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown and

malfunction. (3) The calculation procedures that the major station ary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based

on a 12

- month rolling total for each month as required by Paragraph (1) of Subsection M of 20.11.60.23 NMAC. Under Review

- R evisions submitted August 16, 2010,

C. Permit application requirements. As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the department for approval: (1) A list of all emissions units at the source designated as small, significant or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state applicable requirements, emission limitations or work practices apply to each unit. (2) Calculations of the baseline actual emissions with supporting documentation. Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup,

shutd own and malfunction. (3) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual

emissions based on a 12

- month rolling total for each month as required by Paragraph (1) of Subsection M of [ 20.11.60.23 NMAC ] 20.11.60.27 NMAC. Approve. Citations revised as a

result of simultaneous formatting changes in other provisions of Part 60.

20.11.60.27( C )( 1 ) through (3)

matches 40 CFR 51.165(f) ( 3) ( i) through (iii)

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

D. General requirements for establishing PALS. (1) A PAL at a major stationary source may be allowed by the department, provided that at a minimum, the following requirements are met. (a) The PAL shall impose an annual emission limitation in tons per year that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period af

ter the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12

- month ave rage, rolled monthly). For each month during the first 1 1 months from the PAL effective date, the major stationary source owner or Under Review

- Revisions submitted August 16, 2010,

D. General requirements for establishing PALS. (1) A PAL at a major stationary source may be [ allowed]

established by the department, provided that at a minimum, the following requirements are met. (a) The PAL shall impose an annual emission limitation in tons per year that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions

from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12

- month average, rolled monthly). For each month during the first 1 1 months from the PAL effective date, the major Approve. Citations revised as a

result of simultaneous formatting changes in other provisions of Part 60.

20.11.60.27( D )( 1)(a) through (g ) to matches 40 CFR 51.165(f) (4) (i) (A ) through ( G )

20.11.60.27(D)(2) matches 40

CFR 51.165(f) ( 4 ) (ii)

### 78 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

operator shall show that the sum of the preceding monthly

emissions from the PAL effective date for each emissions unit

unde r the PAL is less than the PAL. (b) The PAL shall be established in a PAL permit that meets the public participation requirements in Subsection E of

20.11.60.23 NMAC. (c) The PAL permit shall contain all the requirements of

Subsection G of 20.11.60.23 NMAC. (d) The PA L shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary

source. (e) Each PAL shall regulate emissions of only one pollutant. (f) Each PAL shall have a PAL effective period of 10 years. (g) The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in Subsection L through N of

20.11.60.23 NMAC for each emissions unit under the PAL through the PAL effective period. (2) At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant, which occur during the PAL effective period, creditable as decreases for purposes

of offsets under 20.11.60.1 8 NMAC unless the level of the PAL is reduced by the amount of such emissions reductions

and such reductions would be creditable in the absence of the

PAL. stationary source owner or operator shall show that the

sum of the preceding monthly emissions from the PAL

effective date for each emissions unit under the PAL is

less than the PAL. (b) The PAL shall be established in a PAL permit that meets the public participation requirements in Subsection E of [ 20.11.60.23 NMAC ] 20. 11.60.27 NMAC. (c) The PAL permit shall contain all the requirements of Subsection G of [ 20.11.60.23 NMAC ] 20.11.60.27

NMAC. (d) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary

source. (e) Each PAL shall regulate emissions of only one pollutant. (f) Each PAL shall have a PAL effective period of 10 years. (g) The owner or operator of the major stationary source with a PAL shall comply with the monitor ing, recordkeeping, and reporting requirements provided in Subsection L through N of [ 20.11.60.23 NMAC ] 20.11.60.27 NMAC for each emissions unit under the PAL through the PAL effective period. (2) At no time (during or after the PAL effective period) are

emiss ions reductions of a PAL pollutant, which occur during the PAL effective period, creditable as decreases for purposes of offsets under [ 20.11.60.18 NMAC ]

Subsection B of 20.11.60.15 NMAC unless the level of the PAL is reduced by the amount of such emission s reductions and such reductions would be creditable in the

absence of the PAL.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 1 4,

2005

E. Public participation requirement for PALs. PALs for existing major stationary sources shall be established, renewed, or increased through a procedure that is consistent with 40 CFR 51.160 and 161. This includes the requirement that the department provide the public with notice of the proposed appr oval of a PAL permit and at least a 30

- day period for submittal of public comment. The department shall address all material comments before taking final action on the permit. No revision submitted. Language provided for context

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

F. Setting the 10

- year actuals PAL level. Under Review

- Revisions submitted August 16, 2010

,

F. Setting the 10

- year actuals PAL level. Approve. Citations revised as a

result of simultaneous formatting changes in other provisions of Part 60.

### 79 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

(1) Except as provided in Paragraph (2) of Subsection F of 20.11.60.23 NMAC, the actuals PAL level for a major

s tationary source shall be established as the sum of the baseline actual emissions (as defined in 20.11.60.7 NMAC) of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant und er Subsection UU of 20.11.60.23 NMAC or under the federal Clean Air Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only

one consecutive 24

- month period must be used to determine

the baseline actual emissions for all existing emissions units. However, a different consecutive 24

- month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24

- month period must be subtracted from the PAL level. The

d epartment shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable federal or state regulatory requirement(s) that the department is aware of prior to issuance of the PAL per mit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm NOx to a new rule limit of 30 ppm, then the permit shall

contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s). (2) For newly constructed units (which do not include modifications to existing units) on which actual construction began after the 24

- month period, in lieu of a dding the baseline actual emissions as specified in Paragraph (1) of Subsection F of 20.11.60.23 NMAC, the emissions must be added to the PAL level in an amount equal to the potential to emit of the

units. (1) Except as provided in Paragraph (2) of Subsection F of
[ 20.11.60.23 NMAC ] 20.11.60.27 NMAC , the actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions (as defined in 20.11.60.7 NMAC) of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under Subsection UU of [ 20.11.60.23 NMAC ]

20.11.60.27 NMAC or under the federal Clean Air Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24

- month period must be used to determine the baseline actual emissions for all existing emissions units. However, a

different consecutive 24

- month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24

- month period must be subtracted from the PAL level. The department shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable federal or state regulatory requirement(s) that the department is aware of prior to issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce

emissions from industrial boilers in half from baseline emissions of 60 ppm NOx to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original base line emissions of such unit(s). (2) For newly constructed units (which do not include modifications to existing units) on which actual construction began after the 24

- month period, in lieu of adding the baseline actual emissions as specified in Paragraph (1) o f Subsection F of [ 20.11.60.23 NMAC ]

20.11.60.27 NMAC , the emissions must be added to the PAL level in an amount equal to the potential to emit of

the units. 20.11.60.27( F) ( 1) through (2)

matches 40 CFR 51.165(f) ( 6 ) (i) through (6) (i i )

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 Under Review

- Revisions submitted August 16, 2010, App rove. Citations revised as a

result of simultaneous formatting changes in other provisions of Part 60.

### 80 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

G. Contents of the PAL permit. The PAL permit shall contain, at a minimum, all of the following information. (1) The PAL pollutant and the applicable source

- wide emission limitation in tons per year. (2) The PAL permit effective date and the expiration date of the PAL (PAL effective period). (3) Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL in

accordance with Subsection J of 20.11.60.23 NMAC before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL e ffective period. It shall remain in effect until a revised PAL permit is issued by the department. (4) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and

malfunctions. (5) A requirement that, once the PA L expires, the major stationary source is subject to the requirements of Subsection I

of 20.11.60.23 NMAC. (6) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions an d annual emissions based on a

12

- month rolling total for each month as required by Paragraph (1) of Subsection M of 20.11.60.23 NMAC. (7) A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provis ions under Subsection L of 20.11.60.23 MAC. (8) A requirement to retain the records required under Subsection M of 20.11.60.23 NMAC on site. Such records may be

retained in an electronic format. (9) A requirement to submit the reports required under Subsection

N o f 20.11.60.23 NMAC by the required deadlines. (10) Any other requirements that the department deems necessary to implement and enforce the PAL. G. Contents of the PAL permit. The PAL permit shall contain, at a minimum, all of the following information. (1) The PAL pollutant and the applicable source

- wide emission limitation in tons per year. (2) The PAL permit effective date and the expiration date of the PAL (PAL effective period). (3) S pecification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL in accordance with Subsection J of [ 20.11.60.23 NMAC ]

20.11.60.27 NMAC before the end of the PAL effective period, then the PAL shall not expire at th e end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the department. (4) A requirement that emission calculations for compliance purposes include emissions from startups, shutdowns and

malfunctions. (5) A requirement that, once the PAL expires, the major stationary source is subject to the requirements of Subsection I of [ 20.11.60.23 NMAC ] 20.11.60.27 NMAC

. (6) The calculation procedures that the major stationary source owner or operator shall use to convert the

monitorin g system data to monthly emissions and annual

emissions based on a 12

- month rolling total for each month as required by Paragraph (1) of Subsection M of
[ 20.11.60.23 NMAC ] 20.11.60.27 NMAC

. (7) A requirement that the major stationary source owner or

operator m onitor all emissions units in accordance with the provisions under Subsection L of [ 20.11.60.23

NMAC ] 20.11.60.27 NMAC

. (8) A requirement to retain the records required under Subsection M of [ 20.11.60.23 NMAC ] 20.11.60.27

NMAC on site. Such records may be reta ined in an

electronic format. (9) A requirement to submit the reports required under Subsection N of [ 20.11.60.23 NMAC ] 20.11.60.27

NMAC by the required deadlines. (10) Any other requirements that the department deems necessary to implement and enforce the PAL. 20.11.60.27(G)(1) through (10)

matches 40 CFR 51.165(f) (7)(i) through (x)

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 Under Review

- Revisions submitted August 16, 2010,

H. PAL effective period and reopening of the PAL permit. Approve. Citations revised as a

result of simultaneous

### 81 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

H. PAL effective period and reopening of the PAL permit. (1) PAL effective period. The permit shall specify a PAL effective period of 10 years. (2) Reopening of the PAL permit. (a) During the PAL effective period, the department shall reopen the PAL permit to correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL; reduce the PAL if the owner or operator of the major sta tionary

source creates creditable emissions reductions for use as offsets under 20.11.60.18 NMAC; or revise the PAL to reflect an increase in the PAL as provided under Subsection K of

20.11.60.23 NMAC. (b) The department may reopen the PAL permit to reduce the PAL to reflect newly applicable federal requirements (for example, NSPS) with compliance dates after the PAL effective date; to reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the department may im pose on the major stationary source under this Part; or to reduce the PAL if the department determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related v alue that has been identified for a federal class I area by a federal land manager and for which information is available to the general public. (c) Except for the permit reopening in Subparagraph (a) of Paragraph (2) of Subsection H of 20.11.60.23 NMAC for th e correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements

of Subsection E of 20.11.60.23 NMAC. (1) PAL effective period. The permit shall specify a PAL effective period of 10 years. (2) Reopening of the PAL permit. (a) During the PAL effective period, the department shall reopen the PAL permit to: (i) correct typographical/calculation errors made in setting

the PAL or reflect a more accurate determination of emissions used to establish the PAL; (ii) reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions

for use as offsets under [ 20.11.60.18 NMAC] 20.11.60.15

NMAC ; or (iii) revise the PAL to reflect an increase in the PAL as provided under Subsection K of [ 20.11.60.23 NMAC ]

20.11.60.27 NMAC

. (b) The department may reopen the PAL permit to: (i) reduce the PAL to reflect newly applicable federal requirements (for example, NSPS) with compliance dates after the PAL effective date; (ii) to reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the department may impose on the major stationary source under [ this Part ] 20.11.60 NMAC ; or (iii) to reduce the PAL if the department determines that a reduction is necessary to avoid c ausing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related value that has been identified for a federal class I area by a federal land manager and for which information is available to the general public

. (c) Except for the permit reopening in Subparagraph (a) of Paragraph (2) of Subsection H of [ 20.11.60.23 NMAC ]

20.11.60.27 NMAC for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements of Subsection E of [ 20.11.60.23 NMAC ] 20.11.60.27

NMAC

. formatting changes in other provisions of Part 60.

20.11.60.27(H)(1) through (2)

matches 40 CFR 51.165(f) (8)(1) through (2)

20.11.60.27(H)( 2 ) (a)(i) through (iii) matches 40 CFR 51.165(f) ( 8 )( ii ) (A)(1) through (3)

20.11.60.27(H)(2)(b)(i) through (iii) matches 40 CFR 51.165(f) (8)(ii)(B)(1) through (3)

20.11.60.27(H)(2)(c) matches

40 CFR 51.165(f) (8)(ii)(C)

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005 Under Review

- Revisions submitted August 16, 2010, Approve. Citations revised as a

result of simultaneous

### 82 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

I. Expiration of a PAL. Any PAL which is not renewed in

accordance with the procedures in Subsection J of 20.11.60.23 NMAC shall expire at the end of the PAL effective period, and the following requirements shall apply. (1) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the following procedures. (a) Within the time frame specified for PAL renewals in Paragraph (2) of Subsection J of 20.11.60.23 NMAC, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a di stribution is more appropriate as decided by the department) by distributing the PAL allowable emissions for the major stationary source among each of the

emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable re quirement that became effective during the PAL effective period, as required under Paragraph ( 5 ) of Subsection J of 20.11.60.23 NMAC,

such distribution shall be made as if the PAL had been adjusted. (b) The department shall decide whether and how the PAL

all owable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the department determines is appropriate. (2) Each emissions unit(s) shall comply with the allowable

em ission limitation on a 12

- month rolling basis. The department may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the

allowable emission limitation. (3) Until th e department issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under Subparagraph (a) of Paragraph (1) of Subsection I of 20.11.60.23 NMAC, the source shall continue to comply wi th a source

- wide, multi

- unit emissions cap equivalent to the level of the PAL emission

limitation. (4) Any physical change or change in the method of operation at the major stationary source will be subject to the I. Expiration of a PAL. Any PAL which is not renewed in accordance with the procedures in Subsection J of
[ 20.11.60.23 NMAC ] 20.11.60.27 NMAC shall ex pire at the end of the PAL effective period, and the following requirements shall apply. (1) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit

established according to the following procedures. (a) Within the time frame specified for PAL renewals in Paragraph (2) of Subsection J of [ 20.11.60.23 NMAC ]

20.11.60.27 NMAC , the major stationary source shall submit a proposed allowable emission limitation for each

emi ssions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the department) by distributing the PAL allowable emissions for the major stationary source among each of the

emissions units that existed under the PAL . If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under Paragraph ( 5 ) of Subsection J of
[ 20.11.60.23 NMAC ] 20.11.60.27 NMAC , such

distribution shall be made as if the PAL had been adjusted. (b) The department shall decide whether and how the PAL

allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the department

determ ines is appropriate. (2) Each emissions unit(s) shall comply with the allowable

emission limitation on a 12

- month rolling basis. The department may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with

the allowable emission limitation. (3) Until the department issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under Subparagraph (a) of Paragraph (1) of Subsection I of
[ 20.11.60.23 NMAC ] 20.11.60.27 NMAC , the source shall continue to comply with a source

- wide, multi

- unit formatting changes in other

p rovisions of Part 60.

20.11.60.27(I) matches 40 CFR 51.165(f) (9)

20.11.60.27(I)(1) matches 40

CFR 51.165(f) (9)(i)

20.11.60.27(I)(1)(a) through (b)

matches 40 CFR 51.165(f) (9)(A) through (B)

20.11.60.27(I)(2) through (5)

matches 40 CFR 51.165(f) (9)(ii) through (v)

### 83 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

nonattainment major new source review requirem ents if such change meets the definition of major modification in

20.11.60.7 NMAC. (5) The major stationary source owner or operator shall continue to comply with any New Mexico or federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to 20.11.60.12 NMAC, but were eliminated by the PAL in accordance with the provisions in Subparagraph (c) o f Paragraph (3) of Subsection A of

20.11.60.23 NMAC. emissions cap equivalent to the level of the PAL emission

limitation. (4) Any physical change or change in the method of operation

at the major stationary source will be subject to the nonattainment major new source review requirements if such change meets the definition of major modification in

20.11.60.7 NMAC. (5) The major stationary source owner or operator shall continue to comply with any New Mexico or federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to

20.11. 60.12 NMAC, but were eliminated by the PAL in accordance with the provisions in Subparagraph (c) of Paragraph (3) of Subsection A of [ 20.11.60.23 NMAC ]

20.11.60.27 NMAC

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

J. Renewal of a PAL. (1) The department shall follow the procedures specified in

Subsection E of 20.11.60.23 NMAC in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may

propose a PAL level for the source for consideration by the department. (2) Application deadline. A major stationary source owner or operator shall submit a timely application to the department to request renewal of a PAL. A timely application is one that is

submitte d at least six months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stati onary source submits a complete application to renew the PAL within this time period, then the PAL shall Under Review

- Revisions submitted August 16, 2010,

J. Renewal of a PAL. (1) The depar tment shall follow the procedures specified in Subsection E of [ 20.11.60.23 NMAC ] 20.11.60.27

NMAC in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the department. (2) Application deadline . A major stationary source owner or operator shall submit a timely appli cation to the department to request renewal of a PAL. A timely application is one that is submitted at least six months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application submittal

is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major Approve. Citations revised as a

result of simultan eous formatting changes in other provisions of Part 60.

20.11.60.27(J)(1) through (3)

matches 40 CFR 51.165(f) (10)(i) through (iii)

20.11.60.27(J)(3)(a) through (d) matches 40 CFR 51.165(f) ( 10 ) (iii)(A) through ( D )

20.11.60.27(J)(4)(a) through (c)

matches 40 CFR 51.165(f) (10)(iv)(A) through (C)

20.11.60.27(J)(4)(c)(i) through (ii) matches 40 CFR

### 84 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

continue to be effective until the revised permit with the

renewed PAL is issued. (3) Application requirements

. The application to renew a PAL permit shall contain the following information. (a) The information required in Paragraphs (1) through (3) of

Subsection C of 20.11.60.23 NMAC. (b) A proposed PAL level. (c) The sum of the potential to emit of all emissions units under the PAL, with supporting documentation. (d) Any other information the owner or operator wishes the department to consider in determining the appropriate level for renewing the PAL. (4) PAL adjustment. In determining whether and how to adjust the PAL, the department shall consider the options outlined in

Sub paragraph (a) of Paragraph (4) of Subsection J of

20.11.60.23 NMAC. However, in no case may any such adjustment fail to comply with Subparagraph (b) of Paragraph (4) of Subsection J of 20.11.60.23 NMAC. If the emissions

level calculated in accordance with Subsection F of 20.11.60.23 NMAC is equal to or greater than 80 percent of the PAL level, the department may: (a) renew the PAL at the same level without considering the factors set forth in Subparagraph (b) of Paragraph (4) of

Subsection J of 20.11.60.23 NMAC; or (b) set the PAL at a level that it determines to be more representative of the source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth

in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the department in its written rationale; (c) notwithstanding Paragraph (4) of Subsection J of 20.11.60.23 NMAC, if the potential to emit of the major stationary source is less than the PAL, the department shall adjust the PAL to a level no greater than the potential to emit of the source; and the department shall not approve a renewed PAL level higher than the current PAL, unless t he major stationary source has complied with the provisions of Subsection K of 20.11.60.23

NMAC

- Increasing a PAL. (5) If the compliance date for a New Mexico or federal requirement that applies to the PAL source occurs during the stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit

wit h the renewed PAL is issued. (3) Application requirements

. The application to renew a PAL permit shall contain the following information. (a) The information required in Paragraphs (1) through (3) of Subsection C of [ 20.11.60.23 NMAC ] 20.11.60.27

NMAC

. (b) A proposed PAL level. (c) The sum of the potential to emit of all emissions units under the PAL, with supporting documentation. (d) Any other information the owner or operator wishes the department to consider in determining the appropriate level for renewing the PAL. (4) PAL adjustment . In determining whether and how to adjust the PAL, the department shall consider the options outlined in Subparagraph (a) of Paragraph (4) of Subsection J of [ 20.11.60.23 NMAC ] 20.11.60.27 NMAC

. However, in no case may any such adjustment fail to comply with Subparagraph (b) of Paragraph (4) of Subsection J of [ 20.11.60.23 NMAC ] 20.11.60.27 NMAC

. (a) If the emissions level calculated in accordance with Subsection F of [ 20.11.60.23 NMAC ] 20.11.60.27 NMAC is equal to or greater than 80 percent of the PAL level, the department may [: (a) ] renew the PAL at the same level without considering the factors set forth in Subparagraph (b) of Paragraph (4) of Subsection J of [ 20.11.60.23

NMAC ] 20.11.60.27 NMAC ; or (b) the department may set the PAL at a level that i t determines to be more representative of the source's baseline actual emissions, or that it determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the department in its written rationale; (c) notwithstanding Paragraph (4) of Subsection J of
[ 20.11.60.23 NMAC ] 20.11.60.27 NMAC

, (i) if the potential to emit of the majo r stationary source is less than the PAL, the department shall adjust the PAL to 51.165(f) (10)(iv)(C)(1) through (2)

20.11.60.27(J)(5) matches 40

CFR 51.165(f) (10)(v)

### 85 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

PAL effective period, and if the department has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or title V permit renewal,

whichever occurs firs t. a level no greater than the potential to emit of the source;

and (ii) the department shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of Subsection K of [ 20.11.60.23 NMAC ] 20.11.60.27 NMAC

- Increasing

a PAL during the PAL effective period

. (5) If the compliance date for a New Mexico or federal requirement that applies to the PAL source occurs during the PAL effective period, and if the department has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or title V permit renewal, whichever occurs first. New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

K. Increasing a PAL during the PAL effective period. (1) The department may increase a PAL emission limitation only if the major stationary source complies with the following provisions. (a) The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) con tributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL. (b) As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the baseline

actual emiss ions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case,

the assumed control level for that emissions unit shall be Under Review

- Revisions submitted August 16, 2010,

K. Increasing a PAL during the PAL effective period. (1) The department may increase a PAL emission limitation only if the major stationary source complies with the following provisions. (a) The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emi ssions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL. (b) As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the

bas eline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of

the allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, Approve. Citations revised as a

result of simultaneous formatting changes in other provisions of Part 60.

2 0.11.60.27(K)(1)(a) through (d) matches 40 CFR 51.165(f) (11) (i) (A) through (D)

20.11.60.27(K)(2) through (3)

matches 40 CFR 51.165(f) (11)(ii) through (iii)

### 86 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

equal to the level of BACT or LAER with which that

emissions unit mu st currently comply. (c) The owner or operator shall obtain a major new source review permit for all emissions unit(s) identified in Subparagraph (a) of Paragraph (1) of Subsection K of 20.11.60.23 NMAC, regardless of the magnitude of the emissions increase

re sulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the nonattainment major NSR program process (for example, LAER), even though they have also become subject to the PAL or continue to be subject to

the PAL. (d) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant. (2) The de partment shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT equivalent controls as determined in accordance with Subparagraph (b) of Paragraph (1) of Subsection K of 20.11.60.23 NMAC), plus the sum of the baseline actual

emissions of the small emissions units. (3) The PAL permit shall be revised to reflect the increased PAL level pursuan t to the public notice requirements of Subsection

E of 20.11.60.23 NMAC. the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply. (c) The owner or operator shall obtain a major new source review permit for all emissions unit(s) identified in Subparagraph (a) of Paragraph (1) of Subsection K of [ 20.11.60.23 NMAC ] 20.11.60.27 NMAC , regardless of

the m agnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the nonattainment major NSR program process (for example, LAER), even though they have also become subject to the PAL or continue to be subject to the

PAL. (d) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and beg ins to emit the PAL pollutant. (2) The department shall calculate the new PAL as the sum of

the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming ap plication of BACT equivalent controls as determined in accordance with Subparagraph (b) of Paragraph (1) of Subsection K of [ 20.11.60.23 NMAC ]

20.11.60.27 NMAC , plus the sum of the baseline actual

emissions of the small emissions units. (3) The PAL permit shal l be revised to reflect the increased PAL level pursuant to the public notice requirements of Subsection E of [ 20.11.60.23 NMAC ] 20.11.60.27

NMAC

.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

L. Monitoring requirements for PALS. (1) General Requirements. (a) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass Under Review

- Revisions submitted August 16, 2010,

L. Monitoring requirements for PALS. (1) General Requirements. (a) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of Approve. Cita tions revised as a

result of simultaneous formatting changes in other provisions of Part 60.

20.11.60.27(L)(1)(a) through (d) matches 40 CFR 51.165(f) (1 2 ) (i) (A) through (D)

### 87 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

per unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such syste m must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit. (b) The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in Subparagr aphs (a) through (d) of Paragraph (2) of Subsection L of 20.11.60.23 NMAC and must be approved by the department. (c) Notwithstanding Subparagraph (b) of Paragraph (1) of Subsection L of 20.11.60.23 NMAC, the owner or operator may also employ an alternative mo nitoring approach that meets Subparagraph (a) of Paragraph (I) of Subsection L of 20.11.60.23 NMAC if approved by the department. (d) Failure to use a monitoring system that meets the requirements of 20.11.60.23 NMAC renders the PAL

invalid. (2) Minimum performanc e requirements for approved monitoring approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in Paragraphs (3) through (9) of Subsection L of 20.11.60.23 NMAC: (a) mass balance calculations for activities using coatings or solvents; (b) CEMS; (c) CPMS or PEMS; and (d) emission factors. (3) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents s hall meet the following requirements: (a) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit; (b) Assume that the emissions unit emits all of the P AL pollutant that is contained in or created by any raw material time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PA L permit. (b) The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in Subparagraphs (a) through (d) of Paragraph (2) of Subsection L of [ 20.11.60.23

NMAC ] 20.11.60.27 NMAC and mu st be approved by the department. (c) Notwithstanding Subparagraph (b) of Paragraph (1) of Subsection L of [ 20.11.60.23 NMAC ] 20.11.60.27 NMAC

, the owner or operator may also employ an alternative monitoring approach that meets Subparagraph (a) of Paragraph (I ) of Subsection L of [ 20.11.60.23 NMAC ]

20.11.60.27 NMAC if approved by the department. (d) Failure to use a monitoring system that meets the requirements of [ 20.11.60.23 NMAC ] 20.11.60.27 NMAC

renders the PAL invalid. (2) Minimum performance requirements for appr oved monitoring approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in Paragraphs (3) through (9) of Subsection L of [ 20.11.60.23 NMAC ]

20.11.60.27 NMAC : (a) mass balance calculation s for activities using coatings or solvents; (b) CEMS; (c) CPMS or PEMS; and (d) emission factors. (3) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall

meet t he following requirements: (a) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit; 20.11.60.27(L)(2)(a) through (d) matches 40 CFR 51.165(f) (12)(ii)(A) through (D)

20.11.60.27(L)(3)(a) through (c) matches 40 CFR 51.165(f) (12)(iii)(A) through (C)

20.11.60.27(L)(4)(a) through (b) matches 40 CFR 51.165(f) (12)(iv)(A) through (B)

20.11.60.27(L)(5)(a) through (b) matches 40 CFR 51.165(f) (12)(v)(A) through (B)

20.11.60.27(L)(6)(a) through (c) matches 40 CFR 51.165(f) (12)(vi)(A) through (C)

20.11.60.27(L)(7) matches 40

CFR 51.165(f) (12)(vii)

20.11.60.27(L)(8)(a) through (b) matches 40 CFR 51.165(f) (12)(viii)(A) through (B)

20.11.60.27(L)(9) 40 CFR 51.165(f) (12 )( ix )(A)

### 88 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and (c) Where the vendor of a material or fuel, which is used in or at the emissions unit, publis hes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the department determines there is site

specific data or a site

- specific monitoring program t o support another content within the range. (4) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements: (a) CEMS must comply with applicable Performance Specifications found in 40 CFR part 60, appendix B; and (b) CEMS must sample, analyze and record data at least every 15 minutes while the emissions unit is operating. (5) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: (a) The CPMS or the PEMS must be based on current site

specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and (b) Each CPMS or PEMS must sample, analyze, and record

data at least every 15 minutes, or at another less frequent interval approved by the department, while the emissions unit is operating. (6) Emission factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requir ements: (a) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development; (b) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and (c) If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site

- specific emission factor within six

months of PAL permit issuance, unless the department determines that testing is not required. (b) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and (c) Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the department determines there is site

spec ific data or a site

- specific monitoring program to support another content within the range. (4) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements: (a) CEMS must comply with applicable Performance Specif ications found in 40 CFR part 60, appendix B; and (b) CEMS must sample, analyze and record data at least every 15 minutes while the emissions unit is operating. (5) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements: (a) The CPMS or the PEMS must be based on current site

specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and (b) Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the department, while the emissions unit is operating. (6) Emission factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements: (a) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' developme nt; (b) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and (c) If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL polluta nt emissions shall conduct validation testing to determine a site

- specific emission factor within six

### 89 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

(7) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions

for an emiss ions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit. (8) Notwithstanding the requirements in Paragraphs (3) through (7) of Subsection L of 20.1 1.60.23 NMAC, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the department shall, at the time of permi t
issuance: (a) establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or (b) determine that operation of the emissions unit during operating conditions when ther e is no correlation between monitored parameter(s) and the PAL pollutant emissions is a

violation of the PAL. (9) Revalidation. All data used to establish the PAL pollutant must be revalidated through performance testing or other scientifically valid means app roved by the department. Such testing must occur at least once every five years after

issuance of the PAL. months of PAL permit issuance, unless the department determines that testing is not required. (7) A source owner or operator must record and report maximum po tential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is spec ified in the PAL permit. (8) Notwithstanding the requirements in Paragraphs (3) through (7) of Subsection L of [ 20.11.60.23 NMAC ] 20.11.60.27

NMAC , where an owner or operator of an emissions unit

cannot demonstrate a correlation between the monitored

parameter (s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the department shall, at the time of permit issuance: (a) establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or (b) determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a

violation of the PAL. (9) Revalidati on. All data used to establish the PAL pollutant must be revalidated through performance testing or other scientifically valid means approved by the department. Such testing must occur at least once every five years after

issuance of the PAL. New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

M. Recordkeeping requirements. (1) The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of 20.11.60.23 NMAC and of the PAL, including a determination of each emissions unit's 12

- month rolling total emissions, for five years from the date of

such record. Under Review

- Revisions submitted August 16, 2010,

M. Recordkeeping requirements. (1) The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine com pliance with any requirement of [ 20.11.60.23 NMAC ] 20.11.60.27

NMAC and of the PAL, including a determination of each

emissions unit's 12

- month rolling total emissions, for five years from the date of such record. Approve. Citations revised as a

result of simultaneous formatting changes in other provisions of Part 60.

20.11.60.27(M)(1) through (2)

matches 40 CFR 51.165(f) (13)(i) through (ii)

20.11.60.27(M)(2)(a) through (b) matches 40 CFR 51.165(f) (13)(ii)(A) through (B)

### 90 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

(2) The PAL permit shall require an own er or operator to retain a copy of the following records for the duration of the PAL effective period plus five years: (a) A copy of the PAL permit application and any applications for revisions to the PAL; and (b) Each annual certification of compliance pursuant to title V and the data relied on in certifying the compliance. (2) The PAL permit shall require an owner or o perator to retain a copy of the following records for the duration of the PAL effective period plus five years: (a) A copy of the PAL permit application and any applications for revisions to the PAL; and (b) Each annual certification of compliance pursuant to titl e V and the data relied on in certifying the compliance.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

N. Reporting and notification requirements. The owner or operator shall submit semi

- annual monitoring reports and prompt deviation reports to the department in accordance with the requirements of 20.11.42 NMAC. The reports shall meet the following requirements. (1) Semi

- Annual Report. The semi

- annual report shall be submitted to the department within 30 days of the end of each reporting period. This report shall contain the following information. (a) The identification of owner and operator and the permit

number. (b) Total annual emissions (tons/year) based on a 12

- month rolling total for each month in the reporting period recorded pursuant to Paragraph (I) of Subsection M of 20.11.60.23

NMAC. (c) All data relied upon, including, but not limited to, any quality assurance or quality control data, in calculating the monthly and annual PAL pollutant emissions. (d) A list of any emissions units modified or added to the major stationary source during the preceding six

- month period. (e) The number, duration, and cause of any deviations or monitoring malfunctions (other than the t ime associated with zero and span calibration checks), and any corrective

action taken. (f) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the

monit oring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, Under Review

- Revisions submitted August 16, 2010,

N. Reporting and notification requirements. The owner or operator shall submit semi

- annual monitoring reports and prompt deviation reports to the department in accordance with the requirements of 20.11.42 NMAC. The reports shall meet the following requirements. (1) Semi

- Annual Report. The semi

- annual report shall be submitted to the department within 30 days of the end of each reporting period. This report shall contain the

followi ng information. (a) The identification of owner and operator and the permit

number. (b) Total annual emissions (tons/year) based on a 12

- month rolling total for each month in the reporting period recorded pursuant to Paragraph (I) of Subsection M of [ 20.11.60.23

N MAC ] 20.11.60.27 NMAC

. (c) All data relied upon, including, but not limited to, any quality assurance or quality control data, in calculating the monthly and annual PAL pollutant emissions. (d) A list of any emissions units modified or added to the major

stationar y source during the preceding six

- month period. (e) The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective

action taken. (f) A notification of a shutdo wn of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit Approve. Citations revised as a

result of simultaneous formatting changes in other provisions of Part 60. 20.11.60.27(N) matches 40

CFR 51.165(f) (14)

20.11.60.27(N)(1) matches 40

CFR 51.165(f) (14)(i)

20.11.60.27(N)(1)(a) through (g) matches 40 CFR 51.165(f) (14)(i)(A) through (G)

20.11.60.27(N)(2) matches 40

CFR 51.165(f) (14)(ii)

20.11.60.27(N)( 2 )(a) through ( d ) matches 40 CFR 51.165(f) (14)(i i )(A) through ( D )

20.11.60.27(N)(3) matches 40

CFR 51.165(f) (14)(iii)

### 91 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

and the calculation of the emissions of the pollutant or the number determined by met hod included in the permit, as provided by Paragraph (7) of Subsection L of 20.11.60.23

NMAC. (g) A signed statement by the responsible official as defined by 20.11.42.7 NMAC certifying the truth, accuracy, and completeness of the information provided in the r eport. (2) Deviation report. The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to 40 CFR 70.6(a)( 3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing 40 CFR 70.6(a)(3)(iii)(B). The reports shall contain the following information: (a) The ident ification of owner and operator and the permit number; (b) The PAL requirement that experienced the deviation or that was exceeded; (c) Emissions resulting from the deviation or the exceedance;

and (d) A signed statement by the responsible official as defined by

20.1 1.42 NMAC certifying the truth, accuracy, and completeness of the information provided in the report. (3) Revalidation results. The owner or operator shall submit to the department the results of any revalidation test or method within three months after comple tion of such test or method. monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by Paragraph (7) of Subsection L of [ 20.11.60.23

NMAC ] 20.11.60.27 NMAC

. (g) A signed statement by the responsible official as defined by 20.11.42.7 NMAC certifying the truth, accuracy, and completeness of the information provided in the report. (2) Deviation report. The major stationary source owner or operator shall promptly submit r eports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall be

submitted within the time limits prescribed by the applicable program implementing 40 CFR 70.6(a)(3)(iii)(B). The reports shall contain the following information: (a) The identification of owner and operator and the permit number; (b) The PAL requirement that experienced th e deviation or that was exceeded; (c) Emissions resulting from the deviation or the exceedance;

and (d) A signed statement by the responsible official as defined by 20.11.42 NMAC certifying the truth, accuracy, and completeness of the information provided in the r eport. (3) Revalidation results. The owner or operator shall submit to the department the results of any revalidation test or method within three months after completion of such test or method.

New Mexico For the City Albuquerque SIP Approved by EPA on April 26, 2007 (72 FR 20728) as adopted by the State on December 14, 2005

O. Transition requirements. (1) The department shall not issue a PAL that does not comply with the requirements of 20.11.60.23 NMAC after the administrator has approved these regulations. (2) The department may supersede any PAL which was established prior to the date of approval of 20.11.60 NMAC Under Review

- Revisions submitted August 16, 2010,

O. Transition requirements.
(1) The department shall not issue a PAL that does not comply with the requirements of [ 20.11.60.23 NMAC ] 20.11.60.27

NMAC after the administrator has approved [ these] regulations incorporating these requirements into the SIP. (2) The department may supersede any PAL which was established prior to the date of approval of 20.11.60 NMAC Approve. Citations revised as a

result of sim ultaneous formatting changes in other provisions of Part 60.

20.11.60.27( O) ( 1 ) through (2)

matches 40 CFR 51.165(f) (1 5 )(i) through (ii)

### 92 Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PAL s ) Analysis of Revisions to 20.11.60. 27 NMAC

– Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

by the administrator with a PAL that complies with the requirements of this section. by the administrator with a PAL that complies with the requirements of [ this section] 20.11.60.27 NMAC

.

### 93 

## C. Evaluation of the August 16, 2010, and July 26, 2013 SIP revisions submittals with respect to Section 110(l) of the CAA

Section 110(l) of the C AA states:

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

U nder section 110(l) of the CAA , the August 16, 2010, and July 26, 2013 SIP submittal s containing revisions to the Albuquerque PSD P ermitting P rogram adopted by the Albuquerque

- Bernalillo County (AQCB) must not interfere with attainment or reasonable further progress or any other applicable

r equirement of the Act. In addition , these revisions are required to adequately implement the Albuq u erque
P ermitting in Nonattainment Areas program consistent with the CAA and EPA regulations. B ecause the August 16, 2010, and June 26, 2013 SIP revision submittal s are required under the CAA to implement statutorily mandated air permitting programs, these revisions by extension will not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA.



# I II

. Conclusion

The technical analysis provided in the preceding sections has compared the applicable sections of the CAA and

40 CFR Part 51 to the August 16, 2010, and July 26, 2013 proposed revisions to the New Mexico SIP for t he Albuquerque

- Bernalillo County P ermitting in Nonattainment Areas program. This analysis found that the adoption of the revisions to 20.11. 60 NMAC submitted on August 16, 2010, and July 26, 2013, are consistent

with the CAA and 40 CFR Part 51.165 , as applicable. In addition, EPA found the provisions included in the

revisions address ing NO X 

### as a precursor for ozone and identifying the precursors for PM 2. 5 

### , consistent with

EPA’s November 29, 2005 Phase 2 rule ( for the 1997 ozone NAAQS ) and EPA’s 200 8 PM 2.5 

### NSR rule ( for the

1997 and 2006 PM 2.5 

### NAAQS ), respectively

. Therefore, EPA recommends that approval of the August 16, 2010, and the July 26, 2013 proposed revisions to S ections 1 , 2, 6 , 7 and 12 through 27 of 20.11.60 NMAC and

S ections 6, 7, 12, 13 and 15 of 20.11.60 NMAC, respectively, be published.

As noted in Section I.C, EPA is not taking action on revisions to other parts of 20.11 NMAC that were revised as part of the August 16, 2010, and July 26, 2013 submittal s

. The aforementioned sections that EPA is not acting on are being severed and have been addressed previously in a separate action or will be addressed, as needed, in a future action.