New Mexico State Amendments to Part 72

(20.2.72 NMAC), Construction Permits,

submitted to EPA April 11, 2002.  

Element 7: Amendments to Part 72,

Construction Permits, State effective February

18, 2002, RE definition of the term "potential

emission rate" ‐‐ This documents contains only

the amendments to Part 72 effective February

18, 2002.  The entire submittal is available in

document EPA‐R06‐OAR‐2005‐NM‐0006‐0020

in this docket.
April 11, 2002 New Mexico State SIP Submittal: 

Element 7. Hearing Record for the hearing held by the Environmental 

Improvement Board on January 11, 2002 to consider the regulatory changes to 

20.2.72 NMAC - Construction Permits and 20.2.73 NMAC - Notice of Intent and 

Emission Inventory Requirements regarding the definition of the term "potential 

emission rate". The latter regulation was also renumbered at that time. 
NMAC TRANSMITIAL FORM 

P.O. Box 26110, 1190 St. Francis Drive, Santa Fe, New Mexico 

i:•:!ifa~~!tir~1fz2~t:£'~',k?&:;~i~~ilJ,f2fJc~gl~~1~~~~~~~;~~i2'I~~~~;J~;;~~~~sm~~~ 

E-mail eric_ames@nmenv.state.nm.us 

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

1/11/02 2/18/02 

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i 

Environmental Protection 1 Air Quality i Construction Permits 

I 

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No X Yes Please list attachments 1. 

and Internet site(s) if ------------------------

applicable 2 

3. 

Public domain 0 

Name: Dr. Hilary A. Noskin Check if delegated 

Title: 

SRC-2000-02 

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TITLE 20 

CHAPTER2 

PART 72 

TABLE OF CONTENTS 

NEW MEXICO ENVIRONMENTAL 

IMPROVEMENT BOARD 

P. 0. BOX 26110/1190 ST. FRANCIS DRIVE 

SANTA FE, NEW MEXICO 87502-0110 

ENVIRONMENTAL PROTECTION 

AIR QUALITY (STATEWIDE) 

CONSTRUCTION PERMITS 

SUBPART I- GENERAL PROVISIONS 

20.2.72.1. Issuing Agency .................................................................................................... ! 

20.2. 72.2. Scope .................................................................................................................. l 

20.2.72.3. Statutory Authority ............................................................................................. 1 

20.2.72.4. Duration .............................................................................................................. 1 

20.2. 72.5. Effective Date ..................................................................................................... ! 

20.2.72.6. Objective ............................................................................................................. ! 

20.2.72.7. Definitions .......................................................................................................... ! 

20.2.72.8. Amendment and Supersession of Prior Regulations .......................................... .4 

20.2.72.9. Documents ......................................................................................................... .4 

20.2.72.10- 20.2.72.199. [Reserved] ................................................................................. .4 

SUBPART Il- PERMIT PROCESSING AND REQUIREMENTS 

20.2.72.200. Application for Construction, Modification, NSPS, and NESHAPPermits and Revisions ......................................................................................................... .4 

20.2.72.201. New Source Review Coordination .................................................................. 5 

20.2.72.202. Exemptions ..................................................................................................... 5 

20.2.72.203. Contents of Applications ................................................................................. 7 

20.2. 72.204. Confidential Information Protection ............................................................... 9 

20.2.72.205. Construction, Modification and Permit Revision in Bernalillo County ........... 9 

20.2.72.206. Public Notice and Participation ....................................................................... 9 

20.2.72.207. Permit Decisions and Appeals ...................................................................... 10 

20.2.72.208. Basis for Denial of Permit ............................................................................. !! 

20.2.72.209. Additional Legal Responsibilities on Applicants ........................................... 12 

20.2.72.210. Permit Conditions ......................................................................................... 12 

20.2. 72.211. Permit Cancellations ..................................................................................... 13 

20.2. 72.212. Permittee's Notification Requirements to Department ................................... 13 

20.2.72.213. Startup and Followup Testing ....................................................................... 13 

20.2. 72.214. Source Class Exemption Process (Permit Streamlining) ............................... 13 

20.2. 72.215. Emergency Permit Process ............................................................................. 14 

20.2. 72.216. Nonattainment Area Requirements ................................................................ 14 

20.2. 72.217. Compliance Certifications .............................................................................. 15 

20.2. 72.218. Enforcement ................................................................................................... 15 

20.2. 72.219. Permit Revisions ........................................................................................... 15 

20.2. 72.220. General Permits .............................................................................................. l7 

20.2. 72.221. Accelerated Review ....................................................................................... 19 

20.2.72.222- 20.2.72.229. [Reserved] ............................................................................... 21 

SUBPART III- SOURCE CLASS PERMIT STREAMLINING 

20.2. 72.300. Definitions ..................................................................................................... 20 

20.2. 72 NMAC February 18, 2002 
20.2. 72.301. Applicability .................................................................................................. 21 

20.2.72.302. Contents of Application ................................................................................. 22 

20.2.72.303. Public Notice and Participation ..................................................................... 23 

20.2.72.304. Permit Decisions ............................................................................................ 24 

20.2.72.305. General Requirements ................................................................................... 24 

20.2.72.306. Source Class Requirements ............................................................................ 25 

20.2.72.307- 20.2.72.399. [Reserved] ............................................................................... 25 

SUBPART IV- PERMITS FOR TOXIC AfR POLLUTANT EMISSIONS 

20.2.72.400. Preamble ....................................................................................................... 25 

20.2.72.401. Definitions ..................................................................................................... 26 

20.2.72.402. Applicability .................................................................................................. 26 

20.2. 72.403. Contents of Application ................................................................................. 27 

20.2.72.404. Public Notice and Participation ..................................................................... 28 

20.2.72.405. Permit Decisions ........................................................................................... 28 

20.2.72.406- 20.2.72.499. [Reserved] ............................................................................... 29 

SUBPART V- APPENDIX 

20.2.72.500. Table !-Significant Ambient Concentrations ................................................. 29 

20.2.72.501. Table 2-Perrnit Streamlining Source Class Categories .................................. 30 

20.2.72.502. Toxic Air Pollutants and Emissions .............................................................. 30 

20.2.72 NMAC February 18, 2002 ii 
TITLE 20 

CHAPTER2 

PART 72 

ENVIRONMENTAL PROTECTION 

AIR QUALITY (STATEWIDE) 

CONSTRUCTION PERMITS 

20.2. 72.1 ISSUING AGENCY: Environmental Improvement Board. 

[11-30-95; 20.2.72.1 NMAC- Rn, 20 NMAC 2.72.100 2-2-01] 

20.2.72.2 SCOPE: All persons who intend to construct or modify a source, except as otherwise provided by 

this Part. 

[11-30-95; 20.2.72.2 NMAC- Rn, 20 NMAC 2.72.101 2-2-01] 

20.2. 72.3 STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Section 74-l8(A)(4) and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 74-2-

7(A)(l), (B), (C) and (D). 

[11-30-95; 20.2.72.3 NMAC- Rn, 20 NMAC 2.72.102 2-2-01] 

20.2. 72.4 DURATION: Permanent. Notwithstanding the applicability provisions of 20.2. 72.402 NMAC, 

the Department is stayed from enforcing requirements relating to asphalt fumes as a toxic air pollutant for new or 

modified sources until September 1, 1997. 

[11-30-95; A, 8-2-96; 20.2.72.4 NMAC- Rn, 20 NMAC 2.72.103 2-2-01] 

20.2.72.5 EFFECTIVE DATE: November 30, 1995 except where a later date is cited at the end of a 

section or paragraph. 

[The latest effective date of any section in this Part is February 18,2002] 

[11-30-95; A, 4-22-98; 20.2.72.5 NMAC- Rn, 20 NMAC 2.72.104 2-2-01] 

20.2.72.6 OBJECTIVE: The objective of this Part is to establish the requirements for obtaining a 

construction permit. 

[11-30-95; 20.2.72.6 NMAC- Rn, 20 NMAC 2.72.105 2-2-01] 

20.2.72.7 

Part: 

DEFINITIONS: In addition to the terms defined in 20.2.2 NMAC (Definitions) as used in this 

A. "Accelerated review" means an optional process of permit application review that allows the 

Department to utilize a qualified outside firm to assist in review of a construction permit application. 

B. "Affiliate," for the purposes of accelerated review, means a person that directly or indirectly, 

through one or more intermediaries, controls or is under common control with another person. Control includes the 

possession ofthe power to direct or cause the direction of management and policies of a person, whether directly or 

indirectly through the ownership, control or holding with the power to vote ten percent or more of the person's 

voting securities. 

C. "Air pollution control equipment" means any device, equipment, process or combination thereof 

the operation of which would limit, capture, reduce, confine, or otherwise control air contaminants or convert for the 

purposes of control any air contaminant to another fonn, another chemical or another physical state. 

D. "Ambient air" means the outdoor atmosphere, but does not include the area entirely within the 

boundaries of the industrial or manufacturing property within which the air contaminants are or may be emitted and 

public access is restricted within such boundaries. 

E. "Coal mining operation" means the business of developing, producing, preparing or loading 

bituminous coal, subbituminous coal, anthracite, or lignite, or of reclaiming the areas upon which such activities 

occur. This defmition does not include coal preparation plants. 

F. "Coal preparation plant" means any facility which prepares coal by one or more of the following 

processes: breaking, crushing, screening, wet or dry cleaning, and thermal drying. 

G. "Commencement" means that an owner or operator has undertaken a continuous program of 

construction or modification. 

H. "Conflict of interest," for the purposes of accelerated review, means any direct or indirect 

relationship between the qualified outside firm and the applicant or other interested person that would cause a 

20.2.72 NMAC February 18, 2002 
reasonable person with knowledge of the relevant facts to question the integrity or impartiality of the qualified 

outside firm in review of the application. A conflict of interest does not include any gifts, gratuities, financial or 

contractual relationship of less than one hundred dollars ($1 00) in value for the twelve month period preceding 

Department receipt of the application. A conflict of interest includes but is not limited to the following examples: 

(1) Gifts or gratuities of value have been exchanged between the qualified outside firm and the 

applicant. 

(2) The qualified outside firm has provided goods or services to the appHcant within one year prior to 

the start, or during the term, of the accelerated review process. 

(3) An express or implied contractual relationship exists between the qualified outside firm and the 

applicant and the qualified outside firm has provided goods or services to the applicant through that relationship 

within five years prior to the start of the accelerated review process. 

( 4) There is a current financial relationship between the qualified outside frrm and the applicant. 

Current financial relationships include, but are not limited to: 

(a) The qualified outside firm owes anything of value to, or is owed anything of value by the 

applicant. 

- (b) The qualified outside frrm has provided goods or services to the applicant and has issued a 

warranty or guarantee for the work that is still in effect during the time the contracted work for accelerated review is 

being performed. 

(5) A director, officer, or employee of the qualified outside firm, who will perform services under a 

contract pursuant to this section (20.2.72.221 NMAC), has one or more personal, business, or financial interests or 

relationships with the applicant or any director, officer or employee of the applicant which would cause a reasonable 

person with knowledge of the relevant facts to question the integrity or impartiality of those who are or will be acting 

under a contract. 

(6) A director, officer or employee of the qualified outside firm was a director, officer or employee of 

the applicant within one year prior to the start of the accelerated review process. 

(7) Except where allowed by the Department, communication has been made between the qualified 

outside firm and the applicant regarding the substance of the appUcation before a qualified outside firm has been 

selected to perform accelerated review of an application. Direct communication between the qualified outside firm 

and the applicant may take place once the qualified outside firm has been selected by the Department. 

(8) Any affiliate of the applicant has any of the above identified relationships with the qualified 

outside firm. 

(9) Any affiliate of the qualified outside firm has any of the above identified relationships with the 

applicant. 

(10) Any affiliate of the applicant has any of the above identified relationships with any affiliate of 

the qualified outside firm. 

I. "Construction" means fabrication, erection, installation or relocation of a stationary source, 

including but not limited to temporary installations and portable stationary sources. 

J. "Emergency" means unforeseen circumstances resulting in an imminent and substantial 

endangerment to health, safety, or welfare which requires immediate action. 

K. "Federally enforceable" means all limitations and conditions which are enforceable by the 

administrator of the US EPA, 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. 

L. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening. 

M. "Hazardous air pollutant" means an air contaminant which has been classified as a "hazardous 

air pollutant" by the administrator of the US EPA and is subject to a NESHAP. 

N. "Interested person," as used in the definition of conflict of interest, means any person, other than 

the Department, that is reasonably expected to provide or has provided substantive comment or technical evidence 

on the permit application. 

0. "Malfunction" means any sudden and unavoidable failure of air pollution control equipment, 

process equipment, or process to operate in an expected manner. Failures that are caused entirely or in part by poor 

20.2.72 NMAC February 18, 2002 2 
maintenance, careless operation, or any other preventable equipment breakdown shall not be considered a 

malfunction. 

P. "Modification" means any physical change in, or change in the method of operation of, a 

stationary source which results in an increase in the potential emission rate of any regulated air contaminant emitted 

by the source or which results in the emission of any regulated air contaminant not previously emitted, but does not 

include: 

(1) a change in ownership of the source; 

(2) routine maintenance, repair or replacement; 

(3) installation of air pollution control equipment, and all related process equipment and materials 

necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or 

pursuant to the Federal Act; or 

(4) unless previously limited by enforceable permit conditions: 

(a) an increase in the production rate, if such increase does not exceed the operating design 

capacity of the source; 

(b) an increase in the hours of operation; or 

(c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was capable 

of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any natural gas 

curtailment or emergency allocation or any other lack of supply of natural gas. 

Q. "National Ambient Air Quality Standard" means, unless otherwise modified, the primary 

(health-related) and secondary (welfare-based) federal ambient air quality standards promulgated by the US EPA 

pursuant to Section 109 ofthe Federal Act. 

R. "National Emission Standards for Hazardous Air Pollutants" or "NESHAP" mean the 

regulatory requirements, guidelines and emission limitations promulgated by the US EPA pursuant to Section 112 of 

the Federal Act. 

S. "New Source Performance Standard" or "NSPS" means the regulatory requirements, 

guidelines and emission limitations promulgated by the US EPA pursuant to Section 111 ofthe Federal Act. 

T. "Nonattainment area" means for any air contaminant 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 or New Mexico ambient air quality standard for such contaminant. Such term includes any areas 

identified under Sub-paragraphs (A) through (C) of Section 107 (d)(l) ofthe Federal Act. 

U. "Operator" means the person or persons responsible for the overall operation of a facility. 

V. "Owner" means the person or persons who own a facility or part of a facility. 

W. "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico 

Administrative Code, unless otherwise noted; as adopted or amended by the Board. 

X. "Portable stationary source" means a source which can be relocated to another operating site 

with limited dismantling and reassembly, including for example but not limited to moveable sand and gravel 

processing operations and asphalt plants. 

Y. "Potential emission rate" means the emission rate of a source at its maximum capacity to emit a 

regulated air contaminant under its physical and operational design, provided any physical or operational limitation 

on the capacity of the source to emit a regulated air contaminant, 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 physical and operational design only if the limitation or the effect it would have on emissions is 

enforceable by the department pursuant to the Air Quality Control Act or the federal Act. 

Z. "Qualified outside firm" means any person who has entered into a contract with the Department 

to provide assistance in the accelerated review of construction permit applications. 

AA. "Regulated air contaminant" means, any air contaminant, the emission or ambient concentration 

of which is regulated pursuant to the New Mexico Air Quality Control Act or the Federal Act. 

BB. "Shutdown" means the cessation of operation of any air pollution control equipment, process 

equipment or process for any purpose, except routine phasing out of batch process units. 

CC. "Standard Industrial Classification" or "SIC" means the code from the classification manual 

created by the Executive Office of the President-Office of Management and Budget, which categorizes industrial, 

manufacturing and commercial facilities, as listed in the Standard Industrial Code Manual published by the U.S. 

Government Printing Office, Washington D.C. 1972. 

20.2. 72 NMAC February 18, 2002 3 
DD. "Startup" means the setting into operation of any air pollution control equipment, process 

equipment or process for any purpose, except routine phasing in of batch process units. 

EE. "Stationary source" or "source" means any building, structure, equipment, facility, installation 

(including temporary installations), operation or portable stationary source which emits or may emit any air 

contaminant. Any research facility may group its sources for the purpose of this Part at the discretion of the 

Secretary. 

[11-30-95; 20.2.72.7 NMAC- Rn, 20 NMAC 2.72.107 2-2-01; A, 03-30-01; A, 02-18-02] 

20.2.72.8 AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS: This Part amends and 

supersedes Air Quality Control Regulation ("AQCR") 702- Permits, filed May 29, 1990, as amended ("AQCR 

702"). 

A. All references to AQCR 702 in any other rule shall be construed as a reference to this Part. 

B. The amendment and supersession of AQCR 702 shall not affect any administrative or judicial 

enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant 

to AQCR 702. 

[11-30-95; 20.2.72.8 NMAC- Rn, 20 NMAC 2.72.106 2-2-01] 

20.2.72.9 DOCUMENTS: Documents incorporated and cited in this Part may be viewed at the New Mexico 

Environment Department, Air Quality Bureau, Harold Runnels Building, I J 90 St. Francis Drive, Santa Fe, NM 

87505. 

[11-30-95; 20.2.72.9 NMAC- Rn, 20 NMAC 2.72.108 2-2-0l] 

20.2.72.10- 20.2.72.199 [RESERVED] 

20.2. 72.200 APPLICATION FOR CONSTRUCTION, MODIFICATION, NSPS, AND NESHAPPERMITS AND REVISIONS: 

A. Permits must be obtained from the Department by: 

(1) Any person constructing a stationary source which has a potential emission rate greater than 10 

pounds per hour or 25 tons per year of any regulated air contaminant for which there is a National or New Mexico 

Ambient Air Quality Standard. If the specified threshold in this subsection is exceeded for any one regulated air 

contaminant, all regulated air contaminants with National or New Mexico Ambient Air Quality Standards emitted are 

subject to permit review. Within this subsection, the potential emission rate for nitrogen dioxide shall be based on 

total oxides of nitrogen; 

(2) Any person modifying a stationary source when all of the pollutant emitting activities at the entire 

facility, either prior to or following the modification, emit a regulated air contaminant for which there is a National 

or New Mexico Ambient Air Quality Standard with a potential emission rate greater than 10 pounds per hour or 25 

tons per year and the regulated air contaminant is emitted as a result of the modification. If the specified threshold in 

this subsection is exceeded for any one regulated air contaminant, all regulated air contaminants with National or 

New Mexico Ambient Air Quality Standards emitted by the modification are subject to permit review. Within this 

subsection, the potential emission rate for nitrogen dioxide shall be based on total oxides of nitrogen; 

(3) Any person constructing or modifying any source or installing any equipment which is subject to 

20.2.77 NMAC (New Source Performance Standards), 20.2.78 NMAC (Emission Standards for Hazardous Air 

Pollutants), or any other New Mexico Air Quality Control Regulation which contains emission limitations for any 

regulated air contaminant; 

(4) For toxic air pollutants, see 20.2.72.400 NMAC- 20.2.72.499 NMAC; 

(5) Any person constructing a stationary source which has a potential emission rate for lead greater 

than 5 tons per year or modifying a stationary source which either prior to or following the modification has a 

potential emission rate for lead greater than 5 tons per year; or 

(6) Sources which are major sources of hazardous air pollutants by the definitions in 20.2.83 NMAC 

(Construction or Modification of Major Sources of Hazardous Air Pollutants). 

B. Fugitive dust emissions from a coal mining operation shall not be subject to the requirements of 

Paragraph 1 of Subsection A of20.2.72.200 NMAC. Note: New coal mining operations are required to have an 

approved air pollution control plan for fugitive dust emissions by the New Mexico Surface Coal Mining 

Commission. 

20.2.72 NMAC February 18, 2002 4 
C. Any source or modification meeting the applicability requirements of this Part, but which is a 

major stationary source or a major modification as defined in 20.2.74 NMAC, shall in addition be subject to 20.2.74 

NMAC (Prevention of Significant Deterioration). 

D. Any source or modification meeting the applicability requirements of this Part but which is a major 

stationary source or a major modification as defined in 20.2. 79 NMAC, shall in addition be subject to 20.2. 79 

NMAC (Permits- Nonattainment Areas). 

E. For all sources subject to this Part, applications for permits shall be filed prior to the 

commencement ofthe construction, modification or installation. Regardless of the anticipated commencement date, 

no construction, modification or installation shall begin prior to issuance of the permit. 

F. Temporary installations and portable stationary sources are subject to this Part. 

G. If a source consists of more than one unit, a separate permit may be required for each unit which is 

not substantially interrelated with another unit. A common connection leading to ductwork, pollution control 

equipment or a single stack shall not, by itself, constitute a substantial interrelationship. 

H. Any source which previously did not require a permit because it was in existence before August 

31, 1972 shall be subject to the requirements of this Part if operations cease for a period of five years or more and 

the source has a potential emission rate greater than 10 pounds per hour or 25 tons per year of any regulated air 

contaminant for which there is a National or New Mexico Ambient Air Quality Standard. 

I. Any source meeting the applicability requirements of this Part, but which is a major source of 

hazardous air pollutants, shall in addition be subject to 20.2.83 NMAC (Construction or Modification of Major 

Sources ofHazardous Air Pollutants). 

[11-30-95] 

20.2.72.201 NEW SOURCE REVIEW COORDINATION: In cases where the new source review 

requirements of either 20.2.74 NMAC, 20.2.77 NMAC, 20.2.78 NMAC, 20.2.79 NMAC, or 20.2.83 NMAC 

(Construction or Modifications of Major Sources of Hazardous Air Pollutants) apply to a new stationary source or 

modification in addition to this Part, the following provisions apply: 

A. Only one permit application shall be submitted. The applicant shall submit a sufficient number of 

copies to meet the requirement of the applicable Part which requires the most copies; 

B. The application shall be ruled administratively complete when information required by all 

applicable Parts has been submitted; 

C. Definitions and requirements of each applicable Part are applied separately and do not supersede 

each other; and 

D. After the requirements of all applicable Parts are met, only one permit shall be issued. 

[11-30-95; A, 1-1-00] 

20.2.72.202 EXEMPTIONS: The following exemptions are made to the following requirements of 

20.2.72.200 NMAC- 20.2.72.299 NMAC. The exemptions in this section do not apply to emissions oftoxic air 

pollutants listed under 20.2. 72.502 NMAC, do not alter the calculation of the potential emissions of toxic air 

pollutants for applicability under 20.2.72.402 NMAC. and do not exempt the Department or the owner or operator of 

any source from any requirement under 20.2.72.403 NMAC, 20.2.72.404 NMAC, or 20.2.72.405 NMAC. 

A. The following sources and activities shall not be reported in the permit application. Emissions 

from such activities shall not be included in the calculation of facility-wide potential emission rate under Paragraphs 

1 or 2 of Subsection A of 20.2.72.200 NMAC. Such activities may be commenced or changed without a permit or 

permit revision under 20.2.72.200 NMAC- 20.2.72.299 NMAC: 

(1) Activities which occur strictly for maintenance of grounds or buildings, including: lawn care, pest 

control, grinding, cutting, welding, painting, woodworking, sweeping, general repairs, janitorial activities, and 

building roofing operations; 

(2) Activities for maintenance of equipment or pollution control equipment, either inside or outside of 

a building, including cutting, welding, and grinding, but excluding painting; 

(3) Exhaust emissions from forklifts, courier vehicles, front end loaders, graders, carts, maintenance 

trucks, and fugitive emissions from fleet vehicle refueling operations, provided such emissions are not subject to any 

requirements under this Chapter (Air Quality), NSPS or NESHAP; 

(4) Use of fire fighting equipment and fire fighting training; 

20.2.72 NMAC February 18, 2002 5 
(5) Government military activities such as field exercises, explosions, weapons testing and demolition 

to the extent that such activities: 

systems; 

(a) Do not result in visible emissions entering publicly accessible areas; and 

(b) Are not subject to a NSPS or NESHAP; 

(6) Office activities, such as photocopying; 

(7) Test drilling for characterization of underground storage tank and waste disposal sites; 

(8) Non-anthropogenic wind blown dust; 

(9) Residential activities such as use of fireplaces, woodstoves, and barbecue cookers; 

(10) Gases used to calibrate plant instrumentation, including continuous emission monitoring (CEM) 

(II) Food service, such as cafeteria activities; 

(12) Automotive repair shop activities, except painting and use of solvents; 

(13) Use of portable aerospace ground equipment (such as power generators, compressors, heaters, 

air conditioners, lighting units) in direct support of aircraft operations and on or in the immediate vicinity of an 

airfield; 

(14) Activities which occur strictly for preventive maintenance of highway bridges, displays and 

water towers, including: grinding, cutting, welding, painting, and general repairs; 

(15) The act of repositioning or relocating equipment, pipes, ductwork, or conveyors within the plant 

site, but only when such change in physical configuration does not: 

(a} Reposition or relocate any source of air emissions or the emission points from any such 

source; or 

(b) Increase the amount of air emissions or the ambient impacts of such emissions. 

B. The presence of the following new or modified sources and activities at the facility shall be 

reported as provided for in the permit application forms supplied by the Department. Emissions from such sources 

and activities shall not be included in the calculation of facility-wide potential emission rate under Paragraphs 1 or 2 

of Subsection A of20.2.72.200 NMAC. Construction of such sources or commencement of such activities after 

issuance of the pennit shall be subject to the administrative permit revision procedures in 20.2.219 NMAC. 

(I) Fuel burning equipment which is used solely for heating buildings for personal comfort or for 

producing hot water for personal use and which: 

(a) Uses gaseous fuel and has a design rate less than or equal to five (5) million BTU per hour; 

or 

(b) Uses distillate oil (not including waste oil) and has a design rate less than or equal to one 

(1) million BTU per hour; 

(2) VOC emissions resulting from the handling or storing of any VOC if: 

(a) Such VOC has a vapor pressure ofless than two tenths (0.2) PSI at temperatures at which 

the compound is stored and handled; and 

(b) The owner or operator maintains sufficient record keeping to verify that the requirements of 

Sub-paragraph (a) ofthis paragraph are met; 

(3) Standby generators which are: 

(a) Operated only during the unavoidable loss of commercial utility power; 

(b) Operated less than 500 hours per year; and 

(c) Either are: 

i. The only source of air emissions at the site; or 

ii. Accompanied by sufficient record keeping to verify that the standby generator is 

operated less than 500 hours per year; 

( 4) The act of repositioning or relocating sources of air emissions or emissions points within the plant 

site, but only when such change in physical configuration does not increase air emissions or the ambient impacts of 

such emissions; 

(5) Any emissions unit, operation, or activity that has a potential emission rate of no more than onehalf(l/2) ton per year of any pollutant for which a National or New Mexico Ambient Air Quality Standard has been 

set or one-half( 112) ton per year of any VOC. Multiple emissions units, operations, and activities that perform 

identical or similar functions shall be combined in determining the applicability of this exemption; 

(6) Surface coating of equipment, including spray painting, roll coating, and painting with aerosol 

spray cans, if: 

20.2.72 NMAC February 18,2002 6 
(a) The potential emission rate ofVOCs do not exceed ten (10) pounds per hour; 

(b) The facility-wide total VOC content of all coating and clean-up solvent use is less than two 

(2) tons per year; and 

(c) The owner or operator maintains sufficient record keeping to verify that the requirements in 

Sub-paragraphs (a) and (b) ofthis paragraph are met; 

(7) Particulate emissions resulting from abrasive blasting operations, if: 

(a) Blasting operations are entirely enclosed in a building; and 

(b) No visible particulate emissions are released from the building. 

C. For sources and units subject to 40 CFR Part 60 (NSPS), 40 CFR Part 61 (NESHAP) or other 

Parts of this Chapter (Air Quality), except 40 CFR Part 60 Subparts I (asphalt plants) and 000 (rock crushers), 40 

CFR Part 61 Subpart C (Beryllium), and 40 CFR Part 61 Subpart D (Beryllium Rocket Motor Firing): 

(1) Such sources and units shall be exempt from the applicability requirements in Paragraph 3 of 

Subsection A of 20.2.72.200 NMAC if such sources or units: 

(a) Are included in a Notice of Intent filed under 20.2.73 NMAC (Notice of Intent and 

Emissions Inventory); or 

(b) Have met the notification requirements to which they are subject under NSPS or NESHAP; 

and 

(2) Applicability determinations under Paragraphs 1 and 2 of Subsection A of20.2.72.200 NMAC 

shall take into account all federally enforceable emission limits established for such sources or units under NSPS, 

NESHAP and other Parts of this Chapter. 

D. Portable Source Relocation. For a portable source which has been issued a permit under this Part: 

(l) Such source may relocate without undergoing a permit revision if: 

(a) The source is installed in a manner conforming with the initial permit; 

(b) The source continues to meet all applicable emission limitations and permit conditions; and 

(c) The source meets the applicable requirements in Paragraphs 2 and 3 of Subsection D of 

20.2.72.202 NMAC below; 

(2) For each portable compressor engine which has been issued a streamlined permit in accordance 

with Paragraph I of Subsection D of20.2.72.30 1 NMAC, the owner or operator shall complete the appropriate 

forms provided by the Department and maintain such records on file for at least two (2) years; 

(3) For all other portable sources, including but not limited to rock crushers and asphalt plants: 

(a) The owner or operator shall notify the Department, on the form provided by the 

Department, at least fifteen ( 15) days prior to beginning installation at the new location; 

(b) Operation at a new location of such source shall not commence until the Department has 

approved the relocation in writing; 

(c) The Department shall not approve the relocation if it would result in exceedances of any 

National or New Mexico Ambient Air Quality Standard at the new location; and 

(d) The Department shall approve, deny, or approve with conditions, the relocation request 

within fifteen (15) days of receipt of the notice form. 

[11-30-95; A, 1-7-98; A. 2-8-98] 

20.2.72.203 CONTENTS OF APPLICATIONS: 

A. Any person seeking a permit under Subsection A of20.2.72.200 NMAC shall do so by filing a 

written application with the Department. The applicant shall submit the number of copies of the permit application 

specified in the applicable application form. The items of this section, if requested on the applicable application 

fonn, are required before the Department may deem an application administratively complete. The items may be 

modified by the Department, as appropriate, for emergency permits processed under 20.2. 72.215 NMAC. All 

applications shall, as required by the Department: 

(1) Be filled out on the form(s) furnished by the Department; 

(2) State the applicant's name and address, together with the names and addresses of all owners or 

operators of the source, and the applicant's state of incorporation or principal registration to do business; 

(3) Provide all information, including all calculations and computations, to describe the specific 

chemical and physical nature and to estimate the maximum quantities of any regulated air contaminants the source 

will emit through routine operations after construction, modification or installation is completed, and estimate 

maximum potential emissions during malfunction, startup, shutdown. With respect to a toxic air pollutant as defined 

20.2.72 NMAC February 18, 2002 7 
by Subsection H of20.2.72.40 I NMAC this requirement only applies when the toxic air pollutant is emitted in such 

a manner that a permit is required under the provisions of20.2.72.400 NMAC- 20.2.72.499 NMAC; 

(4) Contain a regulatory compliance discussion demonstrating compliance with each applicable air 

quality regulation, ambient air quality standard, prevention of significant deterioration increment, and provision of 

20.2.72.400 NMAC- 20.2.72.499 NMAC. The discussion must include an analysis, which may require use of US 

EPA-approved air dispersion model(s), to (I) demonstrate that emissions from routine operations will not violate any 

New Mexico or National Ambient Air Quality Standard or prevention of significant deterioration increment, and (2) 

if required by 20.2.72.400 NMAC- 20.2. 72.499 NMAC, estimate ambient concentrations of toxic air pollutants. 

(5) Provide a preliminary operational plan defining the measures to be taken to mitigate source 

emissions during malfunction, startup or shutdown; 

(6) Include a topographical map, at least as detailed as the 7.5 minute Topographic Quadrangle map 

published by the United States Geological Survey, showing the exact location and geographical coordinates of the 

proposed construction, modification or installation of the source; 

(7) Include a process flow sheet, including a material balance, and a site diagram of all components 

and locations of emissions to the atmosphere of the facility which would be involved in routine operations and 

emissions; 

(8) Include a full description, including all calculations of controlled and uncontrolled emissions and 

the basis for all control efficiencies presented, of the equipment to be used for air pollution control, including a 

process flow sheet, or, if the Department so requires, layout and assembly drawings; 

(9) Include a description of the equipment or methods proposed by the applicant to be used for 

emission measurement; 

(10) State the maximum and standard operating schedules of the source after completion of 

construction, modification or installation or after permit revision in terms of which and how many hours per day, 

days per week, days per month and days per year; 

(11) Contain such other specifically identified relevant information as the Department may reasonably 

require; 

• (12) Be notarized and signed under oath or affirmation by the operator, the owner or an authorized 

'representative, certifying, to the best of his or her knowledge, the truth of all information in the application and 

addenda, if any; 

(13) Contain payment of any fees which are specified in 20.2.75 NMAC (Construction Permit Fees) 

as payable at the time the application is submitted; 

(14) Contain documentary proof of applicant's public notice, if applicable, as specified in Subsection 

B of20.2.72.203 NMAC; and 

(15) At the sole discretion of the applicant, contain a request for accelerated review of the application. 

B. The applicant's public notice for technical permit revisions shall be as specified in Paragraph 6 of 

Subsection B of20.2.72.219 NMAC. The applicant's public notice for a permit or significant permit revision shall 

be: 

(1) Provided by certified mail, to the owners of record, as shown in the most recent property tax 

schedule, of all properties: 

(a) Within one hundred (1 00) feet of the property on which the facility is located or proposed 

to be located, if the facility is or is proposed to be located in a Class A or Class H county or a municipality with a 

population of more than two thousand five hundred (2500) persons; or 

(b) Within one-half(Yz) mile ofthe property on which the facility is located or is proposed to 

be located if the facility is or will be in a county or municipality other than those specified in Sub-paragraph (a) of 

Paragraph I of Subsection B of20.2.72.203 NMAC; 

(2) Provided by certified mail to all municipalities and counties in which the facility is or will be 

located and to all municipalities, Indian tribes, and counties within a ten (1 0) mile radius of the property on which 

the facility is proposed to be constructed or operated; 

(3) Published once in a newspaper of general circulation in each county in which the property on 

which the facility is proposed to be constructed or operated is located. This notice shall appear in either the 

classified or legal advertisements section of the newspaper and at one other place in the newspaper calculated to give 

the general public the most effective notice and, when appropriate, shall be printed in both English and Spanish; 

(4) Posted in at least four (4) publicly accessible and conspicuous places, including: 

20.2. 72 NMAC February 18, 2002 8 
(a) The proposed or existing facility entrance on the property on which the facility is, or is 

proposed to be, located, until the permit or significant permit revision is issued or denied; and 

(b) Three (3) locations commonly frequented by the general public, such as a nearby post 

office, public library, or city hall; and 

(5) Submitted as a public service announcement to at least one radio or television station which serves 

the municipality or county in which the source is or is proposed to be located. 

C. The notice specified in Paragraphs I through 4 of Subsection B of20.2.72.203 NMAC shall 

contain the following: 

(1) The applicant's name and address, together with the names and addresses of all owners or 

operators of the facility or proposed facility; 

(2) The actual or estimated date that the application was or will be submitted to the Department; 

(3) The exact location of the facility or proposed facility; 

(4) A description of the process or change for which a permit is sought, including an estimate ofthe 

maximum quantities of any regulated air contaminant the source will emit after proposed construction is complete or 

permit is issued; 

(5) The maximum and standard operating schedules ofthe facility after completion of proposed 

construction or permit issuance; and 

(6) The current address of the Department to which comments and inquiries may be directed. 

D. The public service announcement request specified in Paragraph 5 of Subsection B of 20.2. 72.203 

NMAC shall contain the following information about the facility or proposed facility: 

(1) The name, location, and type ofbusiness; 

(2) The name of the principal owner or operator; 

(3) The type of process or change for which a permit is sought; 

(4) Locations where the notices required under Paragraph 4 of Subsection B of20.2.72.203 NMAC 

have been posted; and 

(5) The address or telephone number at which comments and inquires may be directed to the 

Department. 

E. Changing, Supplementing or Correcting Applications 

(1) Prior to a final decision on an application. the applicant shall have a duty to promptly supplement 

and correct information submitted in the application. The duty to supplement shall include relevant information 

thereafter acquired or otherwise determined to be relevant. 

(2) If, while processing an application. regardless of whether it has been determined to be 

administratively complete. the Department determines that additional information is necessary to evaluate or take 

final action on that application, it may request such information. The request shall be in writing, identify the 

additional infom1ation requested and the need for the additional information, and set a reasonable deadline for a 

response. The applicant shall submit the requested information in writing on or before the deadline set by the 

Department. 

[11-30-95; A, 1-7-98; A. 1-1-00; 20.2.72.203 NMAC- A, 03-30-0l] 

20.2.72.204 CONFIDENTIAL INFORMATlON PROTECTION: All confidentiality claims made 

regarding material submitted to the Department under this Part shall be reviewed under the provisions of 20.2.1 

NMAC (General Provisions). 

[11-30-95] 

20.2.72.205 CONSTRUCTION, MODIFICATION AND PERMIT REVISION IN BERNALILLO 

COUNTY: For the construction or modifications of sources within Bernalillo County, the applicant shall make such 

applications to the air quality control staff of the joint Albuquerque-Bernalillo County Air Quality Control Board, 

unless that board loses, rejects or fails to exercise authority for the administration and enforcement of the Air Quality 

Control Act, at which time this Part shall apply in full in Bernalillo County. 

[11-30-95] 

20.2.72.206 

A. 

(1) 

20.2.72 NMAC 

PUBLIC NOTICE AND PARTICIPATION: 

The Department shall: 

Make available for public inspection a list of all pending applications for permits or permit 

February 18, 2002 9 
revisions; 

(2) Make available for public inspection the pennit application and the Department's preliminary 

determination. This material shall be available both at the Department's central office and the district or field office 

nearest to the proposed source. Copies of any permit application, except those portions of which may be determined 

as confidential in accordance with 20.2.1 NMAC (General Provisions), will be supplied upon written request and 

payment of reasonable costs; 

(3) Subsequent to an affirmative administrative completeness determination, publish a public notice 

in a newspaper of general circulation in the area closest to the location of the source. The notice shall include: the 

applicant's name and address, the location and brief description of the source, a summary of estimated emissions and 

ambient impact, and the Department's preliminary intent to issue the permit if the construction or modification 

requested in the application will comply with air quality requirements, including ambient standards. The notice shall 

identify the location of the permit application and Department's Analysis (when available) for public review and 

describe the manner in which comments or evidence may be submitted to the Department, including that persons 

must inform the Department in writing of their interest in the permit application in order to have a 30 day period to 

review and comment on the analysis under Subsection B of20.2.72.206 NMAC below. The notice shall clearly state 

that any person who does not express such interest in writing prior to the end of the initial 30 day comment period 

will not receive notification of the availability of the analysis and thus forewarn such person of the need to express 

interest in writing if they desire to review and comment on the analysis; 

(4) Provide the notice under Paragraph 3 of Subsection A of20.2.72.206 NMAC above by mail, 

which may include electronic mail, to all individuals and organizations identified on a list maintained by the 

Department of those who have indicated in writing a desire to receive notices of all applications under this Part; 

(5) Allow all interested persons thirty (30) days from the date the public notice is published to 

express an interest in writing in the permit application; 

(6) Mail written notice of the action taken on a permit application to any person who expresses an 

interest in writing in the application; and 

(7) Mail a copy of the public notice at the same time it is sent for publication to the appropriate 

agency in the following locations if the source will locate within fifty kilometers of the boundary of other states, 

Bernalillo County, or a Class I area. Copies of all public notices shall be sent to US EPA Region VI, if requested by 

US EPA. 

B. In the event that any person expresses an interest in writing in the permit application, the 

Department shall also: 

(1) Notify each person who expressed an interest in writing in the permit application of the date and 

the location that the Department's Analysis was or will be available for review; and 

(2) Not issue the permit until at least thirty (30) days after the Department's Analysis is available for 

review. During this thirty (30) day period, any person may submit written public comments or request a public 

hearing. 

C. The Department shall hold a public hearing if the Secretary detennines that there is a significant 

public interest. Public hearings shall be held in the geographic area likely to be impacted by the source. The time, 

date, and place of the hearing shall be determined by the Department. The Department shall give notice of the 

hearing to the applicant and the public. The Secretary may appoint a hearing officer. A transcript of the hearing 

shall be made at the request of either the Department or the applicant and at the expense of the person requesting the 

transcript. At the hearing, all interested persons shall be given a reasonable chance to submit data, views or 

arguments orally or in writing and to examine witnesses testifYing at the hearing. 

[11-30-95; 20.2.72.206 NMAC- A, 2-2-01] 

20.2.72.207 PERMIT DECISIONS AND APPEALS: 

A. The Department shall, within thirty (30) days after its receipt of an application for a permit or 

significant permit revision, 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. 

20.2.72 NMAC February 18, 2002 10 
(3) administratively complete but no permit is required, a letter shall be sent by certified mail to the 

applicant informing the applicant of the dete1mination. 

B. The Department shall either grant, grant subject to conditions or deny the permit or significant 

permit revision: 

(1) within ninety (90) days after the Department deems the application administratively complete, if 

the application is not subject to the requirements of20.2.74 NMAC (Prevention of Significant Deterioration); or 

(2) within one hundred eighty (180) days after the Department deems the application administratively 

complete, if the application is subject to the requirements of 20.2.74 NMAC (Prevention of Significant 

Deterioration). 

C. If the Department fails to take action on the application within the deadlines specified in 

Subsection B of20.2.72.207 NMAC, the Department shall notify the applicant by certified mail that an extension of 

time is necessary to process the application and shall specify, in detail, the grounds for the extension. The Secretary 

may grant an extension, not to exceed ninety (90) days, to the deadlines specified in Subsection B of20.2.72.207 

NMAC, if the Secretary determines that good cause exists for the extension. The Secretary shall notify the applicant 

by certified mail of the decision on the extension. If the Secretary grants the extension, the notification shall include 

the length of the extension and the reasons therefore. The authority under this paragraph may be delegated by the 

Secretary only to the Deputy Secretary or a Division Director. Examples of good cause for extension include, but 

are not limited to: 

(1) the need to have public hearings; 

(2) a health assessment is required under 20.2.72.400 NMAC- 20.2. 72.499 NMAC; 

(3) the permit application is subject to the requirements of20.2.79 NMAC (Permits- Nonattainment 

Areas); 

(4) additional time is needed to complete the requirements for federal review specified in 20.2.74.403 

NMAC; 

(5) the permit application requires review of unusually complex technical and regulatory issues; or 

(6) the Department is unable to complete review of information submitted, because of the timing and 

scope ofthe submittal. 

D. The Department shall grant the permit, grant the permit subject to conditions, or deny the permit 

based on infonnation contained in the Department's administrative record. The administrative record shall consist of 

the application, any other evidence submitted by the applicant, any evidence or written comments submitted by 

interested persons, any other evidence considered by the Department, a statement of matters officially noticed, and if 

a public hearing is held, the evidence submitted at the hearing. The applicant has the burden of demonstrating that a 

permit or permit revision should be approved. 

E. Any person who participated in a permitting action before the Department shall be notified by the 

Department of the action taken and the reasons for the action. Notification of the applicant shall be by certified mail. 

F. Any person who participated in a permitting action before the Department and who is adversely 

affected by such permitting action may file a petition for hearing before the board. The petition shall be made in 

writing to the board within thirty (30) days from the date notice is given of the Department's action and shall specify 

the portions of the permitting action to which the petitioner objects, certify that a copy of the petition has been 

mailed or hand-delivered as required by this paragraph, and attach a copy of the permitting action for which review 

is sought. Unless a timely request for hearing is made, the decision of the Department shall be final. The petition 

shall be copied simultaneously to the Department upon receipt ofthe appeal notice. If the petitioner is not the 

applicant or permittee, the petitioner shall mail or hand-deliver a copy of the petition to the applicant or permittee. 

The Department shall certify the administrative record to the board. 

G. !fa timely request for a hearing is made, the board shall hold a hearing within sixty (60) days of 

receipt of the petition in accordance with Section 74-2-7 of the New Mexico Air Quality Control Act, NMSA 1978. 

H. Any person adversely affected by an administrative action taken by the board may appeal in 

accordance with Section 74-2-9 of the New Mexico Air Quality Control Act, NMSA 1978. 

[11-30-95; A, 1-7-98; A, 1-1-00] 

20.2. 72.208 BASIS F'OR DENIAL OF PERMIT: The Department shall deny any application for a permit or 

permit revision if considering emissions after controls: 

A. It appears that the construction, modification or permit revision will not meet applicable 

regulations adopted pursuant to the Air Quality Control Act; 

20.2.72 NMAC February 18, 2002 11 
B. The source will emit a hazardous air pollutant or an air contaminant in excess of any applicable 

New Source Performance Standard or National Emission Standard for Hazardous Air Pollutants or a regulation of 

the board; 

C. For toxic air pollutants, see 20.2. 72.400 NMAC- 20.2.72.499 NMAC; 

D. The construction, modification, or permit revision will cause or contribute to air contaminant 

levels in excess of any National Ambient Air Quality Standard or New Mexico Ambient Air Quality Standard unless 

the ambient air impact is offset by meeting the requirements of either 20.2.79 NMAC or 20.2.72.216 NMAC, 

whichever is applicable; 

E. The construction, modification, or permit revision would cause or contribute to ambient 

concentrations in excess of a Prevention of Significant Deterioration (PSD) increment; 

F. Any provision of the Air Quality Control Act will be violated; 

G. It appears that the construction of the new source will not be completed within a reasonable time; 

or 

H. The Department chooses to deny the application due to a conflict of interest in accelerated review 

as provided for under Subsection C of20.2.72.221 NMAC. 

[11-30-95; A, 1-1-00; 20.2.72.208 NMAC- A, 03-30-01] 

20.2. 72.209 ADDITIONAL LEGAL RESPONSIBILITIES ON APPLICANTS: The issuance of a permit 

does not relieve any person from civil or criminal liability for failure to comply with the provisions of the Air Quality 

Control Act, the Federal Act, federal regulations thereunder, any applicable regulations of the board, and any other 

applicable law or regulation. 

[ 11-30-95] 

20.2.72.210 PERMIT CONDITIONS: 

A. The contents of the application specifically identified by the Department shall become terms and 

conditions of the permit or permit revision. 

B. The Department shall, as appropriate, specify conditions upon a permit, including: 

(1) Placement of individual emission limits determined on a case-by-case basis on the source for 

which the permit is issued, but such individual emission limits shall be only as restrictive as the more stringent of the 

following: 

(a) The extent necessary to meet the requirements of the Air Quality Control Act and the 

Federal Act; or 

(b) The emission rate specified in the permit application; 

(2) A requirement that such source install and operate control technology, determined on a 

case-by-case basis, sufficient to meet the requirements of the Air Quality Control Act and the Federal Act and regulations promulgated under either; 

(3) Compliance with applicable NSPS and NESHAP; 

( 4) Imposition of reasonable restrictions and limitations other than restrictions and limitations relating 

to emission limits or emission rates; or 

(5) Any combination ofthe above; 

(6) In the case of a modification, the requirements of Subsection B of20.2.72.210 NMAC apply only 

to the facility or facilities involved in such modification. 

C. The Department may impose such other reasonable conditions upon a permit, including a schedule 

of construction, a condition requiring timely revision of permit terms or conditions in order to meet new 

requirements, if any, under any federally required and approved State Implementation Plan revision, and conditions 

requiring the source to be provided with or to undertake: 

(1) Sampling ports of a size, number and location as the Department may require; 

(2) Safe access to each port; 

(3) Instrumentation to monitor and record emission data including continuous emission monitoring, if 

appropriate; 

(4) Any other reasonable sampling, testing and ambient monitoring and meteorological facilities and 

protocols; and 

(5) Periodic testing pursuant to 20.2.72.213 NMAC. 

20.2. 72 NMAC February 18, 2002 12 
D. Any term or condition imposed by the Department on a permit or pennit revision is enforceable to 

the same extent as a regulation of the board. 

E. The Department will as a condition of each permit require the permittee to establish and maintain 

such records of the nature and amount of emissions and to make such periodic reports to the Department regarding 

the nature and amounts of emissions and the performance of air pollution control equipment, as are necessary to 

carry out the purpose of the Air Quality Control Act. 

F. [RESERVED[ 

[11-30-95; A 1 1-14-98] 

20.2.72.211 PERMIT CANCELLATIONS: 

A. The Department shall automatically cancel any permit for any source which ceases operation for 

five years or more, or permanently. Reactivation of any source after the five year period shall require a new permit. 

B. The Department may cancel a permit if the construction or modification is not commenced within 

two years from the date of issuance or, if during the construction or modification, work is suspended for a total of 

one year, such cancellation shall be subject to the following procedures: 

(1) At least thirty days prior to the cancellation of a permit, the Department shall notify the permittee 

by certified mail of the impending cancellation. The Department shall notify the permittee by certified mail of the 

cancellation of his permit and the reasons therefor. Construction, modification and, if required, interim operation 

shall cease upon the effective date of cancellation contained in the notice of cancellation. A permittee who has 

received notice that a permit is or will be cancelled may request a hearing before the board. The request must be 

made in writing to the board within thirty days after notice of the Department's action has been received by the 

permittee. Unless a timely request for hearing is made, the decision of the Department shall be final; and 

(2) If a timely request for hearing is made, the board shall hold a hearing within thirty days after 

receipt of the request. The Department shall notify the permittee by certified mail ofthe date, time and place of the 

hearing. In the hearing the burden of proof shall be upon the permittee. The board may designate a hearing officer 

to take evidence in the hearing. Based upon the evidence presented at the hearing, the board shall sustain, modify or 

reverse the action of the Department. 

[ 11-30-95] 

20.2.72.212 PERMITTEE'S NOTIFICATION REQUIREMENTS TO DEPARTMENT: Any owner or 

operator subject to this Part shall notify the Department in ·writing of or provide the Department with: 

A. Anticipated date of initial startup of a source not less than thirty (30) days prior to the date; 

B. Actual date of initial startup of a source within fifteen ( 15) days after the startup date; 

C. Any change of operators within fifteen (15) days of such change; 

D. Any necessary update or correction no more than sixty (60) days after the operator knows or 

should have known of the condition necessitating the update or correction of the permit. 

[11-30-95] 

20.2.72.213 STARTUP AND FOLLOWUP TESTING: Within sixty (60) days after achieving the 

maximum production rate at which the source will be operated but not later than one hundred eighty (180) days after 

initial startup of the source, the owner or operator of the source may be required to conduct a performance test. The 

test method utilized shall be approved by the Department. Whenever the requirements of 40 CFR 60 or 61 apply, 

test methods must be utilized as specified in those regulations. The owner or operator shall notify the Department at 

least thirty (30) days prior to the test date and allow a representative of the Department to be present at the test. A 

written report of the results of the test shall be submitted to the Department by the owner or operator within thirty 

(30) days from the test date. This requirement may be reimposed on a source as necessary if inspections of the 

source indicate noncompliance with permit conditions subject to such testing, or the previous test showed 

noncompliance or was technically unsatisfactory. In such cases, the test requirement may be reimposed as frequently 

as necessary until compliance is achieved and testing is performed in a technically satisfactory manner. This testing 

requirement may be waived if the source is a member of a class subject to an exemption from this requirement 

pursuant to 20.2.72.214 NMAC, and has agreed to comply with, and its permit contains, enforceable design, 

operational and Jocational protocols set by the Department for the class of sources to which the source belongs. 

[11-30-95] 

20.2. 72.214 SOURCE CLASS EXEMPTION PROCESS (PERMIT STREAMLINING): 

20.2.72 NMAC February 18, 2002 13 
A. Upon application by any person or group of persons, or upon the initiative of the Department, the 

board may exempt any source or class of sources, from any procedural requirement of this Part except the 

requirement to obtain a permit prior to commencement of construction if the board finds that the conditions set forth 

below in this section have been met. When possible, comprehensive exemptions shall be established for source 

classes in order to conduct expedited, streamlined permit processing for any applicant whose source is a member of 

such class. Exemptions may be granted only after a public hearing of the board, at which time the basis for such 

exemption shall be presented and any interested person allowed to comment and to question any witness. The 

board's decision that an exemption under this section is justified shall be based at a minimum on each of the 

following findings: 

(1) The Department has substantial actual experience with or knowledge of the specific class of 

sources proposed for exemption, that such experience or knowledge is material to the application for exemption, and 

that such experience or knowledge includes modeling and analysis of a representative sample of such sources. Such 

knowledge may be acquired through, but not limited to, direct Department experience with such sources, or the 

review of other regulatory agencies' experience, records, documentation and formal actions, or through publications 

of professional organizations and societies upon which engineers and scientists would conventionally rely in 

formulating a professional judgment; 

(2) The sources possess sufficiently common characteristics of operation, process technology, 

emissions, emission control technology and impact on air quality that with respect to the specific requirements 

proposed to be exempted, protocols have been developed which, if applied to all members ofthat class, will ensure 

that air quality is protected at least as well as would be accomplished by the full permit review process; and 

(3) Under such an exemption, compliance with all federal and state air quality laws, regulations, 

standards and emissions limitations will be assured. 

B. Exemptions may apply statewide or regionally and may be revoked by the board only after a public 

hearing following at least sixty days public notice. 

C. As may be required under federal law, all protocols established hereunder shall be submitted to the 

US EPA for review and approval as revisions to the State Implementation Plan. Such protocols shall be established 

contingent upon approval by the US EPA. 

D. There shall be no exemptions under this section from the requirements of20.2.74 NMAC, 20.2.77 

NMAC, 20.2.78 NMAC, or 20.2.79 NMAC. 

[11-30-95] 

20.2.72.215 EMERGENCY PERMIT PROCESS: 

A. The Department may issue an emergency permit when the Secretary determines an emergency 

exists which threatens the public health, safety or welfare, and which requires the rapid construction or modification . 

of, or installation of equipment in, a facility subject to this Part in order to mitigate, prevent or remedy such 

emergency. 

B. Department personnel shall verify that the source, operating in accordance with the permit issued, 

can and will meet all applicable standards, emissions limitations and conditions before authorizing start-up in order 

to ensure that the public emergency is not worsened by excess or improperly controlled air pollution. 

C. An emergency caused by any negligent or unlawful action or operation of the facility or the facility 

owner or operator, including but not limited to failure to apply timely for a permit or revision, shall not constitute an 

emergency for the purposes of this section. 

D. The requirements of Paragraphs 5 and 6 of Subsection A of20.2.72.206 NMAC, Subsection C of 

20.2.72.206 NMAC, and Subsections A and B of20.2.72.207 NMAC shall not apply to emergency permits 

processed under this section. 

E. Construction shall not commence until the emergency permit is issued. 

[11-30-95; 20.2.72.215 NMAC- A, 2-2-01] 

20.2.72.216 NONATTAINMENT AREA REQUIREMENTS: 

A. The requirements of this section apply to: 

(1) A source or modification which will emit a regulated air contaminant such that the ambient impact 

ofthe contaminant would exceed the significant ambient concentration in 20.2.72.500 NMAC, Table 1, at any 

location that does not meet the New Mexico Ambient Air Quality Standard for the contaminant; or 

20.2.72 NMAC February 18, 2002 14 
(2) A source or modification which is not a major stationary source or major modification as defined 

in 20.2.79 NMAC and which will emit a regulated air contaminant such that the ambient impact of the contaminant 

would exceed the significant ambient concentration in Table 1 at any location that does not meet the National 

Ambient Air Quality Standard for the contaminant. 

B. A source or modification subject to this section shall offset the ambient impact of its emissions by: 

(1) Obtaining emission offsets for proposed emissions in an amount greater than one-to-one such that 

a net air quality benefit will occur; and 

(2) Ensuring emission offsets are quantifiable, enforceable, and permanent by meeting the following 

sections of20.2.79 NMAC: 

[ 11-30-95] 

(a) 20.2.79.114 NMAC (Emission Offset Baseline) 

(b) 20.2.79.115 NMAC (Emission Offsets) 

(c) 20.2.79.117 NMAC (Air Quality Benefit) 

20.2.72.217 COMPLIANCE CERTIFICATIONS: 

A. Notwithstanding any other provision in the New Mexico State Implementation Plan approved by 

the Administrator, for the purpose of determining compliance, an owner or operator is not prohibited from using 

monitoring as required under 20.2.70 NMAC and incorporated into an operating permit in addition to any specified 

compliance methods. 

B. The requirements of this section are only applicable to those sources which, in addition to being 

subject to this Part are either: defined as a major source under 20.2.70 NMAC (Operating Pennits), or; subject to 

20.2.82 NMAC (Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air 

Pollutants). 

[11-30-95] 

20.2.72.218 ENFORCEMENT: Notwithstanding any other provision in the New Mexico State 

Implementation Plan approved by the Administrator, any credible evidence may be used for the purpose of 

establishing whether a person has violated or is in violation of the terms or conditions of a permit issued pursuant to 

this Part, including permits for sources meeting the applicability requirements 20.2.74 NMAC (Prevention of 

Significant Deterioration), or 20.2.79 NMAC (Permits- Nonattainment Areas). 

A. Information from the use of the following methods is presumptively credible evidence of whether a 

violation has occurred at the source: 

(1) A monitoring or infonnation gathering method approved for the source pursuant to 20.2.70 

NMAC and incorporated in an operating permit; or 

(2) Compliance methods specified in the New Mexico State Implementation Plan. 

B. The following testing, monitoring or information gathering methods are presumptively credible 

testing, monitoring or infonnation gathering methods: 

(1) Any federally enforceable monitoring or testing methods, including those in 40 CFR, parts 51, 60, 

61 and 75; and 

(2) Other testing, monitoring or information gathering methods that produce information comparable 

to that produced by any method in Subsection A of 20.2. 72.218 NMAC or Paragraph 1 of Subsection B of 

20.2.72.218 NMAC, above. 

C. The requirements of this section are only applicable to those sources which, in addition to being 

subject to this Part, are either: defined as a major source under 20.2.70 NMAC (Operating Pennits), or; subject to 

20.2.82 NMAC (Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air 

Pollutants). 

[11-30-95] 

20.2. 72.219 

A. 

PERMIT REVISIONS: 

Administrative Permit Revisions 

(I) Administrative permit revision procedures may be used only for those pennit revisions that: 

(a) Correct typographical errors; 

(b) Provide for a minor administrative change at the source, such as a change in ownership or a 

change in the address or phone number of any person identified in the permit; 

20.2.72 NMAC February 18, 2002 15 
(c) Incorporate a change in the permit solely involving the retiring of a source or closing of a 

facility upon notification of the Department that the permittee has ceased operations ofthe source or facility; 

(d) Incorporate a change in the permit solely involving the deletion from the permit of a source 

or sources upon notification of the Department that the source or sources have not been and will not be built; or 

(e) Incorporate a source or activity at the facility which is exempted under Subsection B of 

20.2.72.202 NMAC; 

(2) The permittee shall apply for an administrative permit revision by filing a certified written 

notification of the proposed revision with the Department which includes all information required by the Department 

to review the request. The certification shall be made as required under Paragraph 12 of Subsection A of 

20.2.72.203 NMAC; 

(3) The administrative permit revision is effective upon receipt of the notification by the Department; 

( 4) Administrative permit revisions shall not be subject to public notification requirements under 

Subsection B of20.2.72.203 NMAC and 20.2.72.206 NMAC. The Department shall attach the revision to the 

permit; 

(5) Administrative permit revisions shall not be subject to filing fees or permit fees under 20.2.75 

NMAC (Construction Permit Fees); 

(6) The Department is not required to reissue the permit to incorporate an administrative permit 

revision. 

B. Technical Permit Revisions 

(1) Technical permit revision procedures may be used only for: 

(a) Pennit revisions that incorporate a change in the permit solely involving a change to 

monitoring, record keeping, or reporting requirements by the permittee, provided that the Department determines 

that such change does not reduce the enforceability of the permit; 

(b) Permit revisions that incorporate a change in the permit solely involving additional 

equipment with a potential emission rate of no more than one (I) pound per hour for any pollutant for which a 

National or New Mexico Ambient Air Quality Standard has been set or one ( 1) pound per hour for any VOC; 

(c) Permit revisions that incorporate a change in the permit solely involving the placement of 

permit conditions, including emissions limitations, on sources which existed on August 31, 1972 and which have 

been regularly operated since that time; 

(d) Modifications that replace an emissions unit for which the allowable emissions limits have 

been established in the permit, provided that the new emissions unit: 

i. Is equivalent to the replaced emissions unit, and serves the same function within the 

facility and process; 

ii. Has the same or lower capacity and potential emission rates; 

m. Has the same or higher control efficiency, and stack parameters which are at least as 

effective in the dispersion of air pollutants; 

iv. Would not result in an increase of the potential emission rate of any other equipment 

at the facility; 

v. Shall be subject to the same or lower allowable emissions limits under the permit, and 

to all other permit conditions which have applied to the replaced emissions unit; 

vi. Would not, when operated under applicable permit conditions, cause or contribute to 

a violation of any National or New Mexico Ambient Air Quality Standard; and 

vii. Would not, as determined by the Department, require additional permit conditions in 

order to ensure the enforceability of the permit, such as additional record keeping or reporting to show compliance; 

or 

(e) Pennit revisions that make adjustments to the emissions limitations based on the result of 

the initial compliance test(s), provided that: 

i. The test is performed in accordance with permit conditions; 

ii. Such adjustment occurs within six (6) months of the compliance test; 

iii. No other such adjustment has occurred since the most recent permit issuance or 

reissuance; 

iv. Such adjustment does not: alter any other permit condition; trigger additional 

requirements under any other Part, including 20.2.74 NMAC (Prevention of Significant Deterioration); or result in 

20.2. 72 NMAC February 18, 2002 16 
allowable emissions which could contribute to a violation of any National or New Mexico Ambient Air Quality 

Standard; 

v. Such request does not increase the permitted allowable emissions of the unit(s) on 

which the initial compliance test(s) have been performed by more than ten (10) percent; and 

vi. Where the permit fee calculated under 20.2. 75 NMAC (Construction Permit Fees) 

would have been greater if it had been based on the potential emission rate as indicated by the compliance test, the 

balance of the permit fee is submitted as part of the technical permit revision application; 

(2) A request for a technical permit revision shall be accomplished by filing a certified written 

notification of the proposed revision with the Department on forms provided by the Department and shall include all 

information required by the Department to review the request. The certification shall be made as required under 

Paragraph 12 of Subsection A of20.2.72.203 NMAC; 

(3) The Department shall approve or deny the technical permit revision, or inform the applicant that 

the request must be submitted as a significant permit revision: 

(a) Within thirty (30) days of receipt ofthe application; or 

(b) If in response to significant public interest the Department holds a public meeting regarding 

the technical permit revision, within sixty (60) days of receipt of the application; 

(4) The Department may deny an application for a technical permit revision or require that such 

application be submitted as a significant permit revision if: 

(a) Such revision does not meet the criteria of this section; 

(b) In the judgment of the Department the revision would require a decision on a significant or 

complex issue; or 

(c) In the judgment of the Department the pennittee has submitted multiple or subsequent 

applications for technical permit revisions under this Part that segment a larger revision or modification that would 

not be eligible for a technical permit revision; 

(5) The technical pennit revision shall become effective upon written approval from the Department; 

(6) Technical permit revisions shall not be subject to public notification requirements under 

Paragraphs 1, 4 and 5 of Subsection B of20.2.72.203 NMAC, and 20.2.72.206 NMAC. The Department shall 

attach the technical permit revision to the permit. 

C. [RESERVED[ 

D. Significant Pennit Revisions 

(I) A significant permit revision is required for any modification to a source, and for revisions to any 

term or condition of such pennit, including but not limited to emissions limitation, control technology, operating 

conditions, and monitoring requirements; that: 

(a) Do not meet the criteria under the provisions for administrative or technical permit 

revisions under Subsections A orB of20.2.72.219 NMAC; or 

(b) Meet the applicability criteria under 20.2.72.402 NMAC regarding toxic air pollutants; 

(2) Applications for significant permit revisions shall meet all requirements of this Part for permits 

and shall be processed in accordance with the public notice, review, and hearing procedures set forth in this Part for 

such permits. 

[11-30-95; Rn, 20 NMAC 2.72.202 1-7-98; A, 1-7-98; A, 1-1-00] 

20.2.72.220 GENERAL PERMITS: 

A. Issuance of General Construction Permits. 

(1) The Department may. after notice under Subsections A and B of20.2.72.206 NMAC and a public 

hearing with opportunity for public participation under Subsection C of20.2.72.206 NMAC issue one or more 

general construction permits, each covering numerous similar sources. Sources registered for coverage under a 

general permit shall be generally homogeneous in tenus of operations, processes and emissions, subject to the same 

or substantially similar requirements, and not subject to case-by-case standards or requirements. 

(2) Each general construction permit shall: 

(a) Describe which sources may qualifY to register under the general construction permit; 

(b) SpecifY the contents of a complete application to register under the general construction 

permit. The Department may, in the general construction permit, provide for applications which deviate from the 

requirements under 20.2.72.203 NMAC, provided that such applications include: 

20.2.72 NMAC February 18, 2002 17 
i. All information necessary to determine qualification for, and to assure compliance 

with, the general construction permit; and 

ii. Applicant's public notice requirements including, at a minimum, a notice: a) 

published once in the legal notices section of a newspaper in general circulation in the county or counties in which 

the property on which the facility is proposed to be constructed or operated is located; and b) posted at the proposed 

or existing facility entrance in a publicly accessible and conspicuous place on the property on which the facility is, or 

is proposed to be, located, until the general permit registration is granted or denied; 

(c) Contain permit terms and conditions which apply to all sources registered under the general 

construction permit, and which include: 

i. Sufficient terms and conditions to assure that all sources registered under and operating 

in accordance with the general construction permit will meet all applicable requirements under the federal Act, the 

New Mexico Air Quality Control Act and this Chapter (Air Quality), including 20.2.74 NMAC (Prevention of 

Significant Deterioration), 20.2.77 NMAC (New Source Performance Standards), 20.2.78 NMAC (Emission 

Standards for Hazardous Air Pollutants), 20.2.79 NMAC (Permits- Nonattainment Areas), and 20.2.82 NMAC 

(Maximum Achievable Control Technology Standards for Source Categories of Hazardous Air Pollutants), and will 

not cause or contribute to air contaminant levels in excess of any National or New Mexico Ambient Air Quality 

Standard; and 

ii. Monitoring, record keeping and reporting requirements appropriate to the source and 

sufficient to ensure compliance with the general construction permit. At a minimum, the general permit shall specify 

where the records shall be maintained, how long the records shall be retained and that all records or reports shall be 

made available upon request by the Department; 

111. As appropriate, terms and conditions to address and report emissions occurring 

during upsets, startups and maintenance; and 

(d) SpecifY that any document, including any application form, report, compliance certification 

and supporting data, submitted pursuant to this section (20.2.72.220 NMAC) shall contain a certification that meets 

the requirements of Paragraph 10 of Subsection A of 20.2. 72.203 NMAC. 

B. Revisions to a General Construction Permit. 

(1) The Department may, after notice under Subsections A and B of20.2.72.206 NMAC and a public 

hearing with opportunity for public participation under Subsection C of20.2.72.206 NMAC, revise a general 

construction permit. Notice of the proposed revision shall also be sent to the owner or operator of all sources 

registered under the general construction permit. 

(2) Revisions to a general construction permit shall include a reasonable transition schedule for 

existing registered sources to comply with the revised permit. The Department shall revise the general permit terms 

and conditions only to the extent necessary to ensure that the requirements of Sub-paragraph (c) of Paragraph 2 of 

Subsection A of:20.2.72.220 NMAC are met. 

C. Registration under a General Construction Permit. 

(1) The owner or operator of a source required to obtain a permit pursuant to this Part and which 

qualifies to register under a general construction permit shall either: 

(a) Apply to the Department to register under the terms of the general construction permit; or 

(b) Apply for a construction permit under 20.2.72.200 NMAC. 

(2) Within thirty (30) days of receiving an application to register under a general construction permit, 

the Department shall review the application for completeness and shall grant or deny the registration. The 

Department shall not grant the registration until at least fifteen (15) days after the date the applicant's public notice 

was initiated. The Department shall notifY the applicant of its determination by certified mail. The Department shall 

attach a copy of the general construction permit to registration approvals. 

(3) The Department shall grant registration under a general permit to a source only if: 

(a) The application is complete and meets the requirements of this section (20.2.72.220 

NMAC); and 

(b) The source meets the terms and conditions of the general permit. 

(4) The Department may grant or deny an application to register under a general construction permit 

without repeating the public notice and participation procedures required under 20.2.72.206 NMAC. 

(5) Administrative review under Sections 74-2-7.H through L NMSA 1978 shall be available for a 

determination made by the Department of whether or not a source qualifies to register for coverage under a general 

construction permit. However, administrative review of a registration for coverage under a general construction 

20.2.72 NMAC February 18, 2002 18 
permit shall not extend to administrative review of the general permit itself. Administrative review of the general 

construction permit shall be available under Sections 74-2-7.H through L NMSA 1978 only upon issuance or 

revision of the general permit as a permitting action. 

(6) Sources shall be subject to enforcement action for construction without a permit if: 

(a) Construction of a source is commenced prior to the receipt of the Department's written 

approval of registration under a general construction permit; or 

(b) It is determined after construction commences that a source does not qualifY for coverage 

under the general construction permit. 

(7) A general permit registration may be canceled, consistent with the provisions of 20.2. 72.211 

NMAC, for any source which ceases operation for five years or more, or permanently, and for any source for which 

the construction or modification is not commenced within two years from the date of issuance or, if during the 

construction or modification, work is suspended for a total of one year. The owner or operator shall notifY the 

Department of the anticipated and actual startup of a source, consistent with the provisions of 20.2.72.212 NMAC. 

D. Modifications to Sources Registered Under a General Construction Permit. Each general 

construction permit shall provide that, prior to modification of a source which is registered under a general 

construction permit, the ovmer or operator shall: 

(1) For those modifications for which the facility will continue to meet the conditions of the general 

construction pennit after the modification, notifY the Department in writing of such modification; and 

(2) For those modifications for which the source will not continue to meet the conditions of the 

general construction pe1mit after such modification, obtain a construction permit from the Department under this Part 

prior to the modification. 

[N, 4-22-98; 20.2.72.220 NMAC- A, 2-2-01] 

20.2. 72.221 ACCELERATED REVIEW: 

A. Qualified Outside Finns: 

(1) The Department shall request proposals from persons interested in providing assistance as a 

qualified outside firm in the accelerated review of construction permit applications under this Part. 

(2) The Department shall evaluate the proposal submitted by the person. To be eligible to contract 

with the Department as a qualified outside firm a person must: 

(a) Be legally qualified to contract with the Department; and 

(b) Be qualified to assist the Department in review of permit applications, as determined by the 

Department in the Department's sole discretion. 

(3) Persons who are selected as qualified outside firms shall be under contract with the Department 

for accelerated review of construction permit applications under this section. 

B. Requests for Accelerated Review: 

(1) At the sole discretion of the applicant, a construction permit applicant under this Part may request 

accelerated permit review of the application by a qualified outside firm. Applications for accelerated review shall be 

preceded by a pre-application meeting between the applicant and the Department. Requests for accelerated review 

shall not be granted unless there is at least one qualified outside firm under contract with the Department pursuant to 

Paragraph 3 of Subsection A of20.2.72.221 NMAC. lfthere are no firms under contract to provide accelerated 

review, the Department shall review the application in accordance with 20.2.72.207 NMAC. 

(2) Such request for accelerated permit review shall be submitted with the construction permit 

application along with a corporate check or money order for the amount of the accelerated review filing fee as 

specified in 20.2.75 NMAC. The Department shall notify the applicant of the names and addresses of the qualified 

outside firms. The applicant shall deliver a copy of the application, by mail or hand delivery, to each qualified 

outside firm identified by the Department, unless the applicant is aware of a conflict of interest. 

(3) Participation in the accelerated permit review process shall not relieve the applicant of any 

responsibilities specified in this chapter. 

(4) Applicants who have opted for accelerated review under this section shall be subject to 

supplementary fees pursuant to 20.2. 75 NMAC which shall be assessed in addition to all other applicable fees levied 

under 20.2.75 NMAC. 

(5) Qualified outside fiims under contract which are interested in performing the accelerated review 

on a specific application shall submit to the Department: 

(a) A statement of interest; 

20.2. 72 NMAC February 18, 2002 19 
(b) A statement of qualifications for that specific application; 

(c) An estimate of the cost and schedule for the review; and 

(d) A notarized affidavit attesting that no conflict of interest exists on the specific permit 

application. 

(6) If no qualified outside firm submits the four items required by Paragraph 5 of Subsection B of 

20.2. 72.221 NMAC, the Department sha11 apply the accelerated review filing fee to the permit fee in accordance 

with 20.2.75 NMAC and review the application without the assistance of a qualified outside firm and in accordance 

with 20.2.72.207 NMAC. 

(7) The Department shall review the submittals and determine, in the Department's sole discretion, 

which firms qualify for any specific application. 

(8) Prior to determining any application administratively complete for which accelerated review has 

been requested as allowed under 20.2.72.203 NMAC, the Department shall provide the applicant a written summary 

of the qualified submittals showing the costs to the applicant ofthe accelerated review and the anticipated schedule 

for application review, permit development and permit issuance. 

(9) Applicant's Responsibilities for Response to Submittal Summary: 

(a) Within five (5) working days of receipt ofthe Department's bid summary the applicant shall 

either: (i) submit to the Department a written recommendation to accept one of the accelerated review bids, or a 

prioritized list of more than one of the accelerated review bids, including a brief justification for the 

recommendation(s) along with a corporate check or money order payable to the Department for the amount of the 

accelerated review bid and a notarized affidavit attesting that no conflict of interest exists on the specific permit 

application; or (ii) submit to the Department a written withdrawal of the request for accelerated review. 

(b) The request for accelerated review is deemed withdrawn if the applicant fails to submit a 

written recommendation or withdrawal within five (5) working days of receipt ofthe Department's bid summary 

unless the Department has granted an extension. 

(1 0) Department's Selection of Qualified Outside Firm 

(a) lfthe request for accelerated review is withdrawn, the Department shall retain the 

accelerated review filing fee in accordance with 20.2.75 NMAC and shall review the application without the 

assistance of a qualified outside firm and in accordance with 20.2. 72.207 NMAC. 

(b) If the applicant recommends a qualified submittal, the Department shall determine whether 

to accept the recommended submittal. If the Department accepts the recommended submittal it shall instruct the 

qualified outside firm to begin review of the application. If the Department rejects the recommended submittal, it 

shall inform the applicant and allow the applicant to recommend an alternate submittal pursuant to Paragraph 9 of 

Subsection B of20.2. 72.221 NMAC or, if there are no other qualified submittals, the Department shall retain the 

accelerated review filing fee in accordance with 20.2. 75 NMAC and review the application without the assistance of 

a qualified outside firm and in accordance with 20.2.72.207 NMAC. 

C. Disclosure of Conflicts During Accelerated Review: 

(1) The applicant and the qualified outside firm have a continuing obligation to investigate potential 

conflicts of interest and to immediately disclose, in writing, any conflict of interest to the Department. If a conflict 

of interest was not disclosed pursuant to Subparagraph d of Paragraph 5 of20.2. 72.221 NMAC or Subparagraph a of 

Paragraph 9 of Subsection B of 20.2. 72.221 NMAC, and is later disclosed or discovered, the Department may: 

(a) Deny the application pursuant to 20.2.72.208 NMAC; 

(b) Terminate accelerated review and review the application pursuant to 20.2.72.207 NMAC; 

or 

(c) Allow accelerated review to continue after elimination of the conflict. 

(2) In choosing between these options the Department shall consider whether the conflict of interest 

was disclosed or discovered, the timing of the disclosure or discovery, diligence in investigating potential conflicts of 

interest, any indication of intentional or willful failure to disclose, significance of the conflict of interest, and ability 

to eliminate the conflict of interest in a timely manner. 

D. Issuance of a Permit After Accelerated Review: 

(1) Upon completion ofthe review, the qualified outside firm shall provide the Department with all 

documentation, including but not limited to all communications, notes, and drafts, pertaining to the permit 

application. At any time during the review, the qualified outside firm shall provide all documentation pertaining to a 

specific application to the Department upon request. Such documentation shall be subject to the Inspection of Public 

Records Act, Chapter 14, Article 2 NMSA 1978, and the Confidential Information Section ofthe Air Quality Control 

20.2. 72 NMAC February 18, 2002 20 
Act, Section 74-2-11 NMSA 1978. 

(2) The Department shall review the analysis prepared by the qualified outside finn and shall issue a 

pennit or deny the permit application in accordance with this Part. The qualified outside finn's analysis is not 

binding on the Department. The Department retains final authority to accept or reject the qualified outside finn's 

analysis regarding the permit application. 

(3) The Department shall not issue the permit until both the accelerated review processing fee and any 

fees due pursuant to 20.2.75 NMAC have been paid. 

[20.2.72.221 NMAC- N, 03-30-01] 

20.2.72.222-20.2.72.299 [RESERVED] 

20.2.72.300 DEFINITIONS: In addition to the definitions in 20.2.72.7 NMAC, the following definitions 

apply to 20.2.72.300 NMAC- 20.2.72.399 NMAC: 

A. "Compressor station" means a facility whose primary function is the extraction of crude oil, 

natural gas, or water from the earth with compressors, or movement of any fluid, including crude oil or natural gas, 

or products refined from these substances through pipelines or the injection of natural gas or C02 back into the earth 

using compressors. A compressor station may include engines to generate power in conjunction with the other 

functions of extraction, injection or transmission and may contain emergency flares. A compressor station may have 

auxiliary equipment which emits small quantities of regulated air contaminants, including but not limited to, 

separators, de-hydration units, heaters, treaters and storage tanks, provided the equipment is located within the same 

property boundaries as the compressor engine. 

B. "Good engineering practice stack height" means HsubGEP = H + 1.5L, where H equals the 

height of any building or obstruction within 5L of the stack, and L equals the lesser of the height or maximum 

projected width of the building or obstruction. 

C. "rmpact area" means the circular area with a radius extending from the source to the most distant 

point where the total potential emissions from the facility will cause a significant ambient impact (i.e., equal or 

exceed the applicable significant ambient impact level in 20.2.72.500 NMAC. 

D. "Maximum projected width" means the largest crosswind building or obstruction dimension. 

E. "Potential to emit" or "potential emissions" means the maximum capacity of a stationary source 

to emit a regulated air contaminant under its physical and operational design. Any physical or operational limitation 

on the capacity of the source to emit a regulated air contaminant, 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 if the limitations 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. 

F. "Secondary emissions" means emissions of an air contaminant which occur as a result of the 

construction or operation of a stationary source or modification, but do not come from the stationary source or 

modification itself. Secondary emissions must be specific, well defined, quantifiable, and impact the same general 

areas 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 stationary source or 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. 

G. "SUM" means the sum of the potential emissions for oxides of nitrogen from all adjacent sources. 

H. "SUM IS" means the sum of the potential emissions for oxides of nitrogen from all adjacent 

sources within 15 km of the N02 impact area. 

I. "SUM25" means the sum of the potential emissions for oxides of nitrogen from all adjacent 

sources within 25 km of the N02 impact area. 

J. "Sweet natural gas" means natural gas containing no more than 0.25 grains of hydrogen sulfide 

per 100 standard cubic feet of gas. 

[11-30-95; A, 11-14-98) 

20.2. 72.301 APPLICABILITY: 

20.2.72 NMAC February 18, 2002 21 
A. Any owner or operator intending to construct or modify a source which requires a permit under the 

provisions of20.2.72.200 NMAC may elect to obtain a permit under 20.2.72.300 NMAC- 20.2.72.399 NMAC if 

the source category is listed in 20.2.72.501 NMAC. 

B. 20.2.72.300 NMAC- 20.2.72.399 NMAC shall not apply to: 

(I) Any "major stationary source" as defined in 20.2.74 NMAC; 

(2) Any facility, either before or after construction or modification, with a total potential to emit of 

any regulated air contaminant greater than 200 tons per year (tpy); 

(3) Any source subject to the requirements of20.2.78 NMAC or 20.2.72.400 NMAC- 20.2.72.499 

NMAC; 

(4) Any reciprocating internal combustion (!C) engines and/or turbines located at petroleum 

refmeries, chemical manufacturing plants, bulk gasoline terminals, natural gas processing plants, or at any facility 

containing sources in addition to IC engines and/or turbines for which an air quality permit is required through state 

or federal air quality regulations; 

(5) Any source which emits or proposes to emit those contaminants for which the impact area from 

the facility intersects an area, or for which the area itself is: I) designated nonattainment for federal ambient air 

quality standards; or 2) nonattainment for federal PSD increments or state ambient air quality standards according to 

ambient data or air quality modeling; or 3) shown by air quality data or dispersion or other air quality modeling that 

air contaminants have consumed more than 80% of state or federal ambient air quality standards or PSD increments 

for those areas where the baseline has been triggered for the specific PSD increments; 

(6) Any source with the nearest property boundary located less than: 

(a) 1 kilometer (km) from a school, residence, office building, or occupied structure. Buildings 

and structures within the immediate industrial complex of the source are not included. 

(b) 3 km from the property boundary of any state park, Class II wilderness area, Class II 

national wildlife refuge, national historic park, state recreation area, or community with a population of more than 

twenty-thousand people. 

(c) 10 km from the boundary of any community with a population ofmore than forty-thousand 

people, or 

(d) 30 km from the boundary of any Class I area; 

(7) Any source located in Bernalillo County or within 15 km ofthe Bernalillo County line. 

C. The following sections and subsections of20.2.72.200 NMAC- 20.2.72.299 NMAC apply to 

permit applications submitted pursuant to 20.2.72.300 NMAC- 20.2.72.399 NMAC: Subsections A, Band E 

through H of20.2.72.200 NMAC, 20.2.72.202 NMAC, 20.2.72.204 NMAC, 20.2.72.205 NMAC, Subsection C of 

20.2.72.206 NMAC, Subsections D through G of20.2.72.207 NMAC, 20.2.72.208 NMAC, 20.2.72.209 NMAC, 

20.2.72.210 NMAC, 20.2.72.211 NMAC, 20.2.72.212 NMAC, 20.2.72.214 NMAC and 20.2.72.215 NMAC. The 

remainder of20.2.72.200 NMAC- 20.2.72.299 NMAC does not apply to applications submitted pursuant to 

20.2.72.300 NMAC- 20.2.72.399 NMAC. 

D. Any source, including compressor stations, consisting of IC engines and/or turbines must comply 

with one of the following three criteria, Paragraph 1, 2, or 3 of Subsection D of20.2. 72.301 NMAC, in order to 

qualify for source class permit streamlining under 20.2.72.300 NMAC- 20.2.72.399 NMAC (Jn demonstrating 

compliance with Subsection D of 20.2. 72.301 NMAC, the Department shall give no credit for modeled reductions in 

ambient air concentrations due to so much of a source's stack which exceeds good engineering stack height, or fifty 

(50) feet in situations where there are not obstructions or buildings associated with the source): 

(I) The total potential to emit of each regulated contaminant from all sources at the facility shall be 

less than 40 tpy. The potential to emit for nitrogen dioxide shall be based on total oxides of nitrogen; or 

(2) The total potential to emit of each regulated contaminant from all emission sources at the facility 

shall be less than I 00 tons per year (tpy) and the impact on ambient air from all sources at the facility shall be less 

than the ambient significance levels in 20.2.72.500 NMAC, Table 1. The potential to emit for nitrogen dioxide shall 

be based on total oxides of nitrogen expressed as nitrogen dioxide; or 

(3) The maximum modeled ambient impact from the total potential emissions at the facility shall be 

less than 50 percent of each applicable PSD increment, for those areas where the baseline has been triggered for the 

specific PSD increments, and state and federal ambient air quality standards; and 

(a) There shall be no adjacent sources emitting the same regulated air contaminant(s) as the 

source within 2.5 km of the modeled nitrogen dioxide (N02) impact area; and 

20.2.72 NMAC February I 8, 2002 22 
(b) The "sum of the potential emissions for oxides of nitrogen from all adjacent sources" 

(SUM) within 15 km of the N02 impact area (SUM 15) shall be less than 740 tpy; and 

(c) The SUM25 within 25 km from the N02 impact area shall be less than 1540 tpy. 

(4) Modifications to the auxiliary emission generating equipment at a facility qualifYing and electing 

source class permit streamlining may commence without obtaining a permit for such modification as long as the total 

potential to emit of all auxiliary equipment remains at or below 1.0 lb!hr for any one regulated air contaminant and as 

long as the total potential to emit of each regulated air contaminant from the compressor station meets the 

requirements of Paragraphs I or 2 of Subsection D of 20.2. 72.301 NMAC or previously qualified under Paragraph 3 

of Subsection D of20.2.72.301 NMAC. The applicant shall provide, in writing, the nature of all changes to the 

Department no later than 15 days prior to the expected change. 

[11-30-95; A, 1-1-00; 20.2. 72.301 NMAC -A, 2-2-01] 

20.2. 72.302 CONTENTS OF APPLICATION: 

A. Any person seeking a permit under 20.2.72.300 NMAC- 20.2.72.399 NMAC shall do so by filing 

a written application with the Department. For those applications not qualifying under Subsection A of20.2.72.303 

NMAC, the applicant shall also: 

(1) Provide by certified mail a complete copy of the application and public notice to the Department's 

field or district office nearest the source; and 

(2) Provide by certified mail a copy of the public notice to the appropriate federal land manager if the 

source will locate within 50 km of the boundary of a Class I area. 

B. The items of this section, if requested on the applicable application form, are required before the 

Department may deem an application administratively complete. The applicant shall submit the number of copies of 

the permit application specified in the applicable application form. All applications shaJl be filed on the forms 

furnished by the Department and shall include: 

(I) The applicant's name and address, the person to contact regarding the application, and the name 

and address of the new source or modification; 

(2) A description of the new facility or modification including all operations effecting air emissions; 

(3) The anticipated operating schedule; 

(4) A topographical map, at least as detailed as a 7.5 minute United States Geological Survey 

Topographic Quadrangle, showing the exact location and geographical coordinates of the stationary source; 

(5) The Universal Transverse Mercator (UTM) horizontal and vertical coordinates for the facility; 

(6) A plot plan showing the location of emission units with respect to the plant's property boundaries 

and the dimensions of any buildings, terrain, or obstructions which may cause emissions to be downwashed; 

(7) A detailed description of any air pollution control device or method to be utilized, including the 

basis for the estimated control efficiency; 

(8) The stack and exhaust gas parameters for all emission points, including calculations and 

manufacturer's or supplier's data which documents the emission rates and exhaust gas parameters; 

(9) A comprehensive regulatory compliance review, including all pertinent data and calculations, for 

each applicable new source performance standard, such as 40 CFR 60, Subpart GG- Standards of Performance for 

Stationary Gas Turbines; 

(10) Documentation of the manufacturer's or supplier's recommended maintenance schedules and 

procedures for all air pollution control equipment: 

(11) A compliance demonstration based on US EPA approved modeling or analysis, including all 

pertinent calculations and computations, for all applicable requirements of20.2.72.300 NMAC- 20.2.72.399 NMAC 

for any facility electing to obtain a permit under 20.2.72.300 NMAC- 20.2.72.399 NMAC; 

(12) Documentary proof that the requirements of Paragraphs 1 and 2 of Subsection A of 20.2.72.302 

NMAC have been satisfied; 

(13) The notarized signature under oath or affirmation by the operator, the owner, or an authorized 

representative, certifYing to the best of his or her knowledge the truth of all information submitted; 

(14) Payment of any fees which are specified in :w.2.75 NMAC (Construction Permit Fees) as 

payable at the time the application is submitted; and 

(15) Any other specifically identified relevant information as the Department may reasonably require. 

[11-30-95; A, 1-1-00] 

20.2.72 NMAC February 18, 2002 23 
20.2.72.303 PUBLIC NOTICE AND PARTICIPATION: 

A. Applications qualifying under the following paragraphs of20.2.72.300 NMAC- 20.2.72.399 

NMAC are not subject to Subsection B of20.2.72.303 NMAC and Paragraph 2 of Subsection C of20.2.72.303 

NMAC: Paragraphs I and 2 of Subsection D of20.2.72.301 NMAC. 

B. The applicant shall: 

(I) Publish notice once in a newspaper of general circulation in the area closest to the location of the 

source. This notice shall appear in either the classified or legal advertisements section of the newspaper. Notice 

shall be published in accordance with Department guidance documents and must include: 

(a) The applicant's name and address; 

(b) The address and phone number ofthe Department's Air Quality Bureau in Santa Fe, and the 

address of the field or district office where a copy of the application will be sent as required in Subsection A of 

20.2. 72.302 NMAC; 

(c) The location and a brief description of the source; 

(d) A summary of estimated emissions and ambient impact for each regulated contaminant for 

the entire facility; 

(e) Where required in 20.2.72.300 NMAC- 20.2.72.399 NMAC, the applicant's public notice 

shall contain the following statement "Any comments submitted on this permit application should address the 

relevant requirements of state and federal air quality regulations and the Federal Clean Air Act and the state Air 

Quality Control Act. The comments shall be submitted to the Department's Air Quality Bureau in Santa Fe within 

thirty (30) days following the date of publication"; 

(t) Any other information required by the Department; and 

(2) Post the notice at the proposed or existing facility entrance on the property on which the facility is, 

or is proposed to be located prior to submittal of the application and remaining posted until the Department takes 

final action on the permit. 

C. The Department shall: 

(I) Make available for public inspection the permit application. Copies of any permit application, 

except those portions of which may be determined as confidential in accordance with 20.2.1 NMAC (Genera] 

Provisions), will be supplied upon written request and payment of reasonable costs. 

(2) Allow all interested persons thirty (30) days from the date of publication ofthe applicant's public 

notice in a newspaper of general circulation, to submit written comments or evidence on the application. 

[ 11-30-95] 

20.2.72.304 PERMIT DECISIONS: 

A. The Department shall within thirty (30) days after its receipt of an application for a permit or 

permit revision review such application and determine whether it is administratively complete. 

(1) If the application is deemed administratively complete, a certified letter to that effect shall be sent 

to the applicant. 

(2) If the application is deemed administratively incomplete, a certified letter shall be sent to the 

applicant stating what additional information or points of clarification are necessary to deem the application 

administratively complete. Upon receipt of such information, the Department shall promptly review such 

information and deten11ine whether the application is administratively complete. 

(3) lfthe application is deemed administratively complete but no permit is required, a certified letter 

shall be sent to the applicant informing the applicant of the determination. 

B. The Department shall either grant, grant subject to conditions, or deny the permit or permit 

revision as soon as practicable after the Department deems the application administratively complete but not to 

exceed the times specified below: 

(1) For applications qualifying under the Paragraphs 1 and 2 of Subsection D of20.2.72.301 NMAC, 

within thirty (30) days; 

(2) For all other applications, within sixty (60) days, or ninety (90) days if there is a hearing under 

20.2. 72.206 NMAC. 

[11-30-95; A, 1-1-00] 

20.2.72.305 GENERAL REQUIREMENTS: All sources permitted pursuant to 20.2.72.300 NMAC20.2.72.399 NMAC shall operate in compliance with the following conditions: 

20.2.72 NMAC February 18, 2002 24 
A. A copy of the most recent permit issued by the Department shall be made available to Department 

personnel for inspection upon request. If the permit is not kept at the plant location, a notice at the plant site shall be 

located in a conspicuous place stating the facility name and ownership, air quality permit number, and the address 

and phone number of the Department in Santa Fe; 

B. The source shall operate in compliance with all applicable state and federal regulations, including 

federal new source performance standards incorporated by 20.2.77 NMAC and permit conditions; 

C. The owner or operator of the source shall be required to conduct such performance tests as 

specified by the Department to determine compliance with emission limitations or technology requirements as 

specified in an applicable regulation or permit condition. Specific schedules and requirements will be listed in 

20.2.72.306 NMAC for each source class and/or in the permit. Performance test requirements may be reimposed on 

a source as necessary if inspections of the source or other information available to the Department, indicate 

noncompliance, or the previous test showed noncompliance or was technically unsatisfactory. In such cases, the 

Department may reimpose such tests as frequently as necessary until compliance is achieved and testing is performed 

in a manner technically satisfactory to the Department. The owner or operator shall: 

(I) Arrange a pretest meeting with the Department at least two weeks prior to the anticipated test date 

for all tests; 

(2) Notify the Department at least thirty (30) days prior to the date and time of performance testing, 

and provide the Department an opp011unity to have an observer present during testing; 

(3) Conduct performance tests in accordance with methods and procedures specified by the 

Department. Whenever the requirements of 40 CFR 60 apply, test methods must be utilized as specified in those 

regulations; 

(4) Submit a written report to the Department of the results of the test within thirty (30) days from the 

test date; and 

D. The owner or operator using a catalytic converter to meet the requirements of 20.2. 72.300 NMAC 

- 20.2. 72.399 NMAC shall satisfactorily test the reduction efficiency across the catalyst bed and report the results of 

the test to the Depa11ment according to the permit conditions, within ninety (90) days following initial start-up and 

on a quarterly basis thereafter, unless an alternative testing schedule is specified by the Department. The tests shall 

be conducted in accordance with the requirements of Subsection C of20.2.72.305 NMAC and as required in the 

penn it, except that the requirements of Paragraphs I and 2 of Subsection C of20.2. 72.305 NMAC shall be waived 

unless the Department specifically requests a pretest meeting or notification of the next test date. 

[11-30-95] 

20.2. 72.306 SOURCE CLASS REQUIREMENTS: 

A. In addition to the general conditions of20.2.72.305 NMAC, each permitted source listed in 

20.2.72.501 NMAC (Table 2) shall also comply with the applicable source class requirements below: 

(I) Requirements for source class category 1 -reciprocating internal combustion (IC) engines: 

(a) Gas fuel shall be produced natural gas, sweet natural gas, liquid petroleum gas, or fuel gas. 

No gas fuel shall contain more than 0.1 grain of total sulfur per dry standard cubic foot. Liquid fuel shall be first run 

refinery grade diesel or No.2 fuel oil that is not a blend containing waste oils or solvents and contains less than 0.3% 

by weight sulfur; 

(b) Within ninety (90) days after initial start-up of the source, the owner or operator shall 

conduct NOx and carbon monoxide (CO) performance tests on one or more engines (turbines) at the facility to 

ensure the facility is in compliance with 20.2.72.300 NMAC- 20.2.72.399 NMAC and permit requirements, 

including emission limits and any applicable pollution control device reduction efficiency requirements for NOx. 

The Department shall specifically identify in the permit each engine or turbine subject to initial performance testing 

requirements. Tests shall be conducted in accordance with the requirements of Subsection C of20.2. 72.305 NMAC; 

(c) Any engine which operates with a non-selective catalytic converter shall comply with the 

following requirements: 

i. Any spark ignited gas-fired or any compression ignited dual fuel-fired engine shall be 

equipped and operated with an automatic air-fuel ratio (AFR) controller which maintains AFR in the range required 

to minimize NOx emissions, as recommended by the manufacturer; and 

ii. The owner or operator shall make and maintain records to demonstrate that the 

manufacturer's or supplier's recommended maintenance is performed, including replacement ofthe oxygen sensor as 

20.2.72 NMAC February 18, 2002 25 
necessary for oxygen-based AFR controllers, and cleaning, regeneration, and/or replacement of catalyst(s) as 

necessary to maintain at least the NOx reduction efficiencies across the catalyst bed that are specified in the permit. 

B. Requirements for source class category 2- turbines: The source must comply with Paragraphs 1 

and 2 of Subsection A of20.2.72.306 NMAC. 

[11-30-95] 

20.2.72.307-20.2.72.399 !RESERVED! 

20.2.72.400 PREAMBLE: The Board is concerned about the increasingly common presence of toxic air 

pollutants in the ambient air. The Board believes that the best approach to regulating sources of toxic air pollutants 

over the long term is to set ambient standards for each pollutant of concern. However, because of fmancial 

constraints, the unavailability of sufficient information to establish such ambient standards, the time necessary to 

establish such standards for the contaminants identified as toxic air pollutants and because the Board wishes to 

implement a toxic air pollutant permitting program as soon as possible, the Board has adopted a source-by-source 

permit-based approach for the present. Under this permit-based approach, the Board has given limited authority to 

the Department to use factors of the OELs (occupational exposure limits) in evaluating permit applications. The 

Board recognizes that the use ofOELs, or factors of them, as ambient air standards would be inappropriate; 

therefore, the Board has authorized their use for screening purposes only. This authorization is not intended to 

represent, and should not be interpreted as, a fmding by the Board that these factors are suitable for determining safe 

or unsafe ambient air concentrations. Various respected groups, such as the American Conference of Governmental 

Industrial Hygienists (A CGIH), may develop ambient air exposure guidelines in the future. Development of ambient 

air guidelines by groups such as this could be the basis for developing toxic air pollutant ambient air standards. The 

Board also notes that the Department currently is developing an emissions inventory of toxic air pollutants. An 

emissions inventory may identifY toxic air pollutants that are of particular concern in New Mexico. The Board 

believes that efforts like these may facilitate the development of toxic air pollutant ambient air standards. For these 

reasons, the Board requests the Department to prepare and present a report to the Board within five years of the 

effective date of the toxic air pollutant permitting requirements. The report shall review and evaluate the 

implementation of the toxic air pollutant permitting program, summarize the results of the toxic air pollutant 

inventory gathered pursuant to AQCR 752, and review scientific and technical progress made in the area of toxic air 

pollutants that might facilitate the development of toxic air pollutant ambient air standards. The Board shall 

schedule a discussion of this report at a regular monthly meeting within three months of the publication of this report. 

[11-30-95] 

20.2.72.401 DEFINITIONS: In addition to the definitions in 20.2.72.7 NMAC, the following definitions 

apply to 20.2.72.400 NMAC- 20.2.72.499 NMAC: 

A. "Best available control technology" means an emission limitation based on the maximum degree 

of reduction in emissions of each contaminant subject to this Part which the Secretary (or the Board), on a 

case-by-case basis, taking into consideration the cost of achieving such emission reduction, and any non-air quality 

health and environmental impacts resulting from the use of such technology, determines is achievable for the source, 

through application of measures, processes, methods, systems, or techniques including, but not limited to, measures 

which: 

(1) Reduce the volume of such pollutants through process changes, substitutions of materials, or other 

modifications, or 

(2) 

(3) 

emission point. 

Enclose systems or processes to eliminate emissions, or 

Collect, capture or treat such pollutants when released from a process, stack, storage, or fugitive 

B. "Existing source" means any source, the construction or modification of which was commenced 

on or before December 31, 1988. 

C. "Fixed capital costs" means that capital needed to provide all the depreciable components. 

D. "New source" means any source, the construction of which is commenced after December 31, 

1988. The tenn does not include any new source which is integrally related with and integrally connected to the 

process of an existing source. The term includes the reconstruction of an existing source. 

E. "Occupational Exposure Limit" or "OEL" means the eight-hour time weighted average 

concentration specified for workroom air in "Threshold Limit Values and Biological Exposure Indices for 1986-

1987"as adopted by the American Conference of Governmental Industrial Hygienists, or for compounds not assigned 

20.2.72 NMAC February 18, 2002 26 
an OEL in that document, the minimum detection limit specified in the National Institute for Occupational Safety 

and Health "Manual of Analytical Methods", Third Edition. 

F. "Oil and gas production facilities" means facilities for the exploration, development, production, 

treatment, separation, storage, transport, and sale of unrefined hydrocarbons, natural gas liquids, and C02 (e.g., 

major SIC group 13, oil and gas extraction, SIC industry group no. 4612, crude, petroleum, pipeline and SIC 

industry no. 4922, natural gas transmission). Natural gas processing plants and refineries are not included for 

purposes of this definition. 

G. "Reconstruction" means a modification which results in the replacement ofthe components or 

addition of integrally related equipment to an existing source to such an extent that the fixed capital cost of the new 

components or equipment exceeds 50 percent o'fthe fixed capital cost that would be required to construct a 

comparable entirely new facility. 

H. "Toxic air pollutant" means any air contaminant in 20.2.72.502 NMAC. 

[11-30-95] 

20.2. 72.402 APPLICABILITY: 

A. All the requirements of20.2.72.400 NMAC- 20.2.72.499 NMAC for toxic air pollutants shall 

supplement other provisions ofthis Part (20.2.72 NMAC). 

B. A permit must be obtained from the Department by any person prior to the construction or 

modification of a new source which has total potential emissions of a toxic air pollutant into the ambient air that 

exceed the emission level in pounds per hour specified in 20.2.72.502 NMAC, and one or more of the following 

conditions are met: 

(I) The toxic air pollutant is listed under applicable primary and secondary SIC codes appropriate for 

the source in the US EPA SIC/Pollutant Index (Appendix C ofEPA-450/4-86-010); or 

(2) The toxic air pollutant is known by the owner or operator to be emitted into the ambient air 

because of: 

(a) Information from material safety data sheets and hazard labelling required under the OSHA 

Hazard Communications Standard 29 CFR 1910.1200, or 

(b) Information from reports required under the Federal Emergency Planning and Community 

Right-to-Know Act of 1986, P.L. 99-499, Title Ill, Sections 300-330, or 

(c) Other information reasonably available to the owner or operator based on the source's 

obligations under other regulatory programs; or 

(3) The toxic air pollutant is identified by the Department on or before the date the application is 

detennined to be complete, as likely to be emitted from a source. The Department shall also provide the owner or 

operator a reasonable basis to support the belief that the source will emit such toxic air pollutant. 

C. The following classes of sources are exempt from the permitting requirements for toxic air 

pollutants: 

(1) Gasoline Service Stations - SIC No. 5441 

(2) Automotive Repair Shops - SIC No. 753 

(3) Laundry, Cleaning. and Garment Services - SIC No. 721 

(4) Domestic Woodstoves and Fireplaces 

(5) Oil and Gas Production Facilities 

(6) Agricultural Production - Crops, SIC No. 01 

(7) Agricultural Production- Livestock, SIC No. 02 

(8) Agricultural Services- SIC No. 07 

(9) Containers, such as tanks, barrels, drums, cans and buckets, unless equipped with a vent that emits 

or may emit any toxic air pollutant, which are used in connection with the operation, maintenance or repair of a 

stationary source. 

(1 0) Non-process fugitive emissions of toxic air pollutants from stationary sources, such as 

construction sites, unpaved roads, coal piles, tailings piles. waste piles, and fuel and ash handling operations. 

D. An exemption or exclusion from the permitting requirements for toxic air pollutants does not 

relieve a source from any other requirements in this Part (20.2.72 NMAC). 

[11-30-95] 

20.2. 72.403 CONTENTS OF APPLICATION: 

20.2.72 NMAC February 18, 2002 27 
A. For the Department to deem administratively complete a permit application for the emission of a 

toxic air pollutant, the application shall contain, in addition to the requirements of20.2.72.203 NMAC, the following 

items: 

(1) Identification of all toxic air pollutants that may be emitted in excess of the screening level 

(specified in pounds per hour) in 20.2.72.502 NMAC; 

(2) Air quality modeling, in accordance with methods approved by the US EPA or the Department, 

that estimates ambient concentrations that would be caused by the proposed emissions. The modeling for the toxic 

air pollutants will include available emissions supplied by the Department from registration and permitting 

information from all registered or permitted sources in the area of the source being permitted. 

B. If the modeling shows that the eight-hour average ambient concentration of the toxic air pollutant 

exceeds one-one hundredth of the OEL and the toxic air pollutant is nofidentified as a known or suspected human 

carcinogen in 20.2.72.502 NMAC, Table B, the permit application shall also include, as a requirement for 

administrative completeness, a health assessment for the toxic air pollutant under consideration. The assessment 

shall include consideration of the following: 

(1) Source to potential receptor data and modeling; 

(2) Relevant environmental pathway and effects data; 

(3) Available health effects data such as: 

(a) Functional diseases; 

(b) Mutagenicity data as an index of genotoxic effects including heritable diseases; 

(c) Reproductive effects data; 

(d) Other diseases; and 

(4) An integrated assessment of the human health effects for projected exposures from the applicant's 

facility. The assessment should use existing relevant data obtained from epidemiological studies, controlled human 

exposure studies, laboratory animal studies, and studies using tissues and cells. 

C. If the toxic air pollutant is identified as a known or suspected human carcinogen in 20.2. 72.502 

NMAC and air quality modeling shows that the eight-hour average concentration of the toxic air pollutant exceeds 

one-one hundredth of the OEL or the minimum detection level in 20.2.72.502 NMAC, the permit application shall 

include, as a requirement for administrative completeness, information necessary to demonstrate the source will 

install the best available control technology to control that pollutant. 

[I 1-30-95; A, 1-1-00] 

20.2.72.404 

NMAC: 

PUBLIC NOTICE AND PARTICIPATION: In addition to the requirements of20.2.72.206 

A. The Department shall meet with the applicant during the permit application process, prior to 

deeming the application administratively complete, to discuss the need for additional data and information not 

initially submitted by the applicant; and 

B. The Department shall promptly advise the applicant of all medical or other scientific evidence the 

Department uses to evaluate the health effects of the toxic air pollutant emissions and make available to the applicant 

in a timely manner all information, including all previous decisions on the toxic air pollutant in question. 

[11-30-95; A, 1-l-00] 

20.2.72.405 

control. 

PERMIT DECISIONS: In making its decisions, the Department shall consider emissions after 

A. Ambient concentrations not exceeding one-one hundredth of the OEL or the minimum detection 

level for compounds without an OEL: If the Department finds that the eight-hour average concentration of the toxic 

air pollutant in the ambient air does not exceed one-one hundredth of the OEL, or for compounds without an OEL, 

the minimum detection levels as shown in 20.2.72.502 NMAC, the Department shall grant the permit. The 

administrative screening level of one-one hundredth the OEL and the OEL shall not be a basis for denying a permit 

and shall not constitute an ambient air quality standard. 

B. Ambient concentrations exceeding one-one hundredth of the OEL or the minimum detection level 

for compounds without an OEL for substances identified as known or suspected human carcinogens in 20.2.72.502 

NMAC: If the toxic air pollutant being considered is identified as a known or suspected carcinogen in 20.2.72.502 

NMAC, Table B, and the Department finds the eight-hour concentration of the toxic air pollutant in the ambient air 

exceeds one-one hundredth of the OEL, or for compounds without an OEL, the minimum detection level, the 

20.2.72 NMAC February 18, 2002 28 
Department shall grant the permit if the applicant implements the best available control technology to control that 

pollutant. 

C. Ambient concentrations exceeding one-one hundredth of the OEL for substances not identified as 

carcinogens in 20.2.72.502 NMAC: 

(1) If the applicant has been required to prepare a health assessment under Subsection B of 

20.2.72.403 NMAC, the Department shall prepare a Summary Review Statement (SRS) which indicates the 

Department's opinion of the adequacy of the applicant's health assessment. The SRS will include a summary 

recommendation on whether the issuance of a permit will or will not with reasonable probability injure human health. 

(2) If the applicant does not agree with the recommendation contained in the SRS, the applicant's 

assessment and the SRS will be provided to the Air Toxics Scientific Advisory Committee (A TSAC). The A TSAC 

will be composed of five members appointed by the Secretary. They will include physicians, toxicologists, industrial 

hygienists, or others knowledgeable of the potential health and environmental effects of air pollution. The committee 

will include at least one member nominated by the applicant. The ATSAC will review the applicant's assessment and 

the SRS in a public meeting. The A TSAC shall provide a letter to the Secretary stating: (l) whether the submitted 

documents provide a scientifically adequate basis to determine whether the proposed source will with reasonable 

probability injure human health and (2), if the documents do provide an adequate basis, whether the proposed source 

will with reasonable probability injure human health. lfthe documents are scientifically inadequate, the ATSAC 

shall return them to the Department and indicate their inadequacies. 

(3) The Department will make a final decision on the issuance of the permit after consideration of the 

following factors: 

(a) The nature of the toxic air pollutant and the size, susceptibility, and proximity of the human 

population; 

(b) The pathways of human exposure (e.g., ingestion, inhalation, skin absorption); 

(c) The short term and long term health effects associated with the toxic air pollutant at levels 

of exposure commensurate with the anticipated exposure level; 

(d) Existing epidemiological data on health effects associated with the anticipated levels of 

exposure; 

(e) The character of the land use of the predicted area of impact (e.g., residential, industrial, 

and recreational); and 

(f) The scientific adequacy ofthe health and environmental assessment submitted by the 

applicant and the recommendation of the ATSAC. The Department shall not rely on the OEL or on the 

administrative screening level of one-one hundredth the OEL, and it shall not be bound by prior permit decisions 

when considering pending applications. 

(4) The Department shall deny any application for a permit evaluated under Subsection C of 

20.2.72.405 NMAC if the source will emit a toxic air pollutant in such quantities and duration as may with 

reasonable probability injure human health. 

D. The Department shall document, in the administrative record, all processes, facts, and reasoning 

relied on in making the permit decision, including citations to the relevant technical data, publications, and expert 

opinions considered. 

(1) The final deliberations ofthe ATSAC shall be open to the public. Except for requests by 

members of the ATSAC for input from the applicant or Department, no other comments from the applicant, 

Department, or audience shall be allowed during final deliberations. 

(2) Prior to a final decision, the ATSAC members may communicate among themselves in order to 

facilitate the evaluation process. However. all ATSAC members shall be apprised of such communications. 

(3) Prior to a final decision, the ATSAC members may also communicate with the Department and 

applicant in order to clarify information or secure additional information concerning the applicant's health 

assessment or the Department's SRS. The Department, applicant, and all ATSAC members shall be apprised of such 

communication. 

[11-30-95; A, ll-14-98] 

20.2. 72.406 - 20.2. 72.499 I RESERVED] 

20.2. 72.500 TABLE 1- SIGNIFICANT AMBIENT CONCENTRATIONS 

20.2.72 NMAC February 18, 2002 29 
Pollutant Averaging Time 

Total Suspended Particulate 1 .0 ug/m3 (Annual) 

5.0 ug/m3 (24-hour) 

PMw 1.0 ug/m3 (Annual) 

5.0 ug/m3 (24-hour) 

Sulfur Dioxide 1.0 ug/m3 (Annual) 

5.0 ug/m3 (24-hour) 

25.0 ug/m3 (3-hour) 

Hydrogen Sulfide 1.0 ug/m3 (1-hour) 

5.0 ug/m3 (1!2~hour) 

Carbon Monoxide 0.5 mg/m3 (8-hour) 

2.0 mg/m3 (!-hour) 

Nitrogen Dioxide 1.0 ug/m3 (Annual) 

5.0 ug/m3 (24-hour) 

Non-Methane Hydrocarbons 5.0 ug/m3 (3-hour) 

[11-30-95] 

20.2. 72.501 TABLE 2- PERMIT STREAMLINING SOURCE CLASS CATEGORIES 

I. Reciprocating internal combustion engines including portable or temporary engines 

2. Turbines 

[11-30-95] 

20.2. 72.502 

SUBSTANCE 

TOXIC AIR POLLUTANTS AND EMISSIONS 

Table A- Noncarcinogens 

OEL 

mg/m3 

Acetic acid ............................................................................................... 25.0 

Acetic anhydride ...................................................................................... 20.0 

Acetylene dichloride, See 1,2-Dichloroethylene 

Acetylene tetrabromide ............................................................................ 15.0 

Acetylsalicylic acid .................................................................................. 5.00 

Aldrin ....................................................................................................... 0.25 

Allyl alcohol ............................................................................................ 5.00 

Allyl glycidol ether .................................................................................. 22.0 

Allyl propyl disulfide ............................................................................... 12.0 

Aluminum 

metal & oxide ........................................................................................... I 0.0 

pyro powders ........................................................................................ 5.00 

welding fumes ....................................................................................... 5.00 

20.2.72 NMAC February 18, 2002 

Emissions 

in pounds 

per hour 

1.67 

1.33 

1.00 

0.333 

0.0167 

0.333 

1.47 

0.800 

0.667 

0.333 

0.333 

30 
soluble salts ........................................................................................... 2.00 0.133 

alkyls not otherwise classified ............................................................... 2.00 0.133 

2-Aminoethanol, See Ethanolamine 

2-Aminopyridine ...................................................................................... 2.00 0.133 

3-Amino 1, 2, 4-triazole, See Amitrole ................................................... . 

Amitrole ................................................................................................... 0.200 0.0133 

Ammonia ................................................................................................. 18.0 1.20 

Ammonium chloride fume ....................................................................... 10.0 0.667 

Ammonium su lfamate .............................................................................. 10.0 0.667 

n-Amyl acetate ......................................................................................... 530 35.3 

Sec-Amyl acetate ..................................................................................... 665 44.3 

Aniline homologues ................................................................................. 10.0 0.667 

Anisidine (p-isomer) ................................................................................ 0.500 0.0333 

Antimony as Sb ........................................................................................ 0.500 0.0333 

ANTU ...................................................................................................... 0.300 0.0200 

Asphalt (petroleum) fumes ....................................................................... 5.00 0.333 

Atrazine .................................................................................................... 5.00 0.333 

Azinphos-methyl ...................................................................................... 0.200 0.0133 

Barium, soluble compounds, as Ba .......................................................... 0.500 0.0333 

Benomyl. .................................................................................................. 10.00 0.667 

Benzoyl peroxide ..................................................................................... 5.00 0.333 

Bismuth telluride ...................................................................................... 10.0 0.667 

Se-doped ............................................................................................... 5.00 0.333 

Borates, tetra, sodimn salts ..................................................................... . 

anhydrous .............................................................................................. 1.00 0.0667 

decahydrate ........................................................................................... 5.00 0.333 

pentahydrate .......................................................................................... 1.00 0.0667 

Boron oxide ............................................................................................. I 0.0 0.667 

Boron tribromide ..................................................................................... 10.0 0.667 

Boron trifluoride ...................................................................................... 3.00 0.200 

Bromacil .................................................................................................. l 0.0 0.667 

Bromine ................................................................................................... 0. 700 0.0467 

Bromine pentafluoride ............................................................................. 0.700 0.0467 

Bromochloromethane, see Chlorobromomethane ................................... . 

Butanethiol, see Butyl mercaptan 

2-Butoxyethanol ....................................................................................... 120 8.00 

n-Butyl acetate ......................................................................................... 710 47.3 

sec-Butyl acetate ...................................................................................... 950 63.3 

tert-Butyl acetate ...................................................................................... 950 63.3 

Butyl acrylate ........................................................................................... 55.0 3.67 

n-Butyl alcohol ........................................................................................ 150 10.0 

Sec-Butyl alcohol ..................................................................................... 305 20.3 

tert-Butyl alcohol ..................................................................................... 300 20.0 

Butylamine .......................................... : .................................................... 15.0 1.00 

tert-Butyl chromate, as Cr03 •••.••••••••••.•••••..••••••••••••••••••.•••..•••.••••.••••••••••••• 0.100 0.00667 

n-Butyl glycidol ether (BGE) ................................................................... 135 9.00 

n-Butyllactate ......................................................................................... . 25.0 

Butyl1nercaptan ....................................................................................... 1.50 0.10 

o-sec-Butylphenol .................................................................................... 30.0 2.00 

p-tert-Butylto1uene ................................................................................... 60 4.00 

Cadmimn Dusts as Cd .............................................................................. 0.0500 0.00333 

fume as Cd ............................................................................................. 0.0500 0.00333 

Calcium hydroxide ................................................................................... 5.00 0.333 

Calcium oxide .......................................................................................... 2.00 0.133 

Camphor, synthetic .................................................................................. 12.0 0.800 

20.2.72 NMAC February 18, 2002 31 
Captafol ................................................................................................... 0.100 0.00667 

Carbofuran ............................................................................................... 0.100 0.00667 

Carbon black ............................................................................................ 3.50 0.233 

Carbon tetrabrmnide ................................................................................ 1.40 0.0933 

Carbonyl fluoride ..................................................................................... 5.00 0.333 

Cesium hydroxide .................................................................................... 2.00 0.133 

Chlorinated diphenyl oxide ...................................................................... 0.500 0.0333 

Chlorine dioxide ...................................................................................... 0.300 0.0200 

Chlorine trifluoride .................................................................................. 0.400 0.0267 

Chloroacetaldehyde ................................................................................. 3.00 0.200 

a-Chloroacetophenone ............................................................................. 0.300 0.0200 

Chloroacetyl chloride ............................................................................... 0.200 0.0133 

0-Chlorobenzylidene malononitrile ......................................................... 0.400 0.0267 

Chlorobromornethane .............................................................................. I 050 70.0 

2-Chloro-1 ,3-butadiene, see B-Chloroprene 

Chlorodiphenyl (42% chlorine) ............................................................... 1.00 0.0667 

Chlorodiphenyl (54% chlorine) ............................................................... 0.500 0.033 

2-Chloroethanol, see Ethylene chlorohydrin 

1-Chloro-1-nitropropane .......................................................................... 10.0 0.667 

Chloropicrin ............................................................................................. 0. 700 0.0467 

o-Chlorostyrene ....................................................................................... 285 19.0 

o-Chlorotoluene ....................................................................................... 250 16.7 

2-Chloro-6-(trichloromethyl)pyridine. see Nitrapyrin 

Chlorpyrifos ............................................................................................. 0.200 0.0133 

Chromium metal ...................................................................................... 0.500 0.0333 

Clopidol ................................................................................................... 10.0 0.667 

Cobalt as Co ............................................................................................. 0.1 00 0.00667 

metal, dust & fume ................................................................................ 0.100 0.00667 

Copper 

fume ...................................................................................................... 0.200 0.0133 

dusts & 1nists, as Cu .............................................................................. 1.00 0.0667 

Cotton dust, raw ....................................................................................... 0.200 0.0133 

Croton aldehyde ........................................................................................ 6.00 0.400 

Crufomate ................................................................................................ 5.00 0.333 

Cyanamide ............................................................................................... 2.00 0.133 

Cyanogen ................................................................................................. 20.0 1.33 

Cyanogen chloride ................................................................................... 0.600 0.0400 

Cyclohexane ............................................................................................. 1050 70.0 

Cyclohexanol ........................................................................................... 200 13.3 

Cyclohexanone ......................................................................................... 100 6.67 

Cyclohexene ............................................................................................. 1015 67.7 

Cyclohexylamine ..................................................................................... 40.0 2.67 

Cyc1onite .................................................................................................. 1.50 0.100 

Cyclopentadiene ....................................................................................... 200 13.3 

Cyhexatin ................................................................................................. 5.00 0.333 

DDT (Dich1orodiphenyl trichloroethane) ................................................ 1.00 0.0667 

Decaborane .............................................................................................. 0.300 0.0200 

Demeton ................................................................................................... 0.1 00 0.00667 

Diacetone alcohol .................................................................................... 240 16.0 

1 ,2-Diaminoethane See Ethylenediamine 

Diazinon ................................................................................................... 0.100 0.00667 

Diborane .................................................................................................. 0.100 0.00667 

2-N-Dibutylaminoethanol ........................................................................ 14.0 0.933 

Dibuty1 phosphate .................................................................................... 5.00 0.333 

Dichloroacetylene .................................................................................... 0.400 0.0267 

20.2.72 NMAC February 18, 2002 32 
o-Dichlorobenzene ................................................................................... 300 

1 ,3-Dichloro-5,5-dimethyl hydantoin ....................................................... 0.200 

1,2-Dichloroethylene ............................................................................... 790 

Dichlorofluoromethane ............................................................................ 40.0 

1, 1-Dichloro-J-nitroethane ...................................................................... 10.0 

2,2-Dichloropropionic acid ...................................................................... 6.00 

Dicrotophos ............................................................................................. 0.250 

Dicyclopentadiene ................................................................................... 30.0 

Dicyclopentadienyl iron ........................................................................... 10.0 

Dieldrin .................................................................................................... 0.250 

Diethylamine ............................................................................................ 30.0 

2-Diethylaminoethanol ............................................................................. 50.0 

Diethylene triamine .................................................................................. 4.00 

Diethyl ether, see Ethyl ether 

Diethyl Ketone ......................................................................................... 705 

Diethyl phthalate ...................................................................................... 5.00 

Difluorodibromomethane ......................................................................... 860 

Diglycidal ether (DGE) ............................................................................ 0.500 

Diisobutyl ketone ..................................................................................... 250 

Diisopropylamine ..................................................................................... 20.0 

Dimethyl acetamide ................................................................................. 35.0 

Di1nethylamine ......................................................................................... 18.0 

Dimethylaminobenzene, see Xylidene 

Dimethyl-! ,2-dibromo-2-dichloroethyl phospate, see Naled 

2,6-Dimethyl-4-heptanone, see Diisobutyl ketone 

Dinitolmide .............................................................................................. 5.00 

Dinitrobenzene (all isomers) .................................................................... 1.00 

3,5-Dinitro-o-toluamide, see Dinitolmide 

Dioxathion ............................................................................................... 0.200 

Diphenylamine ......................................................................................... I 0.0 

Diphenylmethane diisocyanate, see Methylene bisphenyl isocyanate 

Dipropylene glycol methyl ether .............................................................. 600 

Dipropyl ketone ....................................................................................... 235 

Diquat ...................................................................................................... 0.500 

Disulfiram ................................................................................................ 2.00 

Disulfoton ................................................................................................ 0.100 

2,6-Ditert. butyl-p-cresol ......................................................................... I 0.0 

Diuron ...................................................................................................... 10.0 

Divinyl benzene ....................................................................................... 50.0 

Endosulfan ............................................................................................... 0 .I 00 

Endrin ...................................................................................................... 0.100 

Enzymes, see Subtilisins 

EPN .......................................................................................................... 0.500 

2,3-Epoxy-1-propanol, see Glycidol 

Ethanethiol, see Ethyl mercaptan 

Ethanolamine ........................................................................................... 8.0 

Ethion ....................................................................................................... 0.400 

Ethyl acetate ............................................................................................. 1400 

Ethylamine ............................................................................................... 18.0 

Ethyl amyl ketone .................................................................................... 130 

Ethyl bromide .......................................................................................... 890 

Ethyl butyl ketone .................................................................................... 230 

Ethylene chlorohydrin .............................................................................. 3.00 

Ethylenediamine ...................................................................................... 25.0 

Ethyl ether ................................................................................................ 1200 

20.2.72 NMAC February 18, 2002 

20.0 

0.0133 

52.7 

2.67 

0.667 

0.400 

0.0167 

2.00 

0.667 

0.167 

2.00 

3.33 

0.267 

47.0 

0.333 

57.3 

0.0333 

16.7 

1.33 

2.33 

1.20 

0.333 

0.0667 

0.0133 

0.667 

40.0 

15.7 

0.0333 

0.133 

0.00667 

0.667 

0.667 

3.33 

0.00667 

0.00667 

0.0333 

0.533 

0.0267 

93.3 

1.20 

8.67 

59.3 

15.3 

0.200 

1.67 

80.0 

33 
Ethy formate ............................................................................................ 300 

Ethylidene norbomene ............................................................................. 25.0 

Ethyl mercaptan ....................................................................................... 1.00 

N-Ethyiinorpholine .................................................................................. 23.0 

Ethyl silicate ............................................................................................ 85.0 

Fenamiphos .............................................................................................. 0.100 

Fensulfothion ........................................................................................... 0.100 

Fenthion ................................................................................................... 0.200 

Fer bam ..................................................................................................... 10.0 

Ferrovanadium dust ................................................................................. 1.00 

Fluorides, as F .......................................................................................... 2.50 

Fluorine .................................................................................................... 2.00 

Fonofos .................................................................................................... 0.100 

Formamide ............................................................................................... 30.0 

Formic acid .............................................................................................. 9.00 

Furfural .................................................................................................... 8.00 

Furfuryl alcohol ....................................................................................... 40.0 

Gasoline ................................................................................................... 900 

Germanium tetrahydride .......................................................................... 0.600 

Glutaraldehyde ......................................................................................... 0.700 

Glycidol ................................................................................................... 75.0 

Hafuium ................................................................................................... 0.500 

2-Heptanone, see Methyl n-amyl ketone 

3-Heptanone, see Ethyl butyl ketone 

Hexachloronaphthalene ............................................................................ 0.200 

Hexfluoroacetone ..................................................................................... 0.700 

2-Hexanone, see Methyl n-butyl ketone 

sec-Hexyl acetate ..................................................................................... 300 

Hexylene glycol ....................................................................................... 125 

Hydrogenated terphenyls ......................................................................... 5.00 

Hydrogen bromide ................................................................................... 10.0 

Hydrogen peroxide .................................................................................. 1.50 

4-Hydroxy-4-Methyl-2-pentanone, see Diacetone alcohol 

2-Hydroxypropyl acrylate ........................................................................ 3.00 

Indene ...................................................................................................... 45.0 

Indium & compounds as In ...................................................................... 0.1 00 

Iodine ....................................................................................................... 1.00 

Iodoform .................................................................................................. I 0.0 

Iron oxide fume (Fe20 3) as Fe ................................................................. 5.00 

Iron pentacarbonyl as Fe .......................................................................... 0.800 

Iron salts, soluble, as Fe ........................................................................... 1.00 

Isoamyl acetate ........................................................................................ 525 

Isoamyl alcohol ........................................................................................ 360 

Isobutyl acetate ........................................................................................ 700 

Isobutyl alcohol.. ...................................................................................... 150 

Isoocytl alcohol ........................................................................................ 270 

Isophorone diisocyanate ........................................................................... 0.0900 

Isopropoxyethano1 ................................................................................... 105 

Isopropyl acetate ...................................................................................... 950 

Isopropyl alcohol ..................................................................................... 980 

Isopropylamine ........................................................................................ 12.0 

N-Isopropy1aniline ................................................................................... 10.0 

Isopropyl ether ......................................................................................... 1050 

Isopropyl glycidyl ether (IGE) ................................................................. 240 

Ketene ...................................................................................................... 0.900 

20.2.72 NMAC February 18, 2002 

20.0 

1.67 

0.0667 

1.53 

5.67 

0.00667 

0.00667 

0.0133 

0.667 

0.0667 

0.167 

0.133 

0.00667 

2.00 

0.600 

0.533 

2.67 

60.0 

0.0400 

0.0467 

5.00 

0.033 

0.0133 

0.0467 

20.0 

8.33 

0.333 

0.667 

0.100 

0.200 

3.00 

0.00667 

0.0667 

0.667 

0.333 

0.0533 

0.0667 

35.0 

24.0 

46.7 

10.0 

18.0 

0.00600 

7.00 

63.3 

65.3 

0.800 

0.667 

70.0 

16.0 

0.0600 

34 
Lithium hydride ....................................................................................... 0.0250 00167 

Magnesium oxide fume ............................................................................ 10.0 0.667 

Malathion ................................................................................................. 10.0 0.667 

Manganese as Mn 

dust. ....................................................................................................... 5.00 0.333 

fume ...................................................................................................... 1.00 0.0667 

Mesityl oxide ........................................................................................... 60 4.00 

Methacrylic acid ...................................................................................... 70.0 4.67 

Methanethiol, see Methyl mercaptan 

Methomyl ................................................................................................. 2.50 0.167 

4-Methoxyphenol ..................................................................................... 5.00 0.333 

Methyl acetate .......................................................................................... 610 40.7 

Methyl acrylate ........................................................................................ 35.0 2.33 

Methylacrylonitrile .................................................................................. 3.00 0.200 

Methylamine ............................................................................................ 12.0 0.800 

Methyl amyl alcohol, see Methyl isobutyl carbinol 

Methyl n-amyl ketone .............................................................................. 235 15.7 

N-Methyl aniline ...................................................................................... 2.00 0.133 

Methyl n-butyl ketone .............................................................................. 20.0 1.33 

Methyl 2-cyanoacrylate ............................................................................ 8.00 0.533 

Methylcyclohexanol ................................................................................. 235 15.7 

o-Methylcyclohexanone ........................................................................... 230 15.3 

Methyl demeton ....................................................................................... 0.500 0.033 

Methylene bisphenyl isocyanate (MDI) ................................................... 0.200 0.0133 

Methylene bis(4-cyclohexylisocyanate) ................................................... 0.110 0.00733 

Methyl ethyl ketone peroxide ................................................................... 1.50 0.100 

Methyl formate ......................................................................................... 250 16.7 

5-Methyl-3-heptanone, see Ethyl amyl ketone ........................................ . 

Methyl isoamyl ketone ............................................................................. 240 16.0 

Methyl isobutyl carbinol .......................................................................... 100 6.67 

Methyl isopropyl ketone .......................................................................... 705 47.0 

Methyl mercaptan .................................................................................... 1.00 0.0667 

Methyl parathion ...................................................................................... 0.200 0.0133 

Methyl propyl ketone ............................................................................... 700 46.7 

Methyl silicate .......................................................................................... 6.00 0.400 

a-Methyl styrene ...................................................................................... 240 16.0 

Metribuzin ................................................................................................ 5.00 0.333 

Mevinphos ............................................................................................... 0.100 0.00667 

Molybdenum as Mo 

soluble compounds ............................................................................... 5.00 0.333 

insoluble compounds ............................................................................ 10.0 0.667 

Moncrotophos .......................................................................................... 0.250 0.0167 

Morpholine .............................................................................................. 70.0 4.67 

Naled ........................................................................................................ 3.00 0.2 

Nickel Metal ............................................................................................ 1.00 0.0667 

Nicotine ................................................................................................... 0.500 0.0333 

N itrapyrin ................................................................................................. 1 0. 0 0.667 

Nitric acid ................................................................................................ 5.00 0.333 

p-Nitroaniline ........................................................................................... 3.00 0.200 

p-Nitrochlorobenzene .............................................................................. 3.00 0.200 

Nitroethane .............................................................................................. 31 0 20.7 

Nitrogen trifluoride .................................................................................. 300 2.00 

Nitroglycerin ............................................................................................ 0.500 0.00333 

Nitromethane ........................................................................................... 250 16.7 

1-Nitropropane ......................................................................................... 90.0 6.00 

20.2.72 NMAC February 18, 2002 35 
Nitrotoluene ............................................................................................. 11.0 0.733 

Nitrotrichloromethane, see Chloropicrin 

Nonane ..................................................................................................... 1 050 70.0 

Octachloronaphthalene ............................................................................ 0.100 0.0067 

Octane ...................................................................................................... 1450 96.7 

Oil mist, mineral ...................................................................................... 5.00 0.333 

Osmium tetroxide as Os ........................................................................... 0.00200 0.000133 

Oxalic acid ............................................................................................... 1.00 0.0667 

Oxygen difluoride .................................................................................... 0.100 0.00667 

Paraffin wax fume .................................................................................... 2.00 0.133 

Paraquat respirable sizes .......................................................................... 0.100 0.00667 

Pentaborane ............................................................................................. 0.0100 0.000667 

Pentachloronaphthalene ........................................................................... 0.500 0.0333 

2-Pentanone, see Methyl propyl ketone .................................................. . 

Perchloromethyl mercaptan ..................................................................... 0.800 0.0533 

Perchloryl fluoride ................................................................................... 14.0 0.933 

Phenacyl chloride, see a-Chloroacetophenone 

Phenothiazine ........................................................................................... 5.00 0.333 

Phenyl ether, vapor .................................................................................. 7.00 0.467 

Phenyl glycidyl ether (POE) .................................................................... 6.00 0.400 

Phenyl mercaptan ..................................................................................... 2.00 0.133 

Phenylphosphine ...................................................................................... 0.250 0.0167 

Phorate ..................................................................................................... 0.0500 0.00333 

Phosdrin, see Mevinphos 

Phosphoric acid ........................................................................................ 1.00 0.0667 

Phosphorus oxychloride ........................................................................... 0.600 0.0400 

Phosphorus pentachloride ........................................................................ 1.00 0.0667 

Phosphorus pentasulfide .......................................................................... 1.00 0.0667 

Phosphorus trichloride ............................................................................. 1.50 0.100 

m-Phthalodinitrile .................................................................................... 5.00 0.333 

Picloram ................................................................................................... 10.0 0.667 

Picric acid ................................................................................................ 0.100 0.00667 

Pin done .................................................................................................... 0.100 0.00667 

Piperazine dihydrochloride ...................................................................... 5.00 0.333 

2-Pivalyl-1 ,3-indandione, see Pin done 

Platinum 

metal ..................................................................................................... 1.00 0.0667 

soluble salts, as Pt ................................................................................. 0.00200 0.000133 

Potassium hydroxide ................................................................................ 2.00 0.133 

Propargyl alcohol ..................................................................................... 2.00 0.133 

Propionic acid .......................................................................................... 30.0 2.00 

n-Propyl acetate ....................................................................................... 840 56.0 

Propyl alcohol .......................................................................................... 500 33.3 

Propylene glycol dinitrate ........................................................................ 0.300 0.200 

n-Propyl nitrate ........................................................................................ 105 7.00 

Pyrethrwn ................................................................................................. 5.00 0.333 

Pyridine .................................................................................................... 15.0 1.00 

RDX, see Cyclonite 

Resorcinol ................................................................................................ 45.0 3.00 

Rhodium 

metal ..................................................................................................... 1.00 0.0667 

insoluble compounds, as Rh .................................................................. 1.00 0.0667 

soluble compounds, as Rh ..................................................................... 0.0100 0.000667 

Ronnel ...................................................................................................... 10.0 0.667 

Rotenone (commercial) ............................................................................ 5.00 0.333 

20.2. 72 NMAC February 18, 2002 36 
Selenium as Se ......................................................................................... 0.200 0.0133 

Sesone ...................................................................................................... 10.0 0.667 

Silane, see silicon tetrahydride 

Silicon tetrahydride .................................................................................. 7.00 0.467 

Silver 

metal ..................................................................................................... 0.100 0.00667 

soluble compounds, as Ag .................................................................... 0.0100 0.000667 

Sodium azide ........................................................................................... 0.300 0.0200 

Sodium bisulfite ....................................................................................... 5.00 0.333 

Sodium 2,4-dichloro-phenoxyethyl sulfate, see Sesone 

Sodium fluoroacetate ............................................................................... 0.0500 0.00333 

Sodium hydroxide .................................................................................... 2.00 0.133 

Sodium metabisulfite ............................................................................... 5.00 0.333 

Stibine ...................................................................................................... 0.500 0.0333 

Stoddard solvent ...................................................................................... 525 35.0 

Strychnine ................................................................................................ 0.150 0.0100 

Subtilisins (Proteolytic enzymes as 100% 

pure crystalline enzyme)······································································· 6.00x 1 0'

5 4.00xto·6 

Sulfotep .................................................................................................... 0.200 0.0133 

Sulfuric acid ............................................................................................. 1.00 0.0667 

Sulfur monochloride ................................................................................ 6.00 0.400 

Sulfur pentafluoride ................................................................................. 0.100 0.00667 

Sulfur tetrafluoride ................................................................................... 0.400 0.0267 

Sulfuryl fluoride ....................................................................................... 20.0 1.33 

Sulprofos .................................................................................................. 1.00 0.0667 

Systox, see Demeton 

2,4,5-T ..................................................................................................... 10.0 0.667 

Tantalum .................................................................................................. 5.00 0.333 

TEDP, see Sulfotep ................................................................................ .. 

Tellurium & Compounds as Te ................................................................ 0.100 0.00667 

Tellurium hexafluoride as Te ................................................................... 0.200 0.0133 

Temephos ................................................................................................. 10.0 0.667 

TEPP ........................................................................................................ 0.0500 0.00333 

Terpheny1s ............................................................................................... 5.00 0.333 

Tetrachloronaphthalene ........................................................................... 2.00 0.133 

Tetramethyl succinoitrile ......................................................................... 3.00 0.200 

Tetranitromethane .................................................................................... 8.00 0.533 

Tetrasodium pyrophosphate ..................................................................... 5.00 0.333 

Tetryl ....................................................................................................... 1.50 0.100 

Thallium, soluble compounds, as Tl ........................................................ 0.100 0.00667 

4,4-Thiobis (6 tert, butyl-m-cresol) .......................................................... 10.0 0.667 

Thioglycolic acid ..................................................................................... 4.00 0.267 

Thionyl chloride ....................................................................................... 5.00 0.333 

Thiram ..................................................................................................... 5.00 0.333 

Tin 

metal ..................................................................................................... 2.00 0.133 

oxide & inorganic compounds, except SnH4, as Sn .............................. 2.00 0.133 

organic compounds as Sn ...................................................................... 0.100 0.00667 

m-Toluidine ............................................................................................. 9.00 0.600 

Tributyl phosphate ................................................................................... 2.50 0.167 

Trichloroacetic acid ................................................................................. 7.00 0.467 

Trichloronaphthalene ............................................................................... 5.00 0.333 

Trichloronitromethane, See Chloropicrin 

1 ,2,3-Trichloropropane ............................................................................ 300 20.0 

Tricyclohexyltin hydroxide, see Cyhexatin 

20.2.72 NMAC February 18, 2002 37 
Trimellitic anhydride ............................................................................... 0.0400 

TrimethylaiiJine ........................................................................................ 24.0 

Trimethyl benzene ................................................................................... 125 

Trimethyl phosphite ................................................................................. I 0.0 

2,4,6-Trinitrophenol, see Picric acid 

2,4,6-Trinitrophenylmethylnitramine, see Tetryl 

2,4,6-Trinitrotoluene (TNT) .................................................................... 0.500 

Triorthosresyl phosphate .......................................................................... 0.100 

Triphenyl amine ....................................................................................... 5.00 

Triphenyl phosphate ................................................................................ 3.00 

Tungsten as W 

insoluble compounds ............................................................................ 5.00 

soluble compounds ............................................................................... 1.0 

Turpentine ................................................................................................ 560 

Uranium (natural) soluble & insoluble compounds as U ......................... 0.200 

n-Valeraldehyde ....................................................................................... 175 

Vanadium, as V20 5 respirable dust & fume ............................................. 0.0500 

Vinyl toluene ............................................................................................ 240 

VM & P Naphtha ..................................................................................... 1350 

Warfarin ................................................................................................... 0.100 

Wood dust (certain hard woods as beech & oak) ..................................... 1.00 

soft wood .............................................................................................. 5.00 

m-Xylene a,a-diamine .............................................................................. 0.100 

Xylidine ................................................................................................... 10.0 

Yttrium ..................................................................................................... 1.00 

Zinc chloride fume ................................................................................... 1.00 

Zinc oxide fume ....................................................................................... 5.00 

Zirconium compounds as Zr .................................................................... 5.00 

20.2.72 NMAC February 18, 2002 

0.00267 

1.60 

8.33 

0.667 

0.0333 

0.00667 

0.333 

0.200 

0.333 

37.3 

37.3 

0.0133 

11.7 

0.00333 

16.0 

90.0 

0.00667 

0.0667 

0.333 

0.00667 

0.667 

0.0667 

0.0667 

0.333 

0.333 

38 
SUBSTANCE 

Table B - Known or Suspected Carcinogens 

OEL 

mg/m3 

Coal tar volatiles, as benzene solubles ..................................................... 0.200 

B-Naphthylamine ..................................................................................... 0.00300* 

N-Phenyl-beta-naphthylamine .................................................................. 5.00** 

Phenylhydrazine ....................................................................................... 20.0 

o-Tolidine ................................................................................................ 11.0** 

p-Toluidine .............................................................................................. 9.00 

Vinyl cyclohexene dioxide ....................................................................... 60.0 

FOOTNOTES 

The emissions in pounds per hour in Section 502 were derived using the formula listed below: 

emission level (lbslhr) = OEL (mg/m3

) + 15 

Emissions 

in pounds 

per hour 

0.0133 

2.00xto·4 

0.333 

1.33 

0.733 

0.600 

4.00 

* =Compound for which an OEL is not listed by the ACGIH. Value derived by using the miminum detectable level 

listed in the NIOSH "Manual of Analytical Methods", Third Edition. 

** = Compound for which an OEL is not listed by the ACGIH and for which there is no chemical specific analytical 

method listed in the NIOSH "Manual of Analytical Methods", Third Edition. A minimum dectable level (MDL) was 

derived by using the MDL of a similar compound listed in the NIOSH analytical methods or by assigning the 

average MDL for a class of compounds such as "halogenated hydrocarbons". In some cases the lowest MDL of the 

whole class was used. 

20.2.72 NMAC February 18, 2002 39 
Table C - Stack Height Release Correction Factor 

Sources may choose to use a correction factor for the release height of emissions for the purpose of determining 

whether a permit is necessary for the emission of a toxic air pollutant. To apply the correction go to the table below 

and find the minimum height of release for the toxic air pollutant and select the correction factor (CF) which 

corresponds to that figure. If the height of release is between two values, the lower number shall be selected; or in 

the event of multiple releases of the same substance from different release heights, the source may choose to use a 

weighted average CF, weighted by the emission rate at each. The emissions in pounds per hour is then multiplied by 

the CF (see below). If the emissions from your source exceed the resulting number, you must apply for a permit 

from the Department. Remember, this must be done for each toxic air pollutant. 

CF x Emissions in Pounds per Hour 

where: E - emission rate (pounds per hour) 

OEL - occupational exposure limit (mg per cubic meter) 

CF is a correction factor, shown in the table below, which accounts for release height. 

Release Height in Meters 

Less than 3 

10 

20 

30 

40 

50 

60 

70 

80 

90 

100 

110 

120 

130 

140 

150 

160 

170 

180 

190 

200 

[6-14-94; 11-30-95; 8-14-98] 

HISTORY OF 20.2.72 NMAC: 

Pre-NMAC History: 

Correction Factor (CF)* 

1 

5 

19 

41 

71 

108 

152 

202 

255 

317 

378 

451 

533 

617 

690 

781 

837 

902 

1002 

1066 

1161 

Material in the part was derived from that previously filed with the commission of public records- state records 

center and archives: 

AQCR 702, Permits, filed 7-31-72 

EIB/ AQCR 702, Air Quality Control Regulation 702 - Permits, filed 8-18-87 

EIB/ AQCR 702, Air Quality Control Regulation 702 -Permits, filed 10-19-88 

EIB/AQCR 702, Air Quality Control Regulation 702- Permits, filed 5-29-90 

EIB/ AQCR 702, Air Quality Control Regulation 702 - Permits, filed 4-12-94 

EIB/ AQCR 702, Air Quality Control Regulation 702 - Permits, filed 5-13-94. 

20.2.72 NMAC February 18, 2002 40 
History of Repealed Material: [Reserved) 

Other History: 

EIB/AQCR 702, Air Quality Control Regulation 702- Pennits, filed 5-13-94 renumbered to 20 NMAC 2.72, Air 

Quality Statewide- Construction Pennits, filed 10-30-95 

20 NMAC 2.72, Air Quality Statewide- Construction Pennits, filed 10-30-95 renumbered and amended to 20.2.72 

NMAC, Air Quality Statewide- Construction Pennits, effective 2-2-01. 

20.2.72 NMAC February 18, 2002 41 
STATE OF NEW :MEXICO 

ENVIRONMENTAL IMPROVE:MENT BOARD 

IN THE l\1A TTER OF PROPOSED REVISIONS TO: 

20.2.72 N.MAC- CONSTRUCTION PERMITS 

20.2.73 N.MAC- NOTICE OF INTENT AND EMISSION INVENTORY REQUIREMENTS 

NEW :MEXICO ENVIRONMENT DEPARTMENT'S 

EXHIBIT LIST 

EXHIBIT l'ILT1\1BER TITLE OF EXHIBIT 

NNlED 1 Proposed 20.2.72 NMAC- Constmction Permits 

NMED 2 Proposed 20.2.73 NMAC- Notice of Intent and Emissions 

NMED3 

Inventory Requirements 

House Bill278, as amended and signed into law, titled "An Act 

relating to the Environment; amending the Air Quality Control Act; 

cla.ri:fYing the definition of 'Potential Emission Rate'; providing for 

limitations on civil actions for violation of the Act." 
PROPOSED REVISIONS TO 

20.2.72 NMAC- CONSTRUCTION PERMITS 

SECTION 20.2.72.7.Y 

To Incorporate Statutory Revision To The Definition Of 

"Potential Emission Rate" 

underlined text is proposed to be added 

[strikeelft and bracketed] text is proposed to be deleted 

TITLE20 

CHAPTER2 

PART 72 

ENVIRONMENTAL PROTECTION 

AIR QUALITY {STATEWIDE) 

CONSTRUCTION PERMITS 

20.2.72.1 ISSUING AGENCY: Environmental Improvement Board. 

[11-30-95; 20.2.72.1 NMAC- Rn, 20 NMAC 2.72.100 2-2-01] 

20.2.72.2 SCOPE: All persons who intend to construct or modifY a source, except as otherwise provided 

by this Part. 

[11-30-95; 20.2.72.2 NMAC- Rn, 20 NMAC 2.72.101 2-2-01.] 

20.2.72.3 STATUTORY AUTHORITY: Environmental Improvement Act, NMSA 1978, Section 74-1-

8(A)(4) and Air Quality Control Act, NMSA 1978, Sections 74-2-1 et seq., including specifically, Section 74-2-

7(A)(1), (B), (C) and (D). 

[11-30-95; 20.2.72.3 NMAC- Rn, 20 NMAC 2.72.102 2-2-01] 

20.2.72.4 DURATION: Permanent. Notwithstanding the applicability provisions of20.2. 72.402 NM<\C, 

the Department is stayed from enforcing requirements relating to asphalt fumes as a toxic air pollutant for new or 

modified sources until September 1, 1997. 

[11-30-95; A, 8-2-96; 20.2.72.4 NMAC- Rn, 20 NMAC 2.72.103 2-2-01.] 

20.2.72.5 EFFECTNE DATE: November 30, 1995 except where a later date is cited at the end of a 

section or paragraph. 

[The latest effective date of any section in this Part is March 30, 2001] 

[11-30-95; A, 4-22-98; 20.2.72.5 NMAC- Rn, 20 NJvfAC 2.72.104 2-2-01] 

20.2.72.6 OBJECTNE: The objective of this Part is to establish the requirements tor obtaining a 

construction permit. 

[11-30-95; 20.2.72.6 NMAC- Rn, 20 NMAC 2.72.105 2-2-01] 

20.2.72.7 

Part: 

DEFINITIONS: In addition to the terms defined in 20.2.2 NMAC (Definitions) as used in this 

A. "Accelerated review" means an optional process of permit application review that allows the 

Department to utilize a qualified outside firm to assist in review of a construction permit application. 

B. "Affiliate," for the purposes of accelerated review, means a person that directly or indirectly, 

through one or more intermediaries, controls or is under common control with another person. Control includes 

the possession of the power to direct or cause the direction of management and policies of a person, whether 

directly or indirectly through the ownership, control or holding with the power to vote ten percent or more of the 

person's voting securities. 

C. "Air pollution control equipment" means any device, equipment, process or combination 

thereof the operation of which would limit, capture, reduce, confine, or otherwise control air contaminants or 

EXHIBIT 

20.2. 72 NMAC Proposed January 11, 2002 
convert for the purposes of control any air contaminant to another fonn, another chemical or another physical 

state. 

D. "Ambient air" means the outdoor atmosphere, but does not include the area entirely within the 

boundaries of the industrial or manufacturing property within which the air contaminants are or may be emitted 

and public access is restricted within such boundaries. 

E. "Coal mining operation" means the business of developing, producing, preparing or loading 

bituminous coal, subbituminous coal, anthracite, or lignite, or of reclaiming the areas upon which such activities 

occur. This definition does not include coal preparation plants. 

F. "Coal preparation plant" means any facility which prepares coal by one or more of the 

following processes: breaking, crushing, screening, wet or dry cleaning, and thennal drying. 

G. "Commencement" means that an owner or operator has undertaken a continuous program of 

construction or modification. 

H. "Conflict of interest," for the purposes of accelerated review, means any direct or indirect 

relationship between the qualified outside firm and the applicant or other interested person that would cause a 

reasonable person with knowledge of the relevant facts to question the integrity or impartiality of the qualified 

outside finn in review of the application. A conflict of interest does not include any gifts, gratuities, financial or 

contractual relationship of less than one hundred dollars ($1 00) in value for the twelve month period preceding 

Department receipt of the application. A conflict of interest includes but is not limited to the following examples: 

(1) Gifts or gratuities of value have been exchanged between the qualified outside firm and the 

applicant. 

(2) The qualified outside finn has provided goods or services to the applicant within one year prior 

to the start, or during the tenn, of the accelerated review process. 

(3) An express or implied contractual relationship exists between the qualified outside finn and the 

applicant and the qualified outside firm has provided goods or services to the applicant through that relationship 

within five years prior to the start of the accelerated review process. 

(4) There is a current financial relationship between the qualified outside fum and the applicant. 

Current financial relationships include, but are not limited to: 

(a) The qualified outside finn owes anything of value to, or is owed anything of value by the 

applicant. 

(b) The qualified outside finn has provided goods or services to the applicant and has issued 

a warranty or guarantee for the work that is still in effect during the time the contracted work for accelerated 

review is being performed. 

(5) A director, officer, or employee of the qualified outside finn, who will perform services under a 

contract pursuant to this section (20.2. 72.221 NMAC), has one or more personal, business, or financial interests or 

relationships with the applicant or any director, officer or employee of the applicant which would cause a 

reasonable person with knowledge of the relevant facts to question the integrity or impartiality of those who are or 

will be acting under a contract. 

(6) A director, officer or employee of the qualified outside finn was a director, officer or employee 

of the applicant within one year prior to the start of the accelerated review process. 

(7) Except where allowed by the Department, communication has been made between the qualified 

outside finn and the applicant regarding the substance of the application before a qualified outside firm has been 

selected to perfonn accelerated review of an application. Direct communication between the qualified outside finn 

and the applicant may take place once the qualified outside finn has been selected by the Department. 

(8) Any affiliate of the applicant has any of the above identified relationships with the qualified 

outside finn. 

(9) Any affiliate of the qualified outside finn has any of the above identified relationships with the 

applicant. 

(10) Any affiliate of the applicant has any of the above identified relationships with any affiliate of 

the qualified outside firm. 

I. "Construction" means fabrication, erection, installation or relocation of a stationary source, 

including but not limited to temporary installations and portable stationary sources. 

J. "Emergency" means unforeseen circumstances resulting in an imminent and substantial 

endangerment to health, safety, or welfare which requires immediate action. 

20.2.72 NMAC Proposed January 11, 2002 2 
K. "Federally enforceable" means all limitations and conditions which are enforceable by the 

administrator of the US EPA, 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. 

L. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening. 

M. "Hazardous air pollutant" means an air contaminant which has been classified as a ''hazardous 

air pollutant" by the administrator of the US EPA and is subject to a NESHAP. 

N. "Interested person," as used in the definition of conflict of interest, means any person, other 

than the Department, that is reasonably expected to provide or has provided substantive comment or technical 

evidence on the permit application. 

0. "Malfunction" means any sudden and unavoidable failure of air pollution control equipment, 

process equipment, or process to operate in an expected manner. Failures that are caused entirely or in part by 

poor maintenance, careless operation, or any other preventable equipment breakdown shall not be considered a 

malfunction. 

P. "Modification" means any physical change in, or change in the method of operation of, a 

stationary source which results in an increase in the potential emission rate of any regulated air contaminant 

emitted by the source or which results in the emission of any regulated air contaminant not previously emitted, but 

does not include: 

(1) a change in ownership of the source; 

(2) routine maintenance, repair or replacement; 

(3) installation of air pollution control equipment, and all related process equipment and materials 

necessary for its operation, undertaken for the purpose of complying with regulations adopted by the board or 

pursuant to the Federal Act; or 

(4) unless previously limited by enforceable permit conditions: 

(a) an increase in the production rate, if such increase does not exceed the operating design 

capacity of the source; 

(b) an increase in the hours of operation; or 

(c) use of an alternative fuel or raw material if, prior to January 6, 1975, the source was 

capable of accommodating such fuel or raw material, or if use of an alternate fuel or raw material is caused by any 

natural gas curtailment or emergency allocation or any other lack of supply of natural gas. 

Q. "National Ambient Air Quality Standard" means, unless otherwise modified, the primary 

(health-related) and secondary (welfare-based) federal ambient air quality standards promulgated by the US EPA 

pursuant to Section 109 of the Federal Act. 

R "National Emission Standards for Hazardous Air Pollutants" or "NESHAP" mean the 

regulatory requirements, guidelines and emission limitations promulgated by the US EPA pursuant to Section 112 

oftheFederal Act. 

S. "New Source Performance Standard" or "NSPS" means the regulatory requirements, 

guidelines and emission limitations promulgated by the US EPA pursuant to Section 111 of the Federal Act. 

T. "Nonattainment area" means for any air contaminant 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 or New Mexico ambient air quality standard for such contaminant. Such term 

includes any areas identified under Sub-paragraphs (A) through (C) of Section 107 (d)(l) ofthe Federal Act. 

C "Operator" means the person or persons responsible for the overall operation of a facility. 

V. "Owner" means the person or persons who own a facility or part of a facility. 

W. "Part" means an air quality control regulation under Title 20, Chapter 2 of the New Mexico 

Administrative Code, unless otherwise noted; as adopted or amended by the Board. 

X. "Portable stationary source" means a source which can be relocated to another operating site 

with limited dismantling and reassembly, including for example but not limited to moveable sand and gravel 

processing operations and asphalt plants. 

Y. "Potential emission rate" means the emission rate of a source at its maximum capacity to emit a 

regulated air contaminant under its physical and operational design. provided any physical or operational 

20.2. 72 NMAC Proposed January 11, 2002 3 
limitation on the capacitv of the source to emit a regulated air contaminant, 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 physical and operational design only if the limitation or the effect it would 

have on emissions is enforceable by the department pursuant to the Air Quality Control Act or the federal Act. [ffi 

the absence of air poll\itioB coBtrol eqffipment which is Bot ..,<ital to prodlictioa of1:B:e B:OFB3:al prodlict of the solifce 

or to its aormal operatioa. The deterJB:iB:atioa ofmaxil:B:W:B capacity fficlttdes aay fuderally OB:forceaele fJhysical or 

operatioaallimitatioR oa the capacity of the solifce.] 

Z. "Qualified outside firm" means any person who has entered into a contract with the 

Department to provide assistance in the accelerated review of construction permit applications. 

AA. "Regulated air contaminant" means, any air contaminant, the emission or ambient 

concentration of which is regulated pursuant to the New Mexico Air Quality Control Act or the Federal Act. 

BB. "Shutdown" means the cessation of operation of any air pollution control equipment, process 

equipment or process for any purpose, except routine phasing out of batch process units. 

CC. "Standard Industrial Classification" or "SIC" means the code from the classification manual 

created by the Executive Office of the President-Office of Management and Budget, which categorizes industrial, 

manufacturing and commercial facilities, as listed in the Standard Industrial Code Manual published by the U.S. 

Government Printing Office, Washington D.C. 1972. 

DD. "Startup" means the setting into operation of any air pollution control equipment, process 

equipment or process for any purpose, except routine phasing in of batch process units. 

EE. "Stationary source" or "source" means any building, structure, equipment, facility, installation 

(including temporary installations), operation or portable stationary source which emits or may emit any air 

contaminant. Any research facility may group its sources for the purpose of this Part at the discretion of the 

Secretary. 

[11-30-95; 20.2.72.7 NMAC- Rn, 20 NMAC 2.72.107 2-2-01; A, 03-30-01] 

20.2.72.8 AMENDlVIENT AND SUPERSESSION OF PRIOR REGULATIONS: This Part amends and 

supersedes Air Quality Control Regulation ("AQCR") 702 -Permits, filed May 29, 1990, as amended ("AQCR 

702"). 

A. All references to AQCR 702 in any other rule shall be construed as a reference to this Part. 

B. The amendment and supersession of AQCR 702 shall not affect any administrative or judicial 

enforcement action pending on the effective date of such amendment nor the validity of any permit issued pursuant 

to AQCR 702. 

[11-30-95; 20.2.72.8 NMAC- Rn, 20 NMAC 2.72.106 2-2-01] 

20.2. 72.9 DOCUMENTS: Docmnents incorporated and cited in this Part may be viewed at theN ew 

Mexico Environment Department, Air Quality Bureau, Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, 

Nlvf 87505. 

[11-30-95; 20.2.72.9 NMAC- Rn, 20 NMAC 2.72.108 2-2-01] 

20.2.72.10- 20.2.72.199 [RESERVED] 

20.2.72.200 APPLICATION FOR CONSTRUCTION, MODIFICATION, NSPS, AND NESHAPPERMITS AND REVISIONS: 

A. Permits must be obtained from the Department by: 

(1) Any person constructing a stationary source which has a potential emission rate greater than 10 

pounds per hour or 25 tons per year of any regulated air contaminant for which there is a National or New Mexico 

Ambient Air Quality Standard. If the specified threshold in this subsection is exceeded for any one regulated air 

contaminant, all regulated air contaminants with National or New Mexico Ambient Air Quality Standards emitted 

are subject to permit review. Within this subsection, the potential emission rate for nitrogen dioxide shall be based 

on total oxides of nitrogen; 

(2) Any person modifYing a stationary source when all of the pollutant emitting activities at the 

entire facility, either prior to or following the modification, emit a regulated air contaminant for which there is a 

National or New Mexico Ambient Air Quality Standard with a potential emission rate greater than 1 0 pounds per 

20.2.72 NMAC Proposed January 11, 2002 4 
hour or 25 tons per year and the regulated air contaminant is emitted as a result of the modification. If the 

specified threshold in this subsection is exceeded for any one regulated air contaminant, all regulated air 

contaminants with National or New Mexico Ambient Air Quality Standards emitted by the modification are subject 

to permit review. Within this subsection, the potential emission rate for nitrogen dioxide shall be based on total 

oxides ofnitrogen; 

(3) Any person constructing or modifying any source or installing any equipment which is subject 

. to 20.2. 77 NMAC (New Source Performance Standards), 20.2.78 NMAC (Emission Standards for Hazardous Air 

Pollutants), or any other New Mexico Air Quality Control Regulation which contains emission limitations for any 

regulated air contaminant; 

(4) For toxic air pollutants, see 20.2.72.400 NMAC- 20.2.72.499 NMAC; 

(5) Any person constructing a stationary source which has a potential emission rate for lead greater 

than 5 tons per year or modifying a stationary source which either prior to or following the modification has a 

potential emission rate for lead greater than 5 tons per year; or 

(6) Sources which are major sources of hazardous air pollutants by the definitions in 20.2.83 

NMAC (Construction or Modification ofMajor Sources of Hazardous Air Pollutants). 

B. Fugitive dust emissions from a coal mining operation shall not be subject to the requirements of 

Paragraph 1 of Subsection A of20.2. 72.200 NMAC. Note: New coal mining operations are required to have an 

approved air pollution control plan for fugitive dust emissions by the New Mexico Surface Coal Mining 

Commission. 

C. Any source or modification meeting the applicability requirements of this Part, but which is a 

major stationary source or a major modification as defined in 20.2.74 NMAC, shall in addition be subject to 

20.2. 74 NMAC (Prevention of Significant Deterioration). 

D. Any source or modification meeting the applicability requirements of this Part but which is a 

major stationary source or a major modification as defined in 20.2.79 NMAC, shall in addition be subject to 

20.2. 79 NMAC (Permits - Nonattainment Areas). 

E. For all sources subject to this Part, applications for permits shall be filed prior to the 

commencement of the construction, modification or installation. Regardless ofthe anticipated commencement 

date, no construction, modification or installation shall begin prior to issuance of the permit. 

F. Temporary installations and portable stationary sources are subject to this Part. 

G. If a source consists of more than one unit, a separate permit may be required for each unit which 

is not substantially interrelated with another unit. A common connection leading to ductwork, pollution control 

equipment or a single stack shall not, by itself, constitute a substantial interrelationship. 

H. Any source which previously did not require a permit because it was in existence before August 

31, 1972 shall be subject to the requirements of this Part if operations cease for a period of five years or more and 

the source has a potential emission rate greater than 10 pounds per hour or 25 tons per year of any regulated air 

contaminant for which there is a National or New Mexico Ambient Air Quality Standard. 

I. Any source meeting the applicability requirements of this Part, but which is a major source of 

hazardous air pollutants, shall in addition be subject to 20.2.83 NMAC (Construction or Modification of Major 

Sources ofHazardous Air Pollutants). 

[11-30-95] 

20.2.72.201 NEW SOURCE REVIEW COORDINATION: In cases where the new source review 

requirements of either 20.2.74 NMAC, 20.2.77 NMAC, 20.2.78 NMAC, 20.2.79 NMAC, or 20.2.83 NMAC 

(Construction or Modifications of Major Sources of Hazardous Air Pollutants) apply to a new stationary source or 

modification in addition to this Part, the following provisions apply: 

A. Only one permit application shall be submitted. The applicant shall submit a sufficient number 

of copies to meet the requirement of the applicable Part which requires the most copies; 

B. The application shall be ruled administratively complete when information required by all 

applicable Parts has been ,submitted; 

C. Definitions and requirements of each applicable Part are applied separately and do not supersede 

each other; and 

D. After the requirements of all applicable Parts are met, only one permit shall be issued. 

[11-30-95; A, 1-1-00] 

20.2.72 NMAC Proposed January 11, 2002 5 
20.2.72.202 EXEMPTIONS: The following exemptions are made to the following requirements of 

20.2. 72.200 NMAC - 20.2. 72.299 NMAC. The exemptions in this section do not apply to emissions of toxic air 

pollutants listed under 20.2.72.502 NMAC, do not alter the calculation of the potential emissions oftoxic air 

pollutants for applicability under 20.2. 72.402 NMAC, and do not exempt the Department or the owner or operator 

of any source from any requirement under 20.2. 72.403 NMAC, 20.2. 72.404 NMAC, or 20.2. 72.405 NMAC. 

A. The following sources and activities shall not be reported in the permit application. Emissions 

from such activities shall not be included in the calculation of facility-wide potential emission rate under 

Paragraphs 1 or 2 of Subsection A of20.2.72.200 NMAC. Such activities may be commenced or changed without 

a permit or permit revision under 20.2. 72.200 NMAC - 20.2. 72.299 NMAC: 

(1) Activities which occur strictly for maintenance of grounds or buildings, including: lawn care, 

pest control, grinding, cutting, welding, painting, woodworking, sweeping, general repairs, janitorial activities, 

and building roofing operations; 

(2) Activities for maintenance of equipment or pollution control equipment, either inside or outside 

of a building, including cutting, welding, and grinding, but excluding painting; 

(3) Exhaust emissions from forklifts, courier vehicles, front end loaders, graders, carts, 

maintenance trucks, and fugitive emissions from fleet vehicle refueling operations, provided such emissions are not 

subject to any requirements under this Chapter (Air Quality), NSPS or NESHAP; 

(4) Use of :fire fighting equipment and :fire fighting training; 

(5) Government military activities such as field exercises, explosions, weapons testing and 

demolition to the extent that such activities: 

(6) 

(7) 

(8) 

(9) 

(10) 

(a) Do not result in visible emissions entering publicly accessible areas; and 

(b) Are not subject to a NSPS or NESHAP; 

Office activities, such as photocopying; 

Test drilling for characterization of underground storage tank and waste disposal sites; 

Non-anthropogenic wind blown dust; 

Residential activities such as use of :fireplaces, woodstoves, and barbecue cookers; 

Gases used to calibrate plant instrumentation, including continuous emission monitoring 

(CEM) systems; 

(11) Food service, such as cafeteria activities; 

(12) Automotive repair shop activities, except painting and use of solvents; 

(13) Use of portable aerospace ground equipment (such as power generators, compressors, heaters, 

air conditioners, lighting units) in direct support of aircraft operations and on or in the immediate vicinity of an 

airfield; 

(14) Activities which occur strictly for preventive maintenance of highway bridges, displays and 

water towers, including: grinding, cutting, welding, painting, and general repairs; 

(15) The act of repositioning or relocating equipment, pipes, ductwork, or conveyors within the 

plant site, but only when such change in physical configuration does not: 

(a) Reposition or relocate any source of air emissions or the emission points from any such 

source; or 

(b) Increase the amount of air emissions or the ambient impacts of such emissions. 

B. The presence of the following new or modified sources and activities at the facility shall be 

reported as provided for in the permit application forms supplied by the Department. Emissions from such sources 

and activities shall not be included in the calculation of facility-wide potential emission rate under Paragraphs 1 or 

2 of Subsection A of 20.2. 72.200 NMAC. Construction of such sources or commencement of such activities after 

issuance of the permit shall be subject to the administrative permit revision procedures in 20.2.219 NMAC. 

(1) Fuel burning equipment which is used solely for heating buildings for personal comfort or for 

producing hot water for personal use and which: 

(a) Uses gaseous fuel and has a design rate less than or equal to five (5) million BTU per 

hour; or 

(b) Uses distillate oil (not including waste oil) and has a design rate less than or equal to one 

(1) million BTU per hour; 

(2) VOC emissions resulting from the handling or storing of any VOC if: 

20.2.72 NMAC Proposed January 11, 2002 6 
(a) Such VOC has a vapor pressure ofless than two tenths (0.2) PSI at temperatures at which 

the compound is stored and handled; and 

(b) The owner or operator maintains sufficient record keeping to verifY that the requirements 

of Sub-paragraph (a) ofthis paragraph are met; 

(3) Standby generators which are: 

(a) Operated only during the unavoidable loss of commercial utility power; 

(b) Operated less than 500 hours per year; and 

(c) Either are: 

i. The only source of air emissions at the site; or 

ii. Accompanied by sufficient record keeping to verifY that the standby generator is 

operated less than 500 hours per year; 

( 4) The act of repositioning or relocating sources of air emissions or emissions points within the 

plant site, but only when such change in physical configuration does not increase air emissions or the ambient 

impacts of such emissions; 

(5) Any emissions unit, operation, or activity that has a potential emission rate of no more than 

one-half(l/2) ton per year of any pollutant for which a National or New Mexico Ambient i\ir Quality Standard has 

been set or one-half ( l/2) ton per year of any VOC. Multiple emissions units, operations, and activities that 

perform identical or similar functions shall be combined in determining the applicability ofthis exemption; 

(6) Surface coating of equipment, including spray painting, roll coating, and painting with aerosol 

spray cans, if: 

(a) The potential emission rate ofVOCs do not exceed ten (10) pounds per hour; 

(b) The facility-wide total VOC content of all coating and clean-up solvent use is less than 

two (2) tons per year; and 

(c) The owner or operator maintains sufficient record keeping to verifY that the requirements 

m Sub-paragraphs (a) and (b) ofthis paragraph are met; 

(7) Particulate emissions resulting from abrasive blasting operations, if: 

(a) Blasting operations are entirely enclosed in a building; and 

(b) No visible particulate emissions are released from the building. 

C. For sources and units subject to 40 CFR Part 60 (NSPS), 40 CFR Part 61 (N~SHAP) or other 

Parts of this Chapter (Air Quality), except 40 CFR Part 60 Subparts I (asphalt plants) and 000 (rock crushers), 40 

CFR Part 61 Subpart C (Beryllium), and 40 CFR Part 61 Subpart D (Beryllium Rocket Motor Firing): 

(1) Such sources and units shall be exempt from the applicability requirements in Paragraph 3 of 

Subsection A of 20.2. 72.200 NMAC if such sources or units: 

(a) Are included in a Notice of Intent filed under 20.2. 73 NMAC (Notice of Intent and 

Emissions Inventory); or 

(b) Have met the notiiication requirements to which they are subject under NSPS or 

NESHAP; and 

(2) Applicability determinations under Paragraphs 1 and 2 of Subsection A of20.2. 72.200 NMAC 

shall take into account all federally enforceable emission limits established for such sources or units under NSPS, 

NESHA.P and other Parts of this Chapter. 

D. Portable Source Relocation. For a portable source which has been issued a permit under this 

Part: 

(1) Such source may relocate without undergoing a permit revision if: 

(a) The source is installed in a manner conforming with the initial permit; 

(b) The source continues to meet all applicable emission limitations and permit conditions; 

and 

(c) The source meets the applicable requirements in Paragraphs 2 and 3 of Subsection D of 

20.2. 72.202 NMAC below; 

(2) For each portable compressor engine which has been issued a streamlined permit in accordance 

with Paragraph 1 of Subsection D of 20.2. 72.3 01 NMAC, the owner or operator shall complete the appropriate 

forms provided by the Department and maintain such records on file for at least two (2) years; 

(3) For all other portable sources, including but not limited to rock crushers and asphalt plants: 

20.2. 72 NMAC Proposed January 11, 2002 7 
(a) The owner or operator shall notifY the Department, on the form provided by the 

Department, at least fifteen (15) days prior to beginning installation at the new location; 

(b) Operation at a new location of such source shall not commence until the Department has 

approved the relocation in writing; 

(c) The Department shall not approve the relocation if it would result in exceedances of any 

National or New Mexico Ambient Air Quality Standard at the new location; and 

(d) The Department shall approve, deny, or approve with conditions, the relocation request 

within fifteen (15) days of receipt of the notice form. 

[11-30-95; A, 1-7-98; A, 2-8-98] 

20.2. 72 NMAC Proposed January 11, 2002 8