1

TECHNICAL SUPPORT DOCUMENT

Title 20, Environmental Protection

Chapter 11, Albuquerque-Bernalillo County Air Quality Control Board

Part 60, Permitting in Nonattainment Areas

Amended 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: Ms. 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 AlbuquerqueBernalillo County NNSR program address the requirements of the NSR PM2.5 Implementation 

Rule? ................................................................................................................................................. 14

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

Albuquerque-Bernalillo County NNSR Permitting Program Submittal in light of the Litigation on 

the May 16, 2008 PM2.5 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 PM2.5 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 PM2.5 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 (O3) NAAQS - Phase 2 and Certain 

Aspects of the 1990 Amendments Relating to NSR and PSD as They Apply to Carbon Monoxide 

(CO), PM and O3 NAAQS (O3 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 amendments to the City of 

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

60 of the New Mexico Administrative 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 Clean Air Act (CAA) and EPA’s regulations, 

policy and guidance.

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

The New Mexico Air Quality SIP revision incorporates the amended 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 Mexico. 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 held 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 AlbuquerqueBernalillo County’s NNSR Permitting Program 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 five new sections) contained in the August 16, 2010 submittal.

July 26, 2013

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 adopted 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 

Permitting Program 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 technical support document?

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

Permitting Program and Infrastructure SIP for PM2.5 and Ozone. For the July 26, 2013 submittal, revisions to 

regulations within 20.11.61 NMAC – PSD Permitting Program and 20.11.42 NMAC – Operating Permits were 
4

also included. The revisions to 20.11.61 NMAC were submitted as revisions 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 review, EPA is taking action only on the submitted revisions to the City of AlbuquerqueBernalillo 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 submitted on August 16, 2010 at 

20.11.61 NMAC on September 19, 2012. See 77 FR 58032. On May 20, 2015, the 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. We will address the revisions to 20.11.42 NMAC as updates to the City of AlbuquerqueBernalillo 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 requirements 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 

07/26/2013 04/10/2013 TSD

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

07/26/2013 04/10/2013 TSD

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

07/26/2013 04/10/2013 TSD

20.11.60.13 NMAC Source Obligation 

and Enforceable 

Procedures

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

07/26/2013 04/10/2013 TSD

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 

07/26/2013 04/10/2013 TSD
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 

Offsetting

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 

Mandatory 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 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.

20.11.61.10 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 07/14/2010 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.

20.11.61.14 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. See 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 Submittals for the Albuquerque-Bernalillo County Permitting 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 final 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 revisions submittals with respect to the 

40 CFR Part 51, Appendix V Completeness 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 determining 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 to submit the plan or revision. If a completeness 

determination is not made by 6 months from receipt of a submittal, the submittal shall be deemed 

complete by operation of law on the date 6 months from receipt. A determination of completeness 

under this paragraph means that the submission is an official submission for purposes of § 51.103.

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

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 letters 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. Evidence is included that the State has adopted the revision in the State code or body of regulations, 

or that the State has issued the permit, order, consent agreement (hereafter document) in final form. 

This evidence would include the date of adoption or final issuance and the effective date of revision, 

if different from 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 12, 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 appropriate State official indicating that it is fully enforceable by the 

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

document itself.

The SIP submittals included the official State regulation documents and transmittal forms that were

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 packages included certifications demonstrating the SIP submittals were 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 submittals addressed in this action included the public notice 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 hearings.

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 submittals contained certified hearing record transcripts, 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. Compilation of public comments and the State’s response thereto.

As documented in the SIP submittals, 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 revisions.

The SIP submittals address revisions to the provisions related to the Permitting in Nonattainment 

Areas program; therefore, the SIP submittals 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 attainment plan for the affected area(s).

The regulations included in these SIP submittals apply to Albuquerque-Bernalillo County, only. 

Bernalillo County is currently designated attainment for all pollutants. For CO, Bernalillo County is 

designated as an attainment area under a Limited Maintenance Plan (LMP). The AlbuquerqueBernalillo County (AQCB) adopted a CO LMP on July 14, 2004, which was approved in the Federal 

Register on July 21, 2005, effective August 22, 2005 [See 70 FR 41963].

The objective of 20.11.60 NMAC, Permitting in Nonattainment Areas is to implement a preconstruction 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. 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 include estimates of changes in current actual emissions from affected sources and/or, 

where appropriate, quantification of changes in actual emissions from affected sources through 

calculations of the differences between certain baseline levels and allowable emissions anticipated if 

the revisions were approved.)

The 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 

sources. The permitting process in nonattainment areas ensures appropriate amounts of permitted 

emissions are approved.

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

reasonable further progress demonstration, and visibility, as applicable, are protected if the revisions

were approved and implemented.

The August 16, 2010, and July 26, 2013 SIP submittals that revise 20.11.60 NMAC continue to 

require permittees follow minimum Federal requirements where if increased 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 

(including 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 not interfere with nonattainment, visibility or reasonable 

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 AlbuquerqueBernalillo 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-Bernalillo County’s NNSR Permitting 

Program. 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 AlbuquerqueBernalillo 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 justification. 

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 Program.

The August 16, 2010, and July 26, 2013 SIP submittals meet the completeness criteria established in 40 CFR 

part 51, Appendix V.
14

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

The August 16, 2010 and July 26, 2013 SIP revisions substantively revised the NMAC for the City of 

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

 Implementation of the NSR Program for PM2.5 (73 FR 28321); 

 PSD for PM2.5-Increments, Significant Impact Levels (SILs) and Significant Monitoring 

Concentration (SMC) (75 FR 64864);

 Implementation of the 8-hour Ozone (O3) NAAQS-Phase ; Final Rule to Implement Certain Aspects 

of the 1990 Amendments Relating to NSR and PSD as They Apply to Carbon Monoxide (CO), PM 

and O3 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 PM2.5 Implementation Rule?

The EPA promulgated two rules establishing both required and optional implementation regulations for NNSR 

permitting programs for PM2.5 : the May 16, 2008 final rule for Implementation of the New Source Review 

(NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5) (referred to as the NSR PM2.5

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 (PM2.5) – Increments, Significant Impact 

Levels (SILs) and Significant Monitoring Concentration (SMC) (referred to as the PM2.5 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 PM2.5 NAAQS as applicable to its NNSR permitting 

program. Based on the analysis presented below and 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 PM2.5 Implementation Rule 

for the following reasons:

(1) Regulation of Direct PM2.5 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 emissions of PM2.5 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 precursors for PM2.5 are identified as SO2 and NOX

in all nonattainment areas, but ammonia and VOC are not regulated PM2.5 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 PM2.5 emissions and 

precursors of PM2.5 as promulgated by EPA at 40 CFR 51.165(a)(1)(xxxvii)(C) and (D) on May 16, 2008.

(3) Condensable PM10/PM2.5 Emissions: The New Mexico SIP for the City of Albuquerque-Bernalillo 

County NNSR program includes condensable emissions of PM10 and PM2.5 for purposes of NNSR permitting in 

the definition of “Regulated NSR Pollutant” at Subsection 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 New Mexico SIP for the Albuquerque-Bernalillo 

County NNSR Permitting Program Submittal in light of the Litigation on the May 16, 2008 PM2.5 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. EPA1issued a decision that remanded the EPA’s 2007 and 2008 rules implementing the 

1997 PM2.5 NAAQS. With respect to the requirements for implementation of the PM2.5 NAAQS in 

nonattainment areas, the Court found that EPA erred in implementing the PM2.5 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 PM2.5 NSR Implementation Rule addressed by the NRDC decision promulgated NSR requirements 

for implementation of PM2.5 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 PM2.5 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 promulgated in 

the 2008 NSR PM2.5 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 revisions 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 NNSR requirements of the 

2008 PM2.5 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 PM2.5

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 PM2.5 NAAQS 

nonattainment areas.

In a separate 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 PM2.5 emissions. In particular, subpart 

4 includes section 189(e) of the CAA, which requires the control of major stationary sources of PM10 precursors 

“except where the Administrator determines that such sources do not contribute significantly to PM10 levels 

which exceed the standard in the area.” Under the court’s decision in NRDC, section 189(e) of the CAA also 

applies to PM2.5.

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

1997 or the 2006 PM2.5 NAAQS. The obligation for a state to submit a plan addressing PM2.5 nonattainment 

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 PM2.5 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 PM2.5

 

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 PM2.5 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 PM2.5. 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 PM2.5 in nonattainment 

areas. With respect to PM2.5, the revised definition of “regulated pollutant” at Subsection JJ of 20.11.60.7 

NMAC identifies sulfur dioxide and nitrogen oxides as regulated PM2.5 precursors while volatile organic 

compounds (VOCs) and ammonia are not regulated PM2.5 precursors in PM2.5 nonattainment areas in 

Albuquerque-Bernalillo County. The revised definition of “significant” at Subsection MM of 20.11.60.7 NMAC 

adds significant emission rates for direct PM2.5 and for sulfur dioxide and nitrogen oxides as PM2.5 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 satisfy 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 VOCs and ammonia as PM2.5

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 PM2.5 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 PM2.5 NNSR permitting. However, as section 

189(e) of the Act requires regulation of PM2.5 precursors that significantly contribute to PM2.5 levels “which 

exceed the standard in the area” and PM2.5 levels in the state do not currently exceed the standard at all, the 

revisions addressing only SO2 and NOx are not inconsistent with the requirements of this provision. In the event 

that an area is designated nonattainment for the 2012 PM2.5 NAAQS or any other future PM2.5 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 PM2.5

precursors.

Although the revisions to Albuquerque’s NNSR rule may not be required by the statute or contain 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 PM2.5 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 program 

satisfy the Required Increment Component of the PM2.5 Increment – SILs – SMC Rule?

The EPA finalized the PM2.5 PSD Increment – SILs – SMC Rule to provide additional regulatory 

requirements under the PSD SIP program regarding the implementation of the PM2.5 NAAQS. See, 75 FR 

64864. The PM2.5 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 PM2.5 PSD increments and the

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

PM2.5 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 October 20, 2010 final rule also codified the PM2.5 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 PM2.5 Increment – SILs – SMC Rule?

The EPA’s October 20, 2010 PM2.5 Increment – SILs – SMC Rule also provided that States could 

discretionarily choose to adopt and submit for EPA approval PM2.5 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 PM2.5 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 PM2.5. 

On January 22, 2013, the U.S. Court of Appeals for the District of Columbia granted a request from 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 PM2.5 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 PM2.5 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 PM2.5 SMC, finding that the EPA lacked legal 

authority to adopt and use the PM2.5 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 County’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 (O3) NAAQS - Phase 2 and Certain Aspects of the 1990 Amendments 

Relating to NSR and PSD as They Apply to Carbon Monoxide (CO), PM and O3 NAAQS (O3 NAAQS 

Implementation Rule)?

The EPA finalized O3 NAAQS Implementation Rule to provide additional regulatory requirements 

under the PSD SIP program regarding the implementation of the PM2.5 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 O3 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 O3, 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 stationary 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 sources 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 modification” 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 Subsection 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 language 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 Possibility 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 capacity 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 new 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 projections. 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 NSR 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 

determinations 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 part 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 resulted 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 demand 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 possibility 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 significant 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 annual 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 remand 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 exceeds 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 projected 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 percent 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 that approach as an interim interpretation in 

Appendix S of 40 CFR part 51. In this final rule, EPA is amending Appendix 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: Reconsideration 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 through 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 regulations: 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, EPA 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 cases, 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 EPA’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 list 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 tables 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 submittal 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 Sections 6, 7, 12, 13 and 15 of 20.11.60 NMAC. The following tables present 

and analyze only revisions to these sections of 20.11.60 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” section, which immediately follows the matrix; or

 The 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) 768-2600.

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 nonsubstantive 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 nonattainment areas.

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

nonattainment [areas] area.

Approve. Revisions submitted are nonsubstantive 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 permit 

program for new or modified major stationary 

sources that plan to locate in an area where a

federal ambient air quality [standards are] 

standard is being exceeded.

Approve. Revisions submitted are nonsubstantive changes
23

Table A.IV: 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

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 definition 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 the actual rate of emissions of a 

regulated new source review pollutant from an emissions unit, as 

determined 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 II of 20.11.60.7 NMAC shall apply for those purposes.

Under Review - Revisions submitted August 16, 

2010, 

A. "Actual emissions" means the actual rate of 

emissions of a regulated new source review 

pollutant from an emissions unit, as determined 

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 significant 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 II of 20.11.60.7 

NMAC shall apply for those purposes.

Approve. Revisions submitted are nonsubstantive. 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

renumbered.

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 department 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 DEFINITIONS

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 factors 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 stringent 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; or

(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 14, 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 nonsubstantive

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 year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the 

owner or operator within the five year period immediately preceding when the owner or operator begins actual 

construction of the project. The department shall allow the use of a different time period upon a determination 

that it is more representative of normal source operation.

(a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with 

startups, shutdowns, and malfunctions.

(b) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the 

source was operating above any emission limitation that was legally enforceable during the consecutive 24-

month period.

(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 consecutive 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 for 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 average 

rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period 

selected by the owner or operator within the 10 year period immediately preceding either the date the owner or operator begins 

actual construction of the project, or the date a complete permit application is received by the department 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 required 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 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 

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 Subparagraphs (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 

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]

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 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 

Subparagraphs (b) and (c) of Paragraph (2) of Subsection 

E of 20.11.60.7 NMAC

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 renumbered.
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 emit.

(4) For a plantwide applicability limit for a major stationary source, the baseline actual emissions shall be calculated for existing 

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 

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.

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 14, 

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 techniques, 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 emissions 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 nonsubstantive clarifications 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 14, 

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 construction of the source, to be completed within a reasonable 

time; or

(2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the 

owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

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

demolition, or modification of an emissions unit) which would result in a change in actual emissions.

K. "Continuous emissions monitoring system (CEMS)" means all 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, analyze, 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 time.

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, control device 

secondary voltages and electric currents, and other information (for example, gas flow rate, oxygen or carbon dioxide concentrations), 

and to record average operational parameter value(s) on a continuous basis.

N. "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more 

than one-third of its potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution 

system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that 

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

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) newly 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 14, 

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 40 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 developed pursuant to 40 CFR Parts 60 and 61, 

requirements within any applicable state implementation plan, any 

permit requirements established pursuant to 40 CFR 52.21 or 

under regulations approved pursuant to 40 CFR Part 51, Subpart I 

including [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 

consistent 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 14, 

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 modified 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 from the major stationary 

Under Review - Revisions submitted August 16, 2010, 

U. "Major modification" 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 nonsubstantive 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 ozone.

(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 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 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 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 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 federally 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, operation, 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 considered 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 Section 125 of the federal Clean Air Act;

(d) use of an alternative fuel at a steam generating unit to the 

extent that the fuel is generated from municipal solid 

waste;

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

source which:

(i) the source was capable 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 to [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 change in ownership at a stationary source; or

(h) the installation, operation, cessation, or removal of a 

temporary clean coal technology demonstration project, 

provided that the project complies with:

(i) the state implementation plan for the state in which 

[is]the project is located and 

definitions 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 O3 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 maintain 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 Subsection 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 regions, whether or not subject to Subpart 2, 

Part D, Title I of the act, any significant net emissions 

increase of nitrogen oxides is considered significant for 

ozone.

(6) Any physical change in. or change in the method of operation 

of. a major stationary source of volatile organic compounds 

that results in any increase in emissions of volatile organic 

compounds from any discrete operation, emissions unit, or 

other pollutant emitting activity at the source shall be 

considered a significant net emissions increase and a major 

modification for ozone, if the major stationary source is 

located in an extreme ozone nonattainment area that is subject 

to Subpart 2, Part D, Title I of the act.
31

Table A.IV: 20.11.60.7 Definitions

Analysis of Revisions to 20.11.60.7 NMAC - Definitions EPA’s Evaluation

New Mexico For the City Albuquerque SIPApproved 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 stationary 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 Subsection 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 

nonattainment 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 PM10 in any serious nonattainment area for 

PM10.

(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 nitrogen 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 located 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 

O3 NAAQS Implementation 

and 76 FR 17548 Fugitive 

Emissions Rule.
32

Table A.IV: 20.11.60.7 Definitions

Analysis of Revisions to 20.11.60.7 NMAC - Definitions EPA’s Evaluation

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

nonattainment area for ozone

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

area for ozone.

(vi) 10 tons per year or more of nitrogen oxides in any extreme 

nonattainment area for ozone; or

New Mexico For the City Albuquerque SIPApproved 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 

applies.

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 they 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 

applies. 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.IV: 20.11.60.7 Definitions

Analysis of Revisions to 20.11.60.7 NMAC - Definitions 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 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 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 

applies.

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

 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 

context.
34

Table A.IV: 20.11.60.7 Definitions

Analysis of Revisions to 20.11.60.7 NMAC - Definitions 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 pursuant 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 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 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 20.11.60.7 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 subsection 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 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;

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 decrease 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 

applies. The change is 

consistent with 40 CFR 51.165 

(a)(1)(vi)(B) and (C).
35

Table A.IV: 20.11.60.7 Definitions

Analysis of Revisions to 20.11.60.7 NMAC - Definitions EPA’s Evaluation

(3) an increase or decrease in actual emissions is 

creditable only if:

(a) it occurs 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 permit 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 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 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 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 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 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 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 days;

Cont’d from above for Z. “Net 

Emissions Increase”. No 

revision submitted. Language 

provided for context.
36

Table A.IV: 20.11.60.7 Definitions

Analysis of Revisions to 20.11.60.7 NMAC - Definitions 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 

modeling, or other methods determined by the administrator to be reliable, to exceed any national ambient air quality standard for such 

pollutant. Such term includes any area identified under Subparagraphs (A) through (C) of Section 107(d)(l) of the federal Clean 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 program is a 

major new source review permit.

CC."Part" means an air quality control regulation under Title 20, Chapter 11 of the New Mexico administrative code (NMAC), unless 

otherwise noted; as adopted or amended by the board.

DD. Portable 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 

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 federally enforceable.

Under Review - Revisions submitted 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, including 

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 

federally 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. Language 

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 14, 

2005

FF. "Predictive emissions monitoring 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 example, gas flow 

rate, oxygen or carbon 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.IV: 20.11.60.7 Definitions

Analysis of Revisions to 20.11.60.7 NMAC - Definitions 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 period) 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 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. 

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 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 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 or operator of the 

major stationary source:

are non-substantive changes. 

(Submitted August 16, 2010) 

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

(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 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

Approve. The proposed 

revisions in the subsection II 

(“Projected actual emissions”) 

are non-substantive changes. 

(Submitted August 16, 2010) 

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

(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) 

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

(3) 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 

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) 

Citations revised as a result of 
38

Table A.IV: 20.11.60.7 Definitions

Analysis of Revisions to 20.11.60.7 NMAC - Definitions 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, including 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 

defined 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 - Revisions 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) 

Citations 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

Table A.IV: 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 volatile organic compounds;

(2) any pollutant for which a national ambient air quality 

standard has been promulgated; or

(3) any pollutant that is a constituent or precursor of a 

general pollutant listed 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 pollutant 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

administrator 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 PM2.5 in all PM2.5

nonattainment areas;

(c) nitrogen oxides are presumed to be precursors to

PM2.5 in all PM2.5 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 that area's 

ambient PM2.5 concentrations;

(d) volatile organic compounds and ammonia are 

presumed not to be precursors to PM2.5 in any

PM2.5 nonattainment area, unless the state 

demonstrates to the administrator's satisfaction 

or EPA demonstrates that emissions of volatile 

organic compounds or ammonia from sources in 

a specific area are a significant contributor to 

that area's ambient PM2.5 concentrations; or

(4) PM2.5 emissions and PM10 emissions shall include 

gaseous emissions from a source or activity which 

condense to form particulate matter at ambient 

temperatures: on or after January 1. 2011 (or any 

earlier date established in the upcoming rulemaking 

codifying test methods), such condensable 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. Language revised to be 

consistent with the federal provisions found 

in 40 CFR 51.165(a)(1)(xxxvii) to regulate 

PM2.5 and its precursors. See 73 FR 28321. 

EPA promulgated these requirements for 

PM2.5 on May 16, 2008, in our final rule 

“Implementation of the New Source Review 

(NSR) Program for Particulate Matter Less 

Than 2.5 Micrometers (PM2.5)”. Note this 

final rule promulgated PM2.5 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, Subpart 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 

PM2.5 and its precursors.
40

Table A.IV: 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 PM2.5 and PM10 in nonattainmnent 

major NSR permits; compliance with emissions 

limitations for PM2.5 and PM10 issued prior to this 

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 particulate 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 does 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 

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 does not [change] alter 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.

Approve. The proposed revisions in the 

subsection KK (“Replacement unit”) 

included citations which were revised as a 

result of simultaneous formatting changes in 

other 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 stationary 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 citations which were revised as a 

result of simultaneous formatting changes in 

other provisions of Part 60.
41

Table A.IV: 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 facility 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 same 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 construction or operation of the major 

stationary source or major modification. Secondary 

emissions do not include any emissions which come 

directly from a mobile source, such as emissions from the 

tailpipe of a motor vehicle, from a train, or from a vessel.

MM. 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

"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 monoxide, 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) PM2.5, 10 tons per year of direct PM2.5 emissions; 40 

tons per year of sulfur dioxide emissions; 40 tons per 

year of nitrogen oxide emissions unless demonstrated 

not to be a PM2.5 precursor under Subsection JJ of 

20.11.60.7 NMAC.

(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 compounds 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 

(PM2.5 NSR Implementation) and 70 FR 

71612 (8- hour O3 NAAQS 

Implementation).

We note that the revisions to 

20.11.60.7(MM)(1)(g) revise the 

Albuquerque NNSR Permitting Program to

regulate PM2.5 and its precursors. See 73 FR 

28321. EPA promulgated these requirements 

for PM2.5 on May 16, 2008, in our final rule 

“Implementation of the New Source Review 

(NSR) Program for Particulate Matter Less 

Than 2.5 Micrometers (PM2.5)”. Note this 

final rule promulgated PM2.5 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, Subpart 4. Please see a further 

discussion in the Additional Comments 

section of the TSD for details on why EPA 
42

Table A.IV: 20.11.60.7 Definitions

Analysis of Revisions to 20.11.60.7 NMAC – Definitions EPA’s Evaluation

such emissions increase 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 

carbon 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 significantly 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 unit 

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 

PM2.5 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 initial 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 

modification 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 will 

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 major 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 applicable 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/m3

5.0 

μg/m3

-- 25 

μg/m3

--

PM10 1.0 

μg/m3

5.0 

μg/m3

-- -- --

Nitrogen 

Dioxide

1.0 

μg/m3

-- -- -- --

Carbon 

Monoxide --

-- 0.5 

mg/m3

-- 2 

mg/m3

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/m3

5.0 

μg/m3

-- 25 

μg/m3

--

PM2.5 0.3 

μg/m3

1.2 

μg/m3

PM10 1.0 

μg/m3

5.0 

μg/m3

-- -- --

Nitrogen 

Dioxide

1.0 

μg/m3

-- -- -- --

Carbon 

Monoxide -- --

0.5 

mg/m3

-- 2 

mg/m3

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. Submitted 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 ambient impact where the major source or major modification would otherwise cause or contribute to a 

violation of any national ambient air quality standard. In the absence of such emission reductions, the department shall 

deny the proposed construction.

(4) The requirements of Subsection A 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 revisions 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 the 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. 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 Benefit.

new source review pollutants which 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 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

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

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 emissions 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 increase, and a significant 

net emissions increase. The project is not a major 

modification if it does not cause a significant 

emissions increase. If the project causes a significant 

emissions increase, then the project is a major 

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 project is a major modification only if 

it also results in a significant net emissions increase.

modification only if it also 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 occur 

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 increase 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 occur 

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 

construction) 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 emissions 

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 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.

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 each 

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-potential 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 emissions 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 applicable 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 provisions 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 pollutant, 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 revision are

consistent with the federal provisions found 

in 40 CFR 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 

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.

Under Review - Revisions submitted August 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, necessary preconstruction 

approvals and/or permits 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 permits 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 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

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 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.

Approved. 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 Approved 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 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 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 to 

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 - Revisions 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 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 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 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 to 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.

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 the 

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 20.11.60.13 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 August 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 

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 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 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] 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, including 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 

CFR 51.165(a)(5)(i).
52

Table A.VI: 20.11.60.13 SOURCE OBLIGATION AND ENFORCEABLE PROCEDURES

Analysis of Revisions to 20.11.60.13 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 commences 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 become 

invalid, the determination of lowest achievable emission rate shall be reviewed and modified as appropriate before such an extension 

is granted. At such time, the owner or operator may be required to demonstrate the adequacy of any previous determination of lowest 

achievable emission rate.

No revision submitted. Language 

provided for context.
53

Table A.VII: 20.11.60.14 FUGITIVE EMISSIONS

Analysis of Revisions to 20.11.60.14 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 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;

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 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 category 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 20.11.60.15 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 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.

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 the emissions limit under the 

applicable state implementation plan (SIP) in effect at the 

time the application to construct is filed, except that the offset 

baseline shall be the actual emissions of the source from 

which offset credit is obtained where:

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 language (submitted 

August 16, 2010) consistent with 

the requirement of 40 CFR 

51.165(a)(3)(i), 

The changes in the section

20.11.60.15 (“Baseline for 

Determining Credit for Emission 

and Air Quality Offsets:”) 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)(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, emissions 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 type of fuel 

being burned at the time the permit application to construct is filed. If the existing source commits to switch to a cleaner fuel at some 

future date, emissions offset credit based on the allowable (or actual) emissions for the fuels involved is not acceptable, unless the 

permit is conditioned to require the use of a specified alternative control measure, 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 credit for fuel switches.

Approve. The additional section 

included language (submitted 

August 16, 2010) consistent with 

the federal language. The new 

language at 20.11.60.15(B)(1) and 

(2) matches requirements of 40 CFR 

51.165(a)(3)(ii)(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 planning 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 language (submitted 

August 16, 2010) consistent with 

the federal language. The new 

language at 20.11.60.15(B)(3) 

through (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 20.11.60.15 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 emissions inventory used 

to develop the attainment demonstration explicitly includes the emission from such previously shutdown or curtailed 

emission units. However in no event may credit be given for shutdowns that occurred before August 7 1977.

(b) Emissions reductions 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 another 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) [Reserved]

(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 emissions 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 proposed 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 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 the effective date of the reduction

.

This SIP approved language was 

moved from another section. 

Because this requirement was not 

found in the federal regulations it 

appears to go beyond the federal 

requirements.
56

Table A.IX: 20.11.60.16 PROVISIONS FOR PROJECTED ACTUAL EMISSIONS

Analysis of Revisions to 20.11.60.16 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 apply with respect to any regulated new source review pollutant emitted from projects at 

existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where there is a 

reasonable possibility within the meaning of 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 from these provisions will be approved 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 regulated 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 operator 

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 preconstruction 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 result 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 review 

pollutant at such emissions unit.

D. 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 Subsection C of 20.11.60.16 NMAC selling 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 emissions, 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 language consistent with 

the following federal requirements:

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.IX: 20.11.60.16 PROVISIONS FOR PROJECTED ACTUAL EMISSIONS

Analysis of Revisions to 20.11.60.16 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 project 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 emissions 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 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 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 language consistent with 

the federal provisions. 

20.11.60.16(G) matches 40 CFR 

51.165(a)(7)

Table A.X: 20.11.60.17 EMISSION OFFSET BASELINE

Analysis of Revisions to 20.11.60.17 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 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 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 implementation 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 enforceable 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 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 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 PROVISIONS FOR EMISSIONS OF 

Approve. The proposed revisions 

included language 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 20.11.60.17 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 emissions 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 granted a NOx 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 20.11.60.18 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 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 relevant permits, the 

reductions shall be approved as a revision to the state

implementation 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 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 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 relevant 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.

The new language included as 

“Emission Offset Ratios” at 

20.11.60.18 NMAC included 

detail emission offset ratios 

requirements in ozone nonattainment areas that are 

consistent with the federal 

requirements. See, 70 FR 71612 

(O3 Implementation Rule)

20.11.60.18 (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 20.11.60.18 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 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 difference 

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 

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 

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 credit 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.

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 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 difference 

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 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 

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 credit 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 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 

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)(iv). 
60

Table A.XI: 20.11.60.18 EMISSION OFFSETS

Analysis of Revisions to 20.11.60.18 NMAC – Emission Offsets EPA’s Evaluation

K. 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 emissions after the modification and the actual 

emissions before the modification for each emissions unit.

emissions after the modification 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 Subpart 

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 

nonattainment 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 least 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 emissions 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 20.11.60.18 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 PM10 PRECURSORS

Analysis of Revisions to 20.11.60.19 NMAC – PM10 Precursors EPA’s Evaluation

Under Review - Revisions submitted August 16, 2010,

20.11.60.19 PM10 PRECURSORS. The requirements of 20.11.60 NMAC applicable to major stationary sources and major 

modifications of PM10 shall also apply to major stationary sources and major modifications of PM10 precursors, except where the 

administrator determines that such sources do not contribute significantly to PM10 levels that exceed the PM10 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.XIII: 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 and 

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 requirements in 

20.11.60.15 NMAC for direct PM2.5 emissions or emissions of precursors of PM2.5 may be satisfied by offsetting reductions of direct 

PM2.5 emissions or emissions of any PM2.5 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 established 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 PM2.5

and its precursors. See 73 FR 

28321. EPA promulgated these 

requirements for PM2.5 on May 16, 

2008, in our final rule 

“Implementation of the New Source 

Review (NSR) Program for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5)”. Note this 

final rule promulgated PM2.5

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, Subpart 4. 

Please see a further discussion 

directly 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.XIII: 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 PM2.5 and its 

precursors.

Table A.XIV: 20.11.60.21 APPLICATION CONTENTS

Analysis of Revisions to 20.11.60.21 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 may 

deem an application administratively complete. All applications 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 reduction 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 TABLES

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/m3

5.0 

μg/m3

-- 25 

μg/m3

--

PM10 1.0 

μg/m3

5.0 

μg/m3

-- -- --

Nitrogen 

Dioxide

1.0 

μg/m3

-- -- -- --

Carbon 

Monoxide --

-- 0.5 

mg/m3

-- 2 

mg/m3

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/m3

5.0 

μg/m3

-- 25 

μg/m3

--

PM10 1.0 

μg/m3

5.0 

μg/m3

-- -- --

Nitrogen 

Dioxide

1.0 

μg/m3

-- -- -- --

Carbon 

Monoxide --

-- 0.5 

mg/m3

-- 2 

mg/m3

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 TABLES

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) 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;

(24) secondary metal production plants;

(25) sintering plants;

(26) sulfur recovery plants;

(27) sulfuric 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;

(24) secondary metal production plants;

(25) sintering plants;

(26) sulfur recovery plants;

(27) sulfuric acid plants;

(28) taconite ore processing plants.

The “Fugitive emission source 

categories” 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 TABLES

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 designated 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 TABLES

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 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 shall 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 the 

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

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 

offsets 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 shall 

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 the 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 

otherwise 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 TABLES

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 national ambient air quality standard for that pollutant 

is violated; and

Under Review - Revisions submitted August 16, 2010,

[D.] (4) Condition 4. Emission 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 of 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 emissions 

reductions of such air pollutant from the same source or other sources in the same nonattainment area, except that the department 

may allow the owner or operator of a source to obtain such emissions reductions in another nonattainment area if the conditions 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 nonattainment classification than the area in which the source is located.

(2) Emissions from such other area contribute to a violation of the national ambient air quality standard in the nonattainment 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 regulations at 
68

Table A.XV: 20.11.60.22 TABLES

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 proposed 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 demonstrates 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 implementation 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 

pollutants in 40 CFR Part 61or 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 general rule, such offsets 

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 shall 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 the 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 violation 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 

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.

Under Review - Revisions submitted August 16, 

2010,

[20.11.60.16 ] 20.11.60.23 ADDITIONAL 

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-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 

14, 2005

B. The department shall transmit to the administrator and any affected federal land manager a copy of each permit application and 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 at least 60 

days prior to any public hearing on the application. Additionally, the department shall notify any affected federal land manager 

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 administrator 

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 in such 

areas.

D. The department may require monitoring of visibility in any mandatory federal class I area where the department determines an 

adverse impact on visibility may occur due to the operations of the proposed new source or modification. Such monitoring shall be 

conducted following procedures approved by the department and subject to the following conditions:

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 received 

within 30 days from the date a complete application is given to the federal land 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 manager or 

give notice as to where the explanation can be obtained. In the case where the department 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 in a 

newspaper of general circulation in the area in which the proposed source would be constructed 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 will 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 compliance, 

the energy and non-air quality environmental impacts of compliance, 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 nonsubstantive.

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 reduction 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 written 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 are 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 department 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 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 

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 

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 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 criteria 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.XIII: 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.XIII: 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 approval by the 

department. Atmospheric dispersion modeling will not be required to demonstrate the net air quality benefit that occurs due to 

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 benefit will 

occur. For any case involving these pollutants where stack 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.XIX: 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 14, 

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 additional information or 

clarification, the department shall promptly review such information and determine whether the application is administratively 

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 office 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 the 

preliminary determination.

No revision submitted. 

Language provided for context.
73

Table A.XIX: 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 advertisement 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 comment at a 

public hearing as well 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 jurisdiction over 

the location where the proposed construction would occur as follows: any other state or local air pollution control agencies, the chief 

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 Indian 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 quality 

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 all 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 preconstruction information relating to the 

source.

(7) Within 90 days after the application is deemed administratively complete, unless the director grants an extension, not to exceed 90 

days for good cause:

(a) make a final determination whether construction should be approved, 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 available preconstruction information and public comments relating to the source.

Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs)

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-substantive 

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 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) 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 (PALs)

Analysis of Revisions to 20.11.60.27 NMAC – Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

term "PAL" shall mean "actuals PAL" throughout 

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 maintains 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 prior 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 or 

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 sourcewide 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 provisions 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 (PALs)

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 

this 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) 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 potential 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 

stationary source in Section 182 (c) of the federal Clean Air 

Act, an emissions unit would be a major emissions unit for 

VOC if the emissions unit is located in a serious ozone 

nonattainment 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 

this 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 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) 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 potential 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 stationary 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 (PALs)

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 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.

(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 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 that PAL 

pollutant, but less than the amount that would qualify the 

unit as a major emissions unit as defined in Paragraph (4) of 

Subsection B of 20.11.60.23 NMAC.

emissions unit for VOC if the emissions unit is located in 

a serious ozone nonattainment 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 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 or operating 

permit issued by the department, major 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 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 that PAL 

pollutant, but less than the amount that would qualify the 

unit as a major emissions unit as defined in Paragraph (4) 

of Subsection B of [20.11.60.23 NMAC] 20.11.60.27 

NMAC.
77

Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs)

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 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, shutdown 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.

Under Review - Revisions 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, 

shutdown 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 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 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 (PALs)

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 

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.

(c) The PAL permit shall contain all the requirements of 

Subsection G of 20.11.60.23 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 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 20.11.60.18 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 monitoring, 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 

emissions 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 emissions 

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 14, 

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 approval 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 (PALs)

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 

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 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 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 adding 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 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 

adding the baseline actual emissions as specified in 

Paragraph (1) of 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)(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

Under Review - Revisions submitted August 16, 2010, Approve. 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 (PALs)

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 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.

(6) The calculation procedures that the major stationary source 

owner or operator shall 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.

(7) A requirement that the major stationary source owner or 

operator monitor all emissions units in accordance with the 

provisions 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 of 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) 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] 

20.11.60.27 NMAC before the end of the PAL effective 

period, then the PAL shall not expire at the 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 

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.

(7) A requirement that the major stationary source owner or 

operator monitor 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 retained 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 (PALs)

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 stationary 

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 impose 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 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 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.

(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 causing 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 (PALs)

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 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, 

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 

determines 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, the 

source shall continue to comply with 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 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] 

20.11.60.27 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 

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 

determines 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 

provisions 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 (PALs)

Analysis of Revisions to 20.11.60.27 NMAC – Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

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.

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 

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 stationary 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 department 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 application 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 simultaneous 

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 (PALs)

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 

Subparagraph (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 the 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 

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] 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 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] 20.11.60.27 NMAC,

(i) if the potential to emit of the major 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 (PALs)

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 first.

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) 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 baseline 

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, 

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 emissions 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 

baseline 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.

20.11.60.27(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 (PALs)

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 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, 

regardless of the magnitude 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 begins 

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 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 pursuant 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 magnitude 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 

begins 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 application 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 shall 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. Citations 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)(12)(i)(A) through (D)
87

Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs)

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 system 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 Subparagraphs (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 monitoring 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 performance 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 shall 

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 PAL 

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 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 Subparagraphs (a) 

through (d) of Paragraph (2) of Subsection L of [20.11.60.23 

NMAC] 20.11.60.27 NMAC and must 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 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] 

20.11.60.27 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 shall 

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;

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 (PALs)

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, 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 sitespecific 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 

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 sitespecific 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' 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 sitespecific 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 

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 sitespecific 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' 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 
89

Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs)

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 emissions 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 20.11.60.23 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 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) Revalidation. 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.

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 potential 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 specified 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) Revalidation. 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 compliance 

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 (PALs)

Analysis of Revisions to 20.11.60.27 NMAC – Actuals Plantwide Applicability Limits (PALs) EPA’s Evaluation

(2) The PAL permit shall require an owner 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 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.

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 time 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 

monitoring 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 

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] 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 

stationary 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 shutdown 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)(ii)(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 (PALs)

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 method 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 report.

(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 identification 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 

20.11.42 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 completion 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 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 identification 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 

20.11.42 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 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 simultaneous 

formatting changes in other 

provisions of Part 60.

20.11.60.27(O)(1) through (2) 

matches 40 CFR

51.165(f)(15)(i) through (ii)
92

Table A.XX: 20.11.60.27 ACTUALS PLANTWIDE APPLICABILITY LIMITS (PALs)

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 CAA states:

Each revision to an implementation plan submitted by a State under this Act shall be adopted by such 

State after reasonable notice and public hearing. The Administrator shall not approve a revision of a 

plan if the revision would interfere with any applicable requirement concerning attainment and 

reasonable further progress (as defined in section 171), or any other applicable requirement of this Act.

Under section 110(l) of the CAA, the August 16, 2010, and July 26, 2013 SIP submittals containing 

revisions to the Albuquerque PSD Permitting Program adopted by the Albuquerque-Bernalillo County 

(AQCB) must not interfere with attainment or reasonable further progress or any other applicable 

requirement of the Act. In addition, these revisions are required to adequately implement the Albuquerque 

Permitting in Nonattainment Areas program consistent with the CAA and EPA regulations. Because the 

August 16, 2010,and June 26, 2013 SIP revision submittals 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.

III. 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 the

Albuquerque-Bernalillo County Permitting 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 addressing NOX as a precursor for ozone and identifying the precursors for PM2.5, consistent with 

EPA’s November 29, 2005 Phase 2 rule (for the 1997 ozone NAAQS) and EPA’s 2008 PM2.5 NSR rule (for the

1997 and 2006 PM2.5 NAAQS), respectively. Therefore, EPA recommends that approval of the August 16, 

2010, and the July 26, 2013 proposed revisions to Sections 1, 2, 6, 7 and 12 through 27 of 20.11.60 NMAC and 

Sections 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 submittals. 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.